Tulare Superior Court Document Filing Requirements

Applies to

Case management conference statement

Each party must file Judicial Council form CM-110 no later than 15 calendar days before the CMC hearing.

Each party must file and serve a CMC statement on Judicial Council form CM-110 no later than 15 calendar days before the CMC hearing under California Rules of Court, rule 3.725 and Local Rule 600(a)(6).

Applies to

Case management conference statement

Parties must use the mandatory Judicial Council CMC Statement, form CM-110, and complete every applicable item.

Parties must use the mandatory CMC Statement (Judicial Council form CM-110). All applicable items on the form must be completed.

Applies to

Minor compromise submission

A minor’s compromise must be submitted on the Judicial Council mandatory forms.

Minors’ compromises must be submitted on the Judicial Council mandatory forms and must include the proposed order on the Judicial Council form (also see Super. Ct. Tulare County, Local Rules, rule 707).

Applies to

Request for funds

Must include

proposed order

Every request for funds must include an original separate proposed order, one additional copy, and a self-addressed stamped envelope.

Orders: All requests for funds shall contain an original separate proposed order allowing for the request plus one copy and a self-addressed stamped envelope.

Applies to

Proposed order

Must include

proposed order

A proposed order for a service-provider funding request must state the provider's name and address, proposed hourly rate, authorized work hours, and total approved fee.

If the request is for a service provider, the proposed order shall state: 1) the name and address of the provider appointed; 2) the proposed hourly rate to be paid; 3) the number of work hours authorized; and 4) the total fee approved.

Applies to

Proposed order

Must include

proposed order

A proposed order for phone-card funding must state the weekly amount authorized, and a proposed order for office-supply funding must state the authorized supply tier.

If the request is for a phone card, the proposed order shall state the amount of money authorized per week for the phone card; if the request is for office supplies, the proposed order shall state the tier level of supplies authorized.

Applies to

Website local forms

The court’s website local forms are mandatory unless the form is identified as optional.

The following forms are located on the court’s website at https://www.tulare.courts.ca.gov on the Local Forms page. These forms are for mandatory use unless otherwise specified:

Applies to

Statement of decision order judgment or decree

Must include

caption

Statements of decision, orders, judgments, and decrees must include a standard caption and be submitted to the judge at the hearing or to the judge’s clerk afterward.

Statements of decision, orders, judgments, or decrees must bear a standard caption and must be submitted to the judge at the time of the hearing or to the judge’s clerk after the hearing.

Applies to

Case management statement

The CMC statement must use Judicial Council form CM-110 and include completed responses to all applicable items.

Parties must use the mandatory CMC Statement (Judicial Council form CM-110). All applicable items on the form must be completed.

Applies to

Settlement conference statement

The settlement statement must identify counsel's contentions concerning the specific material facts, and personal-injury statements must attach the accident report, relevant medical reports, and an expected-medical-testimony summary identifying each witness.

(a) Contentions as to what counsel believes are the specific material facts. In a personal injury case, copies of the official accident report, all relevant medical reports, and a summary of expected medical testimony with identification of each witness must be attached;

Applies to

Settlement conference statement

The settlement statement must set forth legal and factual contentions with particularity.

(b) Legal and factual contentions set forth with particularity;

Applies to

Settlement conference statement

The settlement statement must cite authority for every legal contention.

(c) Citation of authority for all legal contentions;

Applies to

Settlement conference statement

The settlement statement must itemize special damages and, when earnings loss is claimed, attach the Employer's Wage Loss Statement or, if unavailable, a computation method for the claimed loss.

(d) An itemized list of special damages claimed. If earnings loss is claimed, a copy of Employer’s Wage Loss Statement must be attached. If a wage loss statement is not available, a method of computation of claimed loss of earnings, earning capacity, or loss of profits must be attached; and

Applies to

Pretrial motion

Must include

caption

Each required pretrial motion must be properly captioned, succinctly describe the motion or evidentiary question with supporting authority, and state the requested action and supporting facts.

The document must be properly captioned, must succinctly state the nature of the motion or evidence question with a citation to appropriate code or case law, and must set forth the specific trial court action requested and the facts relied upon to justify the request.

Applies to

Evidentiary request

An anticipated Evidence Code section 402 evidentiary hearing lasting more than five minutes must be requested in writing and scheduled for completion by the Readiness Conference date.

All requests to determine evidentiary matters pursuant to Evidence Code section 402 which are anticipated to require more than a five (5) minute hearing shall be in writing and shall be scheduled for hearing such that they can be completed no later than the date set for the Readiness Conference.

Applies to

Judicial notice request

Parties should copy and attach judicial-notice material, and failure to do so may preclude the court from considering material made available only at the hearing.

Even though the rule only requires the party to have the court’s file available at the hearing if the material is part of a file in the court in which the matter is being heard, the court requests you also copy and attach this material.

Applies to

Guardian ad litem appointment petition

Guardian-ad-litem appointment petitions must use the Judicial Council mandatory forms.

Petitions for Appointment of a “Guardian ad Litem” must use the Judicial Council mandatory forms.

Applies to

Minor compromise order

An order involving a minor must state when the minor turns 18 and direct release of all funds to the minor on that date without further court order.

In cases involving minors, the order must contain the date when the minor will attain the age of 18 years and a direction to the bank, trust company, or savings and loan association to release on such date all funds to the minor without further order of the court.

Applies to

Certificate accounting

The certificate accounting for withdrawn minor-account funds must be prepared using the court-approved form supplied with the authorizing order.

A court-approved form for this certificate will be attached to a copy of the authorizing order to aid the parent/guardian in complying with this requirement.

Applies to

Attorney fee request

A request for attorney fees on a default to be issued by the clerk must include the attorney’s declaration accepting the Appendix 8 fee amount.

Any request for attorney fees on default to be issued by the clerk must be accompanied by a declaration from the attorney that he will accept the amount as set forth in the schedule in Appendix 8.

Applies to

Attorney fee request

Without the required attorney declaration, fees will not be awarded unless the attorney sets a hearing before a judge.

If no declaration is attached, no fees will be awarded unless the attorney sets a hearing before a judge.

Applies to

Ceqa mandamus action

Each action must include the court’s initial filing form, identify the action as Environmental Law- CEQA (Pub. Resources Code, §§ 21167.1 et seq.), and be assigned to the designated CEQA department for all purposes.

Each action must be accompanied by an initial filing form utilized by the court and must designate the action as Environmental Law- CEQA (Pub. Resources Code, §§ 21167.1 et seq.), and must be assigned to the designated CEQA department for all purposes.

Applies to

Brief

Each party filing a brief must lodge with the brief an appendix of excerpts containing the cited administrative-record documents or pages.

Each party filing a brief must prepare and lodge with that brief an appendix of excerpts containing the documents or pages of the administrative record cited in that brief.

Applies to

Statement of issues

The parties must submit a statement of issues, and the court will not waive that requirement by stipulation.

The parties are required by Public Resources Code section 21167.8, subdivision (f), and the court will not waive this requirement pursuant to stipulation.

Applies to

Statement of issues

The statement of issues must identify the administrative-record portions directly related to the issues stated.

The statement of issues must identify those portions of the administrative record that are directly related to the issues identified therein.

Applies to

Trial notebook

Petitioner must prepare and file two trial notebooks, one for the judge and one for the research attorney, at least 14 days before the hearing.

Petitioner must prepare two trial notebooks (one for the judge and one for the research attorney), which must be filed with the designated CEQA department 14 days before the date of the hearing.

Applies to

Trial notebook

Each trial notebook must contain the petition, answers, briefs, statement of issues, and any additional documents agreed upon by the parties.

The trial notebooks must consist of the petition, the answer(s), the briefs, the statement of issues, and any other document(s) agreed upon by the parties.

Applies to

Exhibit notebook

Each party must file an exhibit notebook containing only the administrative-record pages cited in that party's briefs.

Additionally, each party must file an exhibit notebook which must contain only the pages of the administrative record to which they have referred in their briefs.

Applies to

Proposed jury instruction list

A list of proposed jury instructions must be filed with the clerk by the judge-ordered deadline or, absent an order, no later than the pretrial readiness conference.

A list of proposed jury instructions and proposed verdict forms must be filed with the clerk as ordered by the judge and/or if not so ordered, no later than the pretrial readiness conference (before the jury panel is summoned).

Applies to

Sound recording transcription

Before trial, counsel must prepare and obtain a preparer's certification for a typed transcription of any sound recording expected to be offered in evidence.

Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence must be prepared and must be certified by the preparer as containing a true transcription of such recorded statement.

Applies to

Notice of motion for counsel withdrawal

A notice of motion for criminal-counsel withdrawal must be prepared on a Judicial Council form.

California Rules of Court, rule 3.1362 sets forth the requirements for withdrawal and requires that the notice of motion, motion, declaration, and order be made on Judicial Council forms.

Applies to

Findings and order after hearing

Findings and Order After Hearing forms must be completed before attorneys or parties leave the courtroom on the hearing date.

Findings and Order After Hearing prepared on printed local forms provided by the court shall be completed prior to the attorneys and/or parties leaving the courtroom on the day of the hearing.

Applies to

Document production order

An order requesting or ordering document production under Local Rule 917 must contain the specified compliance language and attach a copy of the rule.

If production of documents under this rule is requested or ordered, the order must state, “___________ is ordered to comply with Local Rule 917, a copy of which is attached. Willful failure to comply with this rule may result in sanctions, if requested.”

Applies to

Order or judgment

The prescribed Department of Child Support Services language must appear in orders or judgments, or as ordered by the court, when the specified child-support circumstances apply.

The language set forth at section (b) must appear in all orders or judgments, or as ordered by the court in any proceeding where child support, child support arrearages, or enforcement of child support is at issue in any of these circumstances:

Applies to

Custody agreement or order

All custody agreements and orders must contain the prescribed change-of-residence notice language in substantial conformity, and giving that notice does not itself modify an existing custody order.

As allowed by Family Code section 3024, all custody agreements and orders shall contain language that is in substantial conformity to the following: “If either parent plans to change the residence of a child, subject to this order, for more than thirty (30) days, and that change will affect the ability of either parent to fulfill this parenting plan, the parent contemplating the move shall notify the other parent of said move by mail, return receipt requested and postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent’s attorney of record. To the extent feasible, the notice shall be provided within a minimum of 45 days prior to the proposed change of residence so as to allow time for child custody recommending counseling of a new agreement concerning custody and visitation. It is the policy of this court that the parent contemplating the move is responsible for obtaining a modified parenting plan by either written agreement or order of the court.” Compliance with this notice requirement is not sufficient to change an existing order of custody and visitation.

Applies to

Settlement conference statement

The Settlement Conference Statement must list all community assets and encumbrances with specified valuation information and include a tracing when community-property status is disputed.

(a) A list of all community assets and encumbrances, including the date of acquisition, purchase price, and present fair market value. If there is a dispute as to whether the asset is, in fact, community property, a tracing of the funds should be included.

Applies to

Settlement conference statement

The Settlement Conference Statement must identify claimed separate property, its acquisition date and method, and its fair market value.

(b) A list of all property that the party claims is separate property, including the date and method of acquisition. The fair market value of separate assets should also be included.

Applies to

Petition with waiver of accounting application

An application for waiver of accounting must appear in both the petition caption and the notice of hearing.

Applications for “Waiver of Accounting” must be included in the caption of the Petition and in the Notice of Hearing.

Applies to

Settlement conference statement

The Settlement Conference Statement must include the factual data relied upon for child support, spousal support, or attorney-fee claims.

(c) Factual data upon which the parties rely in support of (or in opposition to) a claim for child support, and/or spousal support, and attorney fees.

Applies to

Settlement conference statement

A request for spousal support must be supported by a completed FL-157 form or an equivalent statement covering the relevant Family Code section 4320 facts.

Any request for spousal support must be supported by a completed FL-157 form or other statement addressing all relevant facts as listed in Family Code section 4320.

Applies to

Settlement conference statement

An updated Income and Expense Declaration must be filed concurrently with the Settlement Conference Statement whenever child or spousal support will be addressed.

An updated Income and Expense Declaration must be filed concurrently with the Settlement Conference Statement if child or spousal support is to be addressed.

Applies to

Settlement conference statement

Real property must be appraised before the settlement conference, with a copy of the appraisal attached to the Settlement Conference Statement.

(d) Where the parties possess real property, the same must have been appraised before the date of the settlement conference, and a copy of the appraisal must be attached to the statement.

Applies to

Settlement conference statement

If furniture remains undivided, the statement must include a complete inventory and evidence of each item's fair market value.

(e) Where the furniture has not been divided, a complete inventory of the furniture must be attached along with an appraisal or other reliable evidence of the fair market value of each item.

Applies to

Settlement conference statement

Listed motor vehicles must be accompanied by Kelly Blue Book private-party sale valuations.

(f) Motor vehicles listed must be accompanied by the Kelly Blue Book private party sale valuations.

Applies to

Settlement conference statement

The statement must list community obligations existing at separation and, for claimed post-separation payment credits, include an itemized list and proof of payment.

(h) A list of the community obligations existing at time of separation. If a spouse is claiming credit for payment after separation, an itemized list, with proof of payment, must be attached.

Applies to

Settlement conference statement

Claiming that an asset or liability has an unknown value, or omitting valuation based on a proposed sale, deferred home sale, or equal division, constitutes a material failure to comply absent the required showing.

(j) A statement that the value of an asset or liability is unknown (without a showing that a good faith appraisal thereof could not be made), or that a valuation of the asset is not made because a party seeks a sale, a deferred sale of home order, or equal division of the asset, will be deemed a material failure to comply with these rules.

Applies to

Settlement conference statement

A party seeking retention of the family home under Family Code section 3800 must include all relevant facts in the Settlement Conference Statement.

(k) Where it is urged that the family home be retained pursuant to Family Code section 3800, all facts relevant to this issue must be included in the statement.

Applies to

Proposed judgment or findings and orders after hearing

Must include

local rule certificate

Proposed judgments and post-hearing findings and orders that order child support must include Judicial Council Form FL-192.

All proposed judgments or findings and orders after hearing in which child support is ordered shall include a copy of Judicial Council Form FL-192 entitled “Notice of Rights and Responsibilities Regarding Child Support,”

Applies to

Proposed judgment or findings and orders after hearing

A child-support proposed judgment or findings and order must contain the prescribed language allocating additional monthly reasonable child-care costs and identifying the payee.

“The parent ordered to pay support must pay additional monthly support for reasonable child-care costs, as follows: ___one-half or __% (specify amount) per month of the costs. Payments must be made to the __ other parent __State Disbursement Unit __ child-care provider (select one).”

Applies to

Proposed judgment or findings and orders after hearing

A child-support proposed judgment or findings and order must contain the prescribed language allocating reasonable uninsured health-care costs and identifying the payee.

“The parent ordered to pay support must pay reasonable uninsured health-care costs for the children as follows: ___one-half or __% (specify amount) per month of the costs. Payments must be made to the __ other parent __State Disbursement Unit __ healthcare provider (select one).”

Applies to

Proposed judgment or findings and orders after hearing

A proposed judgment or findings and order setting child support below the guideline amount must clearly recite Family Code section 4065(a) and state the parties’ understanding and agreement to each provision.

A clear recitation of the provisions of Family Code section 4065(a), and the parties’ understanding of and agreement to each of those provisions.

Applies to

Proposed judgment or findings and orders after hearing

A proposed judgment or findings and order setting child support below the guideline amount must include the child-support guideline calculation.

A copy of the guideline calculation of child support.

Applies to

Judgment or findings and orders after hearing

A child-support judgment or post-hearing findings and order enforced by TCDCSS must attach Form FS01, Standard Orders Attachment.

All judgments or findings and orders after hearings containing a child support order that is being enforced by Tulare County Department of Child Support Services (TCDCSS) shall have attached to it Form FS01, “Standard Orders Attachment.”

Applies to

Welfare and institutions code section 329 application

A Welfare and Institutions Code section 329 application must identify any pending family-law proceeding.

In that application, the affiant must give notice and identifying information of any pending family law proceeding.

Applies to

Application for court review

A petition for court review of a dependency decision must include a copy of the underlying Welfare and Institutions Code section 329 application.

The application for court review must include a copy of the application made pursuant to Welfare and Institutions Code section 329.

Applies to

Professional supervised visitation provider declaration

A professional supervised visitation provider must sign and submit Form FL-324(P) before providing initial visitation in a case.

The professional supervised visitation provider must sign a Declaration of Supervised Visitation Provider (Professional) (Judicial Council Form FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met, both: (1) Before providing initial supervised visitation in a case; and (2) When updating the form and attaching an original report of the supervised visitation monitored by the visitation provider.

Applies to

Nonprofessional supervised visitation provider declaration

When ordered by the court, a nonprofessional supervised visitation provider must sign Form FAM-013 and attest to the stated qualifications and required reading.

If ordered by the court, the nonprofessional supervised visitation provider must sign the local court form Declaration of Supervised Visitation Provider (Nonprofessional) (FAM-013) stating that all requirements to be a nonprofessional provider have been met and that the provider has read the Judicial Council publication entitled “Supervised Visitation A Guide for Non- Professional Providers” or will have read it prior to visits beginning.

Applies to

Witness list

Must include

certificate of service

Unless the hearing officer orders otherwise, a Witness List must be filed and served at least 10 calendar days before the evidentiary hearing, with proof of timely service filed.

Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, Witness Lists shall be filed with the court and served to the opposing party or their attorney of record at least 10 calendar days prior to the date the evidentiary hearing is set to begin. A proof of service shall be filed confirming timely service of the Witness List.

Applies to

Exhibit list

Must include

certificate of service

Unless otherwise ordered, each party must use one of two exhibit-submission procedures at least 10 calendar days before an evidentiary hearing: file and serve an Exhibit List, exhibits, and proof of service, or upload and serve the exhibits through the Omnigo Digital Portal and file only the portal-generated exhibit list.

Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, at least 10 calendar days prior to the date the evidentiary hearing is set to begin each party must either: a. File an Exhibit List with the court and serve a copy to the opposing party or their attorney of record; file and serve a proof of service confirming timely service of the Exhibit List; serve a copy of each exhibit listed in the Exhibit List to the opposing party or their attorney of record; and file a proof of service confirming timely service of the exhibits; or b. Upload the party’s exhibits to the Omnigo Digital Portal, and serve the exhibits through the Digital Portal. If all exhibits are uploaded and served through the Digital Portal, the party must only print an exhibit list from the Digital Portal and file it with the court.

Applies to

Transcription of sound recording

Before trial, a party expecting to offer a sound recording must prepare a typed transcription and obtain the preparer's certification that it is true and accurate.

Prior to the commencement of any trial, a typed transcription of any sound recording which a party expects to offer into evidence must be prepared and must be certified by the preparer as containing a true transcription of such recorded statement.

Applies to

Objections

An opponent must file verified written objections stating their grounds before the hearing, except in contested LPS conservatorship petitions.

Any opponent to a petition, accounting, or other matter scheduled for hearing, except contested LPS conservatorship petitions, must file verified, written objections stating the grounds for such objections prior to the hearing.

Applies to

Ex parte order or temporary restraining order application

Before another judge considers a previously rejected ex parte application or temporary restraining order, that judge must be expressly told the prior circumstances and reasons for denial.

No application for an ex parte order, or a temporary restraining order which has been previously rejected by a judge of this court, shall be presented to any other judge of this court without the judge to whom it is being presented being expressly informed of the circumstances of the previous application and the reasons for its denial.

Applies to

Ex parte order petition

An ex parte petition must be verified and supported by sufficient concrete evidentiary facts establishing the emergency, the need for the order, and the petitioner’s personal knowledge; conclusions alone are insufficient.

All petitions for an ex parte order must be verified by the petitioner and must contain sufficient evidentiary facts of the emergency nature of the petition to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient, and a foundation must be shown for the petitioner’s personal knowledge.

Applies to

Ex parte order petition

A post-appointment ex parte petition must include a special-notice statement that either identifies no active request or lists requesting parties and attaches their notice waivers or proof of service.

All petitions for ex parte orders submitted after the initial appointment of the personal representative must contain a statement on special notices. The statement must either recite that no request for special notice is on file and in effect, or it must list the parties requesting special notice and have attached the specific waivers of notice by such parties or proof of service on such parties.

Applies to

Ex parte petition

Must include

proposed order

Unless a Judicial Council form is used, an ex parte petition must include a separate, self-contained proposed order that does more than merely state that the application was granted.

(d) Separate Order Must Accompany Petition - Except where a Judicial Council form is used, a petition for an ex parte order must be accompanied by a separate order complete in itself. It is not sufficient for such order to merely provide that the application has been granted, or that the sale of property or security set forth in the petition has been approved.

Applies to

Inventory and appraisal and final accounting

The Inventory and Appraisal and Final Accounting must be filed and generally cannot be waived unless the court orders otherwise.

The I&A and Final accounting must be filed (Probate Code 2610(a) and are not waived with a Waiver of Accounting unless otherwise ordered by the Court.

Applies to

Conservatorship and guardianship petitions and accountings

All conservatorship and guardianship petitions and accountings must clearly state the conservatee's developmental disability.

The involvement of a developmentally disabled conservatee must be clearly set forth in all conservatorship and guardianship petitions and accountings.

Applies to

Individualized treatment plan

The individualized treatment plan must comply with Welfare and Institutions Code section 5352.6, encourage appropriate participation by the conservatee and family, specify treatment goals and review criteria, and address reduction or elimination of grave-disability behavioral manifestations.

The individualized treatment plan must fully comply with Welfare and Institutions Code section 5352.6, and particularly in the following respects: (a) the person responsible for developing the treatment plan must encourage the participation of the conservatee and the conservatee’s family members, when appropriate, in the development, implementation, revision, and review of the treatment plan; (b) the plan must specify goals for the individual’s treatment, the criteria by which accomplishment of the goals can be judged, and a plan for review of the progress of the treatment; and (c) the goals of the treatment plan must be the equivalent of goals to reduce or eliminate the behavioral manifestations of grave disability.

Applies to

Riese medication capacity writ/appeal

Must include

proposed order

A Riese medication capacity writ or appeal must include a proposed order when filed.

The Riese medication capacity writ/appeal must be filed with a proposed order.

Applies to

Capacity petition

The treating physician must complete, sign, and date the petition; if absent from the hearing, the physician must support it with a declaration.

The treating physician must complete, sign, and date the petition. If the treating physician will not be present for the hearing, the petition must be supported by a declaration of the treating physician.

Applies to

Petition

A petition for paralegal compensation must state the hours and nature of services, hourly rate, and the paralegal’s name and qualifications summary.

Any petition requesting allowance of paralegal compensation must set forth the hours expended and nature of services performed, and the paralegal’s hourly rate as well as the name and brief summary of the qualifications of the paralegal.

Applies to

Fee request

An extraordinary-fee request must state time devoted, separately identify attorney and paralegal time, and provide the customary hourly rates.

The request for fees must indicate the time devoted to a matter, broken down between attorney and paralegal, indicating the hourly rate customarily charged for such services.

Applies to

Fee application

A conservator or guardian fee application must include a complete statement of facts and specify the exact amount requested rather than merely stating reasonable fees.

Any application for fees must be accompanied by a complete statement of facts upon which such application is based. This application must specify the amount requested, not merely “reasonable fees.”

Applies to

Ex parte application

Ex parte relief from compliance requires a written application, an affidavit showing good cause, at least four hours' personal or telephonic notice to all appearing counsel, and an affidavit confirming notice.

Ex parte requests for relief from compliance with this rule may be granted only upon written application to the juvenile court judge or bench officer assigned to hear the matter, supported by affidavit showing good cause, and with at least four hours personal or telephonic notice of the time set for such ex parte application to all counsel appearing in the proceeding. Any request for such ex parte relief must also include an affidavit by requesting counsel that notice was given as required.

Applies to

Proof of service declaration

Must include

certificate of service

For each juvenile-dependency hearing, CWS must file one Proof of Service Declaration demonstrating compliance with legal notice requirements.

In all juvenile dependency matters, Child Welfare Services (CWS) must file a single “Proof of Service Declaration” to show compliance with the legal notice requirements for each hearing.

Applies to

Proof of service declaration

The Proof of Service Declaration must be signed under penalty of perjury and include the specified notice information.

A “Proof of Service Declaration” (see Appendix 2) must be signed, under penalty of perjury, indicating the following:

Applies to

Proof of service declaration

The declaration must document CWS due diligence in trying to locate missing parents when the law requires it.

The “Proof of Service Declaration” must include documentation of CWS’s due diligence in attempting to locate missing parents whenever required by law.

Applies to

Ex parte application

The original notice declaration and application for order must be submitted to the juvenile-court clerk.

The original declaration and accompanying “Application for Order” must be submitted to the juvenile court clerk of the juvenile division.

Applies to

Request to inspect juvenile case file

A person or agency may establish authorization to inspect a juvenile case file by filing Local Form JUV-001 and providing a file-stamped copy when making the access request.

The person or agency seeking access to the juvenile case file may establish proof of such authorization by filing a Declaration in Support of Request to Inspect and/or Copy Juvenile Court Records without a Court Order (Local Form JUV-001) in the juvenile court and providing a file stamped copy of the declaration to the court or court employee at the time the request for access to a juvenile case file is made.

Applies to

Media access request

A media access request must describe the proposal, project details, requested coverage, anticipated minor involvement, interview subjects, confidentiality waiver, intended use, and acceptance of confidentiality requirements.

The media representative must initiate contact with the presiding judge of the juvenile court by submitting a request, at least five days prior to the requested access date, containing the following: (a) A general description of the media proposal and its purpose; (b) The exact location, date, and time of the proposed project; (c) Specification of the type of coverage requested (i.e., observation, filming, videotaping, interviewing, photographing, or voice recording); (d) A statement of the nature and extent of expected involvement with the minor or facility; (e) A description of the general subject areas to be covered, where individual minors or family members are to be interviewed or questioned; (f) The names and ages of individual minors, if available; (g) A statement as to whether or not petitioner seeks a waiver of the minor’s confidentiality and the specific reasons for such a request; (h) An explanation of how information obtained is to be used, including airing or publication dates; (i) Any other information which could be useful to the court in evaluating petitioner’s request; and (j) A statement of whether the petitioner fully understands and accepts the provisions of Welfare and Institutions Code sections 825-830 and California Rules of Court, rule 5.552, regarding confidentiality.

Applies to

Media order

Before obtaining media access, the media representative must review and sign the designated order and agree to comply with its provisions.

The media representative must review the order and must sign the designated order, agreeing to comply with the provisions of the order, prior to media access.

Applies to

Certificate of competency

The certificate of competency must certify that the attorney meets juvenile-court practice standards and completed the required training, education, or experience.

I hereby certify that I meet the minimum standards for practice before a juvenile court as set forth in California Rules of Court, rule 5.660, and rule 1120 of Local Rules of The Superior Court of Tulare County, and that I have completed the minimum requirements for training, education and/or experience as set forth below.

Applies to

Certificate of competency

Copies of MCLE certificates or other documentation of attendance must be attached to the certificate of competency.

Training and Education: (Attach copies of MCLE certificates or other documentation of attendance.)

Applies to

Application for order and facts

The application for order and facts must identify the affiant, confirm that the child resides in Tulare County, allege Welfare and Institutions Code section 300 applicability, request relief under section 325, and state supporting factual allegations.

I, (Affiant), do hereby declare that: 1. (Information about the affiant, including relation, if any, to the child.) 2. The child resides (or is) in Tulare County. 3. The child is a person who comes within the provisions of Welfare and Institutions Code section 300 (state specific subsection). I request that a petition be filed under Welfare and Institutions Code section 325 on the child’s behalf (and, if appropriate, that the child be detained out of home pending disposition on said petition or other further order of the court). 4. I offer the following facts in support of this request: (State the specific factual allegations which bring the child within Welf. & Inst. Code, §300.)

Applies to

Application for order and facts

The application must include a declaration under penalty of perjury that its statements are true and that information-belief matters are believed to be true.

I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

Applies to

Application for order and facts

The application must be dated and signed by the attorney submitting it.

Dated: Respectfully submitted, . (Signature of Attorney)

Applies to

Increased bid in open court

An increased bid must exceed the return-of-sale amount by at least 10 percent of the first $10,000 and at least 5 percent of any balance.

This bid exceeds the amount stated in the return of sale by at least 10 percent of the first $10,000 of the original bid and by at least 5 percent on any balance.

Applies to

Increased bid in open court

The increased bid must be submitted with cash or a certified check for the stated portion of the bid.

Submitted with this bid is for [cash/a certified check] [e.g., 10 percent] of the bid.

Applies to

Increased bid in open court

The increased-bid form must state the sale terms from the return of sale, with the terms attached as an exhibit if space is insufficient.

The terms of sale must be as follows: [Set forth terms as stated in return of sale.] [If space insufficient, attach terms as an Exhibit.]

Applies to

Request for payment

A provider's request for payment must include the specified declaration under penalty of perjury confirming that the requested work was performed as submitted.

Each request for payment for work performed shall contain a declaration submitted by the provider that states: “I,__________________, declare under penalty of perjury, that the work for which payment is being requested was performed as submitted to the court in this request for payment.”

Applies to

Request for payment

When a defendant is represented by counsel, the request for payment must include the attorney's specified declaration under penalty of perjury confirming that the requested work falls within the attorney's requested scope.

If a defendant is represented by counsel, a request for payment shall contain a declaration submitted by the attorney that states: “I,________________, declare under penalty of perjury, that the work for which payment is being requested is within the scope of work I requested.”

Applies to

Funding request

Must include

proposed order

Every payment request must include a separate original proposed order and one additional copy, with specified identifying and amount information but without the defendant's name or criminal case file number.

Orders: All requests for payment shall contain an original separate proposed order allowing for the request plus one copy. The proposed order shall not state the name of the defendant or the criminal case file number. The proposed order shall state: 1) the 987.9 file number; 2) the name, address, and social security or tax identification number of the provider; and 3) the grand total of the amount requested.

Applies to

Funding request

A provider outside Tulare County requesting mileage or travel-time funding must submit a declaration containing the prescribed perjury statement.

All providers who maintain an office outside of Tulare County and request funding for mileage or travel time shall submit a declaration with a request for payment that states: “I,________________, declare under penalty of perjury that no time or travel expense between Tulare County and my office which is located outside of Tulare County is included in this statement.”

Applies to

Mediator arbitrator application

The application must document qualifying ADR training by attaching proof of completion that includes institution names, program titles, dates, and hours completed.

(Completion of applicable minimum hours of specified ADR training, attach proof of completion, include institution names, program titles, dates, and hours completed.)

Applies to

Settlement conference statement

A settlement statement asserting that required information is unknown may result in sanctions unless counsel shows good cause for not providing it.

A statement that the information required is unknown will be cause for imposition of sanctions unless good cause is shown for failure to respond.

Applies to

Pretrial motion

Must include

caption

The caption page for the pretrial motions must state the estimated hearing time.

An estimate of the time necessary for the hearing of such motions must be set forth on the caption page covering the motions.

Applies to

Minor compromise submission

A party seeking a minor’s compromise must explain why an annuity was not obtained, either because it was not considered or because it was not in the child’s best interest.

Any party not obtaining an annuity for the child’s proceeds must explain to the court why an annuity has not been considered, or if considered, why an annuity was not in the child’s best interest.

Applies to

Findings and order after hearing

When both parties are unrepresented, Self-Help Resource Center staff will prepare the Findings and Order After Hearing forms.

Findings and Order After Hearing forms will be prepared by the Self-Help Resource Center staff in cases in which both parties are unrepresented.

Applies to

Marital settlement agreement

A proposed Marital Settlement Agreement with only one represented party should include prescribed language confirming advice to obtain independent counsel and voluntary execution, with the unrepresented party's initials.

Any proposed Marital Settlement Agreement in which only one party has legal counsel should contain language which is in substantial conformity with the following: “Petitioner/Respondent acknowledges by the initials at the end of this paragraph that she/he has been advised to obtain independent legal counsel and that she/he has voluntarily chosen not to do so; that she/he has read and understands the contents and legal effect of this agreement and has entered into it and signed it freely and voluntarily. (initials of party)”

Applies to

Motion notice

The moving party must reserve the hearing date with the juvenile-court calendar clerk before giving notice.

Prior to giving notice, the moving party must reserve the hearing date with the calendar clerk for the juvenile court.