The California Judicial Branch is the statewide court system, responsible for establishing rules and forms for all California courts.
The published procedures include a self-help resource and a set of court rules (rules 2.30, 2.254–2.258, 3.50, 3.501, 3.1110, and 3.1150) that practitioners can consult.
California Rules of Court's rule states these limits: 5 pages; 5 pages. If simplified accounting schedules A or C exceed 5 pages, standard forms must be used for those schedules.
California Rules of Court's formatting rule includes the document must be in a format specified by the court unless it cannot be created in that format.. Electronically filed documents must use a court-specified format unless that format cannot be created.
The rule identifies required filing content or certificates. After the five-day approval period expires, the prevailing party must promptly give the court the proposed order together with a summary of any responses received (or a statement that none were received).
The rule identifies required filing content or certificates. Notices of motion must state, in the opening paragraph, the nature of the order sought and the grounds for obtaining it.
Parties may contact the other by other only as allowed by the rule. CARE Act court must inform juvenile court of CARE Act petition for respondents within juvenile court jurisdiction, using any suitable communication method.
The rule does not state that a motion to seal is required for the covered filing process. Process: file unredacted to chambers. Court may seal ex parte communications and findings if good cause to protect conservatee/ward from harm.
No. The rule prohibits holding covered papers for bundling. Spousal/domestic partner property petitions must be filed separately from probate petitions, under the same case number.
Yes. Electronic filing is required for the covered filings. In e-filing cases, proposed orders must be submitted in two versions: a PDF with the EFS-020 cover sheet filed electronically, and an editable word-processing version emailed to the court and all parties.
The rule does not require a fee for the covered filing. No electronic filing service fee may be charged when a prosecutor, an indigent defendant, or that defendant's court-appointed counsel files a document in a criminal action.
The rule addresses filing timing, filing status, or cure windows. Moving and supporting papers must be served and filed according to CCP section 1005 unless the court orders otherwise or law provides otherwise.
Proof of service is required for the covered service rule. Details: recipient: all parties. Any paper filed in court must be accompanied by proof that a copy was served on each party required to be served before the filing.
Any paper filed in court must be accompanied by proof that a copy was served on each party required to be served before the filing.
Papers submitted to an assigned judge must be delivered to that judge at a designated court address and be accompanied by proof of prior service; papers are instead submitted to the Chair of the Judicial Council if there is no assigned judge or if the paper is a rule 3.511(a) type.
Notices or papers required to be served on a party must be served on the party's attorney of record, if one exists.
Moving and supporting papers must be served and filed according to CCP section 1005 unless the court orders otherwise or law provides otherwise.
An application for an order shortening time must include a declaration showing good cause, and the court may also act on its own motion.
Proof of service for moving papers must be filed at least five court days before the hearing.
Papers must not be rejected solely because they were untimely filed, but if the court declines to consider a late paper, it must say so in the minutes or order.
A paper is deemed timely filed if submitted before the courtroom closes to the public on the day on which the paper is due.
A court may adopt a local rule that electronic filings received before midnight on a court day are deemed filed that same court day.
Within five days of the ruling, the prevailing party must serve the proposed order using a method that ensures delivery to all other parties by the close of the next business day.
The other parties have five days after service to notify the prevailing party whether they approve the proposed order, and failure to respond is deemed approval.
Statutory or rule-based extensions of time based on the method of service do not apply to the five-day periods in this rule.
After the five-day approval period expires, the prevailing party must promptly give the court the proposed order together with a summary of any responses received (or a statement that none were received).
In e-filing cases, proposed orders must be submitted in two versions: a PDF with the EFS-020 cover sheet filed electronically, and an editable word-processing version emailed to the court and all parties.
The editable word-processing version of the proposed order sent to the court must also be emailed to all parties in the action.
If the prevailing party fails to prepare and submit the proposed order, any other party may prepare and submit it.
Rule 3.1312 does not apply where the motion was unopposed and the proposed order was submitted with the moving papers, unless the court orders otherwise.
Printing e-filed documents must not cause any loss of text, format, or appearance.
Electronic filers must comply with court requirements that ensure the integrity of electronic filing and protect sensitive personal information.
Electronic filers must furnish the information the court requires for case processing.
Electronic filers must take reasonable steps to keep filings free of computer code, including viruses, that could harm the court's e-filing system or its users.
Electronic filers must furnish one or more electronic service addresses as the court specifies, but only if they have consented to or are required to accept e-service.
Electronic filers must immediately notify the court and all parties of any change to their electronic service address, if they have consented to or are required to accept e-service.
Electronic filers who use an electronic filing service provider must supply that provider with the address for receiving documents and immediately report any change to that address.
Electronically filed documents must use a court-specified format unless that format cannot be created.
The software needed to create and read the court's e-filing format must be in the public domain or available at a reasonable cost.
E-filed documents must be text searchable when technologically feasible, without impairing the document's image.
When an electronically filed document cannot comply with a formatting rule elsewhere in the California Rules of Court, the e-filing rules in this chapter take precedence.
This division's rules govern applications for an initial waiver of court fees and costs based on the applicant's financial condition.
A fee waiver may later be ended, modified, or retroactively withdrawn if the court determines the applicant is not eligible.