Trinity Superior Court Document Filing Requirements

CRITICAL

Applies to

Written judicial council waiver form

For a parent’s admission or no-contest plea in a juvenile dependency proceeding, counsel must provide the court at the plea with a written Judicial Council waiver form discussed with and completed by the parent or parents.

In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel shall furnish the court, at the time of the plea, a written Judicial Council waiver form which has been discussed with and completed by the parent(s).

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must include a claims schedule with the specified claimant, amount, presentation, allowance, payment, and rejection details, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (F) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice or rejection with affidavit of mailing to the creditor must be filed.

CRITICAL

Applies to

Notice of association of counsel

A notice of association of counsel must provide identifying and contact information for at least one associating attorney.

A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court.

CRITICAL

Applies to

Brief

Briefs must support factual contentions with specific administrative-record citations identifying the record page number and document title; citing “the whole file” is insufficient.

The briefs shall contain specific references to the administrative record, by record page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to “the whole file” is not a specific reference.

CRITICAL

Applies to

Mandatory settlement conference statement

Mandatory settlement conference statements must be filed as required by the cited rule and include jury-demand and fee information, a trial time estimate, and trial-readiness information.

Statements. Mandatory settlement conference statements must be filed as required by Rule 3.1380(c) of the California Rules of Court. In addition to the requirements of Rule 3.1380(c), the mandatory settlement conference statement also must include the following: (1) whether a jury is demanded or waived and whether jury fees have been posted; (2) time estimate for trial; and (3) whether the case is ready to proceed to trial as assigned.

CRITICAL

Applies to

Ancillary services request

Requests for increased ancillary-service expenditures must state prior authorized amounts and the reason for the increase, include a summary of funds already paid, and attach prior authorization orders.

support of the request the amounts previously authorized and the reason a greater amount is being requested. Additionally, the attorney must include a summary of funds already paid to them for each request for ancillary services. A copy of any previous orders authorizing expenditures shall be attached.

CRITICAL

Applies to

Petition for final distribution

For the specified unequal in-kind distribution outside the will or intestacy laws, the petition must include an agreement accepting the plan, signed by each heir and devisee with acknowledged signatures, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (E) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution.

CRITICAL

Applies to

Petition for extraordinary services fees or commissions

Petitions for extraordinary-service fees or commissions must include the information required by CRC Rule 7.702, except for routine real property sales and federal estate tax work.

(2) Except as stated below for routine real property sales and federal estate tax work, petitions for fees or commissions for extraordinary services shall include the information specified in CRC Rule 7.702.

CRITICAL

Applies to

Preliminary notification

The agency’s preliminary notification must state applicable copying procedures and other preparation conditions, and the agency must update it as additional appropriate documents are located.

The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.

CRITICAL

Applies to

Administrative record

The agency must certify the completed record before it is filed with the court.

Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court.

CRITICAL

Applies to

Probate accounting

In probate proceedings requiring an accounting under Probate Code §1060, including guardianship, conservatorship, and trust proceedings, file the original Summary of Account and original Detailed Schedules specified by the cited statutes.

In any probate proceeding in which an accounting must be filed pursuant to Probate Code §1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code §1061 and the original Detailed Schedules as specified in Probate Code §1062 and §1063 shall be filed. (See Judicial Council Forms GC-400-405.)

CRITICAL

Applies to

Juvenile dependency plea

For an admission or no-contest plea in a juvenile dependency proceeding, counsel must give the court, at the time of the plea, a written Judicial Council waiver form discussed with and completed by the parent or parents.

In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel shall furnish the court, at the time of the plea, a written Judicial Council waiver form which has been discussed with and completed by the parent(s).

CRITICAL

Applies to

Juvenile record access petition

For access sought in connection with pending civil litigation, the attorney of record must attach a separate declaration under penalty of perjury confirming representation in a related pending or potential action.

If access is sought in relation to pending civil litigation the attorney of record shall attach a separate declaration signed under penalty of perjury pursuant to Code of Civil Procedure §2015.5 that he/she is the attorney of record in a pending action or potential action which relates to the petition.

CRITICAL

Applies to

Petition for final distribution

For rejected claims, the petition must state the rejection date, and the original notice of rejection with an affidavit of mailing to the creditor must be filed.

As to any claims rejected, the date of rejection must be set forth, and the original of the notice or rejection with affidavit of mailing to the creditor must be filed.

CRITICAL

Applies to

Pleading

Pleadings must be signed by the attorney and each listed fiduciary or representative, and personally verified by one of those individuals unless the statutory attorney-verification exception and affidavit requirements are satisfied.

Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP §446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met.

CRITICAL

Applies to

Delinquency detention request and notice

The Delinquency Detention Request and Notice (Form 003) is required.

Delinquency Detention Request Rev. 3/25/21 Required 003 and Notice

CRITICAL

Applies to

Request to calendar

The Request to Calendar form is listed as required.

Request to Calendar Rev. 3/25/21 Required 007

CRITICAL

Applies to

Form of judgment

A form of judgment must use the parties’ full names as shown in the pleadings unless an order amends the pleadings as to those names.

Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names;

CRITICAL

Applies to

Proposed order

The proposed property-bond order may be signed only if the court finds the property equity is twice the bail amount and receives the recorded Deed of Trust.

The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust.

CRITICAL

Applies to

Petition

A petition’s caption must state all relief sought and indicate if any part of the estate will be distributed to a trust.

The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must be accompanied by the listed property-bond application, declarations, executed note, deed of trust, and proposed orders.

The Notice of Hearing shall be accompanied by an Application for Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.

CRITICAL

Applies to

First guardianship or conservatorship accounting

For a first guardianship or conservatorship accounting, supporting documents must show the account balance immediately before the conservator or guardian’s appointment.

As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must identify which property is separate and which is community, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (J) A statement of what property is separate and what property is community.

CRITICAL

Applies to

Labor commissioner notice of appeal

A party filing a Labor Code §98.2 Notice of Appeal must file a complete copy of the Labor Commissioner’s order, decision, or award, including any hearing summary and reasons for decision provided by the Commissioner.

A complete copy of the order, decision, or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision if provided by the Labor Commissioner; and

CRITICAL

Applies to

Ancillary services payment claim

A claim for ancillary-service payments above the authorized amount must include a declaration under penalty of perjury reasonably explaining the excess and lack of prior additional authorization.

If an attorney submits a claim for payment of ancillary services which exceeds the amount previously authorized by the court, such excess amount shall not be paid unless the attorney, in a declaration made under penalty of perjury, submitted with the claim, establishes a reasonable explanation for exceeding the authorized amount without obtaining additional prior court authorization.

CRITICAL

Applies to

Petition

Must include

proposed order

The moving party must submit a proposed order with every petition.

The moving party shall submit a proposed order for every petition.

CRITICAL

Applies to

Petition for final distribution

The petition must state facts showing each heir’s entitlement to the portion distributed to that heir, including information about predeceased children, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (B) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children.

CRITICAL

Applies to

Original notice of hearing

The original Notice of Hearing must include a California title company's preliminary title report with the specified property information, dated no more than 30 days before the property-bond application.

(b) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and

CRITICAL

Applies to

Probate order

A probate order must state its general effect clearly enough to be determined without referring to the underlying petition.

Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based.

CRITICAL

Applies to

Preliminary notification

The agency’s preliminary notification must state applicable photocopying procedures and other preparation conditions, and the agency must supplement it as additional appropriate documents are identified.

The preliminary notification from the agency shall also notify petitioners of any required photocopying procedure or other conditions with which petitioners must comply to prepare the record. The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.

CRITICAL

Applies to

Detailed proposed record index

The proposed administrative-record index must be detailed and list the documents petitioners propose to include.

Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.

CRITICAL

Applies to

Final account

After receiving notice of the conservatee’s death, a conservator in an estate conservatorship must file a final account of the administration.

Upon receiving notice of the death of the conservatee, if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052.

CRITICAL

Applies to

Guardianship or conservatorship accounting supporting documents

A copy of the Summary of Account must be attached to the top of the supporting documents.

A copy of the Summary of Account referenced in subsection “A” shall be attached to the top

CRITICAL

Applies to

Delinquency detention request and notice

The Delinquency Detention Request and Notice is listed as required.

Delinquency Detention Request Rev. 3/25/21 Required 003 and Notice

CRITICAL

Applies to

Petition for final distribution

For a distribution to a trust, an acknowledged trustee acceptance statement or a petition to designate a substitute trustee must be filed, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (L) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed.

CRITICAL

Applies to

Resubmitted claim

A resubmitted claim must be expressly identified as a resubmission and include the required declaration with additional supporting facts.

If a claim is denied in whole or in part, the attorney may resubmit a claim for the denied portion within 30 days of being notified of the denial, if the attorney, in a declaration made under penalty of perjury, provides additional facts which establish a reasonable basis for the attorney's belief the claim should receive additional consideration by the court. Each such resubmitted claim shall be expressly identified as such.

CRITICAL

Applies to

Preliminary administrative record notification

The preliminary notification must state estimated preparation costs and page count, and, to the extent known, document locations, responsible contacts, and inspection dates and times during normal business hours.

Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must describe all assets on hand fully and completely, unless that information is in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (A) A full and complete description of all assets on hand.

CRITICAL

Applies to

Expert appointment application

Must include

case number

Counsel must obtain court consent before retaining an expert and apply by declaration with the listed information; applications merely to explore the file will not be granted.

Experts are paid the reasonable value of services. No payment will be made unless counsel first obtains the consent of the Court to retain the expert. A request that asks for an expert merely to explore the file will not be granted. Any application for appointment of an expert shall be by declaration of counsel and shall include at least the following: (1) The file number(s) and party name(s) (except in Juvenile appointments); (2) The type of service being requested; (3) Why such services are reasonably necessary to the case of counsel’s client; (4) The identity, billing address, hourly rate, any flat charges that may apply; (5) A statement of the expert’s qualifications to provide the requested services; (6) An estimate of total cost of services should be included where possible, as well as a not-to- exceed cap; (7) If the expert is required by law to possess a license or other qualification, then the application must identify the license or qualification, the date it was obtained, the office or institution from which that license or qualification was obtained, and a statement that the expert is current and in good standing thereunder.

CRITICAL

Applies to

Proposed order or judgment

A copy of a proposed order or judgment may be attached to a written stipulation, but the version to be signed and filed must be lodged separately.

If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document.

CRITICAL

Applies to

Probate order

A probate order must state its general effect without requiring reference to the underlying petition.

Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based.

CRITICAL

Applies to

Request for psychotropic medication therapy

The minor’s physician must prepare the medication therapy request for CWS/Probation to submit for parental or guardian consent or, if consent is unavailable or declined, to the Juvenile Court in support of an application.

A Request for Psychotropic Medication Therapy shall be prepared by the minor’s physician and provided to CWS/Probation for submission to the minor’s parent or guardian to obtain consent, or in the absence of or unwillingness of parent or guardian to consent, to the Juvenile Court in support of an application for authority to administer the medication.

CRITICAL

Applies to

Cost reimbursement request

A personal representative or attorney requesting reimbursement must separately state and describe each advanced cost.

(G) Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost of items advanced by such party must be separately stated and described.

CRITICAL

Applies to

Notice of association of counsel

A notice of association of counsel must provide the name, address, phone number, and bar number of at least one associating attorney.

A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney

CRITICAL

Applies to

Petition

Must include

caption

A petition’s caption must fully state the order sought and indicate if any part of the estate will be distributed to a trust.

The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate.

CRITICAL

Applies to

Notice of hearing

A real-property-bond Notice of Hearing must be filed and served on the prosecuting agency and County Counsel in compliance with California Rules of Court, Rule 4.111.

A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required.

CRITICAL

Applies to

Petition for disclosure of confidential juvenile records

The petitioning attorney’s declaration must state under penalty of perjury that juvenile-record information will not be disseminated to unauthorized persons or agencies without further court order and must comply with the cited requirements.

The petitioning attorney shall include in his/her declaration, under penalty of perjury, that any records or reports or information relating to the contents of these records or reports shall not be disseminated to any persons or agencies not authorized to receive documents under Welfare and Institutions Code §827 without further court order and comport with the requirements pursuant to Navajo Express v. Superior Court of San Mateo County (1986) 186 C.A. 3d 981.

CRITICAL

Applies to

Judgment for costs on appeal

A party seeking judgment for costs awarded on appeal must submit a separate Judgment Re Costs/Fees on Appeal for signature after timely filing and serving a verified memorandum of costs under California Rules of Court, Rule 8.278.

A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278.

CRITICAL

Applies to

Claim form

The Claim Form is listed as required.

Claim Form Rev. 3/29/21 Required 002

CRITICAL

Applies to

Petition for final distribution

The petition must include a statement regarding payment of all taxes under Probate Code §9650, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (D) A statement regarding payment of all taxes pursuant to Probate Code §9650.

CRITICAL

Applies to

Petition for allowance of statutory fees or commissions

A petition for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701.

All petitions for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701.

CRITICAL

Applies to

Civil case cover sheet

The plaintiff must identify a collections case in an accompanying Civil Case Cover Sheet when filing the complaint; otherwise, the case is subject to the remaining Section 3 case-management procedures.

Collections cases, as defined in California Rules of Court, Rule 3.740, must be identified as such by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet specifying that the action is a collections case as defined in CRC, Rule 3.740. If not so identified, the case shall be subject to disposition pursuant to the case management procedures set forth within the balance of Section 3 of these rules. If so identified:

CRITICAL

Applies to

Guardianship or conservatorship accounting supporting documents

For a guardianship or conservatorship accounting, lodge rather than file the supporting documents, including every defined account statement showing the balance at the close of the preceding accounting period.

For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement,” as defined in Probate Code §2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period.

CRITICAL

Applies to

Child custody evaluator report

Evaluators must prepare a written report.

Evaluators shall prepare a written report.

CRITICAL

Applies to

Declaration

The declaration must have the statement of services rendered and expenses incurred, and any orders authorizing ancillary services, attached and incorporated by reference.

The statement of services rendered and expenses incurred and any orders authorizing the attorney's use of ancillary services shall be attached to, and incorporated by reference as a part of, the declaration.

CRITICAL

Applies to

Hearing notice

Notice of the hearing to supplement the record or object to documents must comply with Code of Civil Procedure section 1005.

Notice shall be given in accordance with Code of Civil Procedure §1005.

CRITICAL

Applies to

Petition to approve transfer of structured settlement payment rights

Must include

proposed order

A petition to approve a transfer of structured settlement payment rights must be accompanied by a conforming proposed order containing the findings required by statute.

At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code §10134 et seq., a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code §10139.5 must be lodged with the court.

CRITICAL

Applies to

Attorney declaration

The attorney’s declaration must identify the action and represented party, explain the necessity and relevance of access with a copy of the complaint, and provide evidence of counsel-of-record designation.

The declaration must contain: a) the type of action being pursued; b) identification of the party represented by said attorney; c) specification of the necessity and relevance of access to said juvenile records sought, including a copy of the complaint; d) evidence of designation as counsel of record (e.g., minute order or other court documentation with such identification, copy of complaint or a valid retainer agreement.)

CRITICAL

Applies to

Petition for final distribution

The petition must include a schedule showing proration of taxes, fees, and costs, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (I) A schedule showing the proration of taxes, fees, and costs.

CRITICAL

Applies to

At issue memorandum

A party's request for a trial date will not be set until an At-Issue Memorandum has been filed.

A trial date will not be set upon the request of a party until the At-Issue Memorandum is filed.

CRITICAL

Applies to

Media coverage order

An order granting media coverage under California Rule of Court 1.150 is required for proceedings inside or outside a courtroom, including courthouse interior spaces, entrances, and exits.

(A) An order granting media coverage of court proceedings pursuant to Rule 1.150 of the California Rules of Court is required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits.

CRITICAL

Applies to

Attorney declaration

The petitioning attorney’s declaration must state under penalty of perjury that juvenile-record information will not be disseminated to unauthorized persons or agencies without further court order and must comport with the cited requirements.

The petitioning attorney shall include in his/her declaration, under penalty of perjury, that any records or reports or information relating to the contents of these records or reports shall not be disseminated to any persons or agencies not authorized to receive documents under Welfare and Institutions Code §827 without further court order and comport with the requirements pursuant to Navajo Express v. Superior Court of San Mateo County (1986) 186 C.A. 3d 981.

CRITICAL

Applies to

Probate accounting

In covered probate, guardianship, conservatorship, and trust proceedings, the original Summary of Account and original Detailed Schedules must be filed.

In any probate proceeding in which an accounting must be filed pursuant to Probate Code §1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code §1061 and the original Detailed Schedules as specified in Probate Code §1062 and §1063 shall be filed. (See Judicial Council Forms GC-400-405.)

CRITICAL

Applies to

Warrant request

Arrest- and search-warrant requests must first receive review and approval from the appropriate District Attorney or Attorney General before delivery to the court, except for the listed warrant types; arrest-warrant supporting declarations must be fully dated and executed before judicial consideration.

All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court. All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants.

CRITICAL

Applies to

Brief

Each brief must include a separate appendix page listing every cited administrative-record page number.

Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief.

CRITICAL

Applies to

Expert appointment application

Any application for appointment of an expert shall be by declaration of counsel and shall include at least the following: (1) The file number(s) and party name(s) (except in Juvenile appointments); (2) The type of service being requested; (3) Why such services are reasonably necessary to the case of counsel’s client; (4) The identity, billing address, hourly rate, any flat charges that may apply; (5) A statement of the expert’s qualifications to provide the requested services; (6) An estimate of total cost of services should be included where possible, as well as a not-to- exceed cap; (7) If the expert is required by law to possess a license or other qualification, then the application must identify the license or qualification, the date it was obtained, the office or institution from which that license or qualification was obtained, and a statement that the expert is current and in good standing thereunder.

Any application for appointment of an expert shall be by declaration of counsel and shall include at least the following: (1) The file number(s) and party name(s) (except in Juvenile appointments); (2) The type of service being requested; (3) Why such services are reasonably necessary to the case of counsel’s client; (4) The identity, billing address, hourly rate, any flat charges that may apply; (5) A statement of the expert’s qualifications to provide the requested services; (6) An estimate of total cost of services should be included where possible, as well as a not-to- exceed cap; (7) If the expert is required by law to possess a license or other qualification, then the application must identify the license or qualification, the date it was obtained, the office or institution from which that license or qualification was obtained, and a statement that the expert is current and in good standing thereunder.

CRITICAL

Applies to

Ancillary services payment claim

A claim for ancillary-service costs exceeding the authorized amount must include a declaration under penalty of perjury reasonably explaining the excess or the excess will not be paid.

If an attorney submits a claim for payment of ancillary services which exceeds the amount previously authorized by the court, such excess amount shall not be paid unless the attorney, in a declaration made under penalty of perjury, submitted with the claim, establishes a reasonable explanation for exceeding the authorized amount without obtaining additional prior court authorization.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must itemize costs paid or sought for reimbursement, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (H) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

CRITICAL

Applies to

Administrative record

Before certification and lodging, the administrative record must follow the listed document order, which describes organization rather than dictating record content.

Prior to certification and lodging, the administrative record shall be organized with the documents in the following order: (a) The Notice of Determination; (b) The Resolution(s) or Ordinance(s) adopted by the lead agency approving the project, including any resolution(s) or ordinance(s) adopted in compliance with Public Resources Code §21081 and §21081.6; (c) The Draft or revised Draft Environmental Impact Report and initial study; (d) The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; (e) The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); (f) The staff reports prepared for the approving bodies of the lead agency; (g) Transcripts and/or minutes of hearings; (h) The remainder of the administrative record, in chronological order if possible. The above table of organization is not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code §21167.6(e).

CRITICAL

Applies to

Request for hearing

A request for a source-of-bail hearing must include a declaration or offer of proof identifying the bail agent and surety or depositor, the bond-premium source and proposed payer, and the source and details of the security or pledge.

The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (b) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (c) The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICAL

Applies to

Petition for final distribution

The petition must state which property is separate and which is community, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (J) A statement of what property is separate and what property is community.

CRITICAL

Applies to

Declaration

If an attorney-fiduciary belongs to a law firm, attorney fees will not be allowed unless the fiduciary executes a declaration agreeing not to share in the firm’s attorney fees.

Where an attorney is the fiduciary and is a member of a law firm, attorney fees will not be allowed unless a declaration is executed by the fiduciary agreeing that the fiduciary will not share in the attorney fees to be received by the firm.

CRITICAL

Applies to

Cost reimbursement request

A personal representative or attorney requesting reimbursement must separately state and describe each advanced cost.

Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost of items advanced by such party must be separately stated and described.

CRITICAL

Applies to

Preliminary notification

The preliminary notification must include known document locations, responsible contacts, and dates and times when documents will be available for inspection during normal business hours.

The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection.

CRITICAL

Applies to

Claim or application

Must include

proposed order

Claims and applications under Rule 11.03 must include points and authorities, supporting declarations under penalty of perjury, and proposed orders.

All claims and applications made pursuant to this Rule 11.03 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders.

CRITICAL

Applies to

Dependency detention request and notice

The Dependency Detention Request and Notice is listed as required.

Dependency Detention Request Rev. 3/25/21 Required 004 and Notice

CRITICAL

Applies to

Ancillary services authorization application

An attorney may use ancillary services without prior authorization only in exigent circumstances and must later apply for authorization with a declaration under penalty of perjury; counsel’s inadvertence, neglect, mistake, or negligence does not qualify as exigent circumstances.

Only when exigent circumstances exist may an attorney engage ancillary services without prior court authorization. If an attorney does so, the attorney must immediately thereafter make application to the court for authorization of such services and show, in a declaration made under penalty of perjury, exigent circumstances justifying the use of such services without prior court authorization. Exigent circumstances may include, but are not limited to, circumstances in which there is a need to preserve or document physical evidence which would dissipate before court authorization could be obtained. The inadvertence, neglect, mistake, or negligence of counsel or counsel's office staff in seeking timely authorization, even if excusable, shall not constitute exigent circumstances.

CRITICAL

Applies to

Petition for compensation

Petitions for compensation to a guardian, conservator, or their attorney must include the information required by California Rules of Court 7.751 and 7.702.

All petitions for compensation to a guardian, conservator, or attorney for a guardian or conservator shall include the information required by CRC Rules 7.751 and 7.702.

CRITICAL

Applies to

Support order

Orders after hearing and stipulations containing child or temporary spousal or partner support provisions must include a computer-generated calculation stating the guideline amount and assumptions.

All orders after hearing or stipulations that contain child and/or temporary spousal or partner support provisions, including orders for $0 support, shall have attached a computer generated support calculation setting forth the guideline amount and the assumptions used in determining the support amount.

CRITICAL

Applies to

Child custody evaluator qualifications declaration

An appointed child custody evaluator must file Judicial Council form FL-326 to establish the evaluator's qualifications.

Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator.

CRITICAL

Applies to

Juvenile record access petition

Anyone seeking to inspect or obtain juvenile court records must petition for authorization unless an identified statutory or rule-based exception applies.

With the exception of those persons or agencies permitted to inspect juvenile court records without court authorization under Welfare and Institutions Code §§827, 827.10 and 828, California Rules of Court, Rule 5.552(b), and those identified in sections (1)-(3) below, every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization.

CRITICAL

Applies to

Partial certification

If the agency refuses complete certification, it must partially certify the record and identify the alleged defects and reasons for withholding certification of portions.

If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it.

CRITICAL

Applies to

Petition for final distribution

If distribution is pursuant to an assignment of interest, the assignment must be filed and acknowledged, and the consideration details must be stated, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (K) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

CRITICAL

Applies to

Final disclosures

After an At-Issue Memorandum is filed, the parties must complete all final disclosures under Family Code § 2105 unless those disclosures are waived.

Following the filing of an At-Issue Memorandum, the parties shall complete all final disclosures, unless waived, pursuant to Family Code § 2105.

CRITICAL

Applies to

Ancillary services application

Before incurring ancillary-service expenses, counsel must apply in writing for court authorization and support the application with a declaration under penalty of perjury stating the specified necessity, service, provider, licensing, and requested spending information.

Before incurring expenses for ancillary services, which are defined to include, without limitation, services of investigators, experts, paralegals, and transcriptionists who are not salaried employees of the attorney, the attorney shall make written application for authorization from the court to do so. Such application shall be supported by a declaration made under penalty of perjury, setting forth the following facts: (1) The reason such services are reasonably necessary in the preparation of a defense; (2) The type of service being requested; (3) The name of the provider being requested and a brief statement of the provider’s qualifications to provide the requested services; (4) Where the provider is required by law to possess a license to provide the requested services, the application shall include the provider’s license number or specify any exemption to the licensing requirement applicable to the provider, and; (5) A request for authorization to spend up to a specific dollar amount.

CRITICAL

Applies to

Psychotropic medication administration

Psychotropic drugs may be administered to a minor ward or dependent child only with authorization from a duly licensed physician.

The administration of psychotropic drugs to minors who are wards or dependent children of the court shall only occur upon the authorization of a duly licensed physician.

CRITICAL

Applies to

Final account

When an estate conservatorship receives notice of the conservatee’s death, the conservator must file a final account under California Rules of Court, rule 7.1052.

Upon receiving notice of the death of the conservatee, if the conservatorship is one of the estate, the conservator shall file a final account of the administration pursuant to California Rules of Court, rule 7.1052.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must describe all assets on hand, unless that information is set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (A) A full and complete description of all assets on hand.

CRITICAL

Applies to

Petition for final distribution

For an unequal in-kind distribution not made under the will or intestate succession laws, the petition must include an agreement accepting the plan, signed by each heir and devisee with acknowledged signatures, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (E) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution.

CRITICAL

Applies to

Child custody evaluator appointment order

The court will use Judicial Council form FL-327 when appointing a child custody evaluator.

The court will use Judicial Council form FL-327, Order Appointing Child Custody Evaluator, to make any such appointment.

CRITICAL

Applies to

Petition for extraordinary services fees or commissions

Petitions for extraordinary-service fees or commissions must include the information specified in CRC Rule 7.702, except for the stated real-property-sale and federal-estate-tax matters.

Except as stated below for routine real property sales and federal estate tax work, petitions for fees or commissions for extraordinary services shall include the information specified in CRC Rule 7.702.

CRITICAL

Applies to

Mediation invitation notice

Within five days after the respondent’s response deadline, petitioners must prepare and lodge with the civil clerk a mediation-invitation notice form for the court’s signature.

In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation.

CRITICAL

Applies to

Proposed jury instructions

Each party must submit one set of proposed instructions with a cover sheet that complies with California Rules of Court, Rule 2.1055.

Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055.

CRITICAL

Applies to

Order after judicial review

If disclosure is ordered, the petitioner must present the Order After Judicial Review to the relevant agency and comply with that agency’s procedures, including any copying costs identified in the order.

If the court orders disclosure of juvenile court records, the court will issue Judicial Council Form JV-574, Order After Judicial Review. It is incumbent upon the Petitioner to present the Order to the respective agency and to comply with all agency rules and procedures including but not limited to the payment of any costs associated with the copying of records as identified in the Order.

CRITICAL

Applies to

Notice of hearing

Must include

proposed order

(2) The Notice of Hearing shall be accompanied by an Application for Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.

(2) The Notice of Hearing shall be accompanied by an Application for Real Property Equity Bond; a declaration of the real property owners; an executed Promissory Note; a Deed of Trust made payable to “County of Trinity” as beneficiary and “Court Executive Officer” as Trustee; and a proposed order approving property bond and order for release of Defendant.

CRITICAL

Applies to

Judgment re costs fees on appeal

A party seeking appellate costs must submit a separate Judgment Re Costs/Fees on Appeal after timely filing and service of a verified cost memorandum; judgment is entered after the time to challenge costs has passed or the challenge is determined.

A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278. Judgment for costs on appeal will be entered after the time has passed for a motion to strike or tax costs or for determination of that motion.

CRITICAL

Applies to

Petition for compensation

Petitions for compensation to a guardian, conservator, or their attorney must include the information required by California Rules of Court 7.751 and 7.702.

All petitions for compensation to a guardian, conservator, or attorney for a guardian or conservator shall include the information required by CRC Rules 7.751 and 7.702.

CRITICAL

Applies to

Guardianship or conservatorship accounting supporting documents

A copy of the Summary of Account referenced in subsection A must be attached to the top of the supporting documents; the source text ends before stating what follows.

A copy of the Summary of Account referenced in subsection “A” shall be attached to the top

CRITICAL

Applies to

Trial notebook

The trial notebook must contain the specified pleadings, memoranda, motions, statement of issues, agreed documents, table of contents, and a detailed index to cited evidence.

The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(s) of issues required by Public Resources Code §21167.8, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record.

CRITICAL

Applies to

Subsequent claim

A subsequent claim outside the single application is waived unless it is accompanied by a declaration under penalty of perjury showing exceptional circumstances justifying the additional claim.

A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim.

CRITICAL

Applies to

Petition for disclosure of confidential juvenile records

The petition must specifically identify the records sought and explain their relevance and necessity.

The Petition shall be completed with specificity regarding the records sought and the relevance and necessity of said records.

CRITICAL

Applies to

Reimbursement request

A reimbursement request for out-of-pocket health-care or child-care costs must include a summary of the amount paid and reimbursement requested.

Requests for reimbursement of out-of-pocket costs for health care and/or child care must include a summary detailing the cost paid and reimbursement requested.

CRITICAL

Applies to

Reimbursement request

A request for reimbursement of out-of-pocket health-care or child-care costs must include a summary of the amount paid and reimbursement requested.

Requests for reimbursement of out-of-pocket costs for health care and/or child care must include a summary detailing the cost paid and reimbursement requested.

CRITICAL

Applies to

Petition for disclosure of confidential juvenile records

For access sought in connection with pending civil litigation, the attorney of record must attach a declaration under penalty of perjury identifying the related action and represented party, explaining necessity and relevance with a copy of the complaint, and documenting counsel-of-record status.

If access is sought in relation to pending civil litigation the attorney of record shall attach a separate declaration signed under penalty of perjury pursuant to Code of Civil Procedure §2015.5 that he/she is the attorney of record in a pending action or potential action which relates to the petition. The declaration must contain: a) the type of action being pursued; b) identification of the party represented by said attorney; c) specification of the necessity and relevance of access to said juvenile records sought, including a copy of the complaint; d) evidence of designation as counsel of record (e.g., minute order or other court documentation with such identification, copy of complaint or a valid retainer agreement.)

CRITICAL

Applies to

Petition to establish fact of death

A petition to establish the fact of death must be verified and include as exhibits an instrument relating to any interest in the property and a copy of the death certificate.

A petition to establish the fact of death (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: (A) A copy of any instrument relating to any interest in the property; and (B) A copy of the death certificate.

CRITICAL

Applies to

Notice of appeal

A party filing a Labor Code section 98.2 notice of appeal must file the complaint and any answer, the complete Labor Commissioner decision, and proof of service of the notice.

Any party filing a Notice of Appeal of the order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, shall file with the Clerk of the Court: (1) A copy of the complaint and any answer filed with the Labor Commissioner; (2) A complete copy of the order, decision, or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision if provided by the Labor Commissioner; and (3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Applies to

Form of judgment

Unless costs have already been awarded in a specific amount, a form of judgment must leave a blank for costs using the stated wording.

Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ ."

CRITICAL

Applies to

Petition to approve transfer of structured settlement payment rights

Must include

proposed order

A petition to approve a transfer of structured settlement payment rights must be accompanied by a proposed order that conforms to the moving papers and contains the statutorily required findings.

At the time of filing a petition to approve a transfer of structured settlement payment rights pursuant to Insurance Code §10134 et seq., a proposed order that conforms to the moving papers and that contains the findings required by Insurance Code §10139.5 must be lodged with the court.

CRITICAL

Applies to

Petition for final distribution

If distribution is pursuant to an assignment of interest, the assignment must be filed and acknowledged and the consideration details stated, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (K) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

CRITICAL

Applies to

Subsequent claim

A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim.

A failure to comply with the requirement that all claims be made in a single application will be deemed a waiver of any such subsequent claims unless exceptional circumstances justifying submission of a subsequent claim are shown in a declaration made under penalty of perjury submitted with the subsequent claim.

CRITICAL

Applies to

Proposed document index

The proposed index must be a detailed list of the documents petitioners propose to include in the administrative record.

Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.

CRITICAL

Applies to

Mandatory settlement conference statement

Mandatory settlement conference statements must meet the cited California rule and include jury-demand and jury-fee information, a trial-time estimate, and trial-readiness information.

Mandatory settlement conference statements must be filed as required by Rule 3.1380(c) of the California Rules of Court. In addition to the requirements of Rule 3.1380(c), the mandatory settlement conference statement also must include the following: (1) whether a jury is demanded or waived and whether jury fees have been posted; (2) time estimate for trial; and (3) whether the case is ready to proceed to trial as assigned.

CRITICAL

Applies to

Petition

Must include

proposed order

The moving party must submit a proposed order for every petition.

The moving party shall submit a proposed order for every petition.

CRITICAL

Applies to

Record additions or deletions notice

The notice must identify documents or items the agency or another party contends should be added to or deleted from petitioners’ proposed record.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.

CRITICAL

Applies to

Juvenile court record access petition

Except for the stated statutory and rule-based exceptions and persons identified below, anyone seeking to inspect or obtain juvenile court records must petition the court for authorization.

With the exception of those persons or agencies permitted to inspect juvenile court records without court authorization under Welfare and Institutions Code §§827, 827.10 and 828, California Rules of Court, Rule 5.552(b), and those identified in sections (1)-(3) below, every person or agency seeking to inspect or obtain juvenile court records must petition the court for authorization.

CRITICAL

Applies to

Exhibits exhibit lists and witness lists

All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.

All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.

CRITICAL

Applies to

Mediation notice

Petitioners must lodge a notice form inviting mediation for the court’s signature.

In accordance with Government Code §66031, within five (5) days after the deadline for respondent to file a response to the action, petitioners shall prepare and lodge with the civil clerk a notice form for the court’s signature inviting mediation.

CRITICAL

Applies to

Juvenile record disclosure petition

The specified juvenile-record petitions must be filed at the Trinity County Courthouse address in Weaverville.

All Petitions for Disclosure of Confidential Juvenile Records and Petitions to Obtain Report of Law Enforcement Agency/Juvenile (Judicial Council Form JV-570 and JV-575, respectively) shall be filed in the Trinity County Courthouse, 11 Court Street, Weaverville, CA 96093.

CRITICAL

Applies to

Trial notebook

The trial notebook must include the specified pleadings, memoranda, motions, issues statements, agreed documents, table of contents, and evidence index.

The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions previously filed and set to be heard at the trial of the action, the statement(s) of issues required by Public Resources Code §21167.8, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, and the volume and tab number in the administrative record.

CRITICAL

Applies to

Ancillary services authorization application

Before incurring expenses for non-salaried ancillary services, counsel must submit a written authorization application supported by a declaration under penalty of perjury containing the listed facts.

Before incurring expenses for ancillary services, which are defined to include, without limitation, services of investigators, experts, paralegals, and transcriptionists who are not salaried employees of the attorney, the attorney shall make written application for authorization from the court to do so. Such application shall be supported by a declaration made under penalty of perjury, setting forth the following facts: (1) The reason such services are reasonably necessary in the preparation of a defense; (2) The type of service being requested; (3) The name of the provider being requested and a brief statement of the provider’s qualifications to provide the requested services; (4) Where the provider is required by law to possess a license to provide the requested services, the application shall include the provider’s license number or specify any exemption to the licensing requirement applicable to the provider, and; (5) A request for authorization to spend up to a specific dollar amount.

CRITICAL

Applies to

Search warrant return

Search warrant returns must be presented to Court Administration, which is authorized to receive and execute them for the court.

Search warrant returns are to be presented to Court Administration who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d).

CRITICAL

Applies to

Papers submitted to counselor

Papers submitted to the counselor must first be filed with the court, accompanied by proof of service, and provided to Family Court Services as file-stamped, conformed copies.

All papers submitted to the counselor for consideration shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel (with file stamped, conformed copies given to Family Court Services).

CRITICAL

Applies to

Request for hearing

A source-of-bail hearing request must include a declaration or offer of proof identifying the bail agent and surety or depositor, the source and proposed payers of the premium, and the source and owner of the security or pledge with a property description.

The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (b) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (c) The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must include a computation of requested attorney fees and representative commissions, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (C) A computation of the attorney fees and representative commissions requested.

CRITICAL

Applies to

Media coverage order

Media coverage of proceedings in a courtroom or elsewhere in the courthouse requires an order; the order is limited to the specified judge or location and the requesting media agency or approved pool.

(A) An order granting media coverage of court proceedings pursuant to Rule 1.150 of the California Rules of Court is required for proceedings within a courtroom as well as outside of a courtroom, including all interior spaces of the courthouse, and its entrances and exits. (B) An order granting media coverage within the courtroom applies only to coverage of proceedings in the courtroom/department of the specific judge identified, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order. An order granting media coverage outside of the courtroom applies only to coverage of the specific location(s) identified with the order, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order.

CRITICAL

Applies to

Petition to establish fact of death

A petition to establish the fact of death must be verified and include copies of any instrument relating to an interest in the property and the death certificate as exhibits.

A petition to establish the fact of death (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: (A) A copy of any instrument relating to any interest in the property; and (B) A copy of the death certificate.

CRITICAL

Applies to

Moving papers

Copies of evidence or exhibits supporting a reimbursement request must be submitted with the moving papers.

Copies of evidence/exhibits in support of the request for reimbursement shall be submitted with the moving papers.

CRITICAL

Applies to

Motion

A sentence-modification request must be made by noticed motion, with filing and service timed under California Rule of Court 4.111 unless the court shortens time on written application and good cause.

The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.

CRITICAL

Applies to

Bail reduction or increase request

A person requesting a bail reduction or increase must disclose prior requests, except for requests made after a preliminary hearing or at an initial arraignment on the Information.

Any person requesting a bail reduction or increase shall disclose all such prior requests. This rule does not apply where an application or request is made after a preliminary hearing, or at an initial arraignment on the Information.

CRITICAL

Applies to

Administrative record

Petitioners who elect to prepare the record must transmit it to the agency for certification.

If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification.

CRITICAL

Applies to

Demurrer motion or application for order

Must include

proposed order

A moving party must submit a proposed order when filing a demurrer, motion, or other application for an order.

The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order.

CRITICAL

Applies to

Record addition or deletion notice

The notice must identify documents or items the agency or party contends should be added to or deleted from petitioners’ proposed record.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.

CRITICAL

Applies to

Petition

When filing the petition, the petitioner must request a status conference within 50 days of filing and serve notice of the conference date on the respondent.

At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent.

CRITICAL

Applies to

Post sentencing services claim

A claim for authorized post-sentencing services is exempt from the single-application requirement and must be identified as post-sentencing and submitted as a declaration.

A claim for any such services authorized by this paragraph shall be excepted from the single application requirement, shall be specifically identified as relating to post-sentence matters, and shall be presented in the form of a declaration.

CRITICAL

Applies to

Notice of hearing

For a real property bond, a Notice of Hearing under Penal Code §1298 must be filed and served on the prosecuting agency and County Counsel in compliance with California Rules of Court, Rule 4.111.

A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required.

CRITICAL

Applies to

Pleading

Pleadings must be signed by the attorney and each representative, trustee, guardian, or conservator.

Pleadings shall be signed by the attorney and each representative, trustee, guardian, or conservator.

CRITICAL

Applies to

At issue memorandum

A party’s request for a trial date will not be acted on until an At-Issue Memorandum is filed, but the Court may set a trial date on its own motion without one.

A trial date will not be set upon the request of a party until the At-Issue Memorandum is filed. The Court retains discretion to set a trial date upon its own motion without an At-Issue Memorandum.

CRITICAL

Applies to

Guardianship or conservatorship accounting

For guardianship or conservatorship accountings, supporting documents must be lodged rather than filed and must include every specified account statement showing the balance at the end of the preceding accounting period.

For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement,” as defined in Probate Code §2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period.

CRITICAL

Applies to

Request to calendar

The Request to Calendar (Form 007) is required.

Request to Calendar Rev. 3/25/21 Required 007

CRITICAL

Applies to

Complaint

The plaintiff must identify a collections case when filing the complaint by filing an accompanying limited jurisdiction Civil Case Cover Sheet that specifies the case is a collections case.

Collections cases, as defined in California Rules of Court, Rule 3.740, must be identified as such by the plaintiff at the time of the filing of the complaint by the filing of an accompanying limited jurisdiction Civil Case Cover Sheet specifying that the action is a collections case as defined in CRC, Rule 3.740.

CRITICAL

Applies to

Periodic ancillary services claim

Periodic ancillary-services claims must include an accounting of authorized amounts, expenditures to date, and the remaining balance.

If periodic claims are submitted pursuant to (A) above an accounting shall be included which details the original amount authorized by the court plus any additional authorized amount(s) if any, less expenditures to date and the balance remaining.

CRITICAL

Applies to

Demurrer motion or application for order

Must include

proposed order

The moving party must submit a proposed order when filing a demurrer, motion, or other application for an order.

The moving party shall submit a proposed order at the time of filing any demurrer, motion or other application for order.

CRITICAL

Applies to

Brief

Briefs must support factual contentions with administrative-record citations identifying both the record page number and document title; citing “the whole file” is insufficient.

The briefs shall contain specific references to the administrative record, by record page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to “the whole file” is not a specific reference.

CRITICAL

Applies to

Sentence modification request

A sentence-modification request must be a noticed motion, with filing and service timing governed by California Rules of Court, Rule 4.111 unless the court shortens time on written application and good cause.

The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.

CRITICAL

Applies to

Petition for final distribution

The petition must compute the requested attorney fees and representative commissions, unless that information is set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (C) A computation of the attorney fees and representative commissions requested.

CRITICAL

Applies to

Bail request

A person requesting a bail increase or reduction must disclose all prior such requests, except for requests made after a preliminary hearing or at an initial arraignment on the Information.

Any person requesting a bail reduction or increase shall disclose all such prior requests. This rule does not apply where an application or request is made after a preliminary hearing, or at an initial arraignment on the Information.

CRITICAL

Applies to

Final disclosures

After an At-Issue Memorandum is filed, the parties must complete all final disclosures unless they are waived under Family Code § 2105.

Following the filing of an At-Issue Memorandum, the parties shall complete all final disclosures, unless waived, pursuant to Family Code § 2105.

CRITICAL

Applies to

Claim form

The Claim Form (Form 002) is required.

Claim Form Rev. 3/29/21 Required 002

CRITICAL

Applies to

Juvenile record access petition

The petition must specifically identify the records sought and explain their relevance and necessity.

The Petition shall be completed with specificity regarding the records sought and the relevance and necessity of said records.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must state whether all taxes have been paid pursuant to Probate Code §9650, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (D) A statement regarding payment of all taxes pursuant to Probate Code §9650.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must include a schedule prorating taxes, fees, and costs, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (I) A schedule showing the proration of taxes, fees, and costs.

CRITICAL

Applies to

Search warrant return

Search-warrant returns must be presented to Court Administration.

Search warrant returns are to be presented to Court Administration who is authorized to receive and execute the return for the court pursuant to Penal Code §1534(d).

CRITICAL

Applies to

Notice of hearing

The original Notice of Hearing must be filed with a qualified-appraiser valuation dated no more than 45 days before the application, a current title report meeting the stated requirements and dated no more than 30 days before the application, and proof of sufficient insurance naming the County as loss payee.

In addition, the following must be filed with the original Notice of Hearing: (a) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser; (b) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and (c) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Trinity” as a loss payee.

CRITICAL

Applies to

Appointed counsel payment claim

Must include

case number

Appointed counsel seeking reimbursement beyond contract consideration must include the appointment date, case numbers, client name except in juvenile cases, billed work dates and times, time billed for each entry, and a clear work description in the payment claim.

Any counsel appointed by any judge in any court under any California Statute or Court Rule who claims reimbursement separate from and in addition to any contract consideration, shall include in his/her claim for payment all of the following: The date of appointment; the case number(s) of appointed cases; the name of the appointed client (except in juvenile cases); the date and inclusive times of work billed; the total hours and minutes (or fractions of an hour) billed for each entry; a clear and concise description of the work done.

CRITICAL

Applies to

Declaration

The declaration must have the statement of services rendered and expenses incurred, and any orders authorizing ancillary services, attached and incorporated by reference.

The statement of services rendered and expenses incurred and any orders authorizing the attorney's use of ancillary services shall be attached to, and incorporated by reference as a part of, the declaration.

CRITICAL

Applies to

Periodic claim

Periodic claims must include an accounting of authorized amounts, expenditures to date, and the remaining balance.

If periodic claims are submitted pursuant to (A) above an accounting shall be included which details the original amount authorized by the court plus any additional authorized amount(s) if any, less expenditures to date and the balance remaining.

CRITICAL

Applies to

Administrative record

The agency must certify the completed administrative record before it is filed with the court.

Upon completion and preparation of the record, it must be certified by the agency before it is filed with the court.

CRITICAL

Applies to

Warrant request

Arrest- and search-warrant requests must be reviewed and approved by the appropriate prosecutor before delivery to court, except for the listed warrant types; arrest-warrant declarations must be fully dated and executed.

All requests for arrest warrants and search warrants shall first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the court. All supporting declarations on arrest warrants shall be fully dated and executed before being considered by a judge. The only exceptions to District Attorney or Attorney General review include Ramey warrants, forced blood draw warrants for suspicion of driving under the influence (DUI)/boating under the influence (BUI), and Steagald warrants.

CRITICAL

Applies to

Proposed order or judgment

A copy of a proposed order or judgment may be attached to a written stipulation, but the proposed order or judgment to be signed and filed must be lodged separately.

If the parties enter into a written stipulation for an order or judgment, a copy of the proposed order or judgment may be attached as an exhibit to such stipulation. However, the proposed order or judgment to be signed and filed shall be lodged as a separate document.

CRITICAL

Applies to

First guardianship or conservatorship accounting supporting documents

For a first guardianship or conservatorship accounting, the supporting documents must show the account balance immediately before the conservator or guardian’s appointment.

As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed.

CRITICAL

Applies to

Request for psychotropic medication therapy

The minor’s physician must prepare a Request for Psychotropic Medication Therapy for submission to the parent or guardian, or to the Juvenile Court when consent is absent or declined.

A Request for Psychotropic Medication Therapy shall be prepared by the minor’s physician and provided to CWS/Probation for submission to the minor’s parent or guardian to obtain consent, or in the absence of or unwillingness of parent or guardian to consent, to the Juvenile Court in support of an application for authority to administer the medication.

CRITICAL

Applies to

Petition for final distribution

The petition must include a claims schedule listing each claimant, amount claimed, date presented, date allowed, and, if paid, date of payment, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (F) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment.

CRITICAL

Applies to

Petition and order for final distribution

The petition and order must set out the full terms of any testamentary trust rather than incorporate them by reference, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (G) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference.

CRITICAL

Applies to

Proposed order

The proposed property-bond and release order may not be signed unless the court finds that the property equity is twice the bail amount and the recorded Deed of Trust has been delivered to the court.

The proposed Order Approving the Property Bond and Order for Release of Defendant shall not be signed unless the court makes the required finding that the equity in the property is twice the value of the amount of bail, and only upon delivery to the court of the recorded Deed of Trust.

CRITICAL

Applies to

At issue memorandum

An At-Issue Memorandum must not be filed while an affirmative pleading remains unanswered or unless both parties have filed preliminary disclosures, except where the disclosures are waived under Family Code §2107.

An At-Issue Memorandum shall not be filed if any petition or complaint, supplemental petition or complaint, or other affirmative pleading remains unanswered, or if preliminary disclosures have not been filed by the petitioner and respondent unless waived pursuant to Family Code §2107.

CRITICAL

Applies to

Labor commissioner notice of appeal

A party filing a Labor Code §98.2 Notice of Appeal must file a declaration proving service of the Notice of Appeal on the Labor Commissioner.

A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Applies to

Claim or application

Must include

proposed order

All claims and applications under Rule 11.03 must include points and authorities, supporting declarations under penalty of perjury, and proposed orders.

All claims and applications made pursuant to this Rule 11.03 shall include points and authorities, supporting declarations made under penalty of perjury, and proposed orders.

CRITICAL

Applies to

Administrative record volume

Each volume’s cover page must list each document’s tab number, full title, and record page number, and the binder spine must show the volume number.

Each volume shall have a cover-page listing each document in the volume by the number of the tab at which it appears, the full title of the document, and the page number of the record of the first page of the document. The volume number shall also be printed on the spine of each binder.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must state facts establishing each heir’s entitlement, including information about predeceased children, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (B) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children.

CRITICAL

Applies to

Form of judgment

A form of judgment must clearly identify the full names and capacities of all parties for and against whom judgment is rendered.

Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants;

CRITICAL

Applies to

Child custody evaluator report

A child custody evaluator must prepare a written report.

Evaluators shall prepare a written report.

CRITICAL

Applies to

Order or stipulation

Orders after hearing or stipulations addressing child or temporary spousal or partner support must include a computer-generated calculation; if the parties disagree on one calculation, each may attach their own.

All orders after hearing or stipulations that contain child and/or temporary spousal or partner support provisions, including orders for $0 support, shall have attached a computer generated support calculation setting forth the guideline amount and the assumptions used in determining the support amount. If the parties do not agree upon a single calculation, each party may attach a computer generated calculation.

CRITICAL

Applies to

Order appointing conservator

Only legal fees for court-appointed counsel representing the conservatee may be approved and included in the Order Appointing Conservator.

Only legal fees for counsel appointed by the court to represent the conservatee may be approved and included in the Order Appointing Conservator.

CRITICAL

Applies to

Original notice of hearing

The original Notice of Hearing must include a qualified appraiser’s report dated no more than 45 days before the property-bond application is filed.

(a) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser;

CRITICAL

Applies to

At issue memorandum

An At-Issue Memorandum may not be filed while an affirmative pleading remains unanswered or required preliminary disclosures remain unfiled, unless the disclosures are waived under Family Code §2107.

An At-Issue Memorandum shall not be filed if any petition or complaint, supplemental petition or complaint, or other affirmative pleading remains unanswered, or if preliminary disclosures have not been filed by the petitioner and respondent unless waived pursuant to Family Code §2107.

CRITICAL

Applies to

Child custody evaluator qualification declaration

An appointed child custody evaluator must file Judicial Council form FL-326 to establish the evaluator’s qualifications.

Any child custody evaluator appointed pursuant to this local rule must file Judicial Council form FL-326, Declaration of Private Child Custody Evaluator Regarding Qualifications, as required by Rule 5.225(k) of the California Rules of Court to establish that he or she is a qualified child custody evaluator.

CRITICAL

Applies to

Original notice of hearing

The original Notice of Hearing must include proof of property insurance sufficient to pay all encumbrances and naming “County of Trinity” as a loss payee.

(c) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Trinity” as a loss payee.

CRITICAL

Applies to

Expert appointment application

Counsel must obtain the Court’s consent to retain an expert before payment will be made.

No payment will be made unless counsel first obtains the consent of the Court to retain the expert.

CRITICAL

Applies to

Labor commissioner notice of appeal

A party filing a Labor Code §98.2 Notice of Appeal must file a copy of the complaint and any answer filed with the Labor Commissioner.

A copy of the complaint and any answer filed with the Labor Commissioner;

CRITICAL

Applies to

Plea

A counsel-entered guilty or no-contest plea under Penal Code §977 must include a properly executed plea form when the offense could count as a prior offense for enhanced punishment upon a later conviction.

Pleas of guilty or no contest entered by counsel pursuant to Penal Code §977 must be accompanied by a properly executed plea form if the plea relates to any offense that constitutes a prior offense for purposes of enhanced punishment upon a subsequent conviction under any statute, including, but not limited to Penal Code §488 and Vehicle Code §§14601, 23103.5, 23152, and 23153.

CRITICAL

Applies to

Administrative record

Before certification and lodging, the record must be organized in the stated sequence; the sequence standardizes the order of typical documents but does not dictate the record’s contents.

Prior to certification and lodging, the administrative record shall be organized with the documents in the following order: (a) The Notice of Determination; (b) The Resolution(s) or Ordinance(s) adopted by the lead agency approving the project, including any resolution(s) or ordinance(s) adopted in compliance with Public Resources Code §21081 and §21081.6; (c) The Draft or revised Draft Environmental Impact Report and initial study; (d) The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modifications to the environmental documents and project made after the comment period; (e) The remainder of the Final Environmental Impact Report (e.g., the Technical Appendices and other technical materials); (f) The staff reports prepared for the approving bodies of the lead agency; (g) Transcripts and/or minutes of hearings; (h) The remainder of the administrative record, in chronological order if possible. The above table of organization is not intended to dictate the content of the record but rather to describe a uniform order for those documents typically contained in an administrative record. Documents to be included in the record are specified in Public Resources Code §21167.6(e).

CRITICAL

Applies to

Dependency detention request and notice

The Dependency Detention Request and Notice (Form 004) is required.

Dependency Detention Request Rev. 3/25/21 Required 004 and Notice

CRITICAL

Applies to

Post sentencing services claim

Compensation is limited to specifically appointed post-sentencing matters or matters the court directs counsel to address; claims must be identified as post-sentence matters and presented as a declaration, but are excepted from the single-application requirement.

Attorneys will be compensated only for those post-sentencing matters for which they are specifically appointed by this court. They will also be compensated for any post- sentencing matter for which they are directed by this court to appear in court or to review specific matters. A claim for any such services authorized by this paragraph shall be excepted from the single application requirement, shall be specifically identified as relating to post-sentence matters, and shall be presented in the form of a declaration.

CRITICAL

Applies to

Form of judgment

Forms of judgment must identify the parties by their full names and capacities as stated in the pleadings, or as amended by court order, and leave a blank for costs unless costs have already been fixed.

In drafting forms of judgment for the trial judge to sign, counsel shall: (A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants; (B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names; and (C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ ."

CRITICAL

Applies to

Guilty or no contest plea

A counsel-entered guilty or no-contest plea under Penal Code §977 must include a properly executed plea form when the offense can count as a prior offense for enhanced punishment.

(E) Pleas of guilty or no contest entered by counsel pursuant to Penal Code §977 must be accompanied by a properly executed plea form if the plea relates to any offense that constitutes a prior offense for purposes of enhanced punishment upon a subsequent conviction under any statute, including, but not limited to Penal Code §488 and Vehicle Code §§14601, 23103.5, 23152, and 23153.

CRITICAL

Applies to

Ancillary services request

A request for increased ancillary-service funds must state prior authorizations and the reason for the increase, summarize funds already paid, and attach prior authorization orders.

support of the request the amounts previously authorized and the reason a greater amount is being requested. Additionally, the attorney must include a summary of funds already paid to them for each request for ancillary services. A copy of any previous orders authorizing expenditures shall be attached.

CRITICAL

Applies to

Petition and order for final distribution

The petition and order must set out the full terms of any testamentary trust rather than merely incorporating them by reference, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (G) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference.

CRITICAL

Applies to

Pleading

Pleadings must be personally verified by a representative, trustee, guardian, or conservator, unless CCP §446(a) authorizes attorney verification and the affidavit-content requirements are met.

The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP §446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met.

CRITICAL

Applies to

Request for counselor testimony

A party seeking the counselor’s testimony at a hearing or trial must submit a written request to the Family Court Services office.

A party seeking testimony from the child custody recommending counselor at hearing or trial must, at least three court days prior to the scheduled hearing or trial, make a written request to the Family Court Services office at 11 Court Street, Weaverville, CA 96093.

CRITICAL

Applies to

Brief

Each brief must include a separate appendix page listing every cited administrative-record page number.

Each brief shall have a separate appendix page that lists the page number of each page of the administrative record cited in the brief.

CRITICAL

Applies to

Objection

An objection to a record document must identify its document number, full title, record page number, and the specific portion challenged.

Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains.

CRITICAL

Applies to

Petition for final distribution

The petition must itemize costs counsel has been paid or seeks to recover; ordinary overhead items such as duplication, telephone calls, and automobile mileage are not proper cost items.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (H) An itemization of costs for which counsel has been paid or is seeking reimbursement. Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

CRITICAL

Applies to

Petition

A petition seeking an allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701.

All petitions for allowance of statutory fees or commissions on account before final distribution must contain the information required by CRC Rule 7.701.

CRITICAL

Applies to

Partial certification

If the agency refuses complete certification, it must partially certify the record and identify the alleged defects and reasons for withholding certification of any portions.

If the agency refuses to make a complete certification, it shall make a partial certification, specifying the alleged defects in the record and stating reasons for refusing to certify portions of it.

CRITICAL

Applies to

Declaration

If an attorney fiduciary belongs to a law firm, attorney fees will not be allowed unless the fiduciary executes a declaration agreeing not to share in the fees the firm receives.

Where an attorney is the fiduciary and is a member of a law firm, attorney fees will not be allowed unless a declaration is executed by the fiduciary agreeing that the fiduciary will not share in the attorney fees to be received by the firm.

CRITICAL

Applies to

Objection

An objection to a record document must identify its document number, full title, record page, and the portion challenged.

Objections to documents contained within the record shall be specific as to document number, full title, record page number, and the portion(s) to which the objection pertains.

CRITICAL

Applies to

Proposed jury instructions

Each party must submit one set of proposed jury instructions with a Rule 2.1055-compliant cover sheet; the instructions must use approved, unmodified CALCRIM wording and follow the specified page and numbering requirements, while page numbering is only preferred against.

Each party shall submit one set of proposed instructions with a cover sheet in compliance with California Rules of Court, Rule 2.1055. Each instruction shall present the approved and unmodified wording as provided in CALCRIM. The instructions shall have the applicable CALCRIM number printed at the top of the page, but shall not include any place to indicate whether the instruction was given, refused, or modified. Each instruction shall be on a separate page or pages with sequentially numbered lines along the left margin. It is the court’s preference that the individual pages not be numbered.

CRITICAL

Applies to

Attorney payment claim

A court-appointed counsel seeking reimbursement separate from and in addition to contract consideration must include the appointment date, appointed case numbers, client name except in juvenile cases, billed work dates and inclusive times, time billed for each entry, and a clear work description.

Any counsel appointed by any judge in any court under any California Statute or Court Rule who claims reimbursement separate from and in addition to any contract consideration, shall include in his/her claim for payment all of the following: The date of appointment; the case number(s) of appointed cases; the name of the appointed client (except in juvenile cases); the date and inclusive times of work billed; the total hours and minutes (or fractions of an hour) billed for each entry; a clear and concise description of the work done.

CRITICAL

Applies to

Moving papers

Copies of supporting evidence or exhibits for a reimbursement request must be submitted with the moving papers.

Copies of evidence/exhibits in support of the request for reimbursement shall be submitted with the moving papers.

WARNING

Applies to

Court reporting request

Civil court-reporting requests must comply with California Rules of Court, Rule 2.956; Judicial Council form FW-020 may be used.

Requests for court reporting services in civil cases shall be made in accordance with California Rules of Court, Rule 2.956, which may be submitted on Judicial Council form FW-020, Request for Court Reporter by Party with a Fee Waiver.

WARNING

Applies to

Written contract

When total client expenses, including attorney fees, are reasonably expected to exceed $1,000, the attorney and client should have a written contract stating the applicable rates and charges, the general nature of the services, and each party’s responsibilities.

In any matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees, will exceed one thousand dollars ($1,000.00), there should be a written contract between the attorney and client for services in the matter containing all of the following: (a) The hourly rate and other standard rates, fees, and charges applicable to the matter. (b) The general nature of the legal services. (c) The respective responsibilities of the attorney and the client as to the performance of the contract.

WARNING

Applies to

Juvenile record petition

When a conformed copy is requested, the petitioner must include additional copies and a self-addressed stamped envelope.

If a conformed copy is requested, additional copies with a self- addressed stamped envelope shall be included.

WARNING

Applies to

Juvenile record petition

A petitioner must submit one original and two copies of the petition for filing.

Petitioner shall submit one original and two copies for filing.

WARNING

Applies to

Resubmitted claim

No additional resubmissions may be considered after the permitted resubmission.

In no event shall the court consider any additional resubmissions.

WARNING

Applies to

Discovery motion

If further information is needed to decide a discovery motion, the court may request a separate statement from either or both parties.

Where further information is necessary to make a determination on the discovery motion, the court may request either or both parties to file a separate statement.

WARNING

Applies to

Cost reimbursement request

Ordinary overhead expenses such as document duplication, telephone calls, and automobile mileage are not proper cost items.

Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

WARNING

Applies to

Expert appointment application

A request for an expert solely to explore the file will not be granted.

A request that asks for an expert merely to explore the file will not be granted.

WARNING

Applies to

At issue memorandum

Once the petition, response, and preliminary disclosures have been filed and the case is ready for trial, a party may file an At-Issue Memorandum accompanied by proof of service.

Once a petition, response and preliminary disclosures pursuant to Family Code §2104 have been filed by the petitioner and respondent in any family law case, a party may file an At-Issue Memorandum (Local Form) accompanied by a proof of service when the case is at-issue and ready to be set for trial.

WARNING

Applies to

Attorney payment claim

The attorney-fee provisions do not apply to counsel working under a County of Trinity or Trinity Superior Court contract unless additional payment beyond the contract’s stated sum is sought; the expert-appointment rule applies to counsel in any court.

As to attorney fees, this rule does not apply to any counsel who works under a contract with the County of Trinity or the Trinity Superior Court unless that counsel seeks payment in addition to sum certain stated in the contract. This rule applies to any counsel in any court who seeks the appointment of an expert.

WARNING

Applies to

Evaluator withdrawal petition

An evaluator may petition to withdraw for good cause; the petition must be in writing, directed to the assigned judicial officer, and copied to the parties or attorneys.

Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys.

WARNING

Applies to

Attorney payment claim

Counsel should request a copy of the current court attorney-billing requirements and comply with them.

Further, counsel should ask for a copy of and comply with the most current court requirements for attorney billing.

WARNING

Applies to

Ancillary services reapplication

After initial approval, counsel may seek authorization for additional ancillary-service expenditures if counsel believes the original authorized amount may reasonably be exceeded; the stated reapplication requirements continue beyond this excerpt.

After the initial approval of ancillary services by the court, the attorney may reapply for authorization for additional expenditures if the attorney believes there is a reasonable possibility the amount originally authorized for ancillary services will be exceeded. Such reapplication shall include in the declaration in

WARNING

Applies to

Preliminary administrative record notification

The agency must supplement its preliminary notification as additional record documents are located or identified as appropriate for inclusion.

The agency shall supplement the preliminary notification from time to time as additional documents are located or are determined to be appropriate for inclusion in the record.

WARNING

Applies to

Prove up applications and supporting evidence

As a general policy, prove-up applications and supporting evidence should be presented in writing, except where the Clerk may enter judgment without judicial review or the law prohibits written presentation.

Except in cases concerning which the Clerk may enter judgment without review by a judicial officer (CCP §585(a)), it is the general policy of the court that prove-up applications and evidence in support thereof be presented in written form, unless prohibited by law (CCP §585(c)).

WARNING

Applies to

Evaluator withdrawal petition

For good cause, an evaluator may petition to withdraw in writing to the assigned judicial officer, with copies to the parties or attorneys.

Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys.

WARNING

Applies to

Appointed counsel payment claim

Counsel should request a copy of and comply with the court’s current attorney-billing requirements.

Further, counsel should ask for a copy of and comply with the most current court requirements for attorney billing.

WARNING

Applies to

Written contract

When total client expenses including attorney fees are reasonably expected to exceed $1,000, the attorney and client should have a written contract stating the applicable rates and charges, general nature of the services, and each party’s responsibilities.

In any matter in which it is reasonably foreseeable that the total expenses to a client, including attorney fees, will exceed one thousand dollars ($1,000.00), there should be a written contract between the attorney and client for services in the matter containing all of the following: (a) The hourly rate and other standard rates, fees, and charges applicable to the matter. (b) The general nature of the legal services. (c) The respective responsibilities of the attorney and the client as to the performance of the contract.

WARNING

Applies to

Ancillary services reapplication

Such reapplication shall include in the declaration in

Such reapplication shall include in the declaration in

WARNING

Applies to

Media coverage order

A media coverage order is limited to the identified judge or outside location and to the requesting media agency or agencies under an approved pooling arrangement.

(B) An order granting media coverage within the courtroom applies only to coverage of proceedings in the courtroom/department of the specific judge identified, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order. An order granting media coverage outside of the courtroom applies only to coverage of the specific location(s) identified with the order, and only to the media agency (or agencies if under an approved pooling arrangement) making the request for order.

WARNING

Applies to

Order after judicial review

If disclosure is ordered, the petitioner must present the JV-574 order to the agency and comply with its procedures.

If the court orders disclosure of juvenile court records, the court will issue Judicial Council Form JV-574, Order After Judicial Review. It is incumbent upon the Petitioner to present the Order to the respective agency and to comply with all agency rules and procedures including but not limited to the payment of any costs associated with the copying of records as identified in the Order.

INFO

Applies to

Support calculation

If the parties do not agree on one support calculation, each party may attach a separate computer-generated calculation.

If the parties do not agree upon a single calculation, each party may attach a computer generated calculation.

INFO

Applies to

Discovery motion

For a discovery motion requiring a separate statement, a concise outline of the disputed discovery requests and responses may be filed instead without leave of court.

Where a discovery motion requiring a separate statement under CRC 3.1345 is filed, the court permits, without leave of court, that a concise outline of the discovery request and each response in dispute be filed in lieu of the separate statement.

INFO

Applies to

At issue memorandum

The court may set a trial date on its own motion without an At-Issue Memorandum.

The Court retains discretion to set a trial date upon its own motion without an At-Issue Memorandum.

INFO

Applies to

At issue memorandum

Must include

certificate of service

Once both parties have filed the petition, response, and preliminary disclosures, a party may file the Local Form At-Issue Memorandum with proof of service when the case is at issue and ready to be set for trial.

Once a petition, response and preliminary disclosures pursuant to Family Code §2104 have been filed by the petitioner and respondent in any family law case, a party may file an At-Issue Memorandum (Local Form) accompanied by a proof of service when the case is at-issue and ready to be set for trial.

INFO

Applies to

Ancillary services reapplication

After initial court approval, counsel may seek authorization for additional ancillary-service expenditures if counsel believes the originally authorized amount may reasonably be exceeded.

After the initial approval of ancillary services by the court, the attorney may reapply for authorization for additional expenditures if the attorney believes there is a reasonable possibility the amount originally authorized for ancillary services will be exceeded.

CRITICAL

Applies to

Petition for final distribution

For distribution to a minor or an incompetent, file either facts showing compliance with Probate Code §3300 et seq. or current certified copies of estate conservatorship or guardianship letters, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (M) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed.

CRITICAL

Applies to

Petition for final distribution

If distribution is to a trust, file either the trustee’s acknowledged statement accepting the property under the trust terms or the executor’s or administrator’s petition to designate a substitute trustee, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (L) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed.

CRITICAL

Applies to

Petition for final distribution

For a distribution to a minor or an incompetent, the filing must include facts showing compliance with Probate Code §3300 et seq. or current certified estate conservatorship or guardianship letters, unless set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution shall contain the following matters, unless set forth in the account and report: (M) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed.