Tehama Superior Court Document Filing Requirements

CRITICAL

Applies to

Written agreement

An individual selected and approved to participate in collaborative case planning must sign a written agreement acknowledging confidentiality and the permitted exceptions to nondisclosure.

Any individual selected by a parent or legal guardian of the minor and approved by the Tehama County Department of Social Services (in cases arising under Welfare & Institutions Code §300 et seq.) or the Tehama County Probation Department (in cases arising under Welfare & Institutions Code §600 et seq.) for the purpose of participation in collaborative case planning regarding the minor. Any such individual shall be required to sign a written agreement acknowledging that any information received from the Tehama County Department of Social Services, Child Protective Services Division or the Tehama County Probation Department is confidential and may not be disclosed, except as permitted by Welfare & Institutions Code §827 or by the Court order.

CRITICALProposed or draft document; may not be in force

Applies to

Complaint about appointed counsel

A complaint about appointed counsel must identify the complainant and the alleged facts underlying the complaint.

Any complaint concerning such appointed counsel shall be made in writing to the Court Executive Office, and shall clearly identify the name of complainant and the alleged facts underlying the complaint.

CRITICALProposed or draft document; may not be in force

Applies to

Clerk judgment

When the stated conditions apply, the clerk must include schedule-calculated attorney fees in the clerk's judgment.

Where a prevailing party is entitled to the recovery of reasonable attorney fees in an otherwise appropriate clerk's judgment, the clerk shall include attorney fees computed pursuant to the fee schedule contained in this rule.

CRITICALProposed or draft document; may not be in force

Applies to

Declaration

Before serving as a visitation provider, each nonprofessional supervised visitation provider must file FL-324(NP) declaring that all provider requirements have been met.

All nonprofessional supervised visitation providers are required to file a Declaration of Supervised Visitation Provider (Nonprofessional) Judicial Council Form (FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met before serving as a visitation provider.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

Each party must serve and file a settlement conference statement at least five days before the conference, containing the specified positions, damages, and factual and legal summary.

At least five days before the settlement conference, each party shall serve and file a settlement conference statement, which shall identify the positions of the various parties, shall include settlement positions and demands, shall itemize economic and noneconomic damages, and shall recite a brief summary of the facts and law upon which the filing party relies.

CRITICAL

Applies to

Copy of order or judgment

The releasing agency must keep the copy of the order or judgment on file.

including a copy of the order or judgment, which shall be kept on file by the releasing agency

CRITICALProposed or draft document; may not be in force

Applies to

Case management conference statement

Parties who have appeared must file a CM-110 case management conference statement five days before the conference.

All parties who have appeared in a case must file a Case Management Conference Statement (CM-110) 5 days prior to the date for the case management conference.

CRITICALProposed or draft document; may not be in force

Applies to

Evaluator appointment order copy

Before the evaluation begins, the evaluator must be provided a copy of the order appointing the evaluator.

If an evaluator is appointed, he or she shall be provided prior to commencing the evaluation process with a copy of the court order which specifies the appointment of the evaluator under relevant statutes, including the following statutes in effect at the time of adoption of these rules: Evidence Code § 730, Family Code § 3110, or CCP § 2032.

CRITICALProposed or draft document; may not be in force

Applies to

Declaration regarding notice

The declaration regarding notice must identify the date, time, and manner of notice, the person informed, and any response; if notice was not completed, it must explain the good-faith efforts made or why notice should not be required.

The declaration regarding notice shall include the date, time, and manner of notice, and shall identify the name of the party informed and any response. If notice was not completed, the declaration shall further state that the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party or that, for reasons specified, the applicant should not be required to inform the opposing party.

CRITICALProposed or draft document; may not be in force

Applies to

Report

The CASA Program must report regularly to the Juvenile Court presiding judge and provide evidence that it follows the specified child-advocate guidelines.

The CASA Program shall report regularly to the presiding judge of the Juvenile court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for child advocates.

CRITICALProposed or draft document; may not be in force

Applies to

Record of oral proceedings

The official electronic recording, or a court-made copy, is transmitted as the record of oral proceedings without transcription and satisfies reporter’s-transcript requirements, unless the trial court judge orders a transcript.

In accordance with California Rules of Court, Rules 8.916, 8.917 and 8.860 et seq., the original of an official electronic recording of the trial court proceedings, or a copy made by the court, shall be transmitted as the record of these oral proceedings without being transcribed. This official electronic recording satisfies any requirement in these rules or in any statute for a reporter’s transcript of these proceedings. The trial court judge may order that a transcript be prepared as the record of the oral proceedings.

CRITICALProposed or draft document; may not be in force

Applies to

Order

The judicial officer appointing a CASA must sign an order authorizing the CASA to review specific relevant documents and interview case participants.

To accomplish the appointment of a CASA, the judge, commissioner or referee making the appointment shall sign an order granting the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other

CRITICALProposed or draft document; may not be in force

Applies to

Supervised visitation provider declaration

Professional supervised visitation providers must sign Judicial Council Form FL-324(P), declaring that they meet all training and qualification requirements.

All professional supervised visitation providers must sign a declaration of Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met.

CRITICALProposed or draft document; may not be in force

Applies to

First filed paper

A party seeking a restraining order must identify in its first filed paper any unexpired orders in which a requesting party previously obtained an order against another party or was restrained by another party; the court may impose sanctions for noncompliance.

Any party seeking a restraining order (temporary, preliminary or permanent and including but not limited to Domestic Violence and Harassment restraining orders) shall in its first filed paper identify any unexpired restraining orders [criminal, family law, juvenile, and orders of any other court] in which any party requesting relief has: (1) previously obtained a restraining order against any other party and (2) previously been restrained by any other party. The Court may issue sanctions against any party not complying with this requirement.

CRITICAL

Applies to

Filing document

All documents must be dated and signed.

Please make sure all documents are dated and signed.

CRITICALProposed or draft document; may not be in force

Applies to

Evaluator complaint

Evaluator complaints must be submitted in writing to the Court Executive Officer, who serves as complaint coordinator.

Complaints concerning an evaluator shall be submitted in writing to the Court Executive Officer who is designated as the complaint coordinator.

CRITICALProposed or draft document; may not be in force

Applies to

Written filing

The required notification must be made through an appropriate written filing.

If a party and/or attorney will not oppose a motion filed by opposing counsel or if the moving counsel decides to drop the matter from calendar, that party and/or attorney shall promptly so notify opposing counsel and the Court via the appropriate written filing.

CRITICALProposed or draft document; may not be in force

Applies to

Visitation report

Each visitation report must be accompanied by an updated copy of the provider’s FL-324(P).

An updated copy of the provider’s FL-324(P) shall be resubmitted with each visitation report.

CRITICALProposed or draft document; may not be in force

Applies to

Record on appeal

For appeals in limited civil, misdemeanor, and infraction cases, the original trial court file is used instead of a clerk’s transcript.

In accordance with California Rules of Court, Rules 8.833, 8.863 and 8.914, the Appellate Division elects to use the original trial court file in lieu of a clerk’s transcript on appeal in appeals of limited civil, misdemeanor and infraction cases.

CRITICAL

Applies to

FW-003 – Order on Court Fee Waiver (Superior Court)

When approving an application under the delegation, the clerk must check the grant box on the approved FW-003 form.

When approving an application as authorized by this delegation of authority, the clerk of the court shall check the box on the approved Judicial Council form (FW-003 – Order on Court Fee Waiver (Superior Court)) indicating that the request to waive court fees is granted.

CRITICAL

Applies to

Written order approving media coverage

Filming, photography, and electronic recording anywhere in the courthouse require approval by a judge’s written order.

Unless approved by a written order of a Judge of the Superior Court, no filming, videotaping, photographing, and/or electronic recording is permitted in any area of the courthouse, including, but not limited to, entrances, exits, and hallways.

CRITICAL

Applies to

Media coverage order

Before media coverage begins, a copy of the approving order must be presented to the courthouse entrance bailiff; otherwise, coverage may be prohibited.

A copy of the order approving media coverage must be presented to the Bailiff, stationed at the entrance of the courthouse, prior to any coverage commencing. If such an order is not presented, media coverage may be prohibited.

CRITICALProposed or draft document; may not be in force

Applies to

Court reporter request statement

The statement must say whether the party requests an official court reporter.

In accordance with California Rules of Court (currently Rule 2.956) each party to a civil trial as defined in said rule must serve and file a statement at least ten calendar days in advance of the trial date, or as soon as practicable if the proceeding is set with less than 10 days’ notice, stating whether that party requests the presence of an official court reporter.

CRITICALProposed or draft document; may not be in force

Applies to

Request for court reporter

granted a fee waiver, a completed Request to Waive court Fees (form FW-001 or form FW-001-GC) must be filed at the same time as the request for court reporter.

granted a fee waiver, a completed Request to Waive court Fees (form FW-001 or form FW-001-GC) must be filed at the same time as the request for court reporter.

CRITICALProposed or draft document; may not be in force

Applies to

Fee request

A request for fees above the schedule may be allowed only when supported by legal authority and a declaration.

A request for fees in excess of this schedule shall be allowed only upon legal authority and a declaration provided by the prevailing supporting same.

CRITICALProposed or draft document; may not be in force

Applies to

Fee waiver request

The fee-waiver request must be filed using form FW-020, Request for Court Reporter by a Party with a Fee Waiver.

Any fee waiver request must be submitted by filing a Request for Court Reporter by a Party with a Fee Waiver (form FW-020).

CRITICAL

Applies to

Written order authorizing courtroom recording

No microphones, cameras or recording devices shall be permitted in any courtroom, unless the judge hearing the matter within the courtroom has expressly authorized the same in a written order, pursuant to California Rules of Court, rule 1.150.

No microphones, cameras or recording devices shall be permitted in any courtroom, unless the judge hearing the matter within the courtroom has expressly authorized the same in a written order, pursuant to California Rules of Court, rule 1.150.

CRITICALProposed or draft document; may not be in force

The evaluator must submit form FL-326, or its successor form, concerning training and educational requirements.

The evaluator shall comply with this rule and applicable law and shall submit form FL-326 (or its successor form) with regard to training and educational requirements.

CRITICAL

Applies to

Written request

Before releasing the minor’s name and address to a beneficiary of a restitution order or damages judgment, the agency must obtain the requesting party’s written request and a copy of the order or judgment.

Prior to any such release, the agency must secure a written request by the requesting party, including a copy of the order or judgment

WARNINGProposed or draft document; may not be in force

Applies to

Declaration

If a nonprofessional provider will be used, the parents should inform the court and file the FL-324(NP) form with the court.

If a nonprofessional provider will be used, the parents should inform the court and file the FL-324(NP) form with the court.

WARNING

Applies to

Copy request letter

A mailed copy request must identify the requested items, include the case number and payment, and include a self-addressed, stamped envelope.

If requesting copies by mail, write a letter specifically stating what it is that you want, along with a case number and payment. You must include a self-addressed, stamped envelope to receive copies through the mail.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of settlement

When a case settles, each plaintiff and any other party seeking affirmative relief must file a written Notice of Settlement in compliance with California Rule of Court 3.1385.

Whenever a case settles, each plaintiff and any other party seeking affirmative relief must immediately file written notice of the settlement by filing Notice of Settlement in compliance with California Rule of Court 3.1385.