Ventura Superior Court Document Filing Requirements

Applies to

Civil action or proceeding

A qualifying civil action or proceeding must be accompanied by the Civil Case Cover Sheet Addendum, Local Form VN278, signed by counsel for the plaintiff or the self-represented plaintiff.

In addition to the Civil Case Cover Sheet (Judicial Council Form CM-010) required by the California Rules of Court, a civil action or proceeding presented for filing must be accompanied by the Civil Case Cover Sheet Addendum (Local Form VN278) in all cases that comprise the Type of Action provided for in the Civil Case Cover Sheet Addendum and signed by counsel for plaintiff or the self-represented plaintiff.

Applies to

Ccrc orientation appointment sheet

The requesting party receives a CCRC/Orientation Appointment Sheet to serve with the moving papers, and all parties must complete a CCRC Intake Questionnaire.

At the time of filing, the requesting party will be given a CCRC/Orientation Appointment Sheet to be served on the responding party along with the moving papers. In addition, parties shall be required to complete a CCRC Intake Questionnaire.

Applies to

Preliminary interim financial declaration

At filing of any probate conservatorship petition, including a temporary conservatorship, or when ordered by the court, the petitioner must file form VN-262.

At the time of filing any type of petition for probate conservatorship (including temporary conservatorships) or upon order of the court, the petitioner shall complete and file local confidential court form VN-262 Preliminary/Interim Financial Declaration.

Applies to

Ancillary services ex parte application

An ex parte application for ancillary defense services must be supported by a declaration stating the required facts.

B. Ex parte applications shall be supported by a declaration, setting forth the following facts:

Applies to

Proposed order

Must include

proposed order

In every probate matter to be heard, counsel or a self-represented petitioner must lodge and serve a proposed form of order when the petition is filed and served.

1. Pre-Hearing Orders: In all matters to be heard by the court, counsel or self-represented petitioners shall prepare, lodge with the court and served a proposed form of order, at the same time the petition itself is filed and served.

Applies to

Compensation or additional services application

Must include

proposed order

Before additional compensation or services are performed, counsel must submit to the Criminal Clerk’s Office under seal an application, declaration, and proposed order establishing that the services are necessary for legally adequate defense.

Counsel must submit to the Criminal Clerk’s Office (Room 118) under seal, an application including a declaration before any such services are performed justifying that such services are “necessary” to enable counsel to render legally adequate defense services along with a proposed order.

Applies to

Stipulation to mediator and mediation date

The required Stipulation to Mediator and Mediation Date for an assigned mediator must identify the assigned mediator and selected mediation date.

Within fifteen (15) days of receipt of the “Notice of Assignment of Mediator” local form (VN-271), the plaintiff shall file the “Stipulation to Mediator and Mediation Date” local form (VN-272) that includes the assigned mediator and the selected mediation date.

Applies to

Extension application

Must include

proposed order

An application to extend a procedure or deadline must include a proposed order.

No procedure or deadline established by these rules may be waived or extended by stipulation or agreement of the parties, except as permitted by Government Code §68616, unless approved by the court, upon written application and submission of proposed order and a showing of good cause.

Applies to

Mediation statement

A short mediation statement must state the nature of the case and causes of action, the factual and legal issues to resolve, the parties’ mediation objectives, and other helpful dispute-resolution information, including case valuations when appropriate.

No later than five (5) days before the date set for mediation, each party shall serve on the mediator and all counsel and/or self- represented litigants, a short mediation statement which shall set forth: (1) the nature of the case and causes of action, (2) the factual and legal issues to be resolved, (3) the parties’ objectives at mediation, and (4) other information that may be helpful in resolving the dispute, including case valuations, if appropriate.

Applies to

Notice of settlement of entire case

Upon settlement, the plaintiff must file Judicial Council form CM-200 as the Notice of Settlement of Entire Case.

If the case settles, the plaintiff must immediately file a “Notice of Settlement of Entire Case” form (Judicial Council CM-200).

Applies to

Elisor application

An application for appointment of an elisor must be filed as a Notice of Motion, Order to Show Cause, or Request for Order.

B. An application for appointment of an elisor shall be made by filing an appropriate pleading (Notice of Motion, Order to Show Cause or Request for Order).

Applies to

Elisor application and proposed order

Must include

proposed order

An elisor application and proposed order must designate the Ventura Superior Court Clerk or Clerk’s Designee, identify the parties involved, and state the capacity in which the elisor will sign.

When applying for an appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Ventura or the Clerk’s Designee” as the elisor and specifically name the party(ies) for whom the elisor is being appointed and in what capacity the elisor is being asked to sign the document(s).

Applies to

Elisor application and proposed order

An elisor application and order may not identify a specific court employee as the elisor.

The application and order must not set forth a specific court employee.

Applies to

Domestic relations forms

Domestic relations cases must use the applicable mandatory and optional Judicial Council forms.

In domestic relations cases, mandatory and optional Judicial Council forms shall be used.

Applies to

Domestic relations forms

Must include

certificate of service

The original domestic relations Judicial Council forms must be filed with proof of service before the scheduled hearing.

The original thereof shall be filed together with proof of service prior to the date and time set for hearing.

Applies to

Complaint in intervention

An original complaint-in-intervention must accompany the leave application and, after leave is granted, be separately filed forthwith and no later than 10 days after the order.

An original complaint-in- intervention shall be submitted along with the application for leave of court. Upon granting of the order regarding leave to file, the complaint-in-intervention shall be separately filed forthwith with the Clerk’s Office, and in no event later than ten (10) days from the issuance of the order granting leave.

Applies to

Automobile deficiency judgment

An automobile deficiency judgment will not be granted or submitted for approval without a completed and filed Declaration in Support of Deficiency Judgment.

Automobile deficiency judgments will not be granted nor submitted to a judge for approval unless a “Declaration in Support of Deficiency Judgment” has been completed and filed under Code of Civil Procedure § 585(d).

Applies to

Complaint

Must include

caption

The title of a civil action must include all party names except as otherwise provided by law.

The title of a civil action shall include the names of all the parties except as provided by law.

Applies to

Pleading

A plaintiff or petitioner may use a pseudonym in a pleading only when permitted by court order or authorized by statute or court rule without an order.

A plaintiff or petitioner shall not be identified in a pleading by a pseudonym unless the use of a pseudonym is permitted by court order or the use of a pseudonym without a court order is authorized by statute or rule of court.

Applies to

Complaint or petition

A plaintiff or petitioner seeking to use a pseudonym must either file an ex parte leave application when the complaint or petition is filed or conspicuously identify the authorizing statute or court rule in the caption.

A plaintiff or petitioner who wishes to proceed under a pseudonym shall: 1. At the time the complaint or petition is filed, file an ex parte application for an order granting leave to proceed by pseudonym in lieu of the party’s true name; or 2. Conspicuously state in the caption of the complaint or petition the statute or rule of court permitting the use of a pseudonym without a court order.

Applies to

Ex parte pseudonym application

Must include

proposed order

When no authorizing statute or rule supplies the pseudonym procedure, the party must file an ex parte application and lodge a proposed order with the complaint or petition.

In all other instances, the party shall, at the time the complaint or petition is filed, file an ex parte application and lodge a proposed order.

Applies to

Ex parte pseudonym application

A pseudonym application must be supported by one or more personal-knowledge declarations demonstrating a privacy interest that outweighs the public’s access rights.

The application must be supported by one or more declarations based on personal knowledge stating facts and circumstances demonstrating a privacy interest in preserving the party’s anonymity that overrides the public’s right of access to court proceedings.

Applies to

Responsive pleading

A responsive pleading may use the responding party’s correct name but must also state the incorrect name used in the initiating pleading using the prescribed “erroneously sued as” language.

If a defendant, cross-defendant or respondent is identified by an incorrect name in a pleading, the defendant, cross-defendant or respondent may respond to the pleading using his/her/entity’s correct name but shall also include the name by which that defendant, cross- defendant or respondent was erroneously sued by including the words “erroneously sued as [name used by the plaintiff/cross- complainant/petitioner]” after the responding party’s name in the responsive pleading.

Applies to

Request to postpone trial

Must include

proposed order

A Small Claims Trial De Novo continuance request requires both Judicial Council forms at least ten days before trial and the appropriate filing fee.

The requesting party must complete Judicial Council Forms “Request to Postpone Trial” (SC-150) and “Order on Request to Postpone Trial” (SC-152) at least ten (10) days before the trial date and pay the appropriate filing fee (see current fee schedule).

Applies to

Joint request for idc

A joint IDC request must contain specified factual information about the discovery dispute, resolution efforts, timing, any tolling agreement, and any nonjoining parties.

A request for IDC shall contain the following information in specific factual detail:

Applies to

Joint witness list

Counsel for all sides must agree on one combined list of witnesses who may be called at trial.

Counsel for all sides shall agree on a single combined list of witnesses who may be called in the trial.

Applies to

Jury verdict form

All counsel must agree to the jury verdict form, which must be lodged with the trial-department clerk before the plaintiff rests.

Additionally, jury verdict forms shall be agreed upon by all counsel and lodged with the clerk of the trial department before the plaintiff rests.

Applies to

In limine motion

Must include

proposed order

Every in limine motion must include a proposed order.

Each motion shall be accompanied by a proposed order.

Applies to

Ex parte application

Every ex parte application must include the VN-028 declaration or another declaration specifying notice details, requested relief, hearing information, or exceptional circumstances excusing notice.

All ex parte applications shall be accompanied by a Declaration Re Ex-Parte Notice (VN-028) or by other declaration which states with specificity the name of the party noticed, the manner in which notice was given, the relief being sought and the date, time and location of the hearing or a declaration as to the exceptional circumstances why notice was not given.

Applies to

Ex parte declaration

Declarations supporting requests for ex parte orders must contain supporting facts.

Declarations must contain facts to support requests for ex parte orders.

Applies to

Ex parte declaration

Ex parte declarations must contain sufficient facts within the declarant’s personal knowledge to support the requested relief.

All declarations shall contain sufficient factual information within the personal knowledge of the declarant to adequately support the relief requested.

Applies to

Ex parte declaration

An ex parte application must include facts showing why the matter should be handled ex parte rather than on the law and motion calendar.

The declarations shall contain facts that demonstrate why the matter is appropriately handled as an ex parte matter, as opposed to being heard on the court's law and motion calendar (with or without an order shortening time).

Applies to

Ex parte application

An ex parte application must disclose whether the requested order will change the status quo.

There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of the status quo.

Applies to

Temporary restraining order

Requests for domestic violence temporary restraining orders must use the current Judicial Council forms, including DV-100 and DV-110 as applicable.

When seeking TRO’S, the current forms adopted by the Judicial Council shall be used. These forms are the specialized Domestic Violence Forms including DV-100, DV-110 and other applicable Domestic Violence forms.

Applies to

Ex parte residence exclusion order

An ex parte residence exclusion order requires a clear showing of assault or threats and resulting potential physical or emotional harm.

Ex Parte Residence Exclusion Orders will not be issued unless there is a clear showing of assault against or threats to assault the party seeking protection, a person under the control of the party seeking protection, or of a minor child of the parties or party, and that physical or emotional harm would otherwise result.

Applies to

Ex parte residence exclusion order

A residence exclusion application must detail the most recent assault or threats and related facts, including the date of each occurrence.

This showing shall include a full description, in detail, of the most recent instance(s) of actual assault or threats to assault, disposition toward violence, intoxication or use of drugs or other such facts, and shall specify the date of each occurrence.

Applies to

Stay away order

A stay-away request must identify the restrained party’s residence status and move date and explain any conflict caused by shared workplaces or school access.

Requests for orders requiring a party to stay away from the other party’s residence, place of business, or child’s school, shall indicate whether the party to be restrained is residing in the residence or has moved and the date he or she moved, and whether the order requested would be problematic due to the fact that both parties work at the same place or have good cause to go to the child’s school.

Applies to

Custody or visitation declaration

Custody or visitation modification requests must be supported by declarations establishing the existing order, current arrangement, requested relief, immediate harm or irreparable injury, and status of any CPS or law-enforcement referral.

A party requesting an order establishing or modifying custody or visitation shall, by declarations, establish the following: (1) the provisions of any existing order; (2) the actual current custody arrangement; (3) the requested relief; (4) the immediate harm or irreparable injury; and (5) the status of any referral to Child Protective Services or law enforcement.

Applies to

Temporary restraining order

Specified civil harassment, workplace violence, elder or dependent adult abuse, school violence, transitional housing misconduct, and gun violence prevention TRO requests must use current Judicial Council forms and include a detailed declaration of the conduct, dates, acts, words, and injuries.

When seeking Civil Harassment, Workplace Violence, Elder and Dependent Adult Abuse, Post-secondary School Violence and Transitional Housing Misconduct and Gun Violence Prevention Temporary Restraining Orders, the current forms adopted by the Judicial Council shall be used. A declaration in support of the TRO shall be included setting forth with specificity, the harassing conduct including dates, specific acts and words and any injuries suffered by the requesting party.

Applies to

Income expense declaration

Must include

caption

Each party must file an Income and Expense Declaration with the moving or responsive papers when support or attorneys’ fees are at issue.

An Income and Expense Declaration must be filed by each party with either the moving or responsive papers when support or attorneys fees are at issue.

Applies to

Income expense declaration

Must include

caption

If a previously filed Income and Expense Declaration is claimed to be current and relied upon, a copy must be attached to the moving or opposing papers.

If a previously filed Income and Expense Declaration is alleged to be current and is to be relied upon, a copy must be attached to the moving or opposing papers.

Applies to

Income and expense declaration

Must include

page count

Each party must attach the last two months’ pay stubs, or a qualifying current year-to-date stub, to the Income and Expense Declaration and may redact Social Security numbers.

Each party shall affix to his or her Income and Expense Declaration copies of his or her last two months’ pay stubs, or the most current paycheck stub if it includes the year-to-date gross earnings. If a Social Security number appears on the stub, the party may black out or otherwise redact the number from the stub.

Applies to

Financial disclosure documents

At a support, fees, or costs hearing, each party must make certain financial documents available for the other party’s inspection on request, but must not file them and this production does not limit discovery.

At the time of hearing on any matter seeking child, spousal or partner support, or attorney fees and costs, each party shall have available the following documents to the extent that they are in the possession or control of that party, and allow inspection by the other party upon request. These documents shall not be filed with the court and shall not in any way limit discovery.

Applies to

Wage earner or unemployed financial documents

A wage earner or unemployed party must have available the most recent individual federal tax return and all unattached W-2 and 1099 forms reflecting the preceding 12 months’ income.

If the party is a wage earner or unemployed (a) Copies of the most recently filed individual federal income tax return, including all schedules; (b) Copies of all W-2 and 1099 forms reflecting income received during the last twelve (12) months if not attached to individual tax returns.

Applies to

Self employed or business owner financial documents

A self-employed party or a party owning at least 30% of a business entity must have available specified tax, income, profit-and-loss, and balance-sheet documents for the stated periods.

If the party is self-employed or holds a 30% or more interest in any business entity (a) Copies of the most recently filed individual federal income tax returns, partnership, corporate, or any other business entity returns including all schedules; (b) Copies of all W-2 and 1099 forms reflecting income received by the party or the business entity during the last 12 months but not attached to individual tax returns; (c) Copies of all periodic profit and loss statements and balance sheets prepared in the ordinary course of business either for the individual or for the business entity for the last twelve months.

Applies to

Mandatory settlement conference filing

At least five court days before the Mandatory Settlement Conference, parties must complete and file the applicable FL-141, financial statement, and Joint Mandatory Settlement Conference Statement.

All parties must complete and file the following five (5) court days before the Mandatory Settlement Conference: (a) Declaration re Final Declaration of Disclosure (FL-141) (Dissolution or Legal Separation only) (b) Current Income and Expense documents (FL-150) or Financial Statement Simplified (FL-155), if support, fees, or costs are requested. (c) Joint Mandatory Settlement Conference Statement (VN-219) with:

Applies to

Joint mandatory settlement conference statement

Must include

statement of facts

The Joint Mandatory Settlement Conference Statement must include a Property Declaration and Propertizer or equivalent spreadsheet, with each party permitted to prepare its own attachment if agreement is impossible.

(1) Property Attachments: A Property Declaration (FL-160), a Propertizer™ or other equivalent spreadsheet must be attached to the Joint Mandatory Settlement Conference Statement. If the parties are unable to agree on the contents of the attachments, each party may complete and attach the required document.

Applies to

Joint mandatory settlement conference statement

Each party must attach a concise statement of its legal and factual positions on every disputed issue.

(2) Disputed Issues: Each party must attach a concise statement of legal and factual positions on all disputed issues.

Applies to

Proposed witness statement

The parties must exchange and file a separate proposed-witness statement identifying case-in-chief witnesses, their testimony, and direct-examination time estimates.

(3) Proposed Witnesses: The parties must exchange and file a brief statement identifying all witnesses to be called in their case in chief, what each witness will testify to, and a time estimate of the direct examination of each witness. This statement is separate from any witness list required for trial.

Applies to

Request to enter default

Must include

caption, case number

A default request must include a completed FL-150 or FL-155 when support, fees, or costs are sought and an FL-160 when property or debt division is sought.

If child support, spousal support, partner support, costs or attorney fees are requested, a fully completed Income and Expense Declaration (FL-150) or Financial Statement, Simplified (FL-155) is required. If an order for division of property of debts is requested, a Property Declaration (FL-160) is required.

Applies to

Request to enter default

Must include

certificate of service, local rule certificate

Before or with a Request to Enter Default, parties must submit proof of service of the Summons, an FL-141 for preliminary disclosure service, and an FL-141 for final disclosure service or an authorized waiver, subject to the stated Uniform Parentage Action exceptions.

(b) Proof of service of Summons. (c) Declaration re: Service of Preliminary Declaration of Disclosure (FL-141) (not applicable to Uniform Parentage Actions). (d) Declaration re: Service of Final Declaration of Disclosure (FL-141) or waiver of this requirement as provided in subdivision (d) of §2105 or in §2100 of the Family Code (not applicable in Uniform Parentage Actions). Local form VN-131 may be used to satisfy the waiver requirement.

Applies to

Proposed judgment

Must include

proposed order

At the assigned courtroom, counsel or self-represented parties must give the judicial assistant the original proposed judgment and any marital settlement agreement, completed except for support or attorney-fee amounts the court may address at the hearing.

On reporting to the courtroom to which a default matter has been assigned, counsel or parties representing themselves shall provide the original of the proposed judgment, including any marital settlement agreement, to the judicial assistant in the courtroom. The judgment shall be completed in full, with the exception of any child, spousal or partner support, or attorney fees, which may be addressed by the court at the hearing.

Applies to

Default matter without hearing

Must include

proposed order

A default matter processed without hearing requires the previously listed documents, the applicable default declaration, a completed judgment with the required signed settlement agreement or forms, and a Notice of Entry of Judgment with two postage-ready envelopes.

The following documents are required for default matters without hearing: (a) All of the documents listed in B-1 above. (b) A Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) for Uniform Parentage Actions. (c) Judgment (FL-180) or (FL-250 Uniform Parentage Action) with either a Settlement Agreement signed by both parties with the Respondent’s signature notarized or the appropriate Judicial Council forms attached. (d) Notice of Entry of Judgment (FL-190) with 2 envelopes with sufficient postage addressed to the parties or their attorney of record.

Applies to

Uncontested matter

Must include

local rule certificate

Uncontested matters require each party’s preliminary-disclosure service declaration, each party’s final-disclosure service declaration or a jointly executed waiver, and a jointly executed declaration that the matter may be treated as uncontested or the applicable FL-130.

The following documents are required for uncontested matters: (a) Declaration re: Service of Preliminary Declaration of Disclosure (FL-141) filed by each party (not applicable to Uniform Parentage Actions). (b) Declaration re: Service of Final Declaration of Disclosure (FL-141) from each party or waiver of this requirement executed by both parties as provided in subdivision (d) of §2105 of the Family Code (not applicable to Uniform Parentage Actions). (c) A separate written declaration executed by both parties that the matter may be treated on an uncontested basis or an Appearance, Stipulations & Waivers (FL-130).

Applies to

Uncontested matter

Must include

proposed order

Uncontested matters also require the applicable default or uncontested declaration, the appropriate judgment with attached executed agreement or stipulations, and a Notice of Entry of Judgment with stamped envelopes for the parties or their attorney.

(d) A Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) for Uniform Parentage Actions. (e) Judgment (FL-180) with a Marital Settlement Agreement or Stipulated Judgment signed by both parties attached or Judgment (FL- 250) with Agreement or Stipulations attached for Uniform Parentage Actions. (f) Notice of Entry of Judgment (FL-190) with stamped envelopes addressed to the parties or their attorney of record.

Applies to

Default or uncontested matter

Public-assistance status must be disclosed on the applicable default or uncontested declaration, and the local child support agency must sign the proposed judgment when a party receives public assistance.

If any party is receiving public assistance, that information shall be disclosed on the Declaration for Default or Uncontested Dissolution/Legal Separation (FL-170) or Declaration for Default or Uncontested Judgment (FL-230) and the local child support agency shall sign the proposed Judgment.

Applies to

Ccrc mediation

A recommending counselor must not participate without full disclosure and written consent when a current or prior attorney-client, psychotherapist-patient, or business relationship exists with a party, counsel, or witness.

Absent full disclosure and written consent, a RC shall not participate in the mediation process if an attorney-client or psychotherapist-patient relationship or any business relationship exists or existed between the mediator and any party, counsel or witness.

Applies to

Ccrc intake questionnaire

All parties must complete a CCRC Intake Questionnaire.

In addition, parties shall be required to complete a CCRC Intake Questionnaire.

Applies to

Private ccrc stipulation

Parties electing private CCRC must enter a written stipulation using the mandatory "Stipulation and Order for Private CCRC" form.

Should the parties elect to participate in private CCRC, they shall enter into a written stipulation. The form "Stipulation and Order for Private CCRC" shall be mandatory and may be obtained in the office of the Clerk of the Ventura Superior Court.

Applies to

Application to change living situation

An application to change a child's living situation before the full hearing must state the identified background, proposed arrangement, supporting circumstances, reasons, and other relevant information.

Any application to change the child's living situation prior to full hearing shall include the following: (a) the current court order, if any. (b) the current child-sharing schedule or agreement, if any. (c) any change in the child's place of residence in the past 120 days and the circumstances surrounding these changes. (d) what time sharing program is proposed. (e) the reasons for any proposed changes in the child's living situation. (f) any other relevant information.

Applies to

Declaration of supervised visitation and exchange services provider nonprofessional

Before serving as a visitation supervisor, a nonprofessional provider must complete and file Form FL-324(NP) with the Family Law Clerk's Office.

Before serving as a visitation supervisor, nonprofessional supervised visitation providers must complete and file the Declaration of Supervised Visitation and Exchange Services Provider (Nonprofessional) (Judicial Council Form FL-324(NP)) with the Family Law Clerk’s Office.

Applies to

Declaration of supervised visitation and exchange services provider professional

Before serving as a visitation supervisor, a professional provider must complete and file Form FL-324(P) with the Family Law Clerk's Office.

Before serving as a visitation supervisor, professional supervised visitation providers must complete and file the Declaration of Supervised Visitation and Exchange Services Provider (Professional) (Judicial Council Form FL- 324(P)) with the Family Law Clerk’s Office.

Applies to

Updated declaration of supervised visitation and exchange services provider professional

A professional supervised visitation provider must file an updated FL-324(P) whenever a report is submitted to the court.

In addition, professional providers are required to complete and file an updated FL-324(P) each time a report is submitted to the court.

Applies to

Request for inclusion on professional supervised visitation provider list

A professional provider seeking inclusion on the court's list must sign Form FL-324(P) and submit an unconformed copy to Family Court Services at the stated address.

Any professional supervised visitation provider requesting to be included on the list must complete and sign the Judicial Council Declaration of Supervised Visitation and Exchange Services Provider (Professional) (Judicial Council Form FL- 324(P)). and submit an unconformed copy to the Ventura Superior Court Family Court Services Department located at the Hall of Justice, 800 South Victoria Avenue, Room 307, Ventura, CA 93009.

Applies to

Custody declaration parental rights termination or consent not necessary petition

A custody-declaration, parental-rights-termination, or consent-not-necessary petition must be filed under a new case number separate from the adoption case.

A petition to declare a child free from parental custody and control, (Family Code §7800 et seq. and Probate Code §1516.5), a petition to terminate parental rights, (Family Code §7662) and a petition to find a parent’s consent is not necessary, (Family Code §8604) must be filed under a new case number, separate from the case number for the adoption petition.

Applies to

Custody declaration or parental rights termination petition

Must include

caption

A custody-declaration or parental-rights-termination petition must state its statutory grounds in the caption or include Local Form VN-239; otherwise, the clerk will reject it for filing.

Any petition filed to declare a child free from parental custody and control and/or terminate parental rights must state in the caption the statutory grounds for the petition or alternatively, the petitioner may file Ventura Superior Court Local Form VN-239 “Statement of Legal Grounds for Petition to Terminate Parental Rights.” Failure to either state the statutory grounds in the caption of the petition or to file VN-239 will result in the petition being rejected for filing.

Applies to

Custody declaration or parental rights termination petition

Must include

proposed order

A petition declaring a child free from custody or terminating parental rights must be accompanied by proposed Local Form VN268 directing the Human Services Agency to investigate and report a recommendation.

Upon the filing of a petition to declare a child free from parental custody and control under Family Code §7800 et seq. or a petition to terminate parental rights under Probate Code §1516.5, the petitioner shall also submit to the court a proposed order (Local Form VN268) ordering the Ventura County Human Services Agency to conduct an investigation and report to the Court its recommendation as required pursuant to Family Code §7851.

Applies to

Conformed copy of court order

Before the final adoption hearing is scheduled, the petitioner must lodge a conformed copy of the specified court order.

In any adoption case where a court has made an order finding the child free from parental custody and control, terminating parental rights, or finding a parent’s consent is not necessary, the petitioner(s) must lodge a conformed copy of the court’s order prior to the scheduling of the final adoption hearing.

Applies to

Petition finding birth parents consent unnecessary

A petition seeking a determination that a birth parent's consent is unnecessary must be the first document in a new case file assigned a case number beginning with “T,” not in the adoption file.

The petition shall be filed as the first document in a new case file and shall be assigned a case number beginning with the letter “T”. The petition shall not be filed in the adoption file.

Applies to

Petition finding birth parents consent unnecessary

The petition must state its grounds and requested relief and must be verified.

The petition shall state the grounds upon which the petition is based and shall state the relief sought. The petition shall be verified.

Applies to

Adoption appearance waiver application

Must include

proposed order

A request to waive personal appearance must be submitted by ex parte application with admissible supporting evidence and a proposed order.

C. A party seeking a waiver of personal appearance shall submit to the court an ex parte application for an order waiving her/his personal appearance, admissible evidence to support that request, and a proposed order.

Applies to

Petition

Must include

caption

Except for Judicial Council legal forms, each probate petition must cite on its first page, in brackets immediately below the caption, the code sections authorizing the pleading.

A. CODE CITATIONS. Except for those filing using Judicial Council legal forms, all petitions filed in each case shall cite on the first page, in brackets immediately below the caption, the code section(s) pursuant to which the pleading is brought.

Applies to

Lost will order

Must include

proposed order

An order probating a lost will must use the Judicial Council “Order for Probate” form and include an attachment stating the lost will or codicil terms.

(a) Order for Probate of Lost Will. The Judicial Council form “Order for Probate” must be used for an order probating a lost will with an attachment setting forth the terms of the lost will and/or codicil.

Applies to

Real property order

An order affecting real property must include the property’s legal description, street address if applicable, and Assessor’s Parcel Number.

(b) Order Involving Real Property. An order affecting real property must include a legal description of the real property, the street address (if applicable), and the Assessor’s Parcel Number (“APN”)

Applies to

Future report or accounting order

An order followed by a future report or accounting must include blank spaces for the future filing deadline, hearing details, and department.

(c) Order Relating to Future Report or Accounting. An order which will be followed by a future report or accounting shall include blank spaces in which the court will fill in the future dates, such as: The Account and/or Report shall be filed on or before , with a hearing set for at am in Department_____.

Applies to

Post hearing court requested document

A post-hearing electronic submission must state on its face that an electronic copy was delivered to all counsel of record and qualifying self-represented litigants.

Any such post-hearing electronic submission shall show upon its face an electronic copy delivered to all counsel of record and to all self-represented litigants who have formally appeared or requested special notice.

Applies to

Nunc pro tunc application

A nunc pro tunc application must contain prescribed language identifying the order, erroneous language, and complete corrected language.

The application for a nunc pro tunc order must include the following: “Upon the consideration of the application of , to correct a clerical error, the “(identify the order to be corrected, giving the title and date thereof) is corrected, by striking the following (set forth the portion to be corrected) and by inserting in lieu thereof the following (set forth the corrected language)”.

Applies to

Ex parte motion evidence

A moving party may not provide live testimony or offers of proof for a probate ex parte matter; all evidence must be written and submitted under penalty of perjury.

2. The court will not receive live testimony or offers of proof from the moving party. All evidence from the moving party must be in writing and under penalty of perjury.

Applies to

Ex parte motion

A probate ex parte order requires an underlying petition filed or filed contemporaneously and supporting documentation under penalty of perjury.

4. An ex parte order will not be granted unless (1) an underlying petition has been filed or will be contemporaneously filed; and (2) the relief sought is supported by documentation under penalty of perjury.

Applies to

Blocked account release petition

A blocked-account release may proceed ex parte without notice or appearance if the petition states the required estate, bond, release, and use information, and any uncovered amount is restricted to the stated purposes in the order.

5. As an exception to the above policies, funds may be ordered released from blocked accounts by ex parte petition without notice and without appearance, provided that the following information is included in the petition: (a) Overall size of the estate; (b) Amount not in a blocked account; (c) Amount of the bond; (d) Amount of the release requested; and (e) Itemized use of the amount to be released; (f) If any portion of the amount to be released is not covered by bond, the order must include a provision directing that the amount is to be expended only for the purposes stated.

Applies to

Ex parte petition

A probate ex parte application, petition, or motion must allege that special notice was given, was not requested, or was waived in writing under California Rules of Court rule 7.55.

6. Special Notice – The ex parte application, petition or motion must include an allegation that special notice has been given, has not been requested, or a written waiver of special notice has been filed as required by California Rules of Court, rule 7.55.

Applies to

Guardianship letters

Before Letters issue, guardians of a minor's person and estate must file Judicial Council Form GC-248 acknowledging receipt of their duties and responsibilities.

Prior to issuance of Letters, Guardians of the person of a minor and of the Estate are required to file with the clerk an acknowledgment of receipt of the duties and responsibilities of their office. (Judicial Council Form GC-248.)

Applies to

Temporary guardianship petition

A petitioner seeking an ex parte temporary-guardianship order must file the appropriate GC-110(P) or GC-110 petition and all listed supporting documents to comply with California Rules of Court rule 7.1012.

To comply with California Rules of Court, rule 7.1012 a petitioner (the party seeking the guardianship) must file a Petition for Appointment of Temporary Guardian of the Person (GC-110(P)) or a Petition for Appointment of a Temporary Guardian of the Person and/or Estate (GC-110) and all supporting documents, which are listed in subsection 5 below.

Applies to

Guardianship petition

A proposed guardian must submit the UCCJEA declaration and Guardianship Questionnaire when filing the guardianship petition.

Proposed guardians shall submit a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), pursuant to Probate Code §§1510(f), 1512, and a "Guardianship Questionnaire", pursuant to Probate Code §1513, at the time the petition for guardianship is filed.

Applies to

Guardianship questionnaire

A birth certificate, custody order, or declaration of a person present at birth must be attached to the Guardianship Questionnaire.

A copy of a birth certificate, custody order or declaration of a person present at birth, shall be attached to the questionnaire.

Applies to

Temporary guardianship petition

A petitioner not using the recommended local form must include the information required by California Rules of Court rule 7.1012(e) in the temporary-guardianship petition.

Otherwise, petitioner must include the information required by California Rules of Court, rule 7.1012(e) in the Petition.

Applies to

Temporary guardianship separate writing

A petitioner using GC-110(P) without the recommended local form must prepare a separate writing containing the information required by California Rules of Court rule 7.1012(e).

Otherwise, the petitioner must prepare a separate writing that includes the information required by California Rules of Court, rule 7.1012(e).

Applies to

Ex parte guardianship application

A petitioner requesting an ex parte guardianship hearing must submit VN-234 or a writing explaining the good-cause exception and VN-028, while proposed order form VN-235 is optional.

5. A petitioner must complete and submit the following forms to the clerk’s office when requesting an ex parte hearing: (a) Ex Parte Forms: i. Application for Ex Parte Hearing On Petition for Temporary Guardianship; Order (VN-234) (recommended as set out in subsection 2 above) or a separate writing that includes the reasons for the request for good cause exception. ii. Declaration re Ex Parte notice (VN-028). iii. Proposed Order: (Optional Form VN-235).

Applies to

Temporary guardianship petition

The listed temporary guardianship forms are the petitions for appointment, order, letters, consent, and notice of hearing, with the specified form numbers.

(b) Temporary Guardianship Forms: i. Petition for Appointment of Temporary Guardian of the Person (GC-110 (P)) or Petition for Appointment of Temporary Guardian of the Person and/or Estate (GC-110). ii. Order Appointing Temporary Guardian (GC-140) iii. Letters of Temporary Guardianship (GC-150) iv. Consent of Guardian, Nomination and Waiver of Notice (GC-211) v. Notice of Hearing (on Petition for Appointment of Temporary Guardian) (GC-020)

Applies to

Guardianship petition

The general guardianship forms are the listed petition, attachments, declarations, orders, letters, duties, screening, authorization, questionnaire, releases, consent, and hearing notice.

(c) General Guardianship Forms: i. Petition for Appointment of Guardian (GC-210 (P)) or (GC-210) ii. Child Information Attachment (GC-210 (CA)) iii. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120) iv. Order Appointing Guardian of Minor (GC-240) v. Letters of Guardianship (GC- 250) vi. Duties of Guardian (GC-248) vii. Confidential Guardian Screening Form (GC-212) viii. Information Release Authorization (VN-043) ix. Guardianship Questionnaire (VN-042) x. Release of School Information (VN-133) xi. Release of Medical Information (VN-132) xii. Consent of Guardian, Nomination and Waiver of Notice (GC-211) xiii. Notice of Hearing (on Petition for Appointment of Guardian) (GC-020).

Applies to

Confidential guardianship status report

When directed by the court, the guardian of a minor's person must file Judicial Council Form GC-251.

If directed by the court, a guardian of the person of a minor must file a Confidential Guardianship Status Report (Judicial Council Form GC-251).

Applies to

Restraining order petition

A guardian or prospective guardian seeking a listed restraining order must file a separate petition in the Family Law Court rather than the guardianship proceeding.

A guardian or petitioning prospective guardian, requesting any type of restraining order listed in Ventura County Superior Court Local Rule. 9.01, must separately file a petition with the Family Law Court, and not in the Guardianship proceeding.

Applies to

Special immigrant juvenile findings petition

Must include

proposed order

A filed GC-220 petition must be accompanied by a completed GC-224 proposed order.

A Petition for Special Immigrant Juvenile Findings (GC-220) (Petition) filed with the court must be accompanied by the completed proposed order on Judicial Council form Special Immigrant Juvenile Findings (GC-224).

Applies to

Conservator appointment requirements

Before Letters of Conservatorship issue, an individual conservator must obtain the handbook, view the video, and file forms GC-348 and VN-182 with the clerk.

Prior to Letters of Conservatorship being issued, individual conservators shall obtain the "Handbook for Conservators", view the video "Understanding Conservatorships", and complete and file with the clerk of the court the "Duties of Conservator" form (Judicial Council form GC-348) and the court’s local form Confirmation of Viewing Conservatorship Video (VN-182).

Applies to

Conservator training proof

Private professional conservators need not repeat the handbook and video in every case but must show proof with the dates on which they obtained the handbook and viewed the video.

Private professional conservators as defined in Probate Code §2341 are not required to obtain the handbook and view the video in every case. They are required to show proof including the dates of obtaining the handbook and viewing of the video.

Applies to

Conservator training proof

A professional conservator must obtain a revised handbook and view a revised video whenever the handbook or video is revised or replaced.

If the handbook and/or video are revised or replaced the professional conservators will be required to obtain the revised handbook and view the revised video.

Applies to

Declaration of efforts to locate notice recipient

A declaration must describe the efforts made to locate the address and telephone number of each person entitled to notice whose address information is incomplete.

A declaration must be given setting forth the efforts made to locate the address and telephone number of any person entitled to notice for whom such address information is incomplete.

Applies to

Medical capacity declaration

A physician, psychologist, or psychiatrist must file a separate declaration attesting to the conservatee's inability to make medical-care decisions, marked “CONFIDENTIAL” and designated confidential in the case-management system.

A declaration by a licensed physician, psychologist or psychiatrist who has examined and/or observed and evaluated the conservatee attesting to the fact that the conservatee is no longer able to determine his or her medical care shall be filed with the court. The declaration as to capacity of the conservatee shall be marked “CONFIDENTIAL”, filed separately (not as an attachment to the petition or any other document), and will be marked as a confidential document in the court’s case management system.

Applies to

Care plan

Within 120 days after appointment, the conservator must file a Probate Code §2351.2 Care Plan using Judicial Council form GC-355.

Within 120 days after appointment, the conservator shall file a Probate Code §2351.2 Care Plan using the mandatory Judicial Council form GC-355.

Applies to

Status report

Every conservator must file a separate status report after the first anniversary of the conservatorship and every two years thereafter for inclusion in the conservatee's confidential file.

Notwithstanding the repeal of the statutory requirement to do so, all conservators must file a status report after the first anniversary of the establishment of the conservatorship and biennially thereafter. Status reports shall be filed as separate reports to be included in the conservatee’s confidential file.

Applies to

Successor conservator petition

Every petition for appointment of a successor conservator must use Judicial Council form GC-310.

Judicial Council form GC-310 must be used in all petitions for appointment of successor conservators.

Applies to

Temporary conservator petition

Must include

proposed order

An ex parte temporary-conservator petition requires specified supporting materials and notice under Probate Code §2250(e), unless a good-cause declaration supports altered or eliminated notice, and all known potential objectors must receive at least 48 hours' advance notice if the permanent petition will be contested.

The petition for appointment of a temporary conservator may be brought ex parte, provided that the notice provisions of Probate Code §2250(e) are satisfied, either by giving notice or by submission of a declaration showing facts sufficient to allow the court to determine that good cause exists to eliminate or alter the notice requirements and provided that the following information is submitted: (a) The original and copy of the petition and proposed order; (b) A detailed statement of facts in the petition establishing the necessity for the temporary conservatorship; (c) An endorsed filed copy of the petition for appointment of the permanent conservator. However, if the attorney is informed that the petition for appointment of the permanent conservator will be contested, all known potential objectors shall be notified at least forty-eight (48) hours in advance of the time and place the petition for appointment of the temporary conservator will be presented; and (d) A completed Confidential Ex Parte/Temporary Conservatorship Information Summary for Court Investigator (VN-248).

Applies to

Petition for probate

When only part of a document is offered for probate, the petition and proposed order must identify the material offered or admitted.

If less than an entire document is offered for probate, the petition, and the proposed order shall specify the material offered for or admitted to probate.

Applies to

Blocked account informal accounting

A blocked-account informal accounting must be submitted using local form VN-267 with its attachments at least 30 days before the hearing.

The form and attachments are to be filed with the court and served on the court-appointed counsel for the conservatee/ward, as well as the Court Investigator’s Offices, thirty (30) days prior to when the hearing of the informal accounting would otherwise be heard.

Applies to

Petition

When distributees seek a distribution different from the will or intestate succession law, a written agreement must be filed or consent endorsed on the petition, and the distribution order must reference the assignment, agreement, or disclaimer.

If the distributees seek a distribution in a manner other than that provided by the Will or by the laws of intestate succession, a written agreement between the affected distributees must be filed in the probate proceeding or consent thereto endorsed on the petition. The order of distribution shall include reference to the assignment, agreement, or disclaimer, which is; the basis for the distribution.

Applies to

Petition

Every petition requesting statutory compensation must show the compensation calculation in the form required by California Rules of Court rule 7.705(a), even when accompanied by an accounting waiver.

All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in the form stated in California Rules of Court, rule 7.705(a).

Applies to

Points and authorities

Relied-on legal authority must be explained in the body of the points and authorities by showing how it applies to the case’s specific facts.

Any statement of legal authority upon which the party is relying, without written explanation in the body of the points and authorities as to how the authority pertains to the specific facts of this case, is insufficient.

Applies to

Points and authorities

Support or opposition points and authorities for a Penal Code §995 motion must summarize the relevant procedural history or facts and cite supporting transcripts or documents by page and line, subject to the stated People’s adoption exception.

Points and authorities in support of or opposition to a motion made pursuant to Penal Code §995 shall include the following: 1. A summary of the relevant procedural history and/or facts of the case with page and line references to any transcript or other document to be relied on at the hearing, except that the People may adopt the procedural or factual history contained in the defendant’s moving papers.

Applies to

Points and authorities

Support or opposition points and authorities for a Penal Code §995 motion must discuss the issues and identify the party’s specific legal and factual basis.

Points and authorities in support of or opposition to a motion made pursuant to Penal Code §995 shall include the following: 2. A discussion of the issues, specifically identifying the legal and factual basis for the party’s position.

Applies to

Moving papers

Penal Code §1538.5 moving papers must completely state the facts relied upon, including facts establishing standing, and explain counsel’s basis for the asserted knowledge or belief.

In addition to the requirements of Penal Code §1538.5, moving papers shall include: a. A complete statement of all the facts known to counsel, at the time the motion is filed, upon which the moving party relies in support of the motion, including facts asserting the moving party’s standing to bring the motion, with an explanation as to the basis for such knowledge or belief.

Applies to

Moving papers

Penal Code §1538.5 moving papers must specifically itemize the property or evidence sought to be suppressed or returned; a generalized request for all evidence is insufficient.

In addition to the requirements of Penal Code §1538.5, moving papers shall include: b. A complete itemized list of the specific items of property or other evidence sought to be suppressed or returned. A general request to suppress or return “all evidence seized” without greater specificity, is not sufficient.

Applies to

Motion

The court generally will consider only evidence items listed in the motion, except when a newly identified item could not reasonably have been identified before filing.

Only the items listed in the motion will be considered by the court for suppression or return, unless it is established that the newly identified item could not reasonably be identified before the motion was filed.

Applies to

Moving papers

Penal Code §1538.5 moving papers must identify the specific legal and factual reasons the defense believes the search or seizure was defective and, when applicable, identify each challenged search or seizure.

In addition to the requirements of Penal Code §1538.5, moving papers shall include: c. A discussion of the issues which identifies the specific legal and factual reasons why the defense believes the search or seizure was defective. If the motion seeks to suppress evidence obtained as a result of a series of warrantless searches and seizures, the motion must identify which of the specific searches or seizures are being challenged.

Applies to

Responding papers

Responding papers in a Penal Code §1538.5 motion must completely state the facts relied upon in opposition and explain counsel’s basis for the asserted knowledge or belief.

Responding papers to Penal Code §1538.5 motions shall include: a. A complete statement of all the facts known to counsel, at the time the responding papers are filed, upon which the responding party relies in opposition to the motion, with an explanation as to the basis for such knowledge or belief.

Applies to

Responding papers

Responding papers in a Penal Code §1538.5 motion must explain how the search or seizure is justified and specifically state the theories relied upon to justify it.

Responding papers to Penal Code §1538.5 motions shall include: b. A discussion of the issues, specifically identifying in what regard the search or seizure is justified. Such statement shall specifically state the theory or theories, which shall be relied upon and urged to justify the search or seizure.

Applies to

Petition for disclosure

A person or agency seeking court-ordered access to, copying, dissemination of, or use of juvenile case-file documents must file a JV570 Petition for Disclosure and comply with California Rules of Court, rule 5.552.

In all cases in which a person or agency requires a court order to inspect, obtain a copy of, disseminate to others or use documents in a juvenile case file, the person or agency shall file a Petition for Disclosure (JV570), and comply with California Rules of Court, rule 5.552.

Applies to

Petition for disclosure

A juvenile disclosure petition must specifically identify the information sought and its relevance to the related action and must include a supporting declaration and, when necessary, a memorandum of points and authorities.

The Petition shall state with specificity the information sought and the relevance to any related legal action, including the specific details of the related legal action. The Petition shall be supported by a declaration of counsel and/or a Petitioner, and if necessary, a memorandum of points and authorities.

Applies to

Petition for disclosure

A disclosure petition tied to pending civil litigation must attach a copy of the complaint and any answer.

If the Petition is filed in relation to a pending civil litigation, the petitioner must attach a copy of the complaint and answer, if any.

Applies to

Petition for disclosure

A disclosure petition tied to a pending criminal case must attach a copy of the charging document.

If the Petition is filed in relation to a pending criminal case, the petitioner must attach a copy of the charging document.

Applies to

Petition for disclosure

When a petitioner may inspect the juvenile case file without a court order, the petition must identify each requested document by title, date, and page number and explain the relevant page contents and basis for release or use.

The Petition shall identify the requested document(s) with particularity, (including the title of the document, the date of the document, and the page number of the document), and shall identify the contents of each page which is relevant to the Petition and the reasons that the content should be copied, released for dissemination, or used pursuant to the requirements of California Rules of Court, rule 5.552.

Applies to

Petition for disclosure

Each juvenile disclosure petition must receive a JP-prefixed case number, and all related documents must be filed under that number.

Upon filing, each Petition shall be assigned a case number beginning with the letters JP and all documents filed in connection with the Petition shall be filed under the JP case number.

Applies to

Certificate of Competency Form (VN-012)

Each public-agency or court-appointed attorney of record in a pending dependency matter must complete and submit Certificate of Competency Form VN-012.

Each public agency and court appointed attorney of record for a party to a dependency matter pending before the court shall complete and submit to the court a Certificate of Competency Form (VN-012).

Applies to

Certificate of competency

An attorney must submit a Certificate of Competency within ten days of the attorney's first appearance in a dependency matter.

first time shall complete and submit a Certificate of Competency to the court within ten (10) days of his or her first appearance in a dependency matter.

Applies to

Certificate of competency

A previously certified attorney must renew the Certificate of Competency by February 28 of the third year after initial certification and every three years thereafter, attaching evidence of at least eight hours of dependency-related continuing training or education.

In order to retain his or her certification to practice before the juvenile court, each attorney who has been previously certified by the court shall submit a new Certificate of Competency to the court on or before February 28 of the third year after the year in which the attorney is first certified and then every third year thereafter. The attorney shall attach to the renewal Certification of Competency evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.

Applies to

Casa report

Every CASA report submitted to the court must identify the assigned volunteer, child, and case number and state the assignment date.

However, any report submitted to the court, shall identify the assigned volunteer (if any), the child and the case number and shall state the date the volunteer was assigned.

Applies to

Exparte temporary restraining order application

A written application for an ex parte juvenile temporary restraining order must include form JV-245 and lodge form JV-250.

A party in a dependency case seeking an ex parte temporary restraining order on written application shall file the Judicial Council Form Request for Restraining Order – Juvenile (JV-245) and lodge the Judicial Council Form Notice of Hearing and Temporary Restraining Order – Juvenile (JV-250).

Applies to

Noticed restraining order application

A written application for a noticed juvenile restraining order must include forms JV-245 and JV-250.

A party in a dependency case seeking a restraining order only on noticed request and on written application, shall file the Judicial Council Form Request for Restraining Order – Juvenile (JV-245) and the Judicial Council Form Notice of Hearing (JV-250).

Applies to

Motion

Must include

proposed order

A request for relief from default or to vacate a dismissal must include a declaration establishing good cause and a proposed order granting relief.

A. Requests for relief from default or to vacate a dismissal shall be accompanied by a declaration establishing good cause, and by a proposed order granting relief.

Applies to

Notice of election

An appellant electing to use the original trial court file in a civil limited appeal must file and serve the notice of election within the time limits for designating the record under California Rules of Court rule 8.831.

B. An appellant in an appeal in a civil limited case, electing to use the original trial court file as set out in subsection A, must file and serve the notice of election within the same time limits for designation of record set out in California Rules of Court, rule 8.831.

Applies to

Pretrial appeal

An appellant filing a pretrial motion-to-suppress appeal more than 45 days after arraignment must file with the notice of appeal a declaration explaining compliance with Penal Code section 1510, and may include related exhibits.

A. An appellant seeking pretrial review of the denial of a motion to suppress evidence pursuant to Penal Code §1538.5 filed more than 45 days following the arraignment shall file a declaration explaining how the pretrial appeal complies with Penal Code §1510. The declaration shall be filed with the notice of appeal and may include exhibits related to the issue of Penal Code §1510 compliance.

Applies to

Ancillary services application

Counsel or a self-represented defendant must apply for court authorization before incurring expenses for ancillary defense services.

Before incurring expenses for ancillary defense services, counsel or a self-represented defendant shall make an application and follow the procedures and guidelines set out in Local Rule 21.03 and the Appointed Services Fee & Expense Schedule referenced therein.

Applies to

Ex parte order application

Must include

proposed order

Unless electronically submitted, an ex parte order application must include a supporting declaration, points and authorities, and a proposed order, and must be filed at the courthouse for the appropriate judge before presentation.

A. Unless electronically submitted, applications for ex parte orders with a declaration in support of the motion, points and authorities and a proposed order shall be filed in the courthouse in which the department of the appropriate judge is located before being presented to the appropriate judge.

Applies to

First pleading

Must include

caption

The first pleading in a CEQA case must identify the case as a “CEQA case” on its caption page.

The caption page of the first pleading in any case that alleges one or more claims under CEQA shall identify that the case is a CEQA case by including the words “CEQA case” on the caption page.

Applies to

Request for exemption

Must include

proposed order

A request for exemption from mandatory electronic filing and service must include the request form and a proposed exemption order.

A party making such a request shall submit a Request for Exemption from Mandatory Electronic Filing and Service and proposed Order of Exemption from Electronic Filing and Service.

Applies to

Jury verdict forms

All counsel must agree on the jury verdict forms, and the forms must be lodged with the trial department clerk before the plaintiff rests.

Additionally, jury verdict forms shall be agreed upon by all counsel and lodged with the clerk of the trial department before the plaintiff rests.

Applies to

Jury instructions and jury verdict form

Jury instructions and the jury verdict form must be filed with the courtroom clerk rather than in the Clerk's Office.

File jury instructions and jury verdict form with courtroom clerk, not in Clerk’s Office.

Applies to

Original depositions

All original depositions must be lodged with the courtroom clerk on the first day of trial with a Notice of Lodging.

Lodge all original depositions with the courtroom clerk on the first day of trial with a Notice of Lodging.

Applies to

Petition

Every petition requesting statutory compensation must show the requested compensation calculation in the form required by California Rules of Court rule 7.705(a), even if the petition includes a waiver of accounting.

Calculation Must Be Shown. All petitions requesting payment of statutory compensation -- even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested in the form stated in California Rules of Court, rule 7.705(a).

Applies to

Petition

When an accounting is waived and statutory commissions or fees are based on something other than the inventory and appraisal total, the petition must include detailed schedules of receipts, gains, and losses.

Detailed Schedules on Waiver of Accounting. When an account has been waived, if the basis for the statutory commissions or fees is other than the inventory and appraisal total, detailed schedules for receipts and gains and losses must be included.

Applies to

Health care provider note

A current jury-duty medical excuse must identify the juror by full name and badge number and state that the juror cannot currently serve jury duty; no diagnosis is necessary.

Must include your full name and badge number ______________________. • Must indicate that you cannot currently serve Jury Duty. • No diagnosis is necessary.

Applies to

Health care provider note

A permanent medical-excuse note must include the juror’s full name and badge number and state that the juror has a permanent physical or mental disability or impairment.

Must include your full name and badge number_______________________. • Must state that you have a permanent physical or mental disability or impairment.

Applies to

Minute order

When the mediator is jointly selected, the plaintiff must provide the mediator with the minute order stating the court’s mediation orders and the mediation completion date.

The plaintiff must also provide the mediator with a copy of the minute order setting forth the court’s orders re: mediation and the mediation completion date.

Applies to

Proposed order

Must include

proposed order

Parties must comply with the cited rules for proposed orders, and copies requiring conformation must be brought on the hearing day rather than lodged earlier.

Proposed Order(s): parties are to comply with California Rules of Court, rules 3.1201 and/or 3.1312 regarding submissions of proposed orders. If a party lodges an original proposed order(s) before the hearing is conducted, any copies of the proposed order(s) to be conformed are to be brought on the day of the hearing and not lodged prior to the hearing.

Applies to

Income expense declaration

All blanks on the Income and Expense Declaration form must be completed, using the stated notations when information is unknown, estimated, not applicable, or none.

All blanks on the form must be completed. Notation such as “unk” for “unknown,” “est” for “estimate,” “N/A” for “not applicable” and “none” should be used to avoid leaving any item blank.

Applies to

Court order

Must include

case number

A document requiring the court’s signature and exceeding one page must identify the document on the signature page with body verbiage or the case name, case number, and document title.

Any document exceeding one page in length which requires the signature of the court, must contain, on the signature page, verbiage from the body of the document or the case name, the case number and the title of the document.

Applies to

Joint mandatory settlement conference statement

The parties ordinarily must file the settlement statement jointly; a separate filing must include an explanation or indicate a protective order, and the petitioner coordinates the filing unless the respondent acts after petitioner’s failure to do so timely.

The parties must file the Joint Mandatory Settlement Conference Statement jointly unless there is a protective order in place. If the parties file the Statement separately, each party must attach a declaration explaining why the Statement is not filed jointly or indicate that a protective order is in place. The Petitioner is responsible for coordinating timely completion and filing of the form. If petitioner fails to act in a timely manner, Respondent may do so.

Applies to

Citation to appear

A citation to appear may be requested and will issue only after the petition has been filed.

The citation to appear shall issue, upon request, after the petition has been filed.

Applies to

Nunc pro tunc application

Must include

proposed order

To correct a clerical error in a signed order, a party must file an application and present a proposed nunc pro tunc order.

(c) Nunc Pro Tunc Order. When a signed order contains a clerical error, a party may obtain a corrected order by filing an application and presenting a proposed nunc pro tunc order correcting the error.

Applies to

Guardianship questionnaire

When the specified birth-related records are not readily available, the minor's date of birth must be proved with other evidence, such as school records.

If such records are not readily available, date of birth shall be proved by other evidence, such as school records.

Applies to

Petition to show who is entitled to notice

A petition showing who is entitled to notice must identify each entitled person's name, address, and relationship when the petition and supporting filings have been served on the parties.

H. PETITIONS TO SHOW WHO IS ENTITLED TO NOTICE. All petitions shall identify the names, addresses, and relationships of all persons entitled to notice if the party or parties have been served with the petition and supporting filings.

Applies to

Petition for appointment of conservator

Page seven, item 11 of a GC-310 conservatorship petition should list the telephone numbers of all second-degree relatives or other listed persons.

The Petition for Appointment of Conservator (Judicial Council form GC-310), page seven, item 11, should include the telephone numbers of all relatives within the second degree of the proposed conservatee or other names listed.

Applies to

Fee request

Must include

proposed order

Conservatee's counsel may request fees through a noticed motion or by submitting a fee declaration with invoices and a proposed order for review at an already-scheduled hearing.

Counsel for conservatee may request fees by counsel’s own noticed motion or by submitting a declaration for fees with attached invoices and proposed order for review at hearing on an already-scheduled hearing date.

Applies to

Proposed order

A proposed order for probate must have the probate referee box pre-checked when a probate referee is required.

To accommodate this statutory time requirement, it is the personal representative’s responsibility to pre-check the “probate referee” box on any proposed order for probate if the probate referee will be required.

Applies to

Petition

If accounting is waived and statutory commissions or fees are based on something other than the inventory and appraisal total, detailed schedules for receipts and gains and losses must be included.

When an account has been waived, if the basis for the statutory commissions or fees is other than the inventory and appraisal total, detailed schedules for receipts and gains and losses must be included.

Applies to

Spousal property petition

A spousal property petition must include a copy, preferably showing signatures, of any document establishing the character of the property.

A copy (preferably a photocopy showing signatures) of any document establishing the character of the property;

Applies to

Declaration and exhibits

Declarations filed under the rule must comply with Code of Civil Procedure section 2015.5, exhibits must be properly authenticated, and both will be included in the clerk's transcript.

C. Declarations must comply with Code of Civil Procedure §2015.5 and exhibits must be properly authenticated. Declarations and exhibits filed under this rule will be included in the clerk’s transcript.

Applies to

Jury instructions

In all jury trials, the requested-instructions document must identify the court, action, and document title "Instructions requested by ____."

In all jury trials counsel shall present to the courtroom judicial assistant a document setting forth in the usual manner the title of the court, title and number of the action, and title of the document, namely, "Instructions requested by ."

Applies to

Confidential mediation brief

The mediator determines whether to accept confidential mediation briefs and, if accepted, sets the submission timing.

The mediator will determine whether he/she will accept confidential mediation briefs, and if so, the timing of those submissions.

Applies to

Supervised visitation provider materials review

Supervised visitation providers are encouraged, but not required, to review the available materials about a visitation supervisor's role and duties.

Supervised visitation providers are encouraged to review the materials available at http://www.courts.ca.gov/cfcc-accesstovisitation.htm regarding the role and duties of a visitation supervisor.

Applies to

Complaint about child counsel

When an appointed child's counsel complaint remains unresolved or no agency or firm is designated, the complaining party may submit the complaint in writing to the Family Law Supervising Judge.

If the issue remains unresolved, or if there is no designated agency or law firm, the party may submit the complaint, in writing, to the Family Law Supervising Judge.