Tuolumne Superior Court Document Filing Requirements

CRITICAL

Applies to

Order for disbursement of funds

An order disbursing funds from a Court trust account must state the authority for release, deposit date, warrant amount, and known current payee name and address.

1.06.0 Order for Disbursement of Funds: All orders for disbursements of funds from Court trust accounts shall contain the statement of authority for release of funds, the date the funds were deposited, the amount of the warrant to be issued, and the current name and address of payee as known. (Effective 1/01/01)

CRITICAL

Applies to

Court reporter services request

A party requesting Court reporter services for a civil matter must file the request under California Rules of Court, rule 2.956, using local form TUO-CS-150.

A party requesting court reporter services from the Court for a civil matter shall file the request pursuant to California Rules of Court, rule 2.956 using local form TUO-CS-150.

CRITICAL

Applies to

Stipulated continuance request

Must include

proposed order

A stipulated continuance request must include a proposed order for the Court’s signature.

The request shall include a proposed order for the Court’s signature.

CRITICAL

Applies to

Audio recording

An audio recording offered as evidence must be accompanied by an accurate written transcript.

Whenever an audio recording is offered as evidence, an accurate written transcript must accompany it.

CRITICAL

Applies to

Written request with proposed order

When a proposed order and signature line are included in the same document as a written request, the document title must include “[PROPOSED] ORDER.”

1.18.0 Proposed Orders: When a proposed order and line for judicial signature are included at the end of the same document that presents a written request to the Court (as opposed to the lodging of a separate proposed order), the title of the document shall include the words “[PROPOSED] ORDER” so that the nature of the document is clear to the Court and to all parties and interested persons that receive a copy of it.

CRITICAL

Applies to

Case management statement

Case management statements must use the mandatory Judicial Council form.

a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.

CRITICAL

Applies to

Hearing date change application

Must include

proposed order

A hearing-date change application must be written, show good cause, and include a proposed order.

Any party seeking a change of hearing date set under this section must file a written application showing good cause for the change, together with a proposed order, no later than five (5) court days in advance of the hearing.

CRITICAL

Applies to

Stipulation to continue

A stipulation to continue a proceeding must be signed by the attorneys for all represented parties.

Stipulations to continue any proceeding shall be signed by the attorneys for all represented parties in the case.

CRITICAL

Applies to

Informal discovery conference request

A party requesting an informal discovery conference must file the request with the clerk on local form TUO-CV-275.

The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-275

CRITICAL

Applies to

Informal discovery conference request opposition

An opposition to an informal discovery conference request must use local form TUO-CV-300.

The opposition to a Request must be made using local form TUO-CV-300

CRITICAL

Applies to

Discovery dispute pleading

No other pleadings about the discovery dispute, including exhibits, declarations, or attachments, will be accepted; a required privilege log is the exception.

No other pleadings regarding the discovery dispute, including but not limited to exhibits, declarations, or attachments, will be accepted, except for a privilege log, if required (see subdivision (e) below).

CRITICAL

Applies to

Privilege log

When privilege is asserted as a basis for refusing to produce documents, a privilege log must identify all senders and recipients and provide enough information to explain the asserted privilege to the opposing party and the Court.

Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log shall identify all sending and receiving persons or entities, as well as include information sufficient to apprise the opposing party and the Court of the basis for the asserted privilege.

CRITICAL

Applies to

Discovery motion

A discovery motion must include proof of compliance with the rule, including the request’s filing date and a brief description of its disposition.

The motion shall include proof that the moving party satisfied this rule prior to filing the motion, including the date the Request was filed and a brief description of the disposition of the Request.

CRITICAL

Applies to

Trial brief

Civil trial briefs must be submitted to the Court and opposing counsel at least one court day before trial, unless the Court orders an earlier submission, and must identify trial issues, significant anticipated evidentiary problems, and intended witnesses.

Trial briefs are required for all civil court cases. Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date. Trial briefs shall set forth the issues to be tried and any significant evidentiary problems that are likely to be presented. Trial briefs shall list all witnesses the counsel preparing the brief intends to call at the trial.

CRITICAL

Applies to

Continuance request

Must include

proposed order

A stipulated request for a continuance must be written, filed with the Court, and accompanied by a proposed order.

A request for continuance based on stipulation by the parties must be made in writing, filed with the Court, and accompanied by a proposed order granting the request.

CRITICAL

Applies to

Continuance request

A stipulated continuance request must identify the motion title, filing date, and upcoming hearing date.

The request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date.

CRITICAL

Applies to

Request

The declaration or request to drop a noticed motion must state the motion title, filing date, and upcoming hearing date.

The declaration or request shall clearly state the title of the motion, the date it was filed, and the upcoming hearing date.

CRITICAL

Applies to

Request for order shortening time

A request to shorten time must comply with the California Rules of Court governing ex parte applications, and a parties’ stipulation to shorten time has no effect.

A request for an order shortening time shall comply with the California Rules of Court governing ex parte applications, commencing with rule 3.1200. A stipulation by the parties to shorten time is without effect.

CRITICAL

Applies to

Substitution of counsel

A substitution document must identify the new attorney or self-represented party with the required contact information, name a specific attorney rather than only a law firm, and be served on all parties.

A document that substitutes one attorney for another or substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and shall be served on all parties. It is insufficient to name a law firm as the new attorney of record; the document must contain the name of a specific attorney.

CRITICAL

Applies to

Notice to court

When a trial date has been set, counsel who substitutes out or withdraws must advise the Court in writing whether and how the client was notified of that date.

If a trial date has been set in the action or proceeding, it shall be the duty of counsel who has substituted out or withdrawn to advise the Court in writing as to whether the client has been notified of the trial date and the manner of said notification.

CRITICAL

Applies to

Default or uncontested matter

The clerk may not set a default or uncontested matter for hearing until the judgment and all documents needed for its hearing and disposition are on file.

No defaults or uncontested matters shall be set for hearing by the clerk unless and until the judgment, and all pleadings and documents necessary for hearing and disposition of the matter, are on file in the clerk’s office.

CRITICAL

Applies to

Prove up application

Affidavits and declarations supporting a prove-up application must comply with Code of Civil Procedure sections 585 and 585.5.

Affidavits and declarations presented in support of a prove-up application shall comply with the requirements of Code of Civil Procedure sections 585 and 585.5.

CRITICAL

Applies to

Default prove up

A default prove-up requires competent evidence proving each essential element; pleadings are not deemed proved by default, conclusions are insufficient, and affidavits or declarations must establish the affiant’s or declarant’s competence.

At a default prove-up, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. In all cases, proof must be presented by competent evidence and all essential elements of the causes of action sought to be proved; conclusions, whether legal or factual, are insufficient. Affidavits and declarations must affirmatively show that the affiant or declarant is competent to testify to the statements made thereon. In general, the Court will use the same standards for assessing the quality and sufficiency of the evidence as would be applied in a contested proceeding.

CRITICAL

Applies to

Default punitive damages claim

A punitive-damages claim in a default matter will be rejected unless evidence of the defendant’s net worth, including liabilities, is provided.

The Court will reject any claim for punitive damages, unless evidence is provided of the defaulting defendant’s net worth, including liabilities.

CRITICAL

Applies to

Application to change child living situation

An application to change a child’s living situation before a full hearing must include the specified orders, schedules, residence history, proposed time-sharing plan, reasons and supporting facts, and other relevant information.

Any application to change the child’s living situation prior to a full hearing shall include the following: a. The current court order, if any; b. The current child-sharing schedule or agreement, if any; c. Changes in the child’s place of residence in the past 180 days and the circumstances surrounding these changes; d. Proposed time-sharing program; e. The reasons for any proposed change in the child’s living situation, setting forth facts establishing that the child would be physically or emotionally harmed if custody were not changed prior to a hearing on the merits; and f. Other relevant information.

CRITICAL

Applies to

Agreement or stipulation

An agreement or stipulation reached through mediation must immediately be put in writing, signed by the parties and their counsel if represented, and submitted to the judge for signature.

If an agreement or stipulation can be reached by the parties through the mediator, the agreement or stipulation immediately shall be reduced to writing, executed by the parties and their respective counsel (if they are represented by counsel), and submitted to the judge for signature.

CRITICAL

Applies to

Marital settlement agreement

A marital settlement agreement may be approved or incorporated only if the stated petition, stipulation, endorsement, and signature conditions are met.

No marital settlement agreement shall be approved by the Court or incorporated by reference in a judgment unless: a. The petition refers to the property settlement agreement; or the agreement, or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation; or both parties and their attorneys have endorsed approval of the agreement on the Judicial Council form of the stipulation for judgment. b. 1. If both parties are represented by counsel, the agreement is signed by both attorneys; or 2. If only one party is represented by counsel, the attorney for that party signs the agreement and the other party signs a statement in the agreement, or a declaration, or affidavit, that that party has been advised to consult an attorney regarding the agreement, but declined to do so.

CRITICAL

Applies to

Income and expense declaration and property declaration

Each party must file and serve current Judicial Council income-and-expense and property declarations no later than 15 calendar days before trial.

Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.

CRITICAL

Applies to

Trial brief

The trial brief must state the listed property, funds, tracing, debt, support, custody, and visitation information to the extent known or contended; an appraisal may be attached.

The trial brief shall include a full and complete statement of the following information to the extent known or contended: 1. Community and Separate Property: For each item of property, listed under the same item numbers and in the same order as on the Property Declaration, with community property listed first, the following: (i) The date of acquisition; (ii) The facts upon which it is claimed that the property is community or separate; (iii) The nature, extent and terms of payment of any encumbrance against the property; (iv) The manner in which title is presently vested; (v) The record title data; and (vi) Current market value. 2. Funds Held by Others: To the extent that either community or separate property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall, to the extent not identified on the property declaration, state serial or account numbers,and shall state the basis for calculation of the present value and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans shall be set forth; 3. Tracing: If it is contended that a single asset is part community and part separate property in nature, the statement shall describe the asset, its date of acquisition, its value, the dates and amount of payments upon the purchase of the asset or nature and extent of the transaction which resulted in its acquisition, and a statement of the contended segregation of the total value of the asset as to its community and separate property values; 4. Current Obligations: With respect to the current obligations of the parties, the statement shall include the date the debt was incurred, the terms of payment and security, if any held by the creditor, and if it is contended that the debt is a separate obligation and the debt was incurred during the marriage a statement as to the basis of that contention; 5. Support, Custody and Visitation: The statement shall specify that party’s contentions as to child custody, visitation, and the amount and duration of child and spousal support; 6. Appraisals: Each party may attach to the statement a copy of an appraisal by a qualified appraiser of any real or personal property.

CRITICAL

Applies to

Petition to free minor from parental custody and control

Must include

proposed order

A petitioner seeking to free a minor from parental custody and control must submit a proposed order appointing county Child Welfare Services to investigate.

When filing a petition to free a minor from parental custody and control (see Family Code section 7800 et seq.), the petitioner shall submit a proposed order appointing county Child Welfare Services to conduct the investigation required by Family Code section 7850.

CRITICAL

Applies to

Telephone appearance request

Requests for telephone appearance under rule 5.9 must use Judicial Council form FL-679, adopted for non-governmental family law cases.

Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases;

CRITICAL

Applies to

Request for order

A request for an order that includes a request for a temporary emergency order must include completed, dated, and signed Judicial Council form FL-303.

All requests for orders that include a request for TEO must include Judicial Council form FL-303, which has been completed, dated, and signed.

CRITICAL

Applies to

Request for order

The court will not process a request for order seeking a temporary emergency order unless completed form FL-303 is submitted at the same time.

The Court will not process any request for order that includes a request for TEO unless a completed Judicial Council form FL-303 is submitted at the same time.

CRITICAL

Applies to

Ex parte application

A filed order may be amended only by court order, sought through an ex parte application giving notice to all parties and stating the correction’s basis and requesting the judge’s signature.

If an order has been filed it can be amended only by court order. Such an order may be obtained by submitting an ex parte application for an order, with notice to all parties, setting forth the basis for the correction and requesting the judge to sign the amended order.

CRITICAL

Applies to

Probate papers required to be verified

Papers required to be verified under Probate Code section 1020 et seq. must be filed and, as applicable, served with proper verification attached, or the court will not consider them.

Petitions, reports, accountings, and other papers that are required to be verified pursuant to Probate Code section 1020 et seq. shall be filed and, as applicable, served with the proper verification attached. Such papers will not be considered by the Court in the absence of proper verification.

CRITICAL

Applies to

Petition notice

Notices must be prepared and submitted when the petition is filed.

Notices must be prepared and submitted at the time of filing the petition.

CRITICAL

Applies to

Probate order

Probate orders must be complete and understandable without reference to the petition.

All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based.

CRITICAL

Applies to

Blocked account petition and order

A petition and order to place assets in a blocked account must contain the stated restriction on withdrawals.

A petition and order to place assets in a blocked account shall state that “no withdrawal or withdrawals shall be made without prior court order.”

CRITICAL

Applies to

Blocked account receipt

Within ten days after deposit, a financial-institution-acknowledged receipt confirming the deposit and withdrawal restriction must be filed with the clerk.

A receipt acknowledged by the financial institution indicating that (1) the cash and/or securities have been deposited in a blocked account and (2) the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order must be filed with the clerk’s office within ten (10) days after the date of deposit.

CRITICAL

Applies to

Executor declination

A nominated executor’s signed declination must be filed before the hearing.

If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.

CRITICAL

Applies to

Petition for appointment of personal representative

A petition seeking appointment of someone other than the petitioner as personal representative must include a consent to serve for each proposed representative.

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative.

CRITICAL

Applies to

Petition for removal

Must include

proposed order

After filing a petition for removal, the petitioner must present an order directing the clerk to issue a citation.

After a petition for removal has been filed, the petitioner shall present to the Court an order directing the clerk to issue a citation.

CRITICAL

Applies to

Citation for removal

The petitioner must prepare a citation requiring the representative to appear personally and show cause against removal and revocation of the appointment letters.

The petitioner must prepare a citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and the letters of appointment revoked.

CRITICAL

Applies to

Petition for probate

The original will or codicil offered for probate must be lodged with the Court before or at the same time as the petition is filed.

When a petition for probate of a will or codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the filing of the petition.

CRITICAL

Applies to

Petition for probate

A foreign-language will offered for probate must be accompanied by an expert translation when the petition is filed.

If a will that is the subject of a petition for probate is in a foreign language, a translation by an expert shall be submitted at the time of filing the petition for probate.

CRITICAL

Applies to

Will translation

The expert translation must be accompanied by a declaration regarding the translator’s expertise and the translation’s accuracy.

A declaration as to the expertise and accuracy of the translator shall accompany the translation.

CRITICAL

Applies to

Petition for probate

A probate petition must list in attachment 8 and provide notice to all persons and organizations named in the will or codicils.

In a petition for probate of a will, all persons and organizations named in the will or codicil(s) shall be listed in attachment 8 and noticed.

CRITICAL

Applies to

Petition for probate

A living-trust trustee who is a beneficiary under the will must be listed as a devisee and given notice.

The trustee(s) of a living trust who is/are a beneficiary of a will shall be listed as a devisee and noticed.

CRITICAL

Applies to

Petition for probate

If a named devisee predeceased the decedent, that fact must be stated.

If a named devisee predeceased the decedent, that fact must be stated.

CRITICAL

Applies to

Petition for probate

If the petitioner cannot determine a required recipient’s name or address, a declaration describing efforts to identify and locate the heir or beneficiary is required.

A declaration specifying efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required, pursuant to California Rules of Court, rule 7.52.

CRITICAL

Applies to

Declaration

When the decedent has no known heirs or has heirs of a predeceased spouse, a declaration must state its basis and the efforts made to locate heirs.

e. If the decedent has no known heirs or has heirs of a predeceased spouse pursuant to Probate Code section 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.

CRITICAL

Applies to

Corrected inventory and appraisal form

A corrected Inventory and Appraisal form must identify the date of the form being corrected and show the earlier form’s filing date next to the “Corrected” checkbox.

a. The caption of the form shall state the date of the Inventory and Appraisal form that is being corrected. The filing date of the earlier form shall appear next to the “Corrected” checkbox in the caption.

CRITICAL

Applies to

Corrected inventory and appraisal form

A corrected Inventory and Appraisal form must include all properly included assets from the earlier form and their correct values as of the proper valuation date.

b. Because the corrected Inventory and Appraisal form supersedes the form it corrects, the corrected form shall include all assets from the earlier form to the extent they are properly part of the estate, as well as correct values for each of those assets as of the proper valuation date.

CRITICAL

Applies to

Creditor claim disposition report

The disposition of every creditor’s claim must be reported to the Court on Judicial Council form DE-174 before any distribution.

The disposition of all such claims must be reported to the Court on the Judicial Council form DE-174 (Allowance or Rejection of Creditor’s Claim) prior to any distribution.

CRITICAL

Applies to

Sale confirmation hearing

Appearance at the hearing is required.

a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required.

CRITICAL

Applies to

Petition for confirmation of sale

A copy of the sale contract must be attached to the petition for confirmation of sale.

b. A copy of the contract of sale shall be attached to the petition for confirmation of sale.

CRITICAL

Applies to

Petition for confirmation of sale

c. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.

c. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.

CRITICAL

Applies to

Petition for confirmation of sale

If the estate owns only a fractional interest, the petition must state whether the sale depends on closing the sale of the remaining fraction, and the other fractional owners must receive hearing notice.

d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing.

CRITICAL

Applies to

Petition for confirmation of sale

When the whole parcel is being sold, the petition must list only the estate’s fractional interest and its value, and the overbid must be calculated using that interest.

If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.

CRITICAL

Applies to

Courthouse posting request

A petitioner requesting courthouse posting must file a written request directed to the clerk’s office and attach a copy of the notice to be posted.

e. To request posting of the notice of hearing at the courthouse pursuant to Probate Code section 10308, subdivision (c) and section 1230, the petitioner shall file a written request, directed to the clerk’s office, for posting of the notice and shall attach to the request a copy of the notice to be posted.

CRITICAL

Applies to

Proof of posting

After posting the notice, the clerk’s office will prepare and file proof of posting that includes the date posting began.

Upon posting the notice, the clerk’s office will prepare and file proof of posting, which proof will include the date the posting began.

CRITICAL

Applies to

Overbid

An overbid made in open court must be in writing before the judge will accept the offer and grant the sale.

f. Overbids: All overbids made in open court must be in writing before the judge will accept the offer and grant the sale.

CRITICAL

Applies to

Petition for instructions

A petition for instructions must state the requested instructions and why they are necessary, or list alternatives and the anticipated results of each.

The petition shall set forth the requested instructions and the reasons the instructions are necessary, or it shall set forth alternatives and the anticipated results of taking action under each listed alternative.

CRITICAL

Applies to

Petition for instructions

Must include

proposed order

A proposed order must be submitted at least ten calendar days before the hearing.

A proposed order shall be submitted at least ten (10) calendar days prior to the hearing.

CRITICAL

Applies to

Accounting petition or report

A petition or report accompanying an accounting under Probate Code section 1060 et seq. must affirmatively address each issue covered by Probate Code section 1064(a), including the listed matters.

A petition or report accompanying an accounting filed pursuant to Probate Code section 1060 et seq. shall affirmatively address each of the issues covered by subdivision (a) of Probate Code section 1064, including as follows:

CRITICAL

Applies to

Accounting petition or report

The accounting petition or report must state when relevant transactions did not occur or, if transactions are not readily understandable from the schedules, adequately describe them and refer to the applicable schedules, attachments, or court-record documents.

a. If there were no sales, purchases, changes in the form of assets, or other transactions during the accounting period that are not otherwise readily understandable from the schedules, the petition or report shall so state. If there were any sales, purchases, changes in the form of assets, or other transactions that are not readily understandable from the schedules, an adequate description shall be provided, along with references to any applicable schedule(s), attachments, and/or other documents in the court record.

CRITICAL

Applies to

Accounting petition or report

The accounting petition or report must state if there are no unusual items or adequately explain any unusual items with references to relevant supporting materials.

b. If there are no unusual items appearing in the account, the petition or report shall so state. If there are any unusual items, an adequate explanation shall be provided, along with references to any relevant schedules, attachments, and/or other documents in the court record.

CRITICAL

Applies to

Accounting petition or report

The accounting petition or report must state if no compensation described in Probate Code section 1064(a)(3) was paid.

c. If no compensation was paid as set forth at section 1064, subdivision (a)(3), the petition or report shall so state.

CRITICAL

Applies to

Accounting petition or report

The accounting petition or report must state if the fiduciary had no family or affiliate relationship with any agent hired during the accounting period.

d. If there was no family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period, the petition or report shall so state.

CRITICAL

Applies to

Petition or report

If the cash was not invested and maintained as specified, the petition or report must say so and the fiduciary must explain why.

If the cash has not been invested and maintained as set forth at section 1064, subdivision (a)(5), the petition or report shall so state, and the fiduciary shall provide an explanation.

CRITICAL

Applies to

Ex parte petition for distribution

An ex parte petition for distribution must justify the urgent action unless all beneficiaries or all heirs give written consent.

Except upon the written consent of all beneficiaries or all heirs, ex parte petitions for distribution must set forth the justification for such urgent action.

CRITICAL

Applies to

Petition for distribution

Petitions for preliminary or final distribution must list and describe distributed property in detail and may not rely on a description by reference to the will or inventory.

Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable. This rule applies to preliminary and final distributions with or without an accounting.

CRITICAL

Applies to

Petition for final distribution

If specifically bequeathed personal property no longer exists at final distribution, the petition must fully explain that fact.

If specifically bequeathed personal property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact.

CRITICAL

Applies to

Petition for final distribution

If the estate inventory value exceeds $400,000, the petition for final distribution must list the names and present addresses of all persons entitled to estate property.

When the inventory value of the estate exceeds four hundred thousand dollars ($400,000), the names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution.

CRITICAL

Applies to

Petition for distribution

Every petition for distribution must allege either that notice required by Probate Code sections 9201 and 9202 was given or that no notice is required.

All petitions for distribution shall contain allegations addressing the notice requirements of Probate Code sections 9201 and 9202, either that notice has been given as required by law or that no such notice is required.

CRITICAL

Applies to

Accounting for specially devised real property

Unless waived, specially devised real property requires a separate accounting that identifies its allocable income and expenses.

Unless waived, a separate accounting for specially devised real property is required. Such accounting shall set forth the income and expense allocable to such real property (e.g., rents, taxes maintenance, repairs, insurance).

CRITICAL

Applies to

Petition for distribution

The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of intestate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death.

The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of intestate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death.

CRITICAL

Applies to

Account

When assets are distributed to a trustee, conservator, guardian, or other personal representative, an account must be filed unless waived.

Where assets are to be distributed to a trustee, conservator, guardian, or other personal representative, an account shall be filed, unless waived.

CRITICAL

Applies to

Petition for distribution

If distribution is to a trustee, the petition must be accompanied by either the trustee’s acknowledged acceptance statement or the personal representative’s petition to appoint and designate a substitute trustee.

If distribution is to a trustee, there shall be filed with the petition for distribution either an acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the personal representative for the appointment and designation of a substitute trustee.

CRITICAL

Applies to

Petition for distribution

For an unequal in-kind distribution by agreement, an executed and acknowledged agreement must be attached to and incorporated into the petition, and its terms must appear in the distribution order.

Where assets are to be distributed unequally in kind by agreement of heirs or beneficiaries, an executed and acknowledged copy of the agreement shall be attached to and incorporated into the petition for distribution and the terms of the agreement set out in the order of distribution to be made pursuant to Assignment of Interest of Heir or Beneficiary.

CRITICAL

Applies to

Assignment of interest

The assignment must detail the consideration, be executed and acknowledged, and be filed with the petition for distribution.

The assignment shall set forth the details of consideration and shall be executed, acknowledged, and filed with the petition for distribution.

CRITICAL

Applies to

Petition

The petition and order must state the full terms of any testamentary trust rather than incorporate them only by reference.

The terms of any testamentary trust must be set forth in full in the petition and order and not merely incorporated by reference.

CRITICAL

Applies to

Petition for distribution

For distribution to a minor or incompetent, the petition must either state facts showing compliance with Probate Code section 3400 et seq. or be filed with certified conservatorship or guardianship letters.

On distribution to a minor or incompetent, either (1) the petition for distribution shall set forth facts showing compliance with Probate Code section 3400 et seq. or (2) there shall be filed with the petition certified copies of letters of conservatorship or guardianship.

CRITICAL

Applies to

Petition for final distribution

The petition for final distribution must address the source of payment of any federal estate tax.

The petition for final distribution must address the question of the source of the payment of the federal estate tax, if any.

CRITICAL

Applies to

Final report

If estate tax is prorated, the final report must show the computation and the final distribution order must include the proration.

If the tax is prorated, the final report must show the computation, and the order for final distribution must include the proration.

CRITICAL

Applies to

Final report

After a personal representative proceeds under the Independent Administration of Estates Act, the final report must list all independent acts and allege that required notices were served and no objections were made.

If a personal representative has proceeded under the Independent Administration of Estates Act, the final report, whether or not accompanied by an accounting, shall contain a list of all independent acts performed and an allegation that all required notices of proposed action were duly served and that no objections were made.

CRITICAL

Applies to

Final report

The final report must describe any sales, transfers, or disposals made without notice, cite their authority, and state facts showing compliance with that authority.

A personal representative’s final report shall (1) describe any sales, transfers, or disposals of estate property that were made without notice, (2) cite the authority for such action(s), and (3) include facts demonstrating compliance with the cited authority.

CRITICAL

Applies to

Final report

The final report must list each creditor’s claim, claimant, amount, disposition, and—if rejected—the date notice of rejection was served; merely alleging that all claims were paid is insufficient.

It is not sufficient simply to allege that all creditor’s claims have been paid. Rather, the claims presented must be listed showing the claimant, the amount claimed, and the disposition of each claim. If any claim has been rejected, the date of service of notice of rejection of the claim shall be stated. The required allegation must appear in the final report, even though it may have appeared in whole or in part in prior reports.

CRITICAL

Applies to

Petition for distribution

An intestate petition for distribution must allege whether the property is separate or community property and identify it.

intestate, the petition for distribution must contain an allegation as to the separate or community character of the property and the identity thereof.

CRITICAL

Applies to

Report

When accounting is waived, the report must still present other matters, including creditor claims, sales and purchases, and changes in asset form.

All other matters (e.g., the reporting of creditor claims, sales and purchases, and changes in the form of assets) must be presented in the report.

CRITICAL

Applies to

Petition for final distribution

If statutory compensation is requested on a basis other than the Inventory and Appraisal amount, the petition must include detailed schedules of receipts and gains and losses on sales even when accounting is waived.

Detailed schedules of receipts and gains and losses on sales must be included notwithstanding the waiver if the petition for final distribution requests statutory compensation based on an amount other than the amount reflected in the Inventory and Appraisal form(s).

CRITICAL

Applies to

Petition and order

A petition and order requesting closing expenses must state how any unused portion will be distributed.

When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof.

CRITICAL

Applies to

Declaration and proposed order for final discharge

The order portion of the declaration and proposed order for final discharge must be completed in full, except for the date and judge’s name.

The “order” portion of the declaration and proposed order for final discharge shall be completed in full except for the date and name of the judge.

CRITICAL

Applies to

Petition for compensation

Unless statutory compensation is waived, the petition for compensation must state its calculation and any prior statutory compensation payments.

Unless statutory compensation is waived, calculation of the statutory compensation and any prior payments of statutory compensation shall be set forth in the petition for compensation.

CRITICAL

Applies to

Personal representative report

The personal representative’s report must reflect gains or losses on sales used in the statutory compensation calculation.

Such gains or losses shall be reflected in the report of the personal representative.

CRITICAL

Applies to

Statutory compensation calculation

Receipts included in the statutory compensation computation must be set forth in detail.

If receipts are to be included in the computation, they must be set forth in detail.

CRITICAL

Applies to

Declaration

When an attorney personal representative belongs to a law firm, attorney’s fees will not be allowed without an executed and filed declaration that the representative will not share in the firm’s fees.

Where an attorney is the personal representative and a member of a law firm, attorney’s fees will not be allowed unless a declaration is executed and filed stating that the representative will not share in the attorney’s fees to be received by the firm.

CRITICAL

Applies to

Application for extraordinary compensation

An application for extraordinary compensation will not be considered unless the caption, petition prayer, and notice to distributees each reference it.

Extraordinary services will not be considered unless the caption, prayer of the petition, and notice to distributees all contain a reference to the application for extraordinary compensation.

CRITICAL

Applies to

Application for extraordinary services fees or commissions

Applications for extraordinary-service fees or commissions must include a detailed explanation, except as stated for routine real-property sales and federal estate-tax work.

Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include a detailed explanation of the extraordinary services.

CRITICAL

Applies to

Declaration

The explanation of extraordinary services must be separately stated in a declaration under penalty of perjury executed by the person who performed them.

The explanation shall be separately stated in a declaration under penalty of perjury executed by the person rendering the services.

CRITICAL

Applies to

Application for extraordinary services fees or commissions

An application for extraordinary-service fees or commissions must specify the amount requested for each service item rather than request only a reasonable amount.

Such application shall specify the amount requested for each item of service, not merely a “reasonable amount.”

CRITICAL

Applies to

Request for cost reimbursement

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

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

CRITICAL

Applies to

Temporary conservatorship or guardianship petition

A petition for a temporary conservator or guardian must state facts establishing the urgency and need for immediate protective action.

A petition for appointment of a temporary conservator or guardian filed pursuant to Probate Code section 2250 must state facts establishing the urgency requiring appointment of a fiduciary (i.e., situation requiring immediate action to protect the health, welfare, and/or estate of the proposed conservatee or ward).

CRITICAL

Applies to

Petition

A petition seeking special powers must specify them and support them with factual allegations; good cause is required for special powers to be granted without a hearing.

Good cause must be shown for special powers to be granted without a hearing. If special powers are sought, they must be specified in the petition and supported by factual allegations.

CRITICAL

Applies to

Petition

A petition seeking a special medically related power must be presented with a physician’s declaration.

In any case involving a special medically related power, a physician’s declaration shall be presented with the petition.

CRITICAL

Applies to

Petition

When filing the petition, the petitioner must provide the order appointing the court investigator and promptly notify the investigator of the appointment.

The petitioner shall provide the form of order for appointment of the court investigator at the time the petition is filed and shall promptly notify the investigator of the appointment.

CRITICAL

Applies to

Petition

The petitioner must provide the clerk with an additional copy of the petition and other required documents for the court-appointed investigator.

The petitioner is required to provide an additional copy of the petition and any other required documents to the clerk for use by the court-appointed investigator.

CRITICAL

Applies to

Request to excuse or waive investigation

A petitioner asserting that an investigation is unnecessary or should be waived must provide specific legal authority and supporting facts.

Where the petitioner asserts that an investigation is not required or should be waived by the Court, he or she shall present the specific legal authority for that assertion, as well as supporting facts.

CRITICAL

Applies to

Petition

A petition requesting independent powers must identify the requested powers and explain why they are needed.

If independent powers under Probate Code sections 2590 and 2591 are requested, the petition shall specify the powers requested and the reasons such powers are needed.

CRITICAL

Applies to

Petition

Independent-powers information in guardian or non-LPS conservator appointment petitions must follow the mandatory form instructions; in other situations it must be clearly stated in the petition body or an attachment.

Where the request is made as part of a petition for appointment of a guardian or non-LPS conservator, the petitioner shall follow the instructions for providing this information in the mandatory Judicial Council form petitions. (See Judicial Council forms GC-210 and GC-310.) In all other situations, including in LPS conservatorship proceedings, the petitioner shall present this information clearly in the body of or as an attachment to the petition, as appropriate.

CRITICAL

Applies to

Petition

A proposed conservatee with a developmental disability must be the subject of a limited-conservatorship petition, although the Court may determine from the investigation that a general conservatorship is appropriate.

If the proposed conservatee is a person with a developmental disability, as defined at Probate Code section 1420, a petition for limited conservatorship is mandatory. However, pursuant to Probate Code section 1828.5, subdivision (d), the Court may find, based on the results of the investigation, that a general conservatorship (as opposed to a limited conservatorship) is appropriate.

CRITICAL

Applies to

Ex parte application

Counsel must be appointed for a proposed limited conservatee, and an ex parte application and order may be submitted before the hearing to avoid delay.

Appointment of counsel for a proposed limited conservatee is mandatory. An ex parte application and order for appointment of counsel may be submitted prior to the hearing to avoid continuance or delay.

CRITICAL

Applies to

Application

An application requesting a public defender must state facts establishing that the proposed conservatee cannot afford private representation.

If a public defender is requested, the application must set forth facts establishing the proposed conservatee’s financial inability to obtain private representation.

CRITICAL

Applies to

Accounting

A notice of residence must be filed with every accounting, including a final accounting unless it is due to death, and whenever the conservatee’s or ward’s residence changes.

In every conservatorship and guardianship case, a notice of the conservatee’s or ward’s residence must be filed with all accountings, including the final accounting (unless the reason for the final accounting is the death of the conservatee or ward), and any time there is a change in residence.

CRITICAL

Applies to

Notice of residence

For a change of residence, the conservator or guardian must comply with the cited authorities and use the applicable mandatory Judicial Council forms.

For changes in residence, the conservator or guardian shall comply with Probate Code section 2352 and California Rules of Court, rule 7.1013 or 7.1063, as applicable, and use the appropriate mandatory Judicial Council forms.

CRITICAL

Applies to

Appointment hearing

A proposed conservatee who nominated someone or waived bond must establish capacity at the time of that action; an oral representation at the appointment hearing may suffice, but counsel’s statement that the conservatee is present and does not object does not.

A proposed conservatee who has made a nomination and/or waived the requirement of a bond must prove to the Court that he or she has or had the capacity to understand the nature and significance of such action(s) at the time of making the nomination and/or waiving the bond. This showing may be made by oral representation at the hearing on the appointment. A statement by counsel that the conservatee is present and does not object is not sufficient.

CRITICAL

Applies to

Inventory and appraisal

An inventory and appraisal must be filed in every conservatorship or guardianship of the estate, including when accounting relief is sought, and must state when the fiduciary holds no assets.

An inventory and appraisal shall be filed in all cases involving a conservatorship or guardianship of the estate, even where relief from the requirements of filing accountings may be sought under Probate Code section 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate.

CRITICAL

Applies to

Inventory and appraisal

An inventory and appraisal for an estate guardianship involving more than one minor must separately state each minor’s interests.

If a guardianship of the estate has been established for more than one minor, the interests of each minor must be separately stated in the inventory and appraisal.

CRITICAL

Applies to

Bond modification request

A request by a conservator or guardian to change the bond amount must include all information relevant to the bond calculation and present the calculation substantially in the stated form.

Any application, motion, petition, or request by a conservator or guardian to increase or reduce the bond amount pursuant to Probate Code section 2320 et seq. and, as applicable, California Rules of Court, rule 7.204 shall include all information relevant to the calculation of bond as set forth in these authorities and shall present the calculation in substantially the following form: Bond calculation Personal property $ Probable annual gross income Probable annual gross payments Cost of recovery + Total

CRITICAL

Applies to

Successor guardian petition

A successor-guardian appointment petition must use one of the Judicial Council-approved forms for initial guardianship petitions.

A petition to appoint a successor guardian shall be submitted on one of the same forms approved by the Judicial Council for initial guardianship petitions.

CRITICAL

Applies to

Ex parte petition and order

To notify the Court of an intended sale of a conservatee’s personal residence, the conservator must file an ex parte petition and order complying with Probate Code section 2540.

To notify the Court of an intention to sell a conservatee’s personal residence pursuant to Probate Code section 2540, subdivision (b), the conservator shall file an ex parte petition and order that fully complies with all requirements of that section.

CRITICAL

Applies to

Accounting or accompanying petition and report

The accounting or accompanying petition and report must state whether the conservatee or ward has the listed relationships, state-hospital history, or property interests triggering notice to the Veterans Administration.

For purposes of ensuring proper notice, the conservator, guardian, or trustee who prepares the accounting shall state in the accounting or accompanying petition and report whether the conservatee or ward (1) has a spouse or domestic partner, (2) is or has been during the conservatorship or guardianship proceedings a patient in or on leave from a state hospital, and (3) has, in his or her estate, money, revenue, profit, or property that entitles the Veterans Administration to notice.

CRITICAL

Applies to

Accounting

For a guardianship of the estate involving more than one minor, separate accounting schedules must make each minor’s receipts, disbursements, and assets readily ascertainable.

When a guardianship of the estate has been established for more than one minor, separate accounting schedules must be presented so that the receipts, disbursements, and assets pertaining to each minor’s estate are readily ascertainable.

CRITICAL

Applies to

Account statements

A professional fiduciary must file the account statements described in Probate Code section 2620(c)(2), lodge statements for other accounting periods, and the Court will return the lodged statements after approval.

Account Statements: Instead of filing all original account statements showing the balance for all periods covered by the accounting pursuant to Probate Code section 2620, subdivision (c)(3), a professional fiduciary shall file only the account statements described by subdivision (c)(2) and shall lodge the account statements for all other periods covered by the accounting. Once the accounting is approved, the Court will return the lodged account statements to the depositor.

CRITICAL

Applies to

Petition for waiver of accounting

A waiver-of-accounting petition may be heard ex parte subject to review of the latest investigator’s report, and must assert that the conservatee or minor over 14 was informed of the request and agreed or did not respond.

A petition for waiver of accounting may be heard ex parte, subject to the Court’s review of the most recent court investigator’s report. The petition must assert that the conservatee or minor over the age of 14 was informed in person or in writing of the conservator’s or guardian’s request for the waiver and that the conservatee or minor either agreed to the requested waiver or did not respond.

CRITICAL

Applies to

Order dispensing with accounting

An order dispensing with accounting must explicitly state when further account filings are unnecessary, and the petitioner must continue keeping accurate records for any accounts later required by statute.

If the conditions of Probate Code section 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code section 2628, subdivision (a) are no longer applicable. This condition must be set forth explicitly in the order. The petitioner must, nevertheless, continue to keep accurate records in order to prepare any accounts that may be required pursuant to Probate Code section 2628, subdivision (b) or (c).

CRITICAL

Applies to

Final discharge declaration and receipt

A guardian’s final discharge requires a separate declaration submitted with the former minor’s executed receipt, and the declaration must state the date the minor reached majority.

Discharge of a guardian will not be made in the order settling the final account. A separate declaration for final discharge must be submitted together with the receipt executed by the former minor. The declaration must show the date on which the minor reached the age of majority.

CRITICAL

Applies to

Petition and notice of hearing

The caption of the specified petition and its hearing notice must reference the request.

e. The caption of a petition including an application for the payment of fees and commissions, as well as the notice of hearing of such a petition, shall include a reference to the request.

CRITICAL

Applies to

Declaration

An attorney-fiduciary who belongs to a law firm must execute and file a declaration agreeing not to share in the firm's attorney’s fees for those fees to be allowed.

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

CRITICAL

Applies to

Motion

A motion for a real property bond must be submitted with the listed application, note, deed of trust, and current lot book guarantee.

The following documents must be submitted with the motion: a. Application for real property equity bond and declaration of property owner b. Signed promissory note c. Certified copy of the recorded deed of trust d. Current lot book guarantee (preliminary title report) concerning the property, prepared by a recognized California title company

CRITICAL

Applies to

Motion in limine

Motions in limine must be written, address a single subject, and be consecutively numbered.

7.05.0 Motions in Limine: All motions in limine shall be in writing. Each motion is limited to a single subject. Motions shall be consecutively numbered.

CRITICAL

Applies to

Motion in limine response

Responses to motions in limine must address the motion's subject and use corresponding numbers.

Responses shall address the subject of the motion and shall be numbered to correspond to the motions.

CRITICAL

Applies to

Motion

Each motion must include a supporting memorandum containing the facts, charged offenses, and relied-upon authorities, with specific citations for record references.

All motions shall be accompanied by a memorandum of supporting points and authorities that includes a description of the facts, a specification of the charged offenses, and the authorities relied upon. References to the record shall be supported by specific citations.

CRITICAL

Applies to

Memorandum

A memorandum longer than 10 pages must include a table of contents and a table of authorities.

A memorandum that exceeds ten (10) pages must include a table of contents and a table of authorities.

CRITICAL

Applies to

Memorandum

A memorandum longer than 15 pages must include an opening summary of the argument.

A memorandum that exceeds fifteen (15) pages must also include an opening summary of the argument.

CRITICAL

Applies to

Discovery motion

A noticed discovery motion must state the relevance and materiality of the requested information and explain why informal discovery was inadequate.

A noticed motion shall state the relevance and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

CRITICAL

Applies to

Court decision

If the Court finds no prima facie case, it need take no further action but must lodge its decision in the file, and that decision is final on the matter.

In that event, no further action is required by the Court; however, the Court shall lodge its decision in the file. This decision shall constitute a final decision on the matter.

CRITICAL

Applies to

Declaration

Notice to the Court must be filed by declaration.

Notice to the Court shall be by filing of a declaration.

CRITICAL

Applies to

Declaration

The declaration must describe the interest or right, identify the relevant agency or forum and its address if known, and describe the proceedings there.

The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.

CRITICAL

Applies to

Adoption finalization

An adoption may not be set for finalization hearing until the required parental consents are filed or parental rights are terminated and the appeal period has expired; termination is required when a living parent does not consent, even if that parent is unidentified or unlocated.

Adoptions may not be set for finalization hearing until all of the following steps have been completed: a. The written consent of both birth parents, if living, have been filed with the Court by the petitioner or by the adoption agency, or all birth parents’ rights have been terminated and the period for appeal of the order terminating parental rights has expired. Termination of parental rights is required prior to adoption finalization in every case in which a living parent does not consent to the adoption, even if the identity or location of the non-consenting parent is unknown.

CRITICAL

Applies to

Adoption finalization

Before an adoption may be set for finalization hearing, the agency’s recommendation report must be filed and a completed, signed VS 44 Court Report of Adoption form must be lodged in the file.

b. The adoption agency or investigating agency has filed with the Court its written report that recommends granting or denying the petition, and a completed and signed Court Report of Adoption form (California Department of Public Health, Office of Vital Records form VS 44) has been lodged in the file.

CRITICAL

Applies to

Adoption finalization

Before an adoption may be set for finalization hearing, petitioners must submit an unsigned adoption agreement and proposed adoption order to the clerk.

c. Petitioners have submitted to the clerk an unsigned adoption agreement and the proposed adoption order.

CRITICAL

Applies to

Order

An order allowing contact between a restrained person and their children must provide for a safe exchange and must not include language violating a criminal no-contact order.

Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language, either printed or handwritten, that violates a no-contact order issued by a criminal court.

CRITICAL

Applies to

Criminal protective order

A criminal protective order issued with knowledge of existing custody or visitation orders must indicate that contact and visitation follow the prior family or juvenile court orders.

After having knowledge of existing child custody and visitation orders, a criminal court issuing a protective order shall indicate on the order that contact and visitation between the restrained person and his or her children is pursuant to orders previously made by the family or juvenile court.

CRITICAL

Applies to

Child transfer order

A family or juvenile court must specify the times, days, places, and manner for transferring children, with safety as its paramount concern.

Safety of all parties shall be the Court’s paramount concern. The family or juvenile court shall specify the time(s), day(s), place(s), and manner of transfer of the child(ren) as provided in Family Code section 3100.

CRITICAL

Applies to

Written not guilty plea

A written not-guilty plea must use local form TUO-TRF-100.

Local form TUO-TRF-100, found in the appendix to these rules, shall be used when making the written not-guilty plea.

CRITICAL

Applies to

At issue memorandum civil

The approved At Issue Memorandum - Civil form is mandatory.

Civil TUO-CV-150 At Issue Memorandum - Civil Rev. March 1, 2017 Mandatory

CRITICAL

Applies to

Attachment to order after informal discovery conference

The approved Attachment to Order After Informal Discovery Conference form is mandatory.

Civil TUO-CV-350 Attachment to Order After Informal New July 1, 2017 Mandatory (a) Discovery Conference

CRITICAL

Applies to

Declaration re notice of request for temporary emergency court orders

The approved Declaration Re: Notice of Request for Temporary Emergency Court Orders form is mandatory.

Civil TUO-FL-200 Declaration Re: Notice of Request for Rev. March 1, 2017 Mandatory Temporary Emergency Court Orders

CRITICAL

Applies to

Delay reduction program information and setting

The approved Delay Reduction Program Information and Setting form is mandatory.

Civil TUO-CV-100 Delay Reduction Program Information Rev. March 1, 2017 Mandatory and Setting

CRITICAL

Applies to

Notice of termination of protective order in civil family clets

The approved Notice of Termination of Protective Order in Civil/Family (CLETS) form is mandatory.

Civil TUO-CV-150 Notice of Termination of Protective Order in Rev. March 1, 2017 Mandatory (a) Civil/Family (CLETS)

CRITICAL

Applies to

Opposition to request for informal discovery conference

The approved Opposition to Request for Informal Discovery Conference form is mandatory.

Civil TUO-CV-300 Opposition to Request for Informal Discovery Rev. July 1, 2018 Mandatory Conference

CRITICAL

Applies to

Order after informal discovery conference

The approved Order After Informal Discovery Conference form is mandatory.

Civil TUO-CV-350 Order After Informal Discovery Conference New July 1, 2017 Mandatory

CRITICAL

Applies to

Order on request for informal discovery conference

The approved Order on Request for Informal Discovery Conference form is mandatory.

Civil TUO-CV-325 Order on Request for Informal Discovery Rev. July 1, 2018 Mandatory Conference

CRITICAL

Applies to

Request for court reporter

The Request for Court Reporter (TUO-CS-150) is designated a mandatory local form.

Court TUO-CS-150 Request for Court Reporter Rev. Jan. 1, 2019 Mandatory

CRITICAL

Applies to

Request for preparation of transcript

The Request for Preparation of Transcript (TUO-CS-125) is designated a mandatory local form.

Court TUO-CS-125 Request for Preparation of Transcript Rev. July 11, 2017 Mandatory

CRITICAL

Applies to

Request for informal discovery conference

The Request for Informal Discovery Conference (TUO-CV-275) is designated a mandatory local form.

Civil TUO-CV-275 Request for Informal Discovery Conference Rev. July 1, 2018 Mandatory

CRITICAL

Applies to

Request to set default or uncontested matter for hearing

The Request to Set Default or Uncontested Matter for Hearing (TUO-CV-125) is designated a mandatory local form.

Civil TUO-CV-125 Request to Set Default or Rev. March 1, 2017 Mandatory

CRITICAL

Applies to

Spousal support questionnaire

The Spousal Support Questionnaire (TUO-CV-225) is designated a mandatory local form.

Civil TUO-CV-225 Spousal Support Questionnaire Rev. March 1, 2017 Mandatory

CRITICAL

Applies to

Standing case management order

The Standing Case Management Order for Cases Assigned to the Honorable Kevin M. Seibert (TUO-CV-250) is designated a mandatory local form.

Civil TUO-CV-250 Standing Case Management Order for Cases Assigned to the Honorable Kevin M. Seibert New July 1, 2017 Mandatory

CRITICAL

Applies to

Trial management orders

Trial Management Orders (TUO-CV-175) are designated a mandatory local form.

Civil TUO-CV-175 Trial Management Orders Rev. March 1, 2017 Mandatory

CRITICAL

Applies to

Trial setting conference statement

The Trial Setting Conference Statement (TUO-CV-200) is designated a mandatory local form.

Civil TUO-CV-200 Trial Setting Conference Statement Rev. March 1, 2017 Mandatory

WARNING

Applies to

Proposed jury instructions

Counsel may identify requested instructions by CACI number, but must submit those instructions fully prepared as required by California Rules of Court, rule 2.1055.

Counsel may make their requests by CACI number; however, those instructions shall be submitted fully prepared as set forth in California Rules of Court, rule 2.1055.

WARNING

Applies to

Request for order shortening time

Orders shortening time are strongly disfavored, and a request must make a very substantial showing of need.

Orders shortening time are strongly disfavored. Requests for such orders must be supported by a very substantial showing of a need.

WARNING

Applies to

Request for entry of judgment

For requests to enter a clerk’s or court judgment, including prove-ups, the Court’s policy is to require supporting evidence in writing unless law prohibits it.

In all cases of a request for entry of judgment, whether the request is for a clerk’s judgment or a court judgment or the matter is set for prove-up, it is the Court’s policy to require evidence in support thereof in written form, unless prohibited by law.

WARNING

Applies to

Default application

The Court’s policy is to require an evidentiary declaration from the plaintiff or the plaintiff’s agent in every default case.

It is the policy of this Court to require an evidentiary declaration from the plaintiff or plaintiff’s agent in all cases of default.

WARNING

Applies to

Petition for instructions

A petition for instructions is appropriate only when no other procedure is provided by statute.

5.17.0 Petition for Instructions: A petition for instructions is appropriate only when no other procedure is provided by statute.

WARNING

Applies to

Statutory compensation calculation

When accounting is waived, statutory compensation must be based on estate inventory values, plus receipts, and adjusted for gains or losses on sales.

Where the accounting is waived, the basis of the statutory compensation shall be the inventory values of the estate, plus receipts, plus or minus gains or losses on sales.

WARNING

Applies to

Application for extraordinary services fees or commissions

Time sheets must not be submitted with an application for extraordinary-service fees or commissions.

Time sheets shall not be submitted.

WARNING

Applies to

Application to exceed page limit

A party may seek permission to file a longer memorandum by ex parte application, with written notice to the other parties at least 24 hours before the memorandum is due and reasons explaining why the limit cannot be met.

A party may apply to the Court ex parte, but with written notice of the application to the other parties, at least twenty-four (24) hours before the memorandum of points and authorities is due, for permission to file a longer memorandum. The application shall state reasons why the argument cannot be made within the stated limit.

INFO

Applies to

Petition for approval of accounting

For an accounting, the residence notice requirement may be satisfied by stating the address in the accounting-approval petition or by using a separate notice attached to or filed concurrently with the accounting.

For accountings, this requirement may be satisfied by (1) including the conservatee’s or ward’s address in the body of the petition for approval of the accounting or (2) use of a separate notice of residence attached to or filed concurrently with the accounting.

INFO

Applies to

Complaint

A party in a juvenile court proceeding may lodge a written complaint with the Court about appointed counsel’s performance under California Rules of Court, rule 5.660(e).

Any party to a juvenile court proceeding may lodge a written complaint with the Court concerning the performance of his or her appointed counsel in a juvenile court proceeding, pursuant to California Rules of Court, rule 5.660, subdivision (e).

INFO

Applies to

Complaint

A social worker, caretaker, relative, or foster parent may lodge a complaint on a child’s behalf concerning appointed counsel for the minor.

In the case of a complaint concerning the performance of counsel appointed to represent a minor, the complaint may be lodged on the child’s behalf by a social worker, caretaker, relative, or foster parent.