Yolo Superior Court Document Filing Requirements

CRITICAL

Applies to

Adoption investigation report

When adoption proceedings appear pending, the court will not issue guardianship letters or permit the hearing until the investigating agency files its report.

Pursuant to Probate Code Section 1543, if it appears that adoption proceedings are pending, letters of guardianship will not be issued nor the hearing permitted until the agency investigating the adoption has filed its report.

CRITICAL

Applies to

Request for exemption from mandatory electronic filing and service

Must include

proposed order

An attorney seeking an electronic filing and service exemption must file Judicial Council Form EFS-007 with a proposed order in Form EFS-008 and serve all parties.

An attorney requesting to be excused shall file with the Clerk of the Court and service on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICAL

Applies to

Noticed motion or demurrer

Notices for all noticed motions and demurrers in the civil department must include the specified tentative-ruling information, including the 3:00 p.m. issuance time and the 4:00 p.m. deadline to advise the clerk of an appearance.

All noticed motions and demurrers in the civil department shall include the following information in the notice: “Pursuant to Local Rule 11.2, the court will issue a tentative ruling on the merits of the matter by 3:00 p.m. on the court day before the hearing. The tentative rulings are available by phone at (530)406-6806 and on the Court’s web site after 3:00 p.m. The tentative ruling shall become the ruling of the court, unless a party desiring to be heard so advises the courtroom clerk of the designated department no later than 4:00 p.m. on the court day preceding the hearing, and further advises the courtroom clerk that such party has notified the other party(s) of its intention to appear.”

CRITICAL

Applies to

Guardianship petition

A party seeking hardship-based deferral or waiver of the Probate Investigator's report fee must include the request in the guardianship petition and state facts establishing hardship.

If the guardian or other person liable for payment of the assessment believes the fees should be deferred or waived due to hardship, the subject petition shall include a request for deferral or waiver and shall set forth facts establishing a hardship.

CRITICAL

Applies to

Written settlement terms

The terms of any settlement must be written and signed by the parties and counsel, presented to the clerk, and attached as a copy to the clerk’s minute order.

(e) The attorneys, or parties in propria persona, shall set forth the details for any settlement reached, which shall be signed by the parties and/or their attorneys and a copy attached to the clerk’s minute order. The written recitation of the specific terms of the settlement must be prepared and signed by the parties and counsel and presented to the clerk.

CRITICAL

Applies to

Real property bond notice of hearing

Must include

proposed order

A real-property bond notice of hearing must be accompanied by the bond application, property-owner declaration, executed promissory note, deed of trust, proposed bond-approval order, and proposed order releasing the defendant.

(b) The notice of hearing shall be accompanied by an application for a real property equity bond, a declaration of the real property owners, an executed promissory note, a deed of trust made payable to “County of Yolo: as beneficiary and “Court Executive Officer” as trustee, and a proposed order approving the property bond and order for release of the defendant.

CRITICAL

Applies to

Settlement conference statement

At least five court days before the settlement conference, each party must prepare, serve, and file a settlement conference statement addressing every contested issue, together with current income-and-expense and property declarations.

(c) At least five (5) court days before a settlement conference, each party shall prepare, serve and file (1) a settlement conference statement setting forth the party’s position on every contested issue, and (2) a current income and expense declaration and property declaration.

CRITICAL

Applies to

Plea submission

Counsel must disclose at plea submission whether another judge previously rejected the proposed plea, regardless of a different caption or case number.

It is the duty of all involved counsel to inform the court at the time a plea is submitted whether any proposed plea in the matter has previously been rejected by another judge, even if submitted under a different caption or case number.

CRITICAL

Applies to

Evaluator withdrawal declaration

An evaluator's request to withdraw must be made by filing a written declaration signed under penalty of perjury that shows good cause.

An evaluator may request to withdraw from a case by filing a written declaration signed under penalty of perjury showing good cause.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

A moving party must prepare an order for the court's signature when an ex parte application is granted.

If the application is granted, the moving party shall prepare an order for the court’s signature.

CRITICAL

Applies to

Trial statement

Must include

legal argument, statement of facts

Each party must file and serve a brief trial statement containing the required factual statements, admitted or undisputed facts, legal issues, and witness names no later than 15 calendar days before trial.

Not later than fifteen (15) calendar days before the first day of trial, each party shall file and serve: (a) A brief trial statement which shall include: 1. A concise statement of the facts supporting the party’s claims or defenses. 2. A statement of admitted or undisputed facts. 3. A statement of issues of law. 4. The names of all witnesses, except impeachment and rebuttal witnesses.

CRITICAL

Applies to

Real property bond and defendant release orders

The court will not sign a property-bond approval or defendant-release order unless property equity is at least twice the bail amount and the court receives the recorded deed of trust.

(d) An order approving the property bond and order for release of the defendant shall not be signed unless the court finds that the equity in the property is at least twice the value of the amount of bail, and only upon delivery to the court of the recorded deed of trust.

CRITICAL

Applies to

Real property bond notice of hearing

The original real-property bond notice must include a recent appraisal, current preliminary title report, and property insurance naming Yolo County as loss payee.

(c) In addition, the following must be filed with the original notice of hearing: (1) An appraisal report of the fair market value of the property, dated not more than 45 days prior to filing the application for the property bond and completed by a qualified real estate appraiser; (2) A current preliminary title report, prepared by a California title company, that includes a legal description of the property, the address or location of the property, and a listing of all encumbrances, and is dated no more than 30 days prior to the application for the property bond; and, (3) Proof of insurance coverage of the property, sufficient to pay all encumbrances, which insurance must include “County of Yolo” as a loss payee.

CRITICAL

Applies to

Declaration of due diligence

When required notice recipients' names or addresses cannot be determined, the petitioner must file a declaration of due diligence specifying all identification and location efforts.

A declaration of due diligence is required where the petitioner cannot determine the name or address of a relative or party to whom notice is required. The declaration shall specify all efforts undertaken to identify and locate such relative or party.

CRITICAL

Applies to

Civil complaint

Every new civil complaint must include the Notice of Case Management Conference form.

All new civil complaints shall include the Notice of Case Management Conference form.

WARNING

Applies to

Jury instructions

In jury trial cases, jury instructions must be submitted unless the court advises otherwise.

(d) In jury trial cases, jury instructions, unless the Court advises otherwise.

INFO

Applies to

Declaration of due diligence

The petitioner is encouraged to check the listed sources and report the results in the declaration of due diligence.

The petitioner should check the following and state the results in the declaration: telephone directory, directory assistance, relatives and friends, former employers, and last known address.