Stanislaus Superior Court Filing Rules

For a reserve of at least $5,000 but under $20,000, the personal representative must file a supplemental declaration stating how the reserve was disposed of before or concurrently with the ex parte final-discharge petition.

No fee is charged for a petition to prevent workplace violence involving violence, threats of violence, or stalking, or its response.

Notice of an ex parte application for a temporary conservatorship is required under Probate Code section 2250(e).

The Settlement Conference Statement must be filed at least 10 court days before the Settlement Conference.

When a person cited for contempt appears without an attorney, one continuance normally will be granted to allow the person to retain counsel.

A hearing may be requested by calling the probate clerks before 4:00 p.m. or emailing before 4:00 p.m.; an email request must be confirmed by return email, and the clerk must be called if confirmation is not received.

Evidence for a trial by written declaration must be submitted in writing or on a CD when the declaration and bail are filed; flash drives are not accepted.

Counsel must confer before the case is called to assess whether argument will exceed 15 minutes and must advise the assigned department’s clerk if both agree it will.

During trial, a party may submit pleadings to the Courtroom Clerk and serve them by hand, but must also e-file them by close of business no later than the following court day.

The clerk’s office will reject courtesy copies that were not solicited.

Memoranda of points and authorities are limited to 15 pages, excluding exhibits, declarations, and attachments; a party may request an extension in writing two days before the motion filing or response due date, stating good cause and submitting the request to the court scheduled to hear the motion.

Redacted versions of lodged or sealed documents must be filed electronically at the same time.

A petition to set aside may be filed separately or worded in the alternative to request admission of the will and letters if the set-aside petition is denied.