Nevada Superior Court Document Filing Requirements

CRITICAL

Applies to

Ex parte application

Must include

caption, proposed order

A written request for ex parte relief must state the relief requested, include the case caption, provide a declaration making the required factual and legal showing and addressing notice, and include a proposed order.

A. Contents of application. A request for ex parte relief must be in writing and must include all of the following: (1) An application containing the case caption and stating the relief requested; (2) A declaration making a factual/legal showing for the relief requested and notice given; (3) A proposed order.

CRITICAL

Applies to

Petition for modification

A petition seeking temporary modification relief must state that temporary relief is requested and describe its specific nature, and must include evidence that the temporary order is in the minor's best interests.

Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition shall specify in the petition the fact that temporary relief is being sought and the specific nature of the temporary relief sought. Any such request for temporary relief shall be accompanied by evidence demonstrating that the order temporarily granting the relief sought in a petition for modification is in the best interests of the minor.

CRITICAL

Applies to

Declaration

An attorney may not execute a declaration for another person using an attorney's verification.

An attorney may not execute a declaration on behalf of any person by means of an attorney’s verification.

CRITICAL

Applies to

Non title iv d earnings withholding hearing pleadings

In non-Title IV-D cases, the obligor must attach the notice or order to withhold income to the pleadings and file a current Income and Expense Declaration.

In non-Title IV-D cases (actions where the Department of Child Support Services is not involved), the obligor must attach to the pleadings a copy of the notice/order to withhold income and file a current Income and Expense Declaration.

CRITICAL

Applies to

Ex parte order application

An ex parte order may issue only when accompanied by an affidavit or declaration with a sufficient factual basis under the cited authorities.

An ex parte order shall be issued only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code section 6300, California Rules of Court, rule 5.151, and/or Code of Civil Procedure section 527.

CRITICAL

Applies to

Pretrial statement

Appraisals, evaluations, and evidentiary documents may not be attached to the Pretrial Statement, but copies of trial appraisals or evaluations must be served with it on the opposing party.

Appraisals, evaluations, and evidentiary documents must not be attached to the Pretrial Statement; however, each party must serve with the Pretrial Statement on the opposing party a copy of any appraisal or evaluation to be used at trial.

CRITICAL

Applies to

Proposed judgment or order

Must include

certificate of service

If the opposing attorney or party does not approve a proposed judgment or order, the preparing party must submit it with a cover letter explaining the lack of approval and showing that a copy was sent to the opposing attorney or party.

If not approved by the opposing attorney or party, the preparing party must submit it to the court with a cover letter explaining why it is submitted without such approval and showing that a copy of the letter has been sent to opposing attorney/party.

CRITICAL

Applies to

Probate order

Probate orders and judgments must state their complete effect and all matters decided with the particularity required in civil judgments, without requiring reference to the underlying petition.

All orders and judgments in probate matters must be complete in themselves; they shall be worded so that their general effect may be determined without reference to the petition upon which they are based. All matters actually decided by the court, including but not limited to the relief granted, the names of persons and the descriptions of property (including assessor’s parcel number and specific legal description), amounts of money affected, the terms of trusts, and the provisions of leases or other agreements must be set forth with the same particularity required in civil judgments.

CRITICAL

Applies to

Joint request for voluntary settlement conference

Participation in the voluntary settlement conference procedure requires the parties to file a joint request containing the specified information.

In order to participate in this procedure, the parties must file a joint request for voluntary settlement conference, which shall provide the following information:

CRITICAL

Applies to

Temporary child support stipulation FL 350

A stipulation concerning temporary child support must use mandatory Judicial Council form FL-350.

Stipulations concerning temporary child support must use the mandatory Judicial Council form FL-350.

CRITICAL

Applies to

Support pleadings

A party seeking support that deviates from the statewide uniform child support guidelines must state the factual basis in the pleadings.

In the event either party seeks a support order which deviates from the statewide uniform child support guidelines, that party shall set forth the factual basis for the request in their pleadings.

CRITICAL

Applies to

Application to commence proceedings

An application to commence proceedings must identify and provide notice of any pending family-law proceeding.

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

CRITICAL

Applies to

Mandatory judicial council form

Mandatory Judicial Council forms must be used, and documents submitted without them may be returned, although the court may allow a grace period after a form is added or modified.

When the Judicial Council has adopted mandatory forms for use in a proceeding, their use is mandatory. Any document not submitted on a mandatory form will be returned to the party submitting it, except when the Judicial Council has added or modified a mandatory form, in which case the Court may allow a grace period following the effective date of the form to allow incorporation of the new forms into commercial forms programs. It shall be the responsibility of the attorneys and the parties to determine, prior to submitting a paper for filing, if a grace period applies.

CRITICAL

Applies to

Order to show cause in re contempt

The moving party must attach the allegedly violated order to the Order to Show Cause in Re Contempt.

1. The moving party must attach a copy of the order allegedly violated to the Order To Show Cause In Re Contempt.

CRITICAL

Applies to

Petition for final distribution

The required party must confirm that income and other taxes have been paid or otherwise provided for.

Q. Income taxes. That income taxes and other taxes have been paid or otherwise provided for.

CRITICAL

Applies to

Ex parte application to calendar and order form

The submitting party must record on the form any other counsel's refusal to provide written consent to the proposed hearing date.

The party submitting the ex parte application to calendar and order form shall memorialize on the form the counsel’s refusal to give written consent to the proposed hearing date.

CRITICAL

Applies to

Child support calculator

The court and parties may use any Judicial Council-approved child support program, but in Title IV-D cases they must use a Judicial Council-approved calculator.

F. Child support computer programs. The court or parties may use any Judicial Council-approved child support program except in Title IV-D cases in which case the parties, counsel and the court are required to use a calculator approved by the Judicial Council.

CRITICAL

Applies to

Declaration

Every declaration must be based on the declarant's personal knowledge.

All declarations shall be based upon personal knowledge of the declarant.

CRITICAL

Applies to

Income and expense declaration

The Pretrial Statement must include a separately filed current and complete Income and Expense Declaration with all required attachments.

The pretrial statement shall consist of a separately filed current (i.e., information and signature within thirty (30) days of filing) and complete (i.e., all required attachments) Income and Expense Declaration, together with the following pretrial statement information, as may be relevant to the particular issues:

CRITICAL

Applies to

Judgment

The judgment’s parenting plan must comply with Family Code section 3048 and include a warning that violation may result in criminal or civil penalties.

The parenting plan must comply with Family Code section 3048, including a warning that violation of the order may result in criminal or civil penalties for the violating party.

CRITICAL

Applies to

Order to show cause in re contempt

Before the court issues an Order to Show Cause alleging failure to reimburse unusual health care costs, the moving party must comply with Family Code section 4063.

Prior to issuing an Order To Show Cause In Re Contempt involving an allegation that a party failed to reimburse for unusual health care costs, the court requires the moving party to comply with Family Code section 4063.

CRITICAL

Applies to

Ex parte temporary custody order application

A temporary-custody ex parte application must identify physical custody and how, when, where, and under what circumstances it was obtained, and include supporting best-interests facts rather than conclusions or beliefs.

An application for ex parte orders for temporary custody must include, among other things, which party has physical custody, details as to how, when, where, and under what circumstances the party obtained physical care or control of the child(ren), and other facts (not conclusions or statements of belief) showing the best interests of the child(ren).

CRITICAL

Applies to

Petition for modification

A party seeking to change, modify, or set aside a previously issued juvenile court order must file a petition compliant with the cited statutory and court requirements.

Any party seeking an order changing, modifying or setting aside an order previously issued by the juvenile court shall file a petition pursuant to Welfare & Institutions Code section 388. The petition shall comply with the requirements of Welfare & Institutions Code section 388 and California Rules of Court, rule 5.570.

CRITICAL

Applies to

Petition for final distribution

The filer must state that no federal or California estate taxes are payable or that they have been paid.

P. Estate taxes. That no federal or California estate taxes are payable or that they have been paid.

CRITICAL

Applies to

Writ of execution application

An application for a Writ of Execution must include an affidavit satisfying Family Code section 5104.

B. Writs of Execution. An application for a Writ of Execution must be accompanied by an affidavit meeting the requirements of Family Code section 5104.

CRITICAL

Applies to

Notice of case closure

A local child support agency that closes its case must file notice of the closure, and the court may reject privately prepared wage assignments if the notice is absent.

D. Department of Child Support Services cases. In any case between private parties in which a local child support agency appears, if the local child support agency thereafter closes its case, it shall file a notice to that effect. The court may reject privately prepared wage assignments if such notice is not on file.

CRITICAL

Applies to

Joint request for voluntary settlement conference

Parties seeking a voluntary settlement conference must file a joint request stating the relevant conference and trial dates, confirming a prior good-faith conference and substantial settlement probability, and summarizing the contested issues and each party’s position.

B. Joint request for voluntary settlement conference. In order to participate in this procedure, the parties must file a joint request for voluntary settlement conference, which shall provide the following information: 1. If the action is calendared for settlement conference and trial, specify the dates and times for the settlement conference and trial. If the action is not calendared for settlement conference and trial, so state. 2. Prior to the filing of the joint request, the parties and/or attorneys have met and conferred in a good faith effort to settle the contested issues, and the probability of settling any remaining contested issues is substantial with the assistance of the court in a voluntary settlement conference. 3. A summary statement of the contested issues and the respective positions of the parties on these contested issues

CRITICAL

Applies to

Fl 410 order to show cause and affidavit for contempt

The moving party must attach the allegedly violated order to the FL-410 Order to Show Cause and Affidavit for Contempt.

The moving party must attach a copy of the order allegedly violated to the FL-410 Order to Show Cause and Affidavit for Contempt.

CRITICAL

Applies to

Local child support agency case closure notice

When a local child support agency closes its case, it must file notice of that closure.

In any case between private parties in which a local child support agency appears, if the local child support agency thereafter closes its case, it shall file a notice to that effect.

CRITICAL

Applies to

Declaration

A party receiving or applying for public assistance must disclose that fact in the declaration and notify the local child support agency at least ten days before the hearing unless the court shortens the notice period.

If a party is receiving public assistance, or if an application for public assistance is pending, that fact must be disclosed in the declaration and the party receiving such public assistance must notify the local child support agency of the applicable county at least ten (10) days prior to the hearing unless such notice is shortened by the court.

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be served and filed for the pretrial conference.

Proposed jury instructions;

CRITICAL

Applies to

Pleading

Every pleading must include the filing attorney’s or self-represented party’s current email address in the required contact information at the top of the first page.

Each pleading submitted for filing must include, with the required contact information at the top of the first page, a current email address for the attorney or self-represented party on whose behalf the pleading is submitted.

CRITICAL

Applies to

Pleading

Each pleading must include the filing party’s current email address with the required contact information at the top of the first page.

Each pleading submitted for filing must include, with the required contact information at the top of the first page, a current email address for the attorney or self-represented party on whose behalf the pleading is submitted.

CRITICAL

Applies to

Ex parte temporary guardian application

Ex parte applications for appointment of a temporary guardian must comply with California Rule of Court 7.52.

Ex parte applications concerning appointment of a temporary guardian must comply with California Rules of Court, Rule 7.52.

CRITICAL

Applies to

Income expense declaration

When financial relief is requested, each party must file and serve a compliant Income and Expense Declaration with the moving pleadings.

If financial relief is requested, an Income and Expense Declaration in compliance with, and as required by Local Rule 5.11(B) must be filed and served by each party with the moving pleadings.

CRITICAL

Applies to

Family allowance application

A family-allowance application must state outside income, itemize separate property and monthly expenses, and show the estate's assets and liabilities.

D. Proof required for order. The person seeking an allowance shall set forth such person’s income from sources outside the estate, as well as any itemization of the applicant’s separate property and monthly expenses, and shall make an appropriate showing of the assets and liabilities of the estate.

CRITICAL

Applies to

Earnings withholding order hearing request

In non-Title IV-D cases, the obligor must attach the notice or order to withhold income and file a current Income and Expense Declaration.

In non-Title IV-D cases (actions where the Department of Child Support Services is not involved), the obligor must attach a copy of the notice/order to withhold income to the pleadings and file a current Income and Expense Declaration.

CRITICAL

Applies to

Income expense declaration

When the Department of Child Support Services seeks to establish or modify support, all parents must file and serve an Income and Expense Declaration with required supporting documents no later than nine court days before the hearing.

However, in cases wherein support is either sought to be established or modified by the Department of Child Support Services, all parents shall file and serve an Income and Expense Declaration with required supporting documents not later than nine (9) court days before the hearing date.

CRITICAL

Applies to

Proposed order

An elisor order must identify the documents to be signed, attach copies, and ensure that the originals presented for signature match the attached copies.

B. The order must expressly identify the documents to be signed and a copy of the documents must be attached to the proposed order. The original documents presented for signature by the elisor must match the copy of the documents attached to the proposed order. The order shall clearly identify the documents.

CRITICAL

Applies to

Judgment

Support provisions must be stated in full in the judgment; reference to another support document is permitted only when it is attached and the parties are ordered to carry out its terms.

Support provisions must be set forth in their entirety in the judgment. They cannot be included by reference to a marital settlement agreement or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms.

CRITICAL

Applies to

Pretrial statement

Must include

exhibit list

The Pretrial Statement must include a separately filed, current, and complete Income and Expense Declaration with all required attachments.

The pretrial statement shall consist of a separately filed current (i.e., information and signature within thirty (30) days of filing) and complete (i.e., all required attachments) Income and Expense Declaration, together with the following pretrial statement information, as may be relevant to the particular issues:

CRITICAL

Applies to

Income and expense declaration

A party must disclose on the Income and Expense Declaration that the party receives public assistance or has a pending public-assistance application.

6. If a party is on public assistance, or an application for public assistance is pending, that fact must be disclosed on that party’s Income and Expense Declaration.

CRITICAL

Applies to

Ex parte application or proposed temporary order

Ex parte applications and proposed temporary orders must be presented to the judicial officer assigned to the case.

Applications for ex parte orders and proposed temporary orders shall be presented to the judicial officer assigned to the case.

CRITICAL

Applies to

Petition for modification

A request for temporary modification relief must be accompanied by evidence demonstrating that the temporary order is in the minor’s best interests.

Any such request for temporary relief shall be accompanied by evidence demonstrating that the order temporarily granting the relief sought in a petition for modification is in the best interests of the minor.

CRITICAL

Applies to

Judgment

The judgment must include all required attachments, including Judicial Council form FL-192.

The judgment must have all required attachments, including Judicial Council form FL-192.

CRITICAL

Applies to

Judgment

The judgment's parenting plan must comply with Family Code Section 3048 and include a warning about possible criminal or civil penalties for violations.

The parenting plan must comply with Family Code Section 3048, including a warning that violation of the order may result in criminal or civil penalties for the violating party.

CRITICAL

Applies to

Attorney fees and costs request

Requests for attorney fees and costs must comply with California Rules of Court rule 5.427.

Any request for attorney fees and costs must comply with California Rules of Court, rule 5.427.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, a distribution to a minor or conservatee requires facts establishing compliance with Probate Code section 3400 et seq. or current certified letters of conservatorship or guardianship.

M. Distribution to minor or conservatee If distribution is to be made to a minor or conservatee, either facts showing compliance with Probate Code Sections 3400 et seq. or current certified copies of letters of conservatorship or guardianship shall be filed.

CRITICAL

Applies to

Termination of dependency memo and mandatory form JV-364

The termination-of-dependency filing must include a memo and mandatory Judicial Council Form JV-364.

Within thirty-five (35) calendar days after an adoption is granted, the County shall file a memo to the court seeking termination of dependency along with the mandatory Judicial Council Form JV-364, Termination of Dependency.

CRITICAL

Applies to

Ccrc complaint

Must include

certificate of service

A submitted CCRC complaint must include a proof of service showing that the opposing party received a copy.

The opposing party shall receive a copy of the complaint from the person making the complaint and attach a proof of service evidencing such service at the time the complaint is submitted.

CRITICAL

Applies to

Declaration

The supporting declaration must state specific facts establishing why an elisor is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

CRITICAL

Applies to

Wage assignment hearing application

A wage-assignment hearing application must include a copy of the court or administrative wage assignment and a current Income and Expense Declaration.

An application for a hearing on a wage assignment must include a copy of the court or administrative wage assignment, and a current Income and Expense Declaration.

CRITICAL

Applies to

Judgment

Orders and judgments generally must be consistent with the relief sought in the petition or response, unless the parties agree otherwise in a marital settlement agreement or stipulated judgment.

The orders and judgment must be consistent with the relief sought in the petition or response, unless the parties otherwise agree in a marital settlement agreement or stipulated judgment.

CRITICAL

Applies to

Account

Every probate, guardianship, conservatorship, and trust account must summarize the amount of property remaining on hand.

F. Amount of property on hand.

CRITICAL

Applies to

Judgment

Support provisions must state the ordered amount and commencement date, any spousal-support termination date, and each supported child's name and date of birth when child support is included.

Support provisions must include the amount ordered, the commencement date, and for spousal support, the termination date, if any. Child support provisions must include the name and date of birth of each supported child.

CRITICAL

Applies to

Final distribution petition

For distribution to a trust, the filing must include either an acknowledged trustee acceptance under the trust terms or a petition for designation of a substitute trustee.

Distribution to trust. If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the executor or administrator for the designation of a substitute trustee.

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for post-permanent-plan review hearings.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 6. Post permanent plan review hearings.

CRITICAL

Applies to

Certification of compliance with marsys law

Must include

local rule certificate

When a victim later asserts a previously unasserted right to notification, the prosecuting attorney must file an updated Certification of Compliance within ten days of the new request.

If a victim later asserts a right to notification not previously asserted, the prosecuting attorney shall file an updated Certification of Compliance within ten (10) days of the victim’s new request for notification.

CRITICAL

Applies to

Order shortening time application

Before requesting an order shortening time, the applicant must meet and confer with the opposing party to attempt to resolve scheduling issues.

Prior to requesting an order shortening time, the applicant must meet and confer with the opposing party in an effort to resolve any scheduling issues.

CRITICAL

Applies to

Ex parte application

An ex parte applicant must accompany the application with a notice declaration stating the notice details, whether opposition is expected, and any good-faith but unsuccessful attempt to inform the opposing party.

An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given (including the date, time, manner, and name of the party informed), and whether opposition is expected; (2) That the applicant in good faith attempted to inform the opposing party but was unable to

CRITICAL

Applies to

Notice of limited scope representation

A party and attorney with a limited-representation agreement must promptly file a FL-950 Notice of Limited Scope Representation.

In the event a party is represented by an attorney and the party’s agreement with their attorney is one of limited representation, the party and attorney shall promptly file a FL-950 Notice of Limited Scope Representation.

CRITICAL

Applies to

Law and motion continuance request

Without party agreement, the appropriate FL-306 or FL-307 continuance request must be used, and form FL-309 must also be submitted.

If there is no agreement: FL-306 Request and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Order OR FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders. FL-309 Order on Request to Reschedule Hearing shall also be submitted.

CRITICAL

Applies to

Joint statement of case

A nonargumentative joint statement of the case, limited to two paragraphs and intended to be read to prospective jurors, must be served and filed for the pretrial conference.

A joint non-argumentative statement of the case (two (2) paragraphs maximum) to be read to prospective jurors.

CRITICAL

Applies to

Trial appearance

Parties, counsel, and witnesses must appear in person at trial unless the court has granted an advance request for remote appearance.

All parties, counsel and witnesses shall appear at trial in person unless the court has granted an advance request for remote appearance.

CRITICAL

Applies to

Ex parte application to calendar and order form

The ex parte application to calendar and order form may only place, change, or continue a hearing date and may not substitute for a section 388 petition, formal motion, or points and authorities.

The ex parte application to calendar and order form has no purpose other than to place, change, or continue a hearing date on the court’s calendar. The ex parte application to calendar and order form is not a substitute for a Welfare & Institutions Code section 388 petition, a formal written motion, or supporting points and authorities.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must state facts showing each heir’s or devisee’s entitlement to the proposed distribution, including information about predeceased children.

Entitlement to distribution. Facts specifically showing the entitlement of each heir or devisee to the portion of the estate to be distributed to that heir or devisee, including any information concerning predeceased children.

CRITICAL

Applies to

Casa written report

During the CASA volunteer's appointment, a written report must be submitted to the court for the listed hearings and any additional hearing directed by the court.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 1. Initial disposition hearing. 2. 6-month review hearing. 3. 12-month permanency hearing. 4. 18-month permanency hearing. 5. Selection and implementation hearing. 6. Post permanent plan review hearings. 7. As directed by the Court.

CRITICAL

Applies to

Wage assignment

A wage assignment submitted for signature must be accompanied by the mandatory FL-430 ex parte application.

When submitting a wage assignment for signature, the wage assignment must be accompanied by the mandatory FL-430 Ex Parte Application to Issue, Modify, Or Terminate an Earnings Assignment Order.

CRITICAL

Applies to

Income and expense declaration

A current and complete Income and Expense Declaration is required when a party requests financial relief or reimbursement.

If a party is requesting any financial relief or reimbursement, a current and complete Income and Expense Declaration is required.

CRITICAL

Applies to

Petition

A formal probate petition concerning property passing to a surviving spouse must include a written election addressing the available alternative procedures and acknowledging possible additional fees.

Formal probate of community, quasi-community, or separate property passing or confirmed to a surviving spouse in a decedent’s estate pursuant to Probate Code section 13502 must be supported by a written election expressly indicating a consideration of the alternative procedures available pursuant to section 13650. Written elections made pursuant to section 13502 shall contain an express acknowledgment that the inclusion of the property passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees, commissions, and attorney’s fees.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must disclose all capital transactions and other actions taken under the Independent Administration of Estates Act, including gains or losses.

Actions under IAEA. All capital transactions and other actions taken under the Independent Administration of Estates Act, including the amounts of any gains or losses.

CRITICAL

Applies to

Account

B. Amount of receipts excluding capital items.

B. Amount of receipts excluding capital items.

CRITICAL

Applies to

Wage assignment including arrearages

A wage assignment including arrears must be accompanied by an FL-420, an FL-421, or other arrearage documentation showing dates, amounts due, and payments made.

If arrears are included in the wage assignment, the party must also file FL-420 Declaration of Payment History and FL-421 Payment History Attachment or other documentation of the arrearages including dates, amounts due, and payments made.

CRITICAL

Applies to

Order shortening time application

An order-shortening-time affidavit or declaration generally must establish emergency circumstances, except when sought solely by a responding party for affirmative relief on a previously set hearing date.

As a general rule, an affidavit or declaration in support of an order shortening time must set forth facts showing emergency circumstances unless it is solely for the purpose of a responding party to obtain affirmative relief on a hearing date previously set by the opposing party.

CRITICAL

Applies to

Supporting affidavit or declaration

If the opposing party was not contacted or did not agree, the supporting affidavit or declaration must describe the applicant’s efforts or grounds for excusal and explain why the proposed hearing date should be set without opposing consent.

If the opposing party has not been contacted or has not agreed, the supporting affidavit or declaration must state the applicant’s efforts to resolve the scheduling issue, or why they should be excused, and why the hearing should be set on the proposed date without the consent of the opposing party.

CRITICAL

Applies to

Ex parte application

An ex parte application must include a completed Declaration re Notice of Ex Parte Application stating any grounds for not providing advance notice, and omission of the declaration results in summary denial.

If the applicant contends that advanced notice to one or more other counsel should not be required, the grounds upon which this contention is based shall be specified on the Declaration re Notice of Ex Parte Application form. The completed Declaration re Notice of Ex Parte Application form shall be submitted to the judge or referee with the ex parte application. An ex parte application which is submitted to the judge or referee without the Declaration re Notice of Ex Parte Application form will be summarily denied.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, certain non-equal or non-testamentary in-kind distributions require a distribution agreement signed and acknowledged by each heir, and the judgment must reference that agreement.

E. Agreement of distribution. An agreement to the distribution signed by each heir with each signature acknowledged must be filed if distribution of assets are to be made in kind and all persons will not share equally in each asset or if the distribution sought is other than that provided by the will or by the laws of intestate succession. The judgment of distribution shall include reference to the agreement which is the basis of the distribution.

CRITICAL

Applies to

Ex parte custody change order application

An ex parte custody-change application must include an affidavit or declaration establishing by clear, specific allegations an immediate health-or-welfare need, explaining why shortened notice is unreasonable, and describing interim care.

An application for an ex parte order to change custody of any minor child(ren) must be supported by an affidavit or declaration showing by clear, specific allegations that the health and welfare of the child(ren) require the immediate change of custody, and stating why an order shortening time would not be reasonable. The affidavit or declaration must also set forth, in brief, the specifics of the manner in which the child(ren) will be cared for pending hearing. (Family Code Section 3064.)

CRITICAL

Applies to

Income and expense declaration

The cash and assets section must be fully completed for the specified forms of relief or when otherwise relevant, and “unknown” or “TBD” responses are not permitted.

That portion of the Income and Expense Declaration that relates to cash and assets on hand must be fully completed if the relief at issue is permanent spousal support, attorney fees, payment of costs, payment of community obligations, or where it is otherwise relevant. Inserting “unknown” or “TBD” or a similar response is non-compliance with this section. Rather, answers should reflect assets then in the possession of or under the control of the declarant.

CRITICAL

Applies to

Affidavit or declaration

A responding party seeking affirmative relief on a previously scheduled hearing date must provide the required affidavit or declaration.

Such affidavit or declaration is required by a responding party seeking to schedule affirmative relief on a previously set hearing date.

CRITICAL

Applies to

Certification of compliance marsys law

When a victim retains private counsel in a criminal case, the victim’s private attorney rather than the prosecuting attorney must prepare and file the Certification of Compliance for activities after retention.

In the event a victim retains private counsel in any criminal case, the victim’s private attorney, instead of the prosecuting attorney, shall prepare and file the Certification of Compliance for all activities occurring after private counsel’s retention.

CRITICAL

Applies to

Settlement conference statement

Unless Local Rule 4.02.1 provides otherwise, the parties must serve and file a compliant settlement conference statement with the clerk no later than 5 court days before the conference.

Except as provided in Local Rule 4.02.1, the parties, not later than five (5) court days prior to the scheduled conference, shall serve and file a settlement conference statement with the clerk of the court. Such settlement conference statements shall comply with Local Rule 4.02.1.

CRITICAL

Applies to

Responsive declaration

Must include

statement of facts

The Responsive Declaration and other supporting declarations must state in full all facts relied upon for the response.

The Responsive Declaration to the Request for Order or Notice of Motion and such other declarations in support of the party’s response must set forth in full all facts upon which the responding party relies in support of the response.

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for the initial disposition hearing.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 1. Initial disposition hearing.

CRITICAL

Applies to

Petition for modification

A party seeking modification of a prior juvenile-court order must file a Welfare & Institutions Code Section 388 petition complying with Section 388 and California Rules of Court, Rule 5.570.

Any party seeking an order changing, modifying or setting aside an order previously issued by the juvenile court shall file a petition pursuant to Welfare & Institutions Code Section 388. The petition shall comply with the requirements of Welfare & Institutions Code Section 388 and California Rules of Court, Rule 5.570.

CRITICAL

Applies to

Ex parte application

An ex parte applicant must provide a declaration containing competent testimony and an affirmative factual and legal showing supporting the requested relief.

B. Factual/Legal Showing Required. An applicant must make an affirmative factual and legal showing in a declaration containing competent testimony of the basis for granting relief ex parte.

CRITICALCivil cases

Applies to

Complaint and cross complaint

The complaint and cross-complaint must be filed and served with the Case Management Conference notice and information materials, and counsel must also serve the Nevada County Superior Court ADR information sheet and attached stipulation form.

The complaint and cross-complaint are to be filed and served pursuant to California Rule of Court 3.110, along with a copy of the Notice of Case Management Conference and the Case Management Information Sheet with attached blank copy of the Case Management Statement. Counsel is also required to serve the Nevada County Superior Court Alternative Dispute Resolution Information Sheet and attached stipulation form.

CRITICAL

Applies to

Ex parte discovery application

Ex parte discovery applications must comply with California Rules of Court 3.1200 through 3.1207.

Ex parte applications concerning discovery must comply with California Rules of Court, rules 3.1200-3.1207.

CRITICAL

Applies to

Income and expense declaration

A current and complete Income and Expense Declaration is required for a trial or hearing when financial circumstances are relevant and whenever a party requests financial relief or reimbursement.

1. A current and complete Income and Expense Declaration is required for any trial or hearing in which the financial circumstances of one or more of the parties is relevant. If a party is requesting any financial relief or reimbursement, a current and complete Income and Expense Declaration is required.

CRITICAL

Applies to

Proposed special verdicts

Proposed special verdicts must be served and filed for the pretrial conference.

Proposed special verdicts;

CRITICAL

Applies to

Other brief

No other briefs may be filed without leave of the court.

No other briefs are allowed absent leave of the court.

CRITICAL

Applies to

Ex parte application

Must include

caption, proposed order

A written ex parte application must state the relief requested, include a declaration with the factual and legal showing and notice, and include a proposed order.

A request for ex parte relief must be in writing and must include all of the following: (1) An application containing the case caption and stating the relief requested; (2) A declaration making a factual/legal showing for the relief requested and notice given; (3) A proposed order.

CRITICAL

Applies to

Ex parte temporary guardian appointment application

Ex parte temporary-guardian appointment applications must comply with California Rules of Court 7.52.

Ex parte applications concerning appointment of a temporary guardian must comply with California Rules of Court, rule 7.52.

CRITICAL

Applies to

Post hearing written order

Must include

proposed order

After a law-and-motion hearing, the moving attorney or self-represented party must prepare the written order under California Rules of Court rule 5.125 unless the court directs otherwise.

Unless otherwise directed by the court, the moving attorney or self-represented party shall prepare a written order after hearing following any hearing on the law and motion calendar in accordance with California Rules of Court, rule 5.125.

CRITICAL

Applies to

Judgment

When medical or dental insurance maintenance is ordered, the judgment must address reimbursement for uninsured healthcare expenses under Family Code Section 4063, with reimbursement due within 30 days after notice unless otherwise provided.

If the judgment provides that a party maintain medical or dental insurance, the manner of reimbursement for uninsured health care expenses shall be as set forth in Family Code Section 4063. Reimbursement amounts are due within thirty (30) days of notice, unless the judgment provides otherwise.

CRITICAL

Applies to

Contempt waiver of rights and plea

An admission to contempt must be taken using the local Contempt Waiver of Rights and Plea form.

The local form for Contempt Waiver of Rights and Plea shall be used in taking an admission to a contempt.

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for the six-month review hearing.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 2. 6 months review hearing.

CRITICAL

Applies to

Petition to establish fact of death

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

A petition to establish the fact of death (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits: 1. A copy of any instrument relating to any interest in the property; and 2. A copy of the death certificate.

CRITICAL

Applies to

Mandatory judicial council forms

Mandatory Judicial Council forms must be used; nonconforming documents are returned, although the court may grant a grace period after adding or modifying a mandatory form, and filers must determine whether a grace period applies.

A. Judicial Council Forms. When the Judicial Council has adopted mandatory forms for use in a proceeding, their use is mandatory. Any document not submitted on a mandatory form will be returned to the party submitting it, except when the Judicial Council has added or modified a mandatory form, in which case the court may allow a grace period following the effective date of the form to allow incorporation of the new forms into commercial forms programs. It shall be the responsibility of the attorneys and the parties to determine, prior to submitting a paper for filing, if a grace period applies.

CRITICAL

Applies to

Notice of motion

For felony and misdemeanor motions requesting an evidentiary hearing, the moving party must state on the first page of the notice of motion that an evidentiary hearing is requested and provide a time estimate.

In felony and misdemeanor motions involving an evidentiary hearing the moving party must specify on the first page of their notice of motion that an evidentiary hearing is requested and the estimate of time needed.

CRITICAL

Applies to

Notice declaration

When notice is not given, the declaration must state the reason for the lack of notice.

If notice was not given, the declaration shall state the reason notice has not been given.

CRITICAL

Applies to

Ex parte minor custody change order application

The affidavit or declaration must briefly describe how the children will be cared for pending the hearing.

The affidavit or declaration must also set forth, in brief, the specifics of the manner in which the child(ren) will be cared for pending hearing.

CRITICAL

Applies to

Pretrial statement

For child support issues, parties must attach a proposed support calculation using a Judicial Council-approved program or, for DCSS-enforced support, a Judicial Council-approved calculator.

For child support issues, the parties must attach a proposed support calculation prepared by a support calculation program approved by the Judicial Council, or, in the case of child support being enforced by DCSS, utilizing a calculator approved by the Judicial Council.

CRITICAL

Applies to

Judicial council form fl 324 p

Professional supervised visitation providers must file Judicial Council Form FL-324(P) with the judicial secretary before commencing services and comply with Family Code section 3200.5.

Professional Providers who provide supervised visitation services shall file Judicial Council Form FL-324(P) with the judicial secretary prior to commencing supervised visitation services and shall comply with Family Code section 3200.5.

CRITICAL

Applies to

Income expense declaration

If financial relief is requested, an Income and Expense Declaration in compliance with, and as required by Local Rule 5.11(B) must be filed and served by each party with the moving pleadings and to the extent necessary shall be augmented, filed and served within five (5) court days of the hearing.

If financial relief is requested, an Income and Expense Declaration in compliance with, and as required by Local Rule 5.11(B) must be filed and served by each party with the moving pleadings and to the extent necessary shall be augmented, filed and served within five (5) court days of the hearing.

CRITICAL

Applies to

Motion memorandum

Failure to state every ground in the memorandum may be treated as an admission of insufficient supporting facts and a waiver of that ground, unless the court finds good cause to rule otherwise.

B. A moving party’s failure to set forth each and every ground to be relied upon in support of the motion in the memorandum of points and authorities may be construed by the court as an admission that insufficient facts exist to support said ground and a waiver of the right to assert said ground at the hearing unless the court, for good cause shown, rules otherwise.

CRITICAL

Applies to

Ex parte temporary custody order application

A temporary-custody ex parte application must identify physical custody and how, when, where, and under what circumstances it was obtained, plus factual—not conclusory—facts showing the children’s best interests.

An application for ex parte orders for temporary custody must include, among other things, which party has physical custody, details as to how, when, where, and under what circumstances the party obtained physical care or control of the child(ren), and other facts (not conclusions or statements of belief) showing the best interests of the child(ren).

CRITICAL

Applies to

Income and expense declaration

The cash-and-assets section must be fully and accurately completed for permanent spousal support, attorney fees, costs, community obligations, or other relevant matters; answers such as “unknown” or “TBD” do not comply.

4. That portion of the Income and Expense Declaration that relates to cash and assets on hand must be fully completed if the relief at issue is permanent spousal support, attorney fees, payment of costs, payment of community obligations, or where it is otherwise relevant. Inserting “unknown” or “TBD” or a similar response is non- compliance with this section. Rather, answers should reflect assets then in the possession of or under the control of the declarant.

CRITICAL

Applies to

Witness list

A witness list must be served and filed for the pretrial conference.

Witness lists;

CRITICAL

Applies to

Settlement conference statement

Each settlement conference statement must include a full and complete statement of the required information, to the extent known or contended.

Each settlement conference statement shall include a full and complete statement of the following information to the extent known or contended:

CRITICAL

Applies to

Wage assignment

In non-IV-D cases, wage assignments submitted for signature must provide for payment to the State Disbursement Unit and include a completed FL-191 Child Support Case Registry form.

All wage assignments (orders to withhold income for child support) submitted to the court for signature in non-IV- D cases must provide that the payment will be made to the State Disbursement Unit (SDU) and must be accompanied by a completed Child Support Case Registry form (FL-191).

CRITICAL

Applies to

Judgment

The parenting plan must be stated in full in the judgment; it may be incorporated by reference only if the referenced document is attached and the parties are ordered to perform its terms.

The parenting plan must be set forth in its entirety in the judgment. It cannot be included by reference to a marital settlement agreement, mediated agreement, or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms.

CRITICAL

Applies to

Ex parte application

An ex parte applicant must provide an affirmative factual and legal showing supported by competent testimony in a declaration.

An applicant must make an affirmative factual and legal showing in a declaration containing competent testimony of the basis for granting relief ex parte.

CRITICAL

Applies to

Petition for final distribution

The court must determine whether surplus cash was kept in interest-bearing accounts.

R. Interest-bearing accounts. Whether surplus cash was kept in interest-bearing accounts.

CRITICAL

Applies to

Judgment

Support provisions must be included in their entirety in the judgment, unless the referenced document is attached and the parties are ordered to carry out its terms.

Support provisions must be set forth in their entirety in the judgment. They cannot be included by reference to a marital settlement agreement or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms.

CRITICAL

Applies to

Ex parte protective order application

An ex parte request to exclude a party from a residence must be supported by an affidavit or declaration alleging assault or threatened assault and physical or emotional harm, detailing the alleged acts, and explaining why shortened notice would be unreasonable.

An application for an ex parte protective order excluding either party from the family residence, or the residence of the other, must be supported by an affidavit or declaration showing an assault or threatened assault and emotional or physical harm, as required under Family Code Section 6321, specifying in detail the time and place of any past act or acts of alleged misconduct or harm, and stating why an order shortening time would not be reasonable. At the hearing, the Court may order temporary exclusion from the family residence upon a sufficient showing of an assault or threatened assault and physical or emotional harm.

CRITICAL

Applies to

Application for elisor

The application and proposed order must designate the court clerk or designee as elisor and identify the person and signing capacity.

The application and proposed order must designate “The Clerk of the Court or Designee” as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must state that no federal or California estate taxes are payable or that they have been paid.

Estate taxes. That no federal or California estate taxes are payable or that they have been paid.

CRITICAL

Applies to

Proposed judgment or order

Must include

proposed order

The party directed by the Court must prepare and submit the judgment or order within 30 days after the hearing, using the required approval legend.

After a trial or hearing, the party directed by the Court must prepare the judgment or order in accordance with the Court’s decision within thirty (30) days and submit it to the opposing attorney/party under the legend “Approved as conforming to the Court’s order”.

CRITICAL

Applies to

Final distribution petition

The terms of any testamentary trust must be stated in full in the petition and order rather than merely incorporated by reference.

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

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must include a schedule showing the proration of taxes, fees, and costs.

Proration of taxes and costs. A schedule showing the proration of taxes, fees and costs.

CRITICAL

Applies to

FL-415 findings and order regarding contempt

Judicial Council form FL-415 must be used to dispose of a contempt matter.

Judicial Council form FL-415 Findings and Order Regarding Contempt, shall be used for disposition.

CRITICAL

Applies to

Earnings withholding order hearing request

A request for a hearing on an earnings withholding order must be filed using Judicial Council form FL-450.

A request for hearing shall be filed using the mandatory judicial council form FL-450.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, a distribution to a trust requires either an acknowledged trustee acceptance under the trust terms or a petition seeking designation of a substitute trustee.

L. Distribution to trust. If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the executor or administrator for the designation of a substitute trustee.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, a distribution made under an assignment of interest requires filing and acknowledgment of the assignment and details of the consideration.

K. Assignment of interest. If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

CRITICAL

Applies to

Petition for final distribution

The disclosure must include liabilities and other matters necessary to show the condition of the estate.

O. Condition of estate. Disclosure of liabilities and other matters necessary to show the condition of the estate.

CRITICAL

Applies to

Ex parte order application by responding party seeking affirmative relief

A responding party seeking affirmative relief on a previously set hearing must file the required notice affidavit or declaration.

Such affidavit or declaration is required by a responding party seeking affirmative relief on a previously set hearing.

CRITICAL

Applies to

Contempt admission and disposition

The FL-1 Advisement of Rights, Waiver and Plea must be used for a contempt admission, and the FL-415 Findings and Order Regarding Contempt must be used for disposition.

FL1 Advisement of Rights, Waiver and Plea shall be used in taking an admission to a contempt. Judicial Council form FL-415 Findings and Order Regarding Contempt, shall be used for disposition.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must state which property is separate and which is community property.

Statement re separate and community property. A statement of what property is separate and what is community.

CRITICAL

Applies to

Ex parte protective order application excluding a party from a residence

A residential-exclusion protective-order application must allege assault or threatened assault and emotional or physical harm, detail the time and place of the misconduct, and explain why shortening time would be unreasonable.

An application for an ex parte protective order excluding either party from the family residence, or the residence of the other, must be supported by an affidavit or declaration showing an assault or threatened assault and emotional or physical harm, as required under Family Code section 6321, specifying in detail the time and place of any past act or acts of alleged misconduct or harm, and stating why an order shortening time would not be reasonable.

CRITICAL

Applies to

Motion brief

B. A moving party’s failure to set forth each and every ground to be relied upon in support of the motion in the memorandum of points and authorities may be construed by the Court as an admission that insufficient facts exist to support said ground and a waiver of the right to assert said ground at the hearing unless the Court, for good cause shown, rules otherwise.

B. A moving party’s failure to set forth each and every ground to be relied upon in support of the motion in the memorandum of points and authorities may be construed by the Court as an admission that insufficient facts exist to support said ground and a waiver of the right to assert said ground at the hearing unless the Court, for good cause shown, rules otherwise.

CRITICAL

Applies to

Order shortening time application

When the opposing party was not contacted or has not agreed, the supporting affidavit or declaration must explain the applicant’s resolution efforts or excuse and justify the proposed hearing date.

If the opposing party has not been contacted or has not agreed, the supporting affidavit or declaration must state the applicant’s efforts to resolve the scheduling issue, or why they should be excused, and why the hearing should be set on the proposed date without the consent of the opposing party.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition must itemize costs for which counsel seeks reimbursement, and properly itemized long-distance telephone, photocopy, postage, and similar costs may be allowed.

H. Costs. An itemization of costs for which counsel is seeking reimbursement. Costs of long-distance telephone calls, photocopies, postage, etc. shall be allowed if properly itemized.

CRITICAL

Applies to

Declaration

The declaration supporting an elisor application must state specific facts establishing the necessity of appointing an elisor.

D. The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

CRITICAL

Applies to

Judgment

Judgment provisions must be stated in legal language rather than agreement or request language.

The provisions of a judgment must be stated in legal language and not in the language of an agreement or request.

CRITICAL

Applies to

Ex parte application

An ex parte order may issue only when the application includes an affidavit or declaration with sufficient facts and legal support for the requested order.

An ex parte order shall be issued only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code Section 6300, California Rules of Court, Rule 5.151, and/or Code of Civil Procedure Section 527.

CRITICAL

Applies to

Ex parte family allowance petition

An ex parte family-allowance petition by someone other than the personal representative must include the personal representative's consent; without that consent, a noticed motion is required.

When the petitioner is not the personal representative, consent to the allowance by the personal representative must accompany any ex parte petition.

CRITICAL

Applies to

Petition

The petition must be accompanied by a declaration detailing notice, hearing notification, relief, compliance or excuse, responses received, and whether opposition is expected.

A declaration must accompany the petition setting forth to whom notice was given, the date, time and manner of notice, that notification was given of the time and place of the ex parte hearing and the nature of relief sought, and a statement that notice pursuant to this section has been complied with or an excuse thereof. The declaration is to state what response, if any, was received, and whether opposition is expected.

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for the selection and implementation hearing.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 5. Selection and implementation hearing.

CRITICAL

Applies to

Motion under penal code 995 or 1538 5

Written moving papers for motions under Penal Code sections 995 and 1538.5 must include the specifically stated factual, legal, transcript, suppression, or defect-identification content required by the rule.

A. In addition to the requirements of Local Rule 7.02, moving papers relating to motions under Penal Code sections 995 and 1538.5 shall be in writing and shall include:

CRITICAL

Applies to

Court approval motion

Specifically devised or bequeathed property may not be encumbered or offered for sale without either filed written consent or prior court approval on fifteen court days’ notice to the specific devisee or legatee.

Absent written consent by the specific devisee or legatee filed with the court, no specifically devised or bequeathed real or personal property shall be encumbered or offered for sale unless first approved by the court on fifteen (15) court days’ notice to the specific devisee or legatee.

CRITICAL

Applies to

Separate petition

A separate probate or permanent-letters petition must be filed and assigned a hearing date before a special-administration or temporary conservatorship or guardianship petition is considered.

A separate petition for probate or permanent letters must first be filed and a hearing date assigned before a petition for special administration or for temporary letters for a conservatorship or guardianship will be considered.

CRITICAL

Applies to

Petition for modification

A petition seeking temporary modification relief must state that temporary relief is requested and describe the specific temporary relief sought.

Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition shall specify in the petition the fact that temporary relief is being sought and the specific nature of the temporary relief sought.

CRITICAL

Applies to

Account

The rule addresses the amount of disbursement.

D. Amount of disbursement.

CRITICAL

Applies to

Brief preliminary evaluation report

Must include

case number

A forensic psychiatrist’s brief preliminary mental-competency evaluation must be submitted as a written report to the pending mental health court, include the defendant’s identifying and case information, explain the competence opinion and observed symptoms, address antipsychotic medication when incompetency is opined, and be signed by the psychiatrist.

A brief preliminary evaluation of the mental competency of a criminal defendant may be conducted by a forensic psychiatrist. The evaluation shall be memorialized in a written report, which shall be submitted to the mental health court in which the defendant’s competency case is pending. The report shall specify the defendant’s name, the date of the evaluation, and the case number or numbers. The report shall also specify the reasons for the psychiatrist’s opinion as to the defendant’s competence, including observed symptoms, and the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder. If the psychiatrist opines that the defendant is not competent to stand trial, the report shall address the issues regarding antipsychotic medication as specified in Penal Code section 1369(a). The report shall be signed by the psychiatrist.

CRITICAL

Applies to

Motion brief

A motion under Penal Code Section 1538.5 must completely specify the exact matters or things sought to be suppressed or returned.

3. Where the motion is under Penal Code Section 1538.5, a complete specification of the exact matters or things sought to be suppressed or returned. ("All evidence seized . . ." without listing the items is not a specification.); and

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition must include computations of the attorney’s fees and personal representative commissions requested.

C. Computation of fees and commissions. A computation of the attorney’s fees and personal representative commissions requested.

CRITICAL

Applies to

Certification of competency

An attorney appearing for the first time in a dependency matter must submit a Certification of Competency within 10 days of the first appearance.

After January 1, 1997, any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of their first appearance in a dependency matter.

CRITICAL

Applies to

Petition

A petition to administer an estate involving a will with trust distributions must include an authenticated trust copy, or alternatively a penalty-of-perjury declaration identifying the trust’s trustees, successor trustees, beneficiaries, and contingent beneficiaries.

A properly authenticated copy of the trust must also be filed with the Petition to Administer. In lieu of filing a copy of the trust, a declaration under penalty of perjury from a party or counsel may be filed stating who the trustees, successor trustees, beneficiaries and contingent beneficiaries of the Trust are.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition and order must state the complete terms of any testamentary trust rather than merely incorporating them by reference.

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

CRITICAL

Applies to

Ex parte application

When an applicant cannot provide notice to other counsel despite a good-faith attempt, the declaration must specify the efforts made to inform them.

If the applicant has made a good faith attempt to inform the other counsel regarding the ex parte application but was unable to do so, the efforts made to inform them shall be specified on the declaration re notice of ex parte application.

CRITICAL

Applies to

Ex parte application

An ex parte order or order-shortening-time application must include a written affidavit or declaration disclosing opposing counsel, notice, and the manner and content of notice.

An application for an ex parte order or an order shortening time must be accompanied by a written affidavit or declaration informing the judge if the opposing party is represented by an attorney and explaining that notice to the other party was given as required by these rules, the manner and content of the notice given.

CRITICAL

Applies to

Notice of motion

For felony and misdemeanor motions involving an evidentiary hearing, the moving party must state on the first page of the notice of motion that live testimony is requested and provide the estimated time needed, or may be denied the right to present live testimony.

B. In felony and misdemeanor motions involving an evidentiary hearing the moving party must specify on the first page of their notice of motion that an evidentiary hearing is requested and the estimate of time needed. Failure to comply with this rule may result in a denial of the right to present live testimony.

CRITICAL

Applies to

Moving pleading and supporting declarations

A Request for Order or Notice of Motion and all supporting declarations must state in full every fact relied upon for the requested relief.

The Request for Order of Notice of Motion and its supporting declaration and such other declarations in support of the relief requested must set forth in full all facts upon which the moving party relies in support of the relief requested.

CRITICAL

Applies to

Wage assignment

A wage assignment that includes arrears must include Judicial Council Form FL-420.

If arrears are included in the wage assignment, the mandatory Judicial Council form Declaration of Arrearages pursuant to Family Code section 5230.5 must be included (Form FL-420).

CRITICAL

Applies to

Notice

A notice filed by minor’s counsel must state the proposed action, counsel’s willingness or ability to pursue it, and whether specialized counsel, a guardian ad litem, agency joinder, or further investigation may be necessary or appropriate.

If the person filing the notice is the counsel for the minor, the motion shall state what action on the child’s behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child’s behalf, whether the association of counsel specializing in practice before that agency or court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed actions, whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare & Institutions Code Section 362 may be appropriate or necessary to protect or pursue the child’s interests and whether further investigation may be necessary.

CRITICAL

Applies to

Non routine ex parte application

Must include

certificate of service

A completed notice declaration must accompany every non-routine ex parte application, and omission of the form results in summary denial.

The completed Declaration re Notice of Ex Parte Application form shall be submitted to the judge or referee with the ex parte application. An ex 76 parte application which is submitted to the judge or referee without the Declaration re Notice of Ex Parte Application form will be summarily denied.

CRITICAL

Applies to

Petition to administer estate

A Petition to Administer Estate involving a will with trust distributions must provide notice to all trust-related recipients and file a properly authenticated copy of the trust with the petition.

When a Petition to Administer Estate seeks to admit to probate a will which contains distributions to a trust, notice to all trustees, successor trustees, beneficiaries, and contingent beneficiaries of the trust must be given of the Petition to Administer Estate. A properly authenticated copy of the trust must also be filed with the Petition to Administer.

CRITICAL

Applies to

Wage assignment hearing application

A wage-assignment hearing application must include the court or administrative wage assignment and a current Income and Expense Declaration.

An application for a hearing on a wage assignment must include a copy of the court or administrative wage assignment, and a current Income and Expense Declaration.

CRITICAL

Applies to

Complaint

A written complaint must be submitted to the court where the matter is pending.

Any written complaint shall be submitted to the court in which the matter is pending.

CRITICAL

Applies to

Proposed order

The proposed order must identify the documents requiring the elisor’s signature, and copies of those documents must be attached.

The order must expressly identify the documents to be signed and a copy of the documents must be attached to the proposed order.

CRITICAL

Applies to

Form

Every form filed for an attorney or self-represented party must include a current email address for that filer.

Each form submitted for filing must also include a current email address for the attorney or self-represented party on whose behalf the form is submitted

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, an accounting is required when assets will be distributed to a trustee, conservator, or guardian.

D. Accounting if distribution to trustee, conservator or guardian. An accounting if assets are to be distributed to a trustee, conservator or guardian.

CRITICAL

Applies to

Judgment

Must include

proposed order

A default or uncontested-matter judgment must be submitted with the listed forms, declarations, fee documentation, proposed judgment, notice of entry, and envelopes, subject to the stated exceptions and conditions.

Judgments on default or uncontested matters must be submitted with the following documents: 1. A Declaration for Default or Uncontested Dissolution or Legal Separation (Family Law form FL-170). 2. A Declaration of Service of a Preliminary Declaration of Disclosure (form FL-141). 3. A Proof of Service of a Final Declaration of Disclosure, unless such declaration is waived. Family Code sections 2103 - 2104. 4. If a Response has previously been filed, form FL-130 Appearance, Stipulations, and Waivers, unless there is an executed written Stipulation or Marital Settlement Agreement that the matter may be treated on an uncontested basis. 5. A current and complete Income and Expense Declaration (form FL-150 or form FL-155) and/or a Property Declaration (form FL-160), when required by California Rules of Court, rules 5.124 and 5.128. 6. If fees have been previously waived as to either party, an updated fee waiver application for BOTH parties, or the payment of fees by either party having the ability to do so. 7. A proposed judgment (form FL-180) conforming to Paragraph D of this Local Rule 5.06. 8. A Notice of Entry of Judgment (form FL-190), together with pre-addressed stamped envelopes to both parties.

CRITICAL

Applies to

Request for order or notice of motion

Must include

statement of facts

The moving party's Request for Order or Notice of Motion and supporting declarations must state in full all facts relied upon for the requested relief.

D. Contents of pleadings. The Request for Order of Notice of Motion and its supporting declaration and such other declarations in support of the relief requested must set forth in full all facts upon which the moving party relies in support of the relief requested.

CRITICAL

Applies to

Income expense declaration

In Department of Child Support Services cases seeking to establish or modify support, all parents must file and serve an Income and Expense Declaration with required supporting documents no later than nine court days before the hearing.

However, in cases wherein support is either sought to be established or modified by the Department of Child Support Services, all parents shall file and serve an Income and Expense Declaration with required supporting documents not later than nine (9) court days before the hearing date.

CRITICAL

Applies to

Appointment petition

The appointment petition must be filed before it is presented at the ex parte hearing.

The petition for appointment of a special administrator or a temporary conservator or guardian must also be filed before its presentation at the ex parte hearing.

CRITICAL

Applies to

Judgment

Any parenting plan must be included in its entirety in the judgment, unless the referenced document is attached and the parties are ordered to carry out its terms.

The parenting plan must be set forth in its entirety in the judgment. It cannot be included by reference to a marital settlement agreement, mediated agreement, or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms.

CRITICAL

Applies to

Form

Each filed form must include the filing party’s current email address even if the form labels that information optional.

Each form submitted for filing must also include a current email address for the attorney or self-represented party on whose behalf the form is submitted, regardless of any “optional” reference that may be printed on the form.

CRITICAL

Applies to

Judgment

A judgment involving agreed child support that deviates from guidelines must comply with Family Code Sections 4057 and 4065; when the requesting party receives public assistance, the judgment must include the local child support agency's written consent and make the support order payable to that agency.

If the parties have agreed on child support and the amount of support deviates from guidelines, the judgment must comply with Family Code Sections 4057 and 4065. If a party requesting support is receiving public assistance, the judgment must include the written consent of the local child support agency and any support order must be made payable to that agency.

CRITICAL

Applies to

Elisor application

Must include

proposed order

An elisor application and proposed order must use the prescribed designation and identify the party and signing capacity; the application may be made ex parte but cannot name a specific court employee.

A. The application and proposed order must designate “The Clerk of the Court or Designee” as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document. An application for appointment of an elisor may be made ex parte. The application must not set forth a specific court employee.

CRITICAL

Applies to

Judicial council form fl 324 np

Nonprofessional supervised visitation providers must file Judicial Council Form FL-324(NP) with the judicial secretary before commencing services and comply with Family Code section 3200.5.

Nonprofessional Providers who provide supervised visitation services shall file Judicial Council Form FL-324(NP) with the judicial secretary prior to commencing supervised visitation services and shall comply with Family Code section 3200.5.

CRITICAL

Applies to

Affidavit or declaration

An ex parte application will not be granted when its affidavit or declaration lacks a sufficient factual basis for the requested order.

If the affidavit or declaration does not contain a sufficient factual basis for a particular order, it will not be granted.

CRITICAL

Applies to

Pretrial statement

Both parties must file and serve a Pretrial Statement for a matter set for a settlement conference or contested trial.

F. Pretrial Statement. Where a matter is set for a settlement conference or contested trial, either short or long cause, both parties must file and serve a “Pretrial Statement” at least ten (10) court days prior to the trial date or settlement conference whichever first occurs.

CRITICAL

Applies to

Status and fccr conference questionnaire

Each party must file and serve a Status and FCCR Conference Questionnaire at least 10 calendar days before the conference, with noncompliance potentially resulting in sanctions.

B. Status and FCCR Conference Questionnaire (FL-20). At least ten (10) calendar days prior to the Case Resolution Conference, each party shall file with the court and serve on the other party a status and FCCR Conference Questionnaire (FL- 20). Failure to file and serve the Status and FCCR Conference Questionnaire may result in sanctions.

CRITICAL

Applies to

Non routine ex parte application

Must include

certificate of service

Any contention that advance notice is unnecessary must be supported with grounds stated on the notice declaration form.

If the applicant contends that advanced notice to one or more other counsel should not be required, the grounds upon which this contention is based shall be specified on the Declaration re Notice of Ex Parte Application form.

CRITICAL

Applies to

Exhibit list

An exhibit list must be served and filed for the pretrial conference.

Exhibit lists;

CRITICAL

Applies to

Certification of compliance with marsys law

Must include

local rule certificate

In every pending criminal case, the prosecuting agency must file a LOCAL CL1 Certification of Compliance with Marsy’s Law with the initial complaint or as soon thereafter as practically possible.

In every pending criminal case, the prosecuting agency shall file with the initial complaint or as soon thereafter as practically possible, a Certification of Compliance with Marsy’s Law utilizing the LOCAL CL1 form appended to these rules.

CRITICAL

Applies to

Writ of execution application

Must include

proposed order

A writ-of-execution application must include a compliant affidavit and a proposed order issuing the writ.

An application for a Writ of Execution must be accompanied by an affidavit meeting the requirements of Family Code Section 5104 and a proposed court order to issue the writ under Family Code Section 290.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must state whether surplus cash was kept in interest-bearing accounts.

Interest-bearing accounts. Whether surplus cash was kept in interest-bearing accounts.

CRITICAL

Applies to

Proposed written voir dire

Proposed written voir dire questions for the trial judge must be served and filed for the pretrial conference.

Proposed written voir dire, questions for the trial judge;

CRITICAL

Applies to

Notice

Notice to the court may be filed using Judicial Council form JV-100/JV-180 or a declaration, which must state the interest or right, the relevant agency or forum and its address if known, and the nature of related proceedings.

Notice to the court may be given by the filing of Judicial Council form JV- 100/JV-180 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which 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

Income and expense declaration

A current and complete Income and Expense Declaration is required for a trial or hearing when a party’s financial circumstances are relevant.

A current and complete Income and Expense Declaration is required for any trial or hearing in which the financial circumstances of one or more of the parties is relevant.

CRITICAL

Applies to

Fccr conference stipulation

Parties may not stipulate to resetting, advancing, or setting an FCCR Conference without a court order, although courts are expected to grant requests in cases progressing satisfactorily.

The parties or their attorneys, if any, may not stipulate to a reset/advance/set of the FCCR Conference without order of the court. If the case is progressing to the satisfaction of the court, these requests will be granted.

CRITICAL

Applies to

Stipulation for judgment

A stipulation for judgment must comply with California Rules of Court rule 5.411.

A stipulation for judgment must comply with California Rules of Court, rule 5.411.

CRITICAL

Applies to

Order or judgment

A judge’s or commissioner’s signature on an order or judgment must include the title “Judicial Officer, Nevada County Superior Court.”

Signatures by a judge or commissioner on any order or judgment shall state “Judicial Officer, Nevada County Superior Court.”

CRITICAL

Applies to

Motion brief

When a Penal Code 995 or 1538.5 motion relies on testimony from a prior transcript, the motion must identify the testimony by transcript page and line number.

2. Where the moving party intends to rely upon some testimony in a transcript of prior proceedings, reference to such testimony identified as to page and line number in the transcript;

CRITICAL

Applies to

Ex parte application for out-of-state travel or medical/dental care

Routine ex parte applications must include party and counsel contact information, consent and notice efforts, any parental refusal and known grounds, and efforts to locate an unavailable parent or guardian.

All such ex parte applications shall include the following information: 63 Superior Court of the State of California, County of Nevada A. Name and address. The name and address of each party to the action, and the name and address of each party’s counsel; B. Effort to obtain consent. The efforts made to obtain the consent of and/or give notice to the parents or guardians of the minor of the proposed travel or medical/dental care; C. Refusal noted. If a parent or guardian has refused to agree to the proposed travel or to give consent to medical/dental care, that fact shall be noted on the application, including the ground for the parent/guardian’s refusal, if known; D. Efforts to locate. For any parent or guardian whom Child Protective Services was unable to locate to give notice and/or obtain consent, a description of the efforts made to locate the parent/guardian; the fact the minor’s counsel has been notified of the proposed travel or medical/dental care, and said counsel’s position on the proposed travel or medical/dental. When presented with an ex parte application for order authorizing out-of-state travel or medical/dental

CRITICAL

Applies to

Responsive pleading and supporting declarations

A Responsive Declaration and all supporting declarations must state in full every fact relied upon for the response.

The Responsive Declaration to the Request for Order or Notice of Motion and such other declarations in support of the party’s response must set forth in full all facts upon which the responding party relies in support of the response.

CRITICAL

Applies to

Final distribution petition

For distribution to a minor or incompetent person, the filing must include either facts showing compliance with Probate Code sections 3400 et seq. or current certified copies of conservatorship or guardianship letters.

Distribution to minor or incompetent. If distribution is to be made to a minor or incompetent, either facts showing compliance with Probate Code sections 3400 et seq. or current certified copies of letters of conservatorship or guardianship shall be filed.

CRITICAL

Applies to

Proof of subscribing witness

If a will’s attestation clause lacks the specified non-duress, menace, fraud, or undue-influence language or substantially similar wording, a proof of subscribing witness must be filed to prove the will.

If the attestation clause of any will sought to be admitted to probate does not contain language stating that the testator “was not acting under duress, menace, fraud, or undue influence,” or language substantially similar thereto, a proof of subscribing witness must be filed in order to prove the will.

CRITICAL

Applies to

Settlement conference statement

The first page of each settlement conference statement must state the conference date and time and the trial date immediately below the case number.

The first page of each settlement conference statement shall specify, immediately below the number of the case, (1) the date and time of the settlement conference, and (2) the trial date.

CRITICAL

Applies to

Memo

Within 35 calendar days after adoption is granted, the County must file a termination-of-dependency memorandum with mandatory Judicial Council Form JV-364.

within thirty-five (35) calendar days after an adoption is granted, the County shall file a memo to the court seeking termination of dependency along with the mandatory Judicial Council Form JV-364, Termination of Dependency.

CRITICAL

Applies to

Notice

An appointed attorney must give the client written notice of the complaint procedure within ten days of appointment, provide evidence of that notice to the court within ten days of the court’s request, and use local form JV9; for minors, the notice goes to the current caretaker and, if the minor is at least 12, also to the minor.

Each appointed attorney shall give written notice to their adult client of the procedure for lodging complaints with the court concerning the performance of an appointed attorney. The notice shall be given to the client within ten (10) days of the attorney’s appointment to represent the client, and evidence that a copy of said notice was given or mailed to the client shall be provided to the court within ten (10) days of the Court’s request. In the case of a minor client, the notice shall be mailed or given to the current caretaker of the child. If the minor is 12 years of age or older, a copy of the notice shall also be sent or given to the minor. The notice shall be in the form set out in local form JV9 Notice of Procedure for Lodging Complaints.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must disclose liabilities and other matters necessary to show the estate’s condition.

Condition of estate. Disclosure of liabilities and other matters necessary to show the condition of the estate.

CRITICAL

Applies to

Order after hearing

The order after hearing must recite the Court’s order verbatim and must not include tentative ruling procedures.

Pursuant to California Rules of Court, Rule 3.1312, the order after hearing shall recite the Court’s order verbatim, but the tentative ruling procedures shall not be included in the order after hearing.

CRITICAL

Applies to

Non routine ex parte application

Must include

certificate of service

Notice to opposing counsel for a non-routine ex parte order must be stated on the designated declaration form.

The notice given to the other counsel regarding the ex parte application for a non- routine order shall be stated on the declaration re notice of ex parte application form attached as Appendix I.

CRITICAL

Applies to

Certification of compliance marsys law

In every pending criminal case, the prosecuting agency must file a Marsy’s Law Certification of Compliance using the LOCAL CL1 form with the initial complaint or as soon as practically possible thereafter.

In every pending criminal case, the prosecuting agency shall file with the initial complaint or as soon thereafter as practically possible, a Certification of Compliance with Marsy’s Law utilizing the LOCAL CL1 form appended to these rules.

CRITICAL

Applies to

Support hearing support calculation printout

Each party must submit a Judicial Council-approved support-calculation printout reflecting proposed findings by the start of a child-support or temporary spousal-support hearing, and a party seeking a guideline deviation must plead the factual basis and proposed support amounts.

For all child support hearings, and for temporary spousal support hearings, each party must submit a printout using a Judicial Council- approved support calculation computer program. Each party shall submit the printout at or before the beginning of the hearing. The report shall reflect the party’s proposed findings on the issues to be decided. In the event either party seeks a support order which deviates from the statewide uniform child support guidelines, that party shall set forth the factual basis for the deviation request in their pleadings and the proposed amounts of child and / or spousal support.

CRITICAL

Applies to

Account

Every probate, guardianship, conservatorship, and trust account must summarize gains from sales or other dispositions of assets.

C. Gain on sales or other disposition of assets.

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for the 12-month permanency hearing.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 3. 12 month permanency hearing.

CRITICAL

Applies to

Notice of limited scope representation FL 950

A party and attorney under a limited-representation agreement must promptly file Judicial Council form FL-950.

In the event a party is represented by an attorney and the party’s agreement with their attorney is one of limited representation, the party and attorney shall promptly file a Notice of Limited Scope Representation (Judicial Council Form FL-950).

CRITICAL

Applies to

Earnings withholding order hearing request

In all Title IV-D cases, the Department of Child Support Services must file a copy of the administratively issued order or notice to withhold income when a hearing is requested.

In all Title IV-D cases, the Department of Child Support Services shall file a copy of the administratively issued order/notice to withhold income whenever a hearing concerning the order/notice to withhold income for child support is requested.

CRITICAL

Applies to

Ex parte application to calendar and order form

An ex parte application to calendar and order may only place, change, or continue a hearing date and may not substitute for a Section 388 petition, formal motion, or supporting points and authorities.

The ex parte application to calendar and order form has no purpose other than to place, change, or continue a hearing date on the Court’s calendar. The ex parte application to calendar and order form is not a substitute for a Welfare & Institutions Code Section 388 petition, a formal written motion, or supporting points and authorities.

CRITICAL

Applies to

Pleadings or at issue memorandum

The pleadings or At Issue Memorandum must plainly state the CCRC date and any CCRC orientation requirement.

The CCRC date and any requirement for CCRC orientation shall be plainly stated on the face of the pleadings or At Issue Memorandum.

CRITICAL

Applies to

Title iv d earnings withholding hearing request

In every Title IV-D case, the Department of Child Support Services must file the administratively issued withholding order or notice when a hearing concerning it is requested.

In all Title IV-D cases, the Department of Child Support Services shall file a copy of the administratively issued order/notice to withhold income whenever a hearing concerning the order/notice to withhold income for child support is requested.

CRITICAL

Applies to

Motion brief

A Penal Code 995 or 1538.5 motion must include a concise statement of the alleged facts supporting it and, when relevant, alleged facts establishing standing.

1. A concise statement of all alleged facts upon which the moving party intends to rely in support of the motion. Said statement shall include, if relevant, facts allegedly asserting the moving party’s standing to bring the motion. In the case of a motion to suppress evidence, a specific statement of the factual and legal basis of the motion is required in the first instance, subject to the requirements of People v. Williams;

CRITICAL

Applies to

Affidavit or declaration

Affidavits and declarations may not be supplemented orally at the ex parte hearing.

The Court shall not permit oral augmentation of affidavits or declarations at the time of the ex parte hearing.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Unless the court directs otherwise, the moving attorney or self-represented party must prepare a written order after a law-and-motion hearing.

Unless otherwise directed by the Court, the moving attorney or self-represented party shall prepare a written order after hearing following any hearing on the law and motion calendar in accordance with California Rules of Court, Rule 5.125.

CRITICAL

Applies to

Petition for final distribution

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

I. Proration of taxes and costs. A schedule showing the proration of taxes, fees and costs.

CRITICAL

Applies to

Pleading

Must include

caption

All pleadings must use the caption “Superior Court of the State of California, County of Nevada.”

The caption to be used for all pleadings shall state “Superior Court of the State of California, County of Nevada”.

CRITICAL

Applies to

Income and expense declaration

An Income and Expense Declaration must have all blanks completed and required attachments, including wage stubs and a cash flow statement for self-employment and investment income.

An Income and Expense Declaration is complete if all blanks are filled in and all required attachments are attached. Required attachments include, but are not limited to, (i) wage stubs showing year-to-date earnings (or last three (3) pay stubs) for all employment and (ii) a cash flow statement for all self-employment and investment income showing cash received and cash expended.

CRITICAL

Applies to

Ex parte minor custody change order application

An ex parte minor-custody-change application must allege clearly and specifically that the children’s health and welfare require immediate custody changes and explain why shortening time would be unreasonable.

An application for an ex parte order to change custody of any minor child(ren) must be supported by an affidavit or declaration showing by clear, specific allegations that the health and welfare of the child(ren) require the immediate change of custody, and stating why an order shortening time would not be reasonable.

CRITICAL

Applies to

Earnings withholding order hearing request

A request for a hearing on an earnings withholding order must be filed using Judicial Council form FL-450.

A request for hearing shall be filed using the mandatory judicial council form FL-450.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must state that income taxes and other taxes have been paid or otherwise provided for.

Income taxes. That income taxes and other taxes have been paid or otherwise provided for.

CRITICAL

Applies to

Declaration re notice of ex parte application

Notice to opposing counsel for a non-routine ex parte application must be stated on the Appendix I declaration re notice of ex parte application form.

The notice given to the other counsel regarding the ex parte application for a non-routine order shall be stated on the declaration re notice of ex parte application form attached as Appendix I.

CRITICAL

Applies to

Medical report

In a personal injury or wrongful death case, each attorney must bring a copy of every pertinent medical report to the settlement conference.

In a personal injury or wrongful death case, each attorney shall bring to the conference a copy of each medical report that pertains to the case.

CRITICAL

Applies to

Proposed order

The originals submitted for the elisor’s signature must match the copies attached to the proposed order.

The original documents presented for signature by the elisor must match the copy of the documents attached to the proposed order.

CRITICAL

Applies to

Exhibits

Non-stipulated exhibits exceeding ten must be pre-marked and indexed, with copies provided for every other party and the trial judge.

In cases where a party’s non-stipulated exhibits are more than ten (10) in number (excluding stipulated exhibits), the non-stipulated exhibits must be pre-marked for identification, and indexed. In addition to the original document, the proffering party must have a copy for each other party and for the trial judge.

CRITICAL

Applies to

Support hearing printout

At child support and temporary spousal support hearings, each party must submit a Judicial Council-approved support-program printout at the beginning of the hearing reflecting proposed findings.

C. Support hearings. For all child support hearings, and for temporary spousal support hearings, each party must submit a printout using a Judicial Council-approved support computer program and submit the printout at the beginning of the hearing that reflects the party’s proposed findings on the issues to be decided.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition and judgment must fully describe assets on hand, including parcel numbers and legal descriptions of real property, and state whether property is community or separate and, when applicable, its source under Section 6402.5.

Assets. A list containing a full and complete description of all assets on hand that are to be distributed is to be set forth in the petition as well as the judgment of distribution. Said description is to include the assessor’s parcel number and a legal description of all real property to be distributed. The petition shall allege whether the property is community or separate. Where the distribution is made pursuant to Section 6402.5, the source of the property shall be alleged.

CRITICAL

Applies to

Judgment

Support provisions must state the amount ordered and commencement date, spousal-support termination date when applicable, and each supported child’s name and date of birth for child-support provisions.

Support provisions must include the amount ordered, the commencement date, and for spousal support, the termination date, if any. Child support provisions must include the name and date of birth of each supported child.

CRITICAL

Applies to

Income and expense declaration

An Income and Expense Declaration is complete only when every blank is completed and required attachments, including employment wage stubs and self-employment or investment cash-flow statements, are included.

3. An Income and Expense Declaration is complete if all blanks are filled in and all required attachments are attached. Required attachments include, but are not limited to, (i) wage stubs showing year-to-date earnings (or last three (3) pay stubs) for all employment and (ii) a cash flow statement for all self-employment and investment income showing cash received and cash expended.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition must provide facts establishing each heir’s or devisee’s entitlement to the proposed estate distribution, including information about predeceased children.

B. Entitlement to distribution. Facts specifically showing the entitlement of each heir or devisee to the portion of the estate to be distributed to that heir or devisee, including any information concerning predeceased children.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, a final-distribution petition and judgment must fully describe distributable assets, including parcel numbers and legal descriptions of real property, whether property is community or separate, and, when applicable under Section 6402.5, its source.

A. Assets. A list containing a full and complete description of all assets on hand that are to be distributed is to be set forth in the petition as well as the judgment of distribution. Said description is to include the assessor’s parcel number and a legal description of all real property to be distributed. The petition shall allege whether the property is community or separate. Where the distribution is made pursuant to Section 6402.5, the source of the property shall be alleged.

CRITICAL

Applies to

Account

Every probate account, including guardianship, conservatorship, and trust accounts, must include a summary or recapitulation showing the specified beginning amount, receipts, gains, disbursements, losses, and property on hand.

All accounts filed in probate proceedings, including guardianship, conservatorship and trust accounts, shall contain a summary or recapitulation showing: A. Amount of inventory and appraisement, if first account, or amount chargeable from prior court. B. Amount of receipts excluding capital items. C. Gain on sales or other disposition of assets. D. Amount of disbursement. E. Loss on sales or other disposition of assets. F. Amount of property on hand.

CRITICAL

Applies to

Non-routine ex parte application

Non-routine ex parte applications require adequate advance notice to all counsel under Rule 6.05.5.

All non-routine ex parte applications must be made only upon adequate advance notice to all counsel in accordance with this rule.

CRITICAL

Applies to

Petition for final distribution

N. Actions under IAEA. All capital transactions and other actions taken under the Independent Administration of Estates Act, including the amounts of any gains or losses.

N. Actions under IAEA. All capital transactions and other actions taken under the Independent Administration of Estates Act, including the amounts of any gains or losses.

CRITICAL

Applies to

Protective order application with financial requests

A protective-order application making financial requests must be accompanied by an Income and Expense Declaration completed under Local Rule 5.11(B).

An application for a protective order which additionally contains financial requests (including, but not limited to child support, spousal support, payment of bills, and/or attorney’s fees) shall be accompanied by an Income and Expense Declaration completed as provided in Local Rule 5.11(B).

CRITICAL

Applies to

Assignment of interest

When distribution is made under an assignment of interest, the assignment must be filed and acknowledged, and the consideration must be described.

Assignment of interest. If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

CRITICAL

Applies to

Contempt motion

Parents seeking financial compensation for thwarted visitation or failure to provide caretaker responsibility must comply with Family Code Section 3028 and state that compliance in the moving papers.

Parents seeking financial compensation for a thwarted visitation or a parent’s failure to provide caretaker responsibility must comply with Family Code Section 3028 and shall state such compliance in moving papers.

CRITICAL

Applies to

Certification of competency

Attorneys of record in pending dependency matters who believe they meet the competency standards had to submit a Certification of Competency to the court by January 31, 1997.

Each attorney of record for a party to a dependency matter pending before the court on January 1, 1997, who believes they meet the minimum standards of competency shall complete and submit to the court, on or before January 31, 1997, a Certification of Competency as set forth in Appendix I to these rules.

CRITICAL

Applies to

Ex parte application

An ex parte application must include a notice declaration identifying notice given and whether opposition is expected, documenting good-faith efforts if notice could not be provided, or specifying reasons notice should not be required.

C. Notice Required. An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given (including the date, time, manner, and name of the party informed), and whether opposition is expected; (2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or (3) That, for reasons specified, the applicant should not be required to inform the opposing party.

CRITICAL

Applies to

Proposed judgment or order

A proposed judgment or order must comply with Local Rule 5.06(D).

The proposed judgment or order must comply with Local Rule 5.06(D).

CRITICAL

Applies to

Written report

During the CASA volunteer's appointment, a written report must be provided to the court for the 18-month permanency hearing.

For hearings during the time of appointment, the CASA volunteer must provide a written report to the court on the following hearings: 4. 18 month permanency hearing.

CRITICAL

Applies to

Account

The quote identifies the amount to state: the inventory and appraisement for a first account, or the amount chargeable from the prior court.

A. Amount of inventory and appraisement, if first account, or amount chargeable from prior court.

CRITICAL

Routine ex parte applications must include party and counsel contact information, consent and notice efforts, any parental refusal and known grounds, and efforts to locate an unavailable parent or guardian together with notice to and the position of minor's counsel.

All such ex parte applications shall include the following information: A. Name and address. The name and address of each party to the action, and the name and address of each party’s counsel; B. Effort to obtain consent. The efforts made to obtain the consent of and/or give notice to the parents or guardians of the minor of the proposed travel or medical/dental care; C. Refusal noted. If a parent or guardian has refused to agree to the proposed travel or to give consent to medical/dental care, that fact shall be noted on the application, including the ground for the parent/guardian’s refusal, if known; D. Efforts to locate. For any parent or guardian whom Child Protective Services was unable to locate to give notice and/or obtain consent, a description of the efforts made to locate the parent/guardian; the fact the minor’s counsel has been notified of the proposed travel or medical/dental care, and said counsel’s position on the proposed travel or medical/dental.

CRITICAL

Applies to

Stipulation to establish or modify child support

A stipulation establishing or modifying temporary child support must use the mandatory FL-350 form.

C. Stipulations to establish/modify child support. Stipulations concerning temporary child support must use the mandatory FL-350 Stipulation to Establish or Modify Child Support and Order.

CRITICAL

Applies to

Income tax returns

Income tax returns generally may not be attached or filed without a court order, but the last three years of state and federal returns must be produced at the hearing or trial, with copies exchanged at least five days before the appearance.

5. Income tax returns shall not be attached or filed, except on court order, but the last three (3) year’s state and federal tax returns (either individual or joint) must be produced at the hearing or trial by the party in possession of the same, or any copy. Copies of the returns must be exchanged at least five (5) days prior to the court appearance.

CRITICAL

Applies to

Evaluator qualification form

Must include

local rule certificate

A child custody evaluator must file the Judicial Council Form FL-326, unless the evaluator is a court-connected employee required to file it annually.

When a child custody evaluator is appointed, whether or not by stipulation, the court must set the matter for review at the earliest time after expiration of ten (10) days from notice of the appointment, for the purpose of confirming receipt and filing of the evaluator’s Judicial Council form Declaration of Child Custody Evaluator Regarding Qualifications (Form FL-326), unless the person appointed is a court-connected employee who is required to annually file such form.

CRITICAL

Applies to

Account

Every probate, guardianship, conservatorship, and trust account must summarize losses from sales or other dispositions of assets.

E. Loss on sales or other disposition of assets.

CRITICAL

Applies to

Supporting affidavit or declaration

An affidavit or declaration supporting an order shortening time generally must state facts establishing good cause.

As a general rule, an affidavit or declaration in support of an order shortening time must set forth facts showing good cause.

CRITICAL

Applies to

Motion brief

A motion under Penal Code Section 995 must specifically identify the claimed defect in the magistrate’s order.

4. Where the motion is under Penal Code Section 995, a specific identification of the defect argued to be in the Magistrate’s order.

CRITICAL

Applies to

Stipulations

Any stipulations on factual or legal issues must be served and filed for the pretrial conference.

Any stipulations on factual or legal issues; and

CRITICAL

Applies to

Billing statement

Itemized billing statements are required for extraordinary commissions and fees in probate matters and trustee’s fees in trust matters, showing the service date, description, time spent, and charge for each item.

In keeping with those rules, this court requires itemized billing statements for extraordinary commissions and fees in probate matters and trustee’s fees in trust matters. The itemized billings are to include the date of services rendered, a description of services rendered, time spent, and total charged for each item.

CRITICAL

Applies to

Ex parte order or order shortening time application

An ex parte or order-shortening-time application must include a written affidavit or declaration identifying opposing counsel and explaining notice or the reason notice was not given.

An application for an ex parte order or an order shortening time must be accompanied by a written affidavit or declaration informing the judge if the opposing party is represented by an attorney and explaining that notice to the other party was given as required by these rules, the manner and content of the notice given, or if not given, stating the reason notice has not been given.

CRITICAL

Applies to

Judgment

The judgment must include all required attachments, including Judicial Council form FL-192.

The judgment must have all required attachments, including Judicial Council form FL-192.

CRITICAL

Applies to

Non iv d wage assignment

In non-IV-D cases, a wage assignment submitted for signature must provide for mailing the check to the State Disbursement Unit and include completed form FL-191.

All wage assignments (orders to withhold income for child support) submitted to the court for signature in non-IV-D cases must provide that the check be mailed to the State Disbursement Unit (SDU) and must be accompanied by a completed Child Support Case Registry form (FL-191).

CRITICAL

Applies to

Ex parte discovery application

Ex parte discovery applications must comply with California Rules of Court 3.1200 through 3.1207.

Ex parte applications concerning discovery must comply with California Rules of Court, Rules 3.1200-3.1207.

CRITICAL

Applies to

Ex parte application to calendar and order form

A hearing is calendared by submitting the ex parte application to calendar and order form to the assigned judge or referee.

An ex parte application to calendar a hearing is made by submission of the ex parte application to calendar and order form to the judge or referee in whose courtroom the case is assigned.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition must include a schedule of claims, and rejected claims require the rejection date, original notice of rejection, and affidavit of mailing to the creditor.

F. Schedule of claims. A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice of rejection with affidavit of mailing to the creditor must be filed.

CRITICAL

Applies to

Wage assignment

A wage assignment submitted for signature must include Judicial Council Form FL-430.

A. Wage Assignments. When submitting a wage assignment for signature, the wage assignment must be accompanied by the mandatory Judicial Council form Ex Parte Application for Wage and Earnings Assignment Order (Form FL-430).

CRITICAL

Applies to

Income expense declaration

A party receiving or applying for public assistance must disclose that fact in the declaration and notify the applicable county child support agency at least ten days before the hearing, unless the court shortens the notice period.

If a party is receiving public assistance, or if an application for public assistance is pending, that fact must be disclosed in the declaration and the party receiving such public assistance must notify the local child support agency of the applicable county at least ten (10) days prior to the hearing unless such notice is shortened by the Court.

CRITICAL

Applies to

Judgment

A child-support judgment that deviates from guidelines must comply with Family Code sections 4057 and 4065, and when the requesting party receives public assistance, the judgment must include the local child support agency’s written consent and make support payable to that agency.

If the parties have agreed on child support and the amount of support deviates from guidelines, the judgment must comply with Family Code sections 4057 and 4065. If a party requesting support is receiving public assistance, the judgment must include the written consent of the local child support agency and any support order must be made payable to that agency.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must include a computation of the attorney’s fees and personal representative commissions requested.

Computation of fees and commissions. A computation of the attorney’s fees and personal representative commissions requested.

CRITICAL

Applies to

Declaration

All declarations must be based on the declarant's personal knowledge.

All declarations shall be based upon personal knowledge of the declarant.

CRITICAL

Applies to

Schedule of assets and debts

Form FL-142 must include every attachment required by the form; merely listing assets when attachments are required does not comply.

C. Schedule of Assets and Debts. A Schedule of Assets and Debts (Form FL-142) shall include all attachments required by that form. It is not compliance with this rule to simply list assets in cases in which attachments are required.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must include a claim schedule with claimant names, amounts, presentation and allowance dates, payment dates when applicable, and rejection dates, with the original rejection notice and mailing affidavit filed for rejected claims.

Schedule of claims. A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth, and the original of the notice of rejection with affidavit of mailing to the creditor must be filed.

CRITICAL

Applies to

Petition for final distribution

Unless set forth in the account and report, the petition must identify separate and community property and state the basis for that characterization.

J. Statement re separate and community property. A statement of what property is separate and what is community and the basis for such characterization.

CRITICAL

Applies to

Contempt motion

For a contempt motion alleging failure to reimburse extraordinary health care costs, the moving party must comply with Family Code Section 4063 and state that compliance in the moving papers.

Prior to issuing an Order to Show Cause in Re Contempt involving an allegation that a party failed to reimburse for extraordinary health care costs, the court requires the moving party to comply with Family Code Section 4063 and shall state such compliance in the moving papers.

CRITICAL

Applies to

Schedule of assets and debts

Must include

exhibit list

A Schedule of Assets and Debts must include every attachment required by Form FL-142; merely listing assets is insufficient when attachments are required.

A Schedule of Assets and Debts (Form FL-142) shall include all attachments required by that form. It is not compliance with this rule to simply list assets in cases in which attachments are required.

CRITICAL

Applies to

Brief preliminary evaluation report

A brief preliminary mental-competency evaluation may be conducted by a forensic psychiatrist, whose written report must be submitted to the relevant mental health court with identifying information, competency reasoning, observed symptoms, functional ability, medication analysis when applicable, and the psychiatrist’s signature.

The evaluation shall be memorialized in a written report, which shall be submitted to the mental health court in which the defendant’s competency case is pending. The report shall specify the defendant’s name, the date of the evaluation, and the case number or numbers. The report shall also specify the reasons for the psychiatrist’s opinion as to the defendant’s competence, including observed symptoms, and the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder. If the psychiatrist opines that the defendant is not competent to stand trial, the report shall address the issues regarding antipsychotic medication as specified in Penal Code Section 1369(a). The report shall be signed by the psychiatrist.

CRITICAL

Applies to

Petition

A formal probate petition involving property passing or confirmed to a surviving spouse must include a written election considering the alternative procedures and expressly acknowledging possible additional appraisal fees, commissions, and attorney’s fees.

Formal probate of community, quasi-community, or separate property passing or confirmed to a surviving spouse in a decedent’s estate pursuant to Probate Code Section 13502 must be supported by a written election expressly indicating a consideration of the alternative procedures available pursuant to section 13650. Written elections made pursuant to Section 13502 shall 100 ===== PAGE 116 ===== contain an express acknowledgment that the inclusion of the property passing to or belonging to the surviving spouse in the probate estate could result in additional appraisal fees, commissions, and attorney’s fees.

CRITICAL

Applies to

Distribution agreement

When an in-kind distribution is unequal or differs from the will or intestacy rules, a signed and acknowledged agreement by each heir must be filed and referenced in the judgment of distribution.

Agreement of distribution. An agreement to the distribution signed by each heir with each signature acknowledged must be filed if distribution of assets are to be made in kind and all persons will not share equally in each asset or if the distribution sought is other than that provided by the will or by the laws of intestate succession. The judgment of distribution shall include reference to the agreement which is the basis of the distribution.

CRITICAL

Applies to

Final distribution petition

A final-distribution petition must include an accounting when assets will be distributed to a trustee, conservator, or guardian.

Accounting if distribution to trustee, conservator or guardian. An accounting if assets are to be distributed to a trustee, conservator or guardian.

CRITICAL

Applies to

Non routine ex parte application

Must include

certificate of service

If a good-faith attempt to notify opposing counsel fails, the efforts made must be described on the notice declaration form.

If the applicant has made a good faith attempt to inform the other counsel regarding the ex parte application but was unable to do so, the efforts made to inform them shall be specified on the declaration re notice of ex parte application.

CRITICAL

Applies to

Fl 308 agreement and order to reschedule hearing

When the parties agree to reschedule a hearing, they must use form FL-308.

If the parties agree: FL-308 Agreement and Order to Reschedule Hearing

WARNING

Applies to

Income and expense declaration

A party must disclose on the Income and Expense Declaration that the party receives public assistance or has a pending application for it.

If a party is on public assistance, or an application for public assistance is pending, that fact must be disclosed on that party’s Income and Expense Declaration.

WARNING

Applies to

MHCREF Collaborative Courts – Mental Health Court Referral

Form MHCREF, Collaborative Courts – Mental Health Court Referral, is mandatory.

MHCREF Collaborative Courts – Mental Health Court Mandatory 7/1/2025

WARNING

Applies to

Declaration

Hearsay in a declaration may be subject to a motion to strike unless substantiated by a supplemental declaration from the hearsay declarant.

Declarations containing hearsay are subject to a motion to strike unless the hearsay is substantiated by a supplemental declaration by the hearsay declarant.

WARNING

Applies to

Income expense declaration

This requirement does not apply to a Notice of Motion or Request for Order filed by the Department of Child Support Services to establish or modify a child support order.

This requirement shall not apply to either a Notice of Motion or Request for Order to establish or modify a child support order filed by the Department of Child Support Services.

WARNING

Applies to

Pretrial statement

Before obtaining appraisals of real property, personal property, or businesses, the parties must meet and confer in an effort to agree on a joint appraisal.

Before appraisals of real or personal properties or businesses are obtained, the parties are to meet and confer in an effort to agree upon a joint appraisal.

WARNING

Applies to

Petition to administer estate

As an alternative to filing a trust copy, a party or counsel may file a declaration under penalty of perjury identifying the trust’s trustees, successor trustees, beneficiaries, and contingent beneficiaries.

In lieu of filing a copy of the trust, a declaration under penalty of perjury from a party or counsel may be filed stating who the trustees, successor trustees, beneficiaries and contingent beneficiaries of the Trust are.

WARNING

Applies to

Certification of competency

An attorney appearing for the first time in a dependency matter must submit a Certification of Competency within 10 days of the first appearance.

After January 1, 1997, any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of their first appearance in a dependency matter.

WARNING

Applies to

Income and expense declaration

An Income and Expense Declaration is current if it is less than three months old and no material changes have occurred; a declaration older than three months may be treated as current when a no-change declaration is filed.

2. An Income and Expense Declaration is current if it is less than three (3) months between the filing date and the time of hearing, AND there have been no material changes since the date of filing. An Income and Expense Declaration that is more than three (3) months old MAY be considered current if the party files a declaration showing there has been no change of circumstances since the last filing.

WARNING

Applies to

Pretrial statement

A party’s failure to file the Pretrial Statement may allow the complying party to continue the cause and permits sanctions, with sanctions motions heard by the initially assigned settlement-conference judicial officer.

Failure by one party will allow the complying party to continue the cause and/or sanctions to be imposed, as permitted by law. Motions for sanctions under this rule will be heard by the judicial officer to whom the case is initially assigned for settlement conference.

WARNING

Applies to

TR02 Objection to Request for Postponement

Form TR02, Objection to Request for Postponement, is mandatory.

TR02 Objection to Request for Postponement Mandatory 7/1/2025

WARNING

Applies to

Pretrial statement

Requests for attorney’s fees and costs should include a brief description of the basis for the request and an itemization of services rendered.

Any request for attorney’s fees and costs should be supported by a brief description of the basis for the request, including an itemization of services rendered.

WARNING

Applies to

Non stipulated exhibits

When a party has more than 10 non-stipulated exhibits, excluding stipulated exhibits, the exhibits must be pre-marked for identification and indexed.

In cases where a party’s non-stipulated exhibits are more than ten (10) in number (excluding stipulated exhibits), the non-stipulated exhibits must be pre-marked for identification, and indexed.

WARNING

Applies to

Motion response

Unless authorized by law or the court, filings in response to a motion are limited to an opposition with supporting documents and a reply with supporting documents.

C. Unless Otherwise Authorized by the Court. Unless otherwise provided for by law, or as may be ordered or authorized by the court, filings in response to a motion shall be limited to: (1) an opposition and any documents filed in support thereof; and (2) a reply thereto and any documents filed in support thereof.

WARNING

Applies to

Pretrial or settlement conference statement

Filing the statements referred to in the rules satisfies the requirements to file pretrial statements and settlement conference statements under other applicable rules.

C. Compliance with other rules. The filing of the statements referred to in these rules will be deemed as compliance with all other rules requiring the filing of any pretrial statement or settlement conference statement.

WARNING

Applies to

DUIREF Collaborative Courts - DUI Court Referral

Form DUIREF, Collaborative Courts - DUI Court Referral, is mandatory.

DUIREF Collaborative Courts - DUI Court Referral Mandatory 7/1/2025

WARNING

Applies to

Petition for instruction

A petition for instructions must not be used to determine estate distribution, and the petitioner must state the instructions requested from the court.

B. Petitions for instructions should not be used to determine the manner in which an estate should be distributed. A direction of the court regarding distribution of an estate will only be furnished pursuant to a petition for distribution or a petition to determine entitlement. C. The petitioner shall set forth in the petition the instructions which petitioner believes the court should give.

WARNING

Applies to

Proposed judgment or order

Before submitting disputes over the language of a judgment or order to the court, the parties must meet and confer in good faith to attempt to resolve them.

The parties shall meet and confer in a good faith effort to resolve disputes over language of the judgment and order prior to submitting these disputes to the court.

WARNING

Applies to

Judgment

If a party has not paid court fees, the judgment must provide for payment by the opposing party unless the opposing party filed a fee waiver.

If one of the parties has not paid court fees, the judgment must make provision for the payment of court fees by the opposing party, unless the opposing party has filed their own fee waiver.

WARNING

Applies to

Proposed order

A deed must specify its deed type, and escrow documents must be listed separately.

A deed must state the type of deed e.g. grant deed, interspousal transfer deed, etc. Escrow documents must be listed separately (i.e., Escrow Instruction Dated, Disclosure Regarding Real Estate Agency Relationship, Hazard Report, etc.).

WARNING

Applies to

Notice of motion or request for order

This requirement does not apply to a Notice of Motion or Request for Order filed by the Department of Child Support Services to establish or modify a child support order.

This requirement shall not apply to either a Notice of Motion or Request for Order to establish or modify a child support order filed by the Department of Child Support Services.

WARNING

Applies to

Settlement conference statement

Each settlement conference statement must provide a full and complete statement of the information listed in Rule 4.02.1, to the extent known or contended.

Each settlement conference statement shall include a full and complete statement of the following information to the extent known or contended: (Paragraph numbering of statements shall coincide with the following)

WARNING

Applies to

TR01 Request for Postponement of Court Trial

Form TR01, Request for Postponement of Court Trial, is mandatory.

TR01 Request for Postponement of Court Trial Mandatory 7/1/2025

WARNING

Applies to

PR2 Order Appointing Court Investigator

Form PR2, Order Appointing Court Investigator, is mandatory.

PR2 Order Appointing Court Investigator Mandatory 7/1/2025

WARNING

Applies to

Affidavit or declaration

The Court may permit written augmentation of an affidavit or declaration in its discretion, considering prejudice to any responding party.

The Court may permit written augmentation in its discretion, with due consideration to the avoidance of prejudice to any responding party.

WARNING

Applies to

REF1 eFiling Refund Request Form

Form REF1, eFiling Refund Request Form, is mandatory.

REF1 eFiling Refund Request Form Mandatory 7/1/2025

WARNING

Applies to

Certification of competency

Attorneys of record in pending dependency matters who believe they meet competency standards had to submit a Certification of Competency to the court by January 31, 1997.

Each attorney of record for a party to a dependency matter pending before the court on January 1, 1997, who believes they meet the minimum standards of competency shall complete and submit to the court, on or before January 31, 1997, a Certification of Competency as set forth in Appendix I to these rules.

WARNING

Applies to

Pretrial statement

A memorandum of points and authorities should be included for extraordinary or atypical legal issues but is unnecessary for ordinary issues.

A memorandum of points and authorities should be included with respect to any extraordinary or atypical legal issues. Such a memorandum is unnecessary with respect to ordinary issues (i.e., general authority to award spousal support, attorney fees, etc.).

WARNING

Applies to

Pretrial submissions

The pretrial submissions include exhibit lists, witness lists, proposed jury instructions, proposed written voir dire questions for the trial judge, proposed special verdicts, stipulations on factual or legal issues, and a joint non-argumentative statement of the case for prospective jurors.

Unless otherwise ordered, at least five (5) court days before the pretrial conference, the parties shall serve and file the following: o Exhibit lists; o Witness lists; o Proposed jury instructions; o Proposed written voir dire, questions for the trial judge; o Proposed special verdicts; o Any stipulations on factual or legal issues; and o A joint non-argumentative statement of the case (two (2) paragraphs maximum) to be read to prospective jurors.

WARNING

Applies to

Sur reply

A party must obtain the court’s prior authorization before filing a surreply or other supplemental legal points and authorities in support of a motion.

If a party seeks to file a surreply or other supplemental legal points and authorities in support of a motion, they must seek and receive prior authorization from the court.

WARNING

Applies to

CL17 Plea in Absentia

Form CL17, Plea in Absentia, is mandatory.

CL17 Plea in Absentia Mandatory 7/1/2025

WARNING

Applies to

Pleading

Omitting the current email address or statement of intent to appear remotely or in person may lead to rejection of the pleading or continuance of the hearing.

Failure to provide a current email address and statement of intent to appear remotely or in person may result in rejection of the pleading and/or continuance of the hearing.

WARNING

Applies to

CL8 DUI First Offense Advisement of Rights, Waiver and Plea Form

Form CL8, DUI First Offense Advisement of Rights, Waiver and Plea Form, is mandatory.

CL8 DUI First Offense Advisement of Rights, Mandatory 7/1/2025

WARNING

Applies to

Settlement conference statement

Must include

case number

The first page of each settlement conference statement must state the conference date and time and the trial date immediately below the case number.

The first page of each settlement conference statement shall specify, immediately below the number of the case, (1) the date and time of the settlement conference, and (2) the trial date.

WARNING

Applies to

Final distribution petition

A final-distribution petition must itemize costs for which counsel seeks reimbursement; properly itemized long-distance telephone, photocopy, postage, and fax costs are allowable.

Costs. An itemization of costs for which counsel is seeking reimbursement. Costs of long- distance telephone calls, photocopies, postage and faxes shall be allowed if properly itemized.

WARNING

Applies to

Income and expense declaration

An Income and Expense Declaration is current when it is less than three months old and no material changes occurred; a declaration older than three months may be considered current if a no-change declaration is filed.

An Income and Expense Declaration is current if it is less than three (3) months between the filing date and the time of hearing, AND there have been no material changes since the date of filing. An Income and Expense Declaration that is more than three (3) months old MAY be considered current if the party files a declaration showing there has been no change of circumstances since the last filing.

WARNING

Applies to

Application for elisor

The elisor application must not identify a specific court employee.

The application must not set forth a specific court employee.

WARNING

Applies to

FL20 Status and Family Centered Case Resolution Conference Questionnaire

Form FL20, Status and Family Centered Case Resolution Conference Questionnaire, is mandatory.

FL20 Status and Family Centered Case Resolution Mandatory 7/1/2025

WARNING

Applies to

Ex parte order application

Oral augmentation of an ex parte affidavit or declaration is prohibited, while written augmentation may be permitted in the court’s discretion with due regard for avoiding prejudice.

The court shall not permit oral augmentation of affidavits or declarations at the time of the ex parte hearing. The court may permit written augmentation in its discretion, with due consideration to the avoidance of prejudice to any responding party.

WARNING

Applies to

Application for elisor

When notarization is required, the applicant must arrange for a notary public to be present when the elisor signs.

If the elisor signature requires notarization, the applicant must arrange for a notary public to be present when the elisor signs the documents.

WARNING

Applies to

CL1 Certification of Compliance with Marsy’s Law

Form CL1, Certification of Compliance with Marsy’s Law, is mandatory.

CL1 Certification of Compliance with Marsy’s Law Mandatory 7/1/2025

WARNING

Applies to

Elisor application

The moving party must highlight the elisor signature locations on the sample copies and print the requested identifying language beneath each signature line.

C. The sample copies shall be highlighted in the locations where the elisor is to sign their name. Beneath the signature lines on the sample copies the moving party shall print the language being requested to identify the elisor’s signature.

WARNING

Applies to

FINDEC Financial Declaration

Form FINDEC, Financial Declaration, is mandatory.

FINDEC Financial Declaration Mandatory 7/1/2025

WARNING

Applies to

Proposed order

Must include

proposed order

The parties must meet and confer over objections to a proposed order, and if they cannot resolve the dispute, each must prepare and file a proposed order.

If the other party objects to the form or content of the proposed order, the parties must meet and confer to attempt to resolve the disputed language. If the parties fail to resolve their disagreement, each party shall prepare and file a proposed order in accordance with the California Rules of Court, Rule 5.125.

WARNING

Applies to

Judgment

When a judgment requires medical or dental insurance, it must specify reimbursement for uninsured healthcare expenses under Family Code section 4063, with reimbursement due within 30 days after notice unless the judgment provides otherwise.

If the judgment provides that a party maintain medical or dental insurance, the manner of reimbursement for uninsured health care expenses shall be as set forth in Family Code section 4063. Reimbursement amounts are due within thirty (30) days of notice, unless the judgment provides otherwise.

WARNING

Applies to

Certification of compliance with marsys law

Must include

local rule certificate

When a victim retains private counsel in a criminal case, the victim’s private attorney rather than the prosecuting attorney must prepare and file the Certification of Compliance for activities occurring after retention.

In the event a victim retains private counsel in any criminal case, the victim’s private attorney, instead of the prosecuting attorney, shall prepare and file the Certification of Compliance for all activities occurring after private counsel’s retention.

WARNING

Applies to

Income tax returns

Income tax returns generally may not be attached or filed, but the last three years of state and federal returns must be produced at the hearing or trial, with copies exchanged at least five days before the appearance.

Income tax returns shall not be attached or filed, except on court order, but the last three (3) year’s state and federal tax returns (either individual or joint) must be produced at the hearing or trial by the party in possession of the same, or any copy. Copies of the returns must be exchanged at least five (5) days prior to the court appearance.

WARNING

Applies to

Declaration containing hearsay

A declaration containing hearsay may be subject to a motion to strike unless the hearsay is substantiated by a supplemental declaration from the declarant.

Declarations containing hearsay are subject to a motion to strike unless the hearsay is substantiated by a supplemental declaration by the hearsay

WARNING

Applies to

FL17 Stipulation for Appointment of Commissioner as Temporary Judge

Form FL17, Stipulation for Appointment of Commissioner as Temporary Judge, is mandatory.

FL17 Stipulation for Appointment of Commissioner as Mandatory 7/1/2025

WARNING

Applies to

FL1 Contempt Advisement of Rights, Waiver and Plea Form

Form FL1, Contempt Advisement of Rights, Waiver and Plea Form, is mandatory.

FL1 Contempt Advisement of Rights, Waiver and Mandatory 1/1/2025

WARNING

Applies to

Sample documents

Sample copies must highlight the elisor signature locations, and the requested identifying signature language must be printed beneath the signature lines.

The sample copies shall be highlighted in the locations where the elisor is to sign their name. Beneath the signature lines on the sample copies the moving party shall print the language being requested to identify the elisor’s signature.

WARNING

Applies to

Judgment

A marital settlement agreement or stipulation for judgment should be attached and incorporated into the judgment, but a confidential agreement need not be attached if all related orders are stated fully in or as attachments to the judgment.

If there is a marital settlement agreement or stipulation for judgment, it should be attached to the judgment, incorporated by reference and the parties ordered to carry out any executory terms thereof. If the marital settlement agreement is to remain confidential, then it need not be attached; however, all orders for custody, child, spousal or family support (including termination provisions), attorney fees, injunctive orders, restraining orders, etc., shall be set forth in full, either in or as attachments to the judgment.

WARNING

Applies to

Judgment

When the parties waive service of the Final Declaration of Disclosure, the judgment or a separately executed waiver under penalty of perjury must demonstrate compliance with Family Code section 2105(c).

If the parties have agreed to waive service of a Final Declaration of Disclosure, the judgment, or a separate waiver executed by the parties under penalty of perjury, must show compliance with Family Code section 2105(c).

WARNING

Applies to

Media coverage request

Must include

proposed order

Media coverage requests must be submitted on Judicial Council Form MC-500 with specified coverage and equipment information, and a proposed Form MC-510 order must be lodged concurrently.

D. Written Media Requests Required. Persons requesting media coverage of any type, including pool cameras, must file with the court Judicial Council form MC- 500, specifying: (i) the time estimate for coverage; (ii) the proposed placement of cameras, microphones and other equipment; and (iii) whether the coverage will be disseminated live or recorded for future dissemination. A proposed order utilizing Judicial Council Form MC-510 shall be lodged concurrently.

WARNING

Applies to

Pretrial statement

The Pretrial Statement serves as the opening statement unless a party specifically requests to make an opening statement.

Unless a party specifically requests to make an opening statement, the Pretrial Statement will serve as such.

WARNING

Applies to

ADCAPP Collaborative Courts Adult Drug Court Application

Form ADCAPP, Collaborative Courts Adult Drug Court Application, is mandatory.

ADCAPP Collaborative Courts Adult Drug Court Mandatory 7/1/2025

WARNING

Applies to

JV9 Notice of Procedure for Lodging Complaints

Form JV9, Notice of Procedure for Lodging Complaints, is mandatory.

JV9 Notice of Procedure for Lodging Complaints Mandatory 7/1/2025

INFO

Applies to

Local family law form

Local family law forms are suggested but not mandatory unless another rule expressly requires their use.

Except where otherwise noted in these rules, the use of these forms is suggested, but not mandatory.

INFO

Applies to

Order after hearing

The order after hearing must recite the court’s order verbatim and must not include tentative ruling procedures.

Pursuant to California Rules of Court, rule 3.1312, the order after hearing shall recite the court’s order verbatim, but the tentative ruling procedures shall not be included in the order after hearing.

INFO

Applies to

Application for elisor

An application for appointment of an elisor may be made ex parte in family-law matters.

An application for appointment of an elisor may be made ex parte in family law.

INFO

Applies to

Pretrial statement

When custody and other issues are bifurcated, a party or attorney may elect to file separate Pretrial Statements for each bifurcated proceeding.

Where custody and other issues are bifurcated, the party or attorney may elect to file separate pretrial statements as to each bifurcated proceeding.

INFO

Applies to

Exhibits

Parties should avoid physically large or voluminous exhibits when reasonably practicable and should consider reasonable alternatives such as summaries.

Exhibits requiring special handling by the clerk (i.e., physically large exhibits, voluminous exhibits) should be avoided where reasonably practicable, and reasonable alternatives, including summaries, should be considered.

INFO

Applies to

Judgment

Parties and attorneys are encouraged to include a permanent legal and physical custody parenting plan and to state that permanence in the judgment, but the absence of that statement does not eliminate the court’s authority to make appropriate findings.

The parties and attorneys are encouraged to include a permanent parenting plan concerning both legal and physical custody, in order to provide for the stability of the minor child(ren) and to avoid the re- litigation of custody issues. Where the plan is a permanent one, the judgment should so state; however, the absence of such language shall not deprive the court of jurisdiction to make appropriate findings pursuant to Montenegro v. Diaz (2001) 26 Cal.4th 249.