SUPERIOR COURT OF CALIFORNIA,
COUNTY OF TUOLUMNE
RULES OF COURT
Effective July 1, 2010
Eric L. DuTemple
Main Courthouse: Branch Courthouse:
41 West Yaney Avenue 60 North Washington Street
Sonora, California 95370 Sonora, California 95370
Civil/Small Claims (209) 533-5555 Criminal/Juvenile (209) 533-5563
Family Law (209) 533-6936 Traffic (209) 533-5671
IMPORTANT INSTRUCTIONS FOR USING THESE RULES
1. The California Rules of Court are not printed as part of these local rules, but are considered incorporated within them. Proceedings in the Superior Court of California, County of Tuolumne are governed by the California Rules of Court as supplemented by these local rules. EACH LOCAL RULE MUST BE READ IN CONJUNCTION WITH THE CALIFORNIA RULES OF COURT.
2. Effective July 1, 2000, the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court, or any division or branch of a trial court, shall enact or enforce any local rule concerning these fields. (CRC 3.20)
3. The rules of the Superior Court of California, County of Tuolumne have been restated, amended and adopted effective July 1, 2010.
TABLE OF CONTENTS
Rule: Title: Page:
1.0 Division of Business and General Rules
1.01 California Rules of Court (effective 7/1/98, amended 1/1/01) 1-6
1.02 Division of Business (effective 7/1/98, amended 1/1/01 and 7/01/10)____ 1-6
1.03 Filing and Checks Returned for Non-Payment (effective 7/1/98, amended 7/01/10) ________________1-6
1.04 Copies (effective 1/1/01, amended 7/01/10) 1-6
1.05 Duplicate Judgment (effective 7/1/98, amended 1/1/01 and 7/01/10 1-6
1.06 Order for Disbursement of Funds (effective 1/1/01) 1-6
1.07 Court Reporter Schedule (effective 1/1/01, amended 1/1/07 and 7/01/10) 1-6
1.08 Electronic Sound Recordings (effective 1/1/01) 1-7
1.09 Return of Exhibits (revoked 7/01/10)____ 1-7
1.10 Dangerous Evidence (revoked 7/01/10 1-7
1.11 Continuances (effective 7/1/98, amended 1/1/07 and 7/01/10 1-7
1.12 Sanctions (revoked 7/01/10) ____________ 1-7
1.13 Requests for Ex-Parte Hearings (effective 1/01/07) 1-7
1.14 Judicial Vacation Day defined (effective 7/01/10) 1-8
1.15 Local Forms (effective 1/01/07) _________ 1-8
2.01 Definition of General Civil Cases (effective 7/1/98, amended 1/1/01) 2-9
2.02 Initial Complaints (effective 7/1/98, amended 7/1/03) 2-9
2.03 Cross-Complaint (effective 7/1/98, amended 1/1/01) 2-9
2.04 Case Management Conference (effective 7/1/98, amended 1/01/07) 2-9
2.05 Settlement Conference (effective 7/1/98, amended 1/1/01) 2-10
2.06 Differentiation of Cases to Achieve Goals (effective 7/1/98, amended 1/1/07) 2-10
2.07 Demand for Jury Trial (effective 7/1/98, amended 1/1/01) 2-11
2.08 Settlement of Civil Jury Trials (effective 7/1/98, amended 1/1/01) 2-11
2.09 Civil Long Cause Trial Calendar (effective 1/1/01) 2-11
2.10 Trial Briefs in Civil Cases (effective 7/1/98, amended 1/1/01 and 7/01/10 2-11
2.11 Jury Trials (effective 7/1/98, amended 1/1/01) 2-11
2.12 Civil Non-jury Trials (effective 7/1/98, amended 1/1/01 and 7/01/10 2-12
2.13 Jury Instructions, Witness List and Requested Voir Dire (effective 7/1/98, amended 1/1/07 and 7/01/10 2-12
2.14 Unlawful Detainer Proceedings (effective 7/1/03) 2-12
2.15 Unlawful Detainer and Small Claims Time Standards (effective 7/1/05, amended 1/01/07) 2-12
3.0 Civil Law and Motion, Default
3.01 Setting Hearing (effective 7/1/98, amended 1/1/01 and 7/01/10) 3-13
3.02 Requests for Continuances (effective 7/1/98, amended 1/1/01 and 7/01/10 3-13
3.025 Requests that Matter be Dropped from Calendar (effective 7/01/10) 3-13
3.03 Timely Service of Papers (effective 7/1/98, amended 1/1/01) 3-13
3.04 Orders Shortening Time (effective 7/1/98, amended 1/1/07) 3-13
3.05 Argument and Oral Testimony at Law & Motion Calendar (effective 7/1/98, amended 1/1/07) 3-13
3.06 Appearance at Hearing (effective 7/1/98, amended 1/1/01) 3-14
3.07 Telephone Appearances (effective 7/1/98, amended 1/1/07) 3-14
3.08 Substitution of Counsel (effective 7/1/98, amended 1/1/01) 3-14
3.09 Attorney Fees (effective 7/1/98, amended 1/1/01) 3-14
3.10 Amicus Brief (effective 7/1/98, amended 1/1/01) 3-15
3.11 Tentative Rulings (effective 1/01/07, amended 7/01/10 3-15
4.0 Family Law
4.01 Local Civil Rules Applicable to Family Law (effective 7/1/98, amended 1/1/01) 4-16
4.02 Financial Issues (effective 7/1/98, amended 1/1/01) 4-16
4.03 Custody Issues (effective 7/1/98, amended 1/1/01) 4-16
4.04 Mandatory Mediation (effective 1/1/01) 4-16
4.05 Children of Divorce Education Program (effective 7/1/98, amended 1/1/01) 4-17
4.06 Approval or Incorporation of Marital Settlement Agreement (effective 7/1/98,
amended 1/1/01 and 7/01/10) 4-17
4.07 Family Law Trial Requirements (effective 7/1/98, amended 1/1/07 and 7/01/10 4-18
4.075 Family Law Settlement Conferences (effective 7/01/10) 4-19
4.08 Family Law Facilitator (effective 7/1/98, amended 1/1/01) 4-19
4.09 Family Law Required Attachments: Revoked 7/01/10 4-19
4.10 Appointment of Investigator (effective 7/1/05) 4-19
5.01 Local General & Civil Court Rules Applicable to Probate Matters (effective 7/1/98, amended 1/1/01) 5-20
5.02 Appearances (effective 7/1/98, amended 1/1/01) 5-20
5.03 Correction of an Order (effective 7/1/98, amended 1/1/01 and 70/01/10) 5-20
5.04 Petitions (effective 7/1/98, amended 1/1/01) 5-20
5.05 Publication (effective 7/1/98, amended 1/1/01) 5-20
5.06 Orders (effective 7/1/98, amended 1/1/01) 5-20
5.07 Blocked Accounts (effective 7/1/98, amended 1/1/01) 5-21
5.08 Letters of Special Administration (effective 7/1/98, amended 1/1/01) 5-21
5.09 Declination of Executor (effective 7/1/98, amended 1/1/01) 5-21
5.10 Consent of Representative(s) (effective 7/1/98, amended 1/1/01) 5-21
5.11 Removal of Personal Representative (effective 7/1/98, amended 1/1/01) 5-21
5.12 Petition for Probate (effective 7/1/98, amended 1/1/01 and 7/01/10 5-21
5.13 Notices (effective 7/1/98, amended 1/1/01) 5-21
5.14 Inventory and Appraisals (effective 7/1/98, amended 1/1/01 and 7/01/10) 5-22
5.15 Creditor’s Claims (effective 7/1/98, amended 1/1/01) 5-22
5.16 Sale of Real Property (effective 7/1/98, amended 1/1/01) 5-22
5.17 Petition for Instructions (effective 7/1/98, amended 1/1/01) 5-22
5.18 Petition for Distributions (effective 7/1/98, amended 1/1/01) 5-23
5.19 Final Discharge (effective 7/1/98, amended 1/1/01) 5-24
5.20 Statutory Commissions and Fees in Probate Estates (effective 7/1/98, amended 1/1/01) 5-24
5.21 Extraordinary Services (effective 7/1/98, amended 1/1/01) 5-25
5.22 Costs (effective 1/1/01) 5-25
5.23 Filing Fee Refund: Revoked 7/01/10 5-25
5.24 Probate Note Procedures (effective 1/01/07, amended 7/01/10 5-25
5.25 Matters Removed From Recommended Status (effective 1/01/07, amended 7/01/10) 5-26
6.0 Conservatorships and Guardianships
6.01 Temporary Conservatorships and Guardianships (effective 7/1/98, amended 1/1/01 and 7/01/10 6-27
6.02 Petition for Appointment of Conservator/Guardian (effective 7/1/98, amended 7/1/03) 6-27
6.03 Independent Powers (effective 7/1/98, amended 1/1/01) 6-27
6.04 Limited Conservatorships (effective 7/1/98, amended 1/1/01) 6-27
6.05 Notice of Residence (effective 7/1/98, amended 1/1/01 and 7/01/10 6-28
6.06 Conservatee’s Mental Capacity (effective 7/1/98, amended 1/1/01) 6-28
6.07 Declaration Under UCCJA (effective 7/1/98, amended 1/1/01) 6-28
6.08 Guardianship Funds for Support of Minor (effective 7/1/98, amended 1/1/01) 6-28
6.09 Inventory and Appraisal (effective 7/1/98, amended 1/1/01 and 7/01/10 6-28
6.10 Review Hearing for Inventory and Appraisal (effective 7/1/98, amended 1/1/01) 6-28
6.11 Separate Accounting for Several Minors (effective 7/1/98, amended 1/1/01) 6-28
6.12 Successor Conservator/Guardian (effective 7/1/98, amended 1/1/01) 6-29
6.13 Sale of Conservatee’s Personal Residence (effective 7/1/98, amended 1/1/01) 6-29
6.14 Reports and Accounts (effective 7/1/98, amended 1/1/01) 6-29
6.15 Waiving of Accounts (effective 7/1/98, amended 1/1/01) 6-29
6.16 Removal of Conservator or Guardian (effective 7/1/98, amended 1/1/01) 6-29
6.17 Termination of Conservatorships and Guardianships (effective 7/1/98, amended 1/1/01) 6-29
6.18 Fees and Commissions (effective 7/1/98, amended 1/1/01) 6-30
7.01 Calendaring (effective 7/1/98, amended 1/1/01) 7-31
7.02 Trial Readiness Conference (effective 7/1/98, amended 1/1/01) 7-31
7.03 Bail – Real Property Bonds (effective 7/1/98, amended 1/1/01) 7-31
7.04 Personal Surety Bonds (effective 7/1/98, amended 1/1/01) 7-31
7.05 Motions in Limine (effective 1/1/01) 7-32
7.06 Oral Testimony, Law and Motion (effective 1/1/01) 7-32
7.07 Police Reports: Availability and Confidentiality (effective 7/01/05) 7-32
8.01 Juvenile Hearings (effective 1/1/01, amended 7/01/10) 8-33
8.02 Prehearing Discovery (effective 1/1/01, amended 1/01/07) 8-33
8.03 Settlements (effective 1/1/01) 8-33
8.04 Standard of Representation (effective 1/1/01, amended 1/01/07) 8-33
8.05 Minimum Standard of Education & Training of Appointed Counsel (effective 1/1/01, amended 1/01/07) 8-33
8.06 Procedure for Reviewing & Resolving Complaints (effective 1/1/01, amended 1/01/07) 8-33
8.07 Procedure for Informing the Court of the Interest of a Dependent Child
(effective 1/1/01, amended 1/01/07) 8-34
9.01 General (effective 1/1/01) 9-35
9.02 Finalization (effective 1/1/01) 9-35
9.03 Independent Adoptions (effective 1/1/01) 9-35
9.04 Agency Adoptions (effective 1/1/01) 9-35
9.05 Step – Parent Adoption (effective 1/1/01) 9-35
9.06 General Policy (effective 7/01/10) 9-35
10.0 Court Communication Regarding Restraining Orders
10.01 Court Communications (effective 7/01/10) 10-36
10.02 Avoiding Conflicting Orders (effective7/01/10) 10-36
10.03 Modification of Criminal Protective Order (effective 7/01/10) 10-36
10.04 Co-existing Criminal and Family or Juvenile Orders (effective 7/01/10) 10-36
11.01 Written Not Guilty Plea (effective 7/1/05) 11-37
Form TR-TRF10 AP-38
Local Forms by Name AP-39
Local Forms by Number AP-40
Alphabetical Subject Matter Index 41
SUPERIOR COURT OF CALIFORNIA
COUNTY OF TUOLUMNE
RULES OF COURT – July 1, 2010
1.0 DIVISION OF BUSINESS AND GENERAL RULES
1.01 California Rules of Court: These local rules are intended to supplement and in no way reduce any requirements of the California Rules of Court. In the event these rules conflict with the California Rules of Court, the California Rules take precedence. (effective 7/1/98, amended 1/1/01)
1.02 Division of Business: The Superior Court of California, County of Tuolumne has five departments. (effective 7/1/98, amended 1/1/01
1.03 Filing and Checks Returned for Non-Payment: This Court follows the procedures set forth in Government Code §411.10. (effective 7/1/98, amended 1/1/01 and 7/01/10).
a. When an original document is filed, the Court will conform copies at no charge. If conformed copies are to be returned by mail, a stamped, self addressed envelope must be submitted.
b. All requests for copies of documents received by mail must be accompanied by the appropriate fee and a self-addressed stamped envelope. When fee and envelope are not provided, the request will not be processed. (effective 7/1/98, amended 7/01/10)
1.05 Duplicate Judgment: revoked 7/01/10.
1.06 Order for Disbursement of Funds: All orders for disbursements of funds from Court trust accounts shall contain the statement of authority for release of funds, the date the funds were deposited, the amount of the warrant to be issued, and the current name and address of payee as known. (effective 1/1/01)
1.07 Court Reporter Schedule: The Court schedules court reporting services for the following proceedings:
1. Preliminary criminal proceedings;
2. All felony criminal proceedings;
3. Juvenile proceedings;
4. Any other proceeding that the Court, in its discretion, orders be reported
This Court does not routinely schedule court reporting services for Civil law and motion hearings and trials, Family Law motion hearings, contested hearings or trials, or Probate proceedings.
a. Court Reporter Services: When a party requires court reporter services in a civil matter, the Court may provide those
services if the reporters are not required for duties listed above.
The party requesting court reporter services from the Court shall notify the clerk, in writing, of the request pursuant to California Rules of Court 2.956. If the Court’s reporters are not available for the date requested, the clerk shall notify the parties of that fact as soon as possible so that other reporting services may be obtained by the parties.
Fees for court reporter services are due each day prior to commencement of proceedings.
b. Transcripts: Transcripts of proceedings which have been reported at the direction
of the Court shall not be made available to any party unless that party pays the
reporter’s fees for reporting services in addition to the cost of the transcription to
the Court at the time the request for transcripts is made. (effective 1/1/01, amended 7/01/10.)
1.08 Electronic Sound Recording: Whenever a tape recording is offered as evidence, an accurate written transcript must accompany it. (effective 1/1/01)
1.09 Return of Exhibits: revoked 7/01/10
1.10 Dangerous Evidence: revoked 7/01/10
1.11 Continuances: Requests for continuances of criminal trials shall comply with the requirements set forth in Penal Code §1050.
Requests for continuances of civil trials are as follows:
a. Requests and/or motions for continuance of a trial are discouraged and will be granted only upon good cause shown.
b. Requests for stipulated continuances of jury trials, court trials and short cause trials, other than in delay reductions cases, shall be made in writing to the Court. The request shall include an attached order for the Court’s signature, if the request is approved. A motion to continue shall be filed in delay reduction cases.
c. Motions for continuance of a trial or specially set hearing will not be entertained on the date set for trial or hearing except under the most extraordinary circumstances. In that event all such motions shall be made in person before the judge in the department for which the trial has been set.
d. Continuances of trials in Delay Reduction Cases shall occur only upon noticed motions, supported by declaration demonstrating necessity for the continuance, unless waived by the Court. (effective 7/1/98, amended 1/1/07 and 7/01/10)
1.12 Sanctions: Revoked 7/01/10.
1.13 Requests for Ex Parte Hearing: An applicant for an ex parte hearing is required to complete local form CS-CCF20, Application for Ex Parte Hearing and Order. Compliance with CRC 3.1200 et seq. is mandatory. Upon the application being granted, the court will set the date, time and place of the ex parte hearing. The applicant must submit moving papers in advance of the hearing. (effective 1/01/07)
1.14 Judicial Vacation Day defined: A day of vacation for a judge of the Superior Court of California, County of Tuolumne, is an approved absence from the Court for one full business day. Absences from the Court for a purpose enumerated in California Rules of Court, Rule 10.603(c)(2)(H) are not considered to be a vacation day. (effective 7/01/10)
1.15 Local Forms: This Court has adopted local forms for both mandatory and optional use. The forms are listed in the appendix of these rules, and are also available on the Court’s website: www. tuolumne.courts.ca.gov (effective 7/01/10)
2.0 CIVIL RULES
2.01 Definition of General Civil Cases: As used in these rules, “general civil case
means all civil cases except probate, guardianship, conservatorship, family law (including proceedings under the Family Law Act, and Uniform Child Custody Jurisdiction Act, freedom from parental custody and control proceedings, and adoption proceedings), juvenile court proceedings, small claim appeals, and “other civil petitions” including petitions for writ of mandate, or prohibition, or habeas corpus, temporary restraining order, harassment restraining order, domestic violence restraining order, writ of possession, appointment if a receiver, release of property from lien, and change of name.
(effective 7/1/98, amended 1/1/01)
2.02 Complaints: At the time the case is filed, the clerk shall append to the initial
pleading a document entitled “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” stating the date, time and place of the first Case Management Conference. The first conference date shall be set approximately 120 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with notice of the Case Management Conference date. (effective 1/1/01)
2.03 Cross-Complaints: Cross-complainants shall serve all cross-defendants with a
copy of the initial “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” document and shall serve notice of any other pending Case Management Conference hearing date. (effective 7/1/98, amended 1/1/01)
2.04 Case Management Conference:
a. Statement: No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement, using the mandatory judicial council form.
b. Attendance at Case Management Conference: Each trial attorney or attorney familiar with the case, and each self-represented party must appear ay the conference.
c. Subject matter: The court will consider those subjects outlined in California Rules of Court, Rule 3.720 et seq. before entering its Case Management Order. The Case Management Order shall be pursuant to California Rules of Court, Rule 3.728.
1. Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) Court days in advance of the hearing.
2. A hearing on an Order to Show Cause for violation of these rules shall be held by the assigned judge approximately thirty (30) days after issuance of the Order to Show Cause to allow time for mailing
3. Written response to Order to Show Cause must be filed ten (10) court days in advance of the Order to Show Cause
4. Stipulations requesting a continuance of any proceeding shall be signed by all attorneys involved in the case.
e. Complaints and Service of Summons:
1. Within sixty (60) days of the filing of the complaint, plaintiff shall file proof of service of the Summons and Complaint and Notice of Status Conference as to all named defendants.
In the event that plaintiff or plaintiff’s attorney fails to file Proof of Service of Summons and Complaint within sixty (60) days as required herein, an Order to Show Cause shall issue directed to plaintiff and plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to serve the Summons and Complaint in a timely manner. (effective 7/1/98, amended 1/01/07))
2.05 Settlement Conference: A mandatory settlement conference is scheduled with
each trial setting, except for matters on the Short Cause Trial Calendar. An attempt is made to set the conference two (2) or three (3) weeks prior to the trial. All persons whose consent is required to effect a binding settlement shall be personally present at the mandatory settlement conference. Any request to the court to excuse attendance of any such person should be made in writing, not later than five (5) calendar days before the mandatory settlement conference, with copies to adversaries. A person excused by the court should be available for telephone communication with counsel at the time set for the mandatory settlement conference.
Included among such persons who must attend the settlement conference are
a. The attorneys who will handle the trial if the case is not settled, or an attorney in
their place who is appraised of the facts and the law and otherwise prepared for the
b. The litigants (unless consent of the particular litigant is not required for the settlement).
c. A representative of any insurance company that has coverage involved in the case with authority to settle the case.
d. A representative of a corporation or other business or government entity which is a litigant with authority to settle the case. (effective 7/1/98, amended 1/1/01)
2.06 Differentiation of Cases to Achieve Goals
a. To comply with Standards of Judicial Administration, Section 2.1, Superior Court Case Disposition Time Standards, the Court has adopted the following case-management plans with dispositions goals from the date of filing:
1. 12 Month Plan: disposition within 12 months
2. 18 Month Plan: disposition within 18 months
3. 24 Month Plan: disposition within 24 months
b. Cases in the delay reduction program shall be assigned to the appropriate case-management plan at the Case Management Conference, based on case evaluation factors outlined on CRC 3.715.
c. Upon finding of good cause, the court may reassign a case to a different case-management plan or, in the interest of justice, exempt a case from the case-disposition time goals. If the court exempts the case from the case-disposition time goals, the court shall establish a case-progression plan and monitor the case, with a goal for disposition within three (3) years. (effective 7/1/98, amended 1/1/07)
2.07 Demand for Jury Trial: All cases set for trial in which there is an entitlement
to a jury will be deemed to have a jury demand made by plaintiff absent a waiver in writing or in open court. If no waiver is made, plaintiff shall be responsible for the jury deposit. If plaintiff waives a jury, any other party may demand a jury and be responsible for the jury deposit consistent with the procedures for jury trial set forth in the Code of Civil Procedure section 631(b). Also, consistent with the Code of Civil Procedure Section 631(d)(5), failure to timely deposit jury fees constitutes a waiver of a jury trial, and no jury will be impaneled. (effective 7/1/98, amended 1/1/01)
2.08 Settlement of Civil Jury Trials: The court strongly urges that cases set for jury
trial be settled, if at all possible, no later than 1:00 p.m. of the court day preceding the trial date. If a case is settled and the department which has been assigned the case is not notified by 4:00 p.m. of the court day preceding the date set for trial, the parties will be assessed the cost of the entire jury panel summoned in such proportion as the court deems just unless good cause is shown. Attorneys shall, during the week preceding the date fixed for trial of any of their cases, keep the Court advised as to the likelihood of settlement and any other factors, which affect the readiness of the case. (effective 7/1/98, amended 1/1/01)
2.09 Civil Long Cause Trial Calendar Call: All long cause trials will be called on
the date set for trial in the courtroom of the department to which it has been assigned. Two calendar days preceding the date set for trial, trial counsel and pro per litigants shall call the department to which the case has been assigned for trial and inform the court of the status of matter in regard to trial and settlement. (effective 1/1/01, amended 7/1/10)
2.10 Trial Briefs in Civil Cases: Trial briefs are required for all civil court cases. Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date. Trial briefs shall set forth the issues to be tried and any significant evidentiary problems that are likely to be presented. Trial briefs shall list all witnesses the counsel preparing the brief intends to call at the trial. (effective 7/1/98, amended 1/1/01 and 7/01/10)
2.10 Jury Trials: Jury trials are set by the assigned department, except for unlawful detainer actions, which are set by the filing of an at-issue memorandum.
a. Jury Deposit: In Civil cases, other than unlawful detainer actions, the first days
jury fee deposit of $150 must be received by the clerk’s office no later than twenty-
five (25) days prior to trial. In unlawful detainer actions, the first day’s jury fee
deposit of $150 must be received by the clerk’s office no later than five (5) days
prior to trial. (effective 7/1/98, amended 1/1/01, 7/1/05 and 7/01/10)
2.12 Civil Non-jury Trials: If the parties case management statement indicates a preference for trial by the Court of three (3) hours of less, it will be set on the Short Cause Trial Calendar. The following procedure shall apply to the Short Cause Trial Calendar:
a. No matter on the Short Cause Trial Calendar shall be set for a settlement conference
unless all parties so request, in writing, or unless so ordered by the Court.
b. Matters set in the Short Cause Trial Calendar will be called on the trial date in the
Department to which the trial has been assigned, and all counsel and parties must be present. (effective 7/1/98, amended 1/1/01, and 7/01/10)
2.13 Jury Instructions, Witness List and Requested Voir Dire: Not less than one (1) court day before trial, two copies of proposed jury instructions, witness lists and requested voir dire questions proposed shall be submitted to the trial judge by each party.
a. The Court will consider proposed instructions submitted by the attorneys for the
parties, in addition to those contained in CACI.
b. Counsel may make their requests by CACI number, however, those instructions shall
be submitted fully prepared as set forth in California Rules of Court, rule 2.1055. (effective 7/1/98, amended 1/1/07 and 7/01/10)
2.14 Unlawful Detainer Proceedings: Notwithstanding that unlawful detainer proceedings are not subject to delay reduction rules, the plaintiff shall file proof of service on the summons and complaint within sixty (60) days of the issuance of the complaint. In the event that plaintiff or plaintiff’s attorney fail to file Proof of Service of Summons and Complaint within sixty (60) days as required herein, an Order to Show Cause shall issue directed to plaintiff and plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to serve the Summons and Complaint in a timely manner. (effective 7/1/03)
2.15 Unlawful Detainer and Small Claims Time Standards: Pursuant to Section 2.3 of the Standards of Judicial Administration, this Court adopts the following standards for timely disposition:
a. Unlawful Detainer cases shall be:
b. Small Claims cases shall be:
1. 90 percent disposed of within 75 days after filing.
c. To achieve the delay reduction goals in this rule, the Court may set an order to show cause as to why the plaintiff or counsel shall not be sanctioned by dismissal of the action or otherwise for failure to comply with the time standards of this rule. (effective 7/1/05, amended 1/07/07)
3.0 CIVIL LAW & MOTION AND DEFAULT
3.01 Setting Hearings: Before any law and motion or default matter is set, the hearing date must be obtained by calling the Civil Clerk’s Office. (effective 7/1/98, amended 1/1/01, and 7/01/10)
3.02 Requests for Continuances by parties:
a. Requests for continuances, based on stipulation by the parties, must be made by the moving party by calling the court. No matter will be continued to a date earlier than the next regularly scheduled Law and Motion Calendar without prior Court approval.
b. Only one (1) continuance per side will be granted. Thereafter, if the matter does not proceed, it may be dropped from calendar at the discretion of the court. (effective 7/1/98, amended 1/1/01, amended 7/01/10)
3.025 Requests that Matter be dropped from calendar by parties:
A moving party may drop a noticed motion from calendar by written request to the court, with notice to all parties. Matters that have been set by the court, such as an Order to Show Cause, will not be dropped from calendar. (effective 7/01/10)
3.03 Timely Service of Papers: Because the court studies calendared matters beforehand:
a. If opposition papers arrive late, the matter will be heard and decided on the bases set forth in the papers timely filed, unless the Court, in its discretion and for good cause shown, decides to continue the matter. (effective 7/1/98, amended 1/1/01)
3.04 Orders Shortening Time: Orders shortening time are strongly disfavored Requests for such orders must be supported by a very substantial showing of need. An order shortening time shall comply with California Rules of Court, Rule 3.1200. A stipulation by the parties to shorten time is without effect.
Unless otherwise ordered, if a motion is filed pursuant to an order shortening time, all papers opposing the motion shall be served and filed at least by noon two (2) Court days before the time appointed for the hearing. If the notice of the hearing has been shortened to two (2) days of less, papers opposing the motion may be presented in Court on the day of the hearing. (effective 7/1/98, amended 1/1/07)
3.05 Argument and Oral Testimony at Law and Motion Calendar:
a. Argument in excess of an aggregate of fifteen (15) minutes per case ordinarily may
not be adduced in the Law and Motion calendar. If it is anticipated that lengthier
argument will be necessary, advance permission must be obtained from the Judge hearing the matter. When such a request is made, the Judicial Officer will decide whether to grant the request for lengthier argument to be heard on the Law and Motion calendar, or will set the matter for special hearing.
b. Oral testimony is ordinarily not allowed on the Law and Motion calendar. If oral testimony is desired, a request must be made to the Judicial Officer hearing the matter per California Rules of Court 3.1306. The Judicial Officer will either grant the request and leave the matter on the Law and Motion calendar, grant the request and direct that the matter be specially set with the calendar coordinator, or deny the request and insist that the matter be heard in declarations. (effective 7/1/98, amended 1/1/07)
3.06 Appearance at Hearing: If counsel or a pro per party does not appear at the
hearing of a Law and Motion matter, the matter may be dropped from the calendar, ruled upon, or sanctions imposed at the discretion to the Court. (effective 7/1/98, amended 1/1/01)
3.07 Telephone Appearances: Telephone appearance for Civil Law and Motion and
Probate matters shall be pursuant to California Rules of Court 3.670 as follows:
a. Telephone appearance may be made in Civil actions and special proceedings of a Civil nature such as unlawful detainer.
b. Counsel shall have the option of appearing by telephone for a nonevidentiary Civil Law and Motion matter, a Case Management Conference and a nonevidentiary Probate hearing.
c. Appearing by telephone is not permitted for the following:
1. Settlement conference or hearing combined with settlement conferences.
2. Cases proceeding under the Family Law Code, unless permission is obtained in advance of the hearing from the judicial officer hearing the matter.
3. Occasions for which a party notices an intent to present oral testimony at the
4. The Court orders the personal appearance of counsel.
5. Any hearing or conference for which the Court, in its discretion, determines
that a personal appearance could materially assist in a determination of the
proceeding or in a resolution of the case. The Court shall make this
determination on a case-by-case basis. (effective 7/1/98, amended 1/1/07)
3.08 Substitution of Counsel:
a. Substitution: A document which substitutes one attorney for another of substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and be served on all parties. It is insufficient to name a law firm as the new attorney of record; the document must contain the name of a specific attorney.
b. Additional Duty: If a trial date has been set in the action or proceeding, it shall be the duty of counsel who has substituted out or withdrawn to advise the Court in writing as to whether the client has been notified of the trial date and the manner of said notification. (effective 7/1/98, amended 1/1/01)
3.09 Attorney Fees:
a. When the clerk is authorized to enter judgment pursuant to Code of Civil Procedure section 585(a) and, if the obligation sued upon provides for the recovery of a reasonable attorney’s fees, then subject to Civil Code section 1717.5, the clerk shall compute the attorney’s fee by adding to the judgment, exclusive of costs, the following percentage amounts of the judgment sum, unless a lesser fee is requested:
25% (percent) of first $1000, with a minimum of $150;
20% (percent) of next $4000;
15% (percent) of next $5000;
10% (percent) of next $10,000;
5% (percent) of next $30,000;
2% (percent) of the amount over $50,000.
Plaintiff shall have the right, in accordance with Code of Civil Procedure section 585(a) to have the attorney’s fee fixed by the Court in an amount different from that set forth above.
b. Contested action on note of contract: The same amount as computed under subdivision a., increased by such reasonable compensation computed on an hourly or per day basis for any additional research, general preparation, trial, or other services as may be allowed by the Court.
c. Foreclosure of mortgage or trust deed: The same amount as computed under
subdivision (a) or (b), as applicable increased by ten (10) percent.
d. Foreclosure of assessment or bond lien relating to a public improvement: The same amount as computed under subdivision (a) or (b), as applicable, except that the minimum fee shall be $75 in an action involving one (1) assessment or bond, and an additional $20 for each additional assessment or bond being foreclosed in the same action. (effective 7/1/98, amended 1/1/01)
3.10 Amicus Briefs: Amicus Briefs may be filed only pursuant to Court order upon a finding of good cause shown. (effective 7/1/98, amended 1/1/01)
3.11 Tentative Rulings: The Court follows the tentative ruling procedure set forth in CRC 3.1308(a)(1). Tentative rulings on civil law and motion matters will be available on the Court’s website at www.tuolumne.courts.ca.gov and by telephone at (209) 533-6633 by 3:00 p.m. on the court day preceding the hearing.
Tentative rulings are available only for civil law and motion matters, and are not available for case management conferences. (effective 1/01/07, amended 7/01/10 )
4.0 FAMILY LAW
4.01 Local Civil Rules Applicable to Family Law: Except as otherwise provided in these rules, all provisions in the Local Civil Rules apply to Family Law proceedings.
Prior to matters being heard on the Family Law calendar, counsel shall meet and confer in good faith to resolve all issues with their respective clients physically present or immediately available. (effective 7/1/98, amended 1/1/01)
4.02 Financial Issues: A waiver of spousal support ordinarily will not be approved if the party waiving spousal support is receiving cash public assistance, such as TANF. (effective 7/1/98, amended 1/1/01)
4.03 Custody Issues:
a. It is the policy of the Court not to change the children’s living situation during the pendency of custody and visitation disputes. Only under extraordinary circumstances will the Court deny access of one parent to the children or change any child’s principal place of residence. Any application to change the child’s living situation prior to a full hearing shall include the following:
1. The current Court order, if any;
2. The current child-sharing schedule or agreement, if any;
3. Changes in the child’s place of residence in the past 180 days and the circumstances surrounding these changes;
4. Proposed time-sharing program;
5. The reasons for any proposed change in the child’s living situation, setting forth facts establishing that the child would be physically or emotionally harmed if custody were not changed prior to a hearing on the merits;
6. Other relevant information. (effective 7/1/98, amended 1/1/01)
4.04 Mandatory Mediation: All contested custody and visitation matters must be scheduled for Mediation. Mediation proceedings shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the mediator, shall be deemed official information within the meaning of Evidence Code section 1040 unless otherwise stipulated by the parties. Absent such stipulation, the mediator will not be called upon to testify. The mediator shall report any allegations of child abuse to the proper authorities pursuant to Penal Code section 11166. If no agreement is reached in Mediation the matter shall be referred back to the Court. If an agreement or stipulation can be reached by the parties through the mediator, the agreement or stipulation immediately shall be reduced to writing, executed by the parties and their respective counsel, if represented by counsel, and submitted to the Judge for signature.
a. In the event of failure of the mediation process, request for a custody evaluation and report may be made upon motion of either party or upon the Court’s own motion. The evaluation and report shall be made by the agency or professional designated by the Court or stipulated by the parties. The clerk of the Court shall notify each party of the filings of the report. Either party by noticed motion of not less than fifteen (15) days or upon the Court’s own motion the matter will be set for further hearing on the report.
b. Evaluations will be referred to Child Welfare Services. Challenges will be permitted, withdrawal of complaints will be made to the referring Judge for evaluation. Ex-parte communications shall be disclosed to the parties and their attorneys.
c. The parties may stipulate to have a private mediator/custody counselor attempt to resolve their disputes regarding custody and visitation.
d. Failure of the parties to participate in the Mediation Process in good faith may subject such party or parties to sanctions pursuant to Local Rule 1.12 (effective 1/1/01)
4.05 Children of Divorce Education Program:
a. After filing for dissolution or legal separation, those parties with children will be required to attend an educational program designed to inform parents of the effects of divorce or long term separation on their children. This program is mandatory and must be attended within four (4) months of filing. Parties to filings under the Uniform Parentage Act and the Domestic Violence Prevention Act may be ordered by the Court to attend the program. Parents with cases pending and filed prior to the effective date of this rule may choose to attend the program or be ordered to attend the program if the Court believes that such attendance is in the best interest of the child or children.
b. The parties or their counsel may schedule the program before the first court appearance.
c. Both parties must attend. The parties may attend separate sessions if emotions do not allow attendance together.
d. Certificates of Attendance at the Child of Divorce Education Program for both parents must be on file with the clerk before a Petition for Dissolution of Marriage or Legal Separation will be granted in a case involving minor children.
e. Failure to comply within the time frames set forth in this rule or by order of the Court may result in sanctions pursuant to Local Rule 1.12.
f. A copy of the information sheet containing the registration form is available from the clerk and shall be served with Summons and Petition (Complaint). (effective 7/1/98, amended 1/1/01)
4.06 Approval or Incorporation of Marital Settlement Agreement: No marital settlement agreement shall be approved by the court or incorporated by reference in a judgment unless:
a. The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation, or both parties and their attorneys have endorsed approval of the agreement on the Judicial Council form of the stipulation for judgment.
b. The agreement is signed and acknowledged before separate notaries by the parties; and
c. (1) If both parties are represented by counsel, the agreement is signed by both
(2) If only one party is represented by counsel, the attorney for that party signs
the agreement and the other party signs a statement in the agreement or a
declaration or affidavit that that party has been advised to consult an attorney
regarding the agreement, but declined to do so.
d. When both parties are represented by counsel, parties need not sign the agreement before separate notaries. (effective 7/1/98, amended 1/1/01and 7/01/10)
4.07 Family Law Trial Requirements:
a. Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, not later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council. Not later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter.
b. The trial brief shall include a full and complete statement of the following information to the extent known or contended:
1. Community and Separate Property: For each item of property, listed
under the same item numbers and in the same order as on the Property
Declaration, with community property listed first, the following:
(i) The date of acquisition;
(ii) The facts upon which it is claimed that the property is community or separate;
(iii) The nature, extent and terms of payment of any encumbrance against the property;
(iv) The manner in which title is presently vested;
(v) The record title data;
(vi) Current market value.
2. Funds Held by Others: To the extent that either community or separate
property consists of funds held by others, such as insurance policies,
pensions, profit sharing or other trust or retirement funds, the statement shall,
to the extent not identified on the property declaration, state serial or account
numbers and shall state the basis for calculation of the present value and all
terms or conditions imposed upon withdrawal of such funds. If any loans
exist against any of these funds, the details regarding those loans shall be set
3. Tracing: If it is contended that a single asset is part community and part
separate property in nature, the statement shall describe the asset, its date of
acquisition, its value, the dates and amount of payments upon the purchase of
the asset or nature and extent of the transaction which resulted in its
acquisition, and a statement of the contended segregation of the total value of
the asset as to its community and separate property values;
4. Current Obligations: With respect to the current obligations of the parties
the statement shall include the date the debt was incurred, the terms of
payment and security, if any held by the creditor, and if it is contended that
the debt is a separate obligation and the debt was incurred during the
marriage a statement as to the basis of that contention;
5. Support, Custody and Visitation: The statement shall specify that party’s
contentions as to child custody, visitation and the amount and duration of
child and spousal support;
6. Appraisals: Each party may attach to the statement a copy of an appraisal
by a qualified appraiser of any real or personal property. (effective 7/1/98, amended 1/107, amended 7/01/10)
4.075 Family Law Settlement Conferences:
Settlement conferences in Family Law matters are set at the discretion of the Bench Officer hearing the matter. (effective 7/1/10)
4.08 Family Law Facilitator: The Superior Court may designate duties to the Family
Law Facilitator, pursuant to Family Code 10005. (effective 7/1/98, amended 1/1/01)
4.09 Family Law Required Attachments: Revoked 7/01/10
4.10 Appointment of Investigator: When filing a petition to free a minor from parental custody and control (Family Code §§7800et seq.), the petitioner shall submit a form of order appointing Child Welfare Services to conduct an investigation as required by Family Code §7850. (effective 7/1/05)
5.0 PROBATE RULES
5.01 Local General and Civil Court Rules Applicable to Probate Matters: Except as otherwise provided in these rules, all provisions in the local general and civil law and motion rules apply to probate proceedings. (effective 7/1/98, amended 1/1/01)
a. Appearances are required on all petitions for appointment of conservators/ guardians, confirmation of sale of real or personal property and any petition to which objections have been filed.
b. If counsel does not appear on any calendared matter, cases that are incomplete or questionable will be continued one (1) to two (2) weeks or may be dropped off calendar, at the discretions of the Court. (effective 7/1/98, amended 1/1/01)
5.03 Correction of an Order: If an order has been filed it can be amended only by Court order. Such an order may be obtained by submitting an ex parte application for an order, with notice to all parties, setting forth the basis for the correction and requesting the judge to sign the amended order. (effective 7/1/98, amended 1/1/01, amended 7/01/10)
a. All petitions must be filed with the clerk’s office at least fifteen (15) calendar days prior to the hearing, except for matters filed under probate Code section 17200 et seq., which shall be thirty (30) calendar days.
b. Petitions for Compromise of Minor’s Claim under Probate Code section 3500 and Code of Civil Procedure section 372 shall be filed with the Court at least seven (7) days before the scheduled hearing. (effective 7/1/98, amended 1/1/01)
a. Publication: The clerk DOES NOT handle the mailing and publication of notices.
Notices must be prepared and submitted at the time of filing the petition.
b. Defective Notice:
1. Publication correct but Mailing defective: The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required.
2. Mailing correct but Publication defective: The matter must be taken off calendar and a new notice must be given by publication and mailing. (effective 7/1/98, amended 1/1/01)
a. Proposed Orders: Except in the case of confirmation of sales, contested matters,
and orders requiring information from a governmental agency, counsel shall submit
the order not later than the third (3) Court day prior to the hearing date.
b. Form of Orders: All orders in probate matters must be complete. The order shall
be drawn so that its substance may be determined without having to refer to the
petition on which it is based. (effective 7/1/98, amended 1/101)
5.07 Blocked Accounts: A petition and order to place assets in a blocked account shall state that “no withdrawal or withdrawals shall be made without prior court order”. A receipt acknowledged by the financial institution indicating the deposit of cash or securities into a blocked account, and in addition, that the financial institution agrees that no withdrawal or withdrawals shall be made without prior court order, must be filed with the clerk’s office within ten (10) days after the date of deposit. Upon a showing of good cause, a petition for withdrawal of funds or securities may be submitted ex parte. (effective 7/1/98, amended 1/1/01)
5.08 Letters of Special Administration: Petitions for Letters of Special Administration ordinarily will not be granted on less that 24 hours notice to the surviving spouse, the person nominated as executor and any other person the Court determines to be entitled to notice. In making the appointment, preference is given to the person entitled to letters, but if it appears that a contest exists, the Court may appoint a neutral person or corporation as special administrator. Effective 7/1/98, amended 1/1/01)
5.09 Declination of Executor: If a nominated executor declines to act, a signed declination must be filed prior to the hearing date. (effective 7/1/98, amended 1/1/01)
5.10 Consent of Representative(s): Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative. (effective 7/1/98, amended 1/1/01)
5.11 Removal of Personal Representative: After a petition for removal has been filed, the attorney for the petitioner shall present to the Court an order directing the clerk to issue a citation. The attorney must prepare the citation, requiring the representative to appear personally and to show cause why the petition for removal should not be granted and letter revoked. (effective 7/1/98, amended 1/1/01)
5.12 Petition for Probate: When a Petition for Probate of a Will or Codicil is filed, the original of the document being offered for probate shall be lodged with the Court prior to or concurrently with the petition. If the Will or any other part thereof is handwritten, an exact typewritten copy of the handwritten portion must also accompany the petition. If the Will is in a foreign language, a translation by an expert shall be submitted at the time of filing the Petition for Probate. A declaration as to the expertise of the translator shall accompany the translation. (effective 7/1/98, amended 1/1/01 and 7/01/10)
a. In a Petition for Probate of a Will, all persons and organizations named in the Will of Codicils shall be listed in Attachment 8 and noticed.
b. The trustee(s) of a living trust who is a beneficiary of a Will shall be listed as a devisee and noticed.
c. If a named devisee predeceased the decedent, that fact must be stated. In cases where the devisee died after the decedent, the date of death must be stated and notice mailed in care of his or her personal representative of one has been appointed of alternatively, to an appropriate representative.
d. A declaration specifying efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required, pursuant to Probate Code Section 12405.
e. If the decedent had no known heirs, or heirs of a predeceased spouse pursuant to Probate Code section 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.
f. A petition for an appointment of a successor personal representative does not require a Notice of Petition to Administer Estate. Notice shall be given in the manner provided in Probate Code section 8100 et seq. Publication is not required.
g. Notice to minors, where their names and addresses are known to petitioner, shall be addressed individually to the minor and mailed to the minor’s residence. A copy of the notice shall be sent to the minor’s parent(s) or guardian. (effective 7/1/98, amended 1/1/01)
5.14 Inventory and Appraisal: The Inventory and Appraisal should be filed within the time required under Probate Code sections 8800 et seq. An additional copy must be submitted when real property is included for the clerk to transmit to the Assessor’s Office. (effective 7/1/98, amended 1/1/01 and 7/01/10)
5.15 Creditor’s Claim: Creditor’s shall file their claims with the Clerk’s Office and mail a copy to the personal representative. The disposition of all such claims must be reported to the Court on the Judicial Council form “Allowance of Rejection of Creditor’s Claim”, prior to any distribution. This also applies to fiduciaries acting under independent administration. (effective 7/1/98, amended 1/1/01)
5.16 Sale of Real Property:
a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. An appearance is required.
b. A copy of the contract of sale shall be attached to the petition for confirmation of sale.
c. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.
d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be noticed of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.
e. Overbids: All overbids in open court must be in writing before the Judge will accept the offer and grant the sale. (effective 7/1/98, amended 1/1/01)
5.17 Petition for Instructions: A petition for instructions is only appropriate when no other or different procedure is provided by statute. The petition should set forth the requested instruction and a description of the reasons why the instruction is necessary, or set forth alternatives and the anticipated results of taking action under each listed alternative. All interested parties shall be noticed. A proposed order shall be submitted at least ten (10) calendar days prior to the hearing. (effective 7/1/98, amended 1/1/01)
5.18 Petition for Distributions:
a. Ex Parte Preliminary Distribution Petitions: Except upon the written consent of all beneficiaries or all heirs, ex parte petitions for distribution must set forth the justification for such urgent action.
b. Description of Assets: Property to be distributed shall be listed and described in detail: description by reference to the Will or inventory is not acceptable. This applies to preliminary and final distribution with or without an accounting.
c. Specifically Bequeathed Property: If specifically bequeathed personal property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact.
d. Description of Distribution: When the inventory value of the estate exceeds four hundred thousand dollars ($400,000), the names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution.
e. Compliance with Probate Code Sections 9202 and 215: The first report of administration of a decedent’s estate shall contain allegations either that notice of decedent’s death has been provided to the Director of Health Services required by Probate Code sections 9202 and 215 or that no such notice is required.
f. Specifically Devised Real Property: Unless waived, a separate accounting for specially devised real property is required. Such accounting shall set forth the income and expense allocable to such real property (e.g., rents, taxes maintenance, repairs, insurance). For apportionment of income and expenses see Probate Code sections 12002(c)(d).
g. Distribution to Intestate Heirs: The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of intestate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and approximate date of the parent’s death.
h. Distribution of Fiduciary: Where assets are to be distributed to a trustee, conservator, guardian or other personal representative, an account shall be filed, unless waived. If distribution is to a trustee, there shall be filed with the petition for distribution either acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the personal representative for the appointment and designation of a substitute trustee.
i. Distribution by Agreement or Assignment: Where assets are to be distributed unequally in kind by agreement of heirs or beneficiaries an executed and acknowledged copy of the agreement shall be attached to and incorporated into the petition for distribution and the terms of the agreement set out in the order of distribution is to be made pursuant to Assignment on Interest of Heir or Beneficiary. The assignment shall set forth the details of consideration and shall be executed, acknowledged and filed with the petition for distribution.
j. Terms of Testamentary Trust: The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporate by reference.
k. Distribution of Minor or Incompetent: On distribution to a minor or incompetent, the petition for distribution shall set forth either facts showing compliance with Probate Code sections 3400 et seq., or there shall be filed with the petition certified copies of letters of conservatorship or guardianship.
l. Interest on General Pecuniary Legacies: The Court will strictly enforce Probate Code section 12003 and will order payment of interest at the statutory rate on all general pecuniary legacies not paid within one (1) year from date of decedent’s death unless payment of interest is waived in the Will. Attorneys are responsible for determining the correct rate and computing the amount of interest.
m. Payment of Taxes: The petition for final distribution must address the question of the source of the payment of the federal estate tax, if any. If prorated, the final report must show the computation, and the order for final distribution must include the proration.
n. Actions Under Independent Administration of Estates Act: If a personal representative has proceeded under the Independent Administration of Estates Act, the final report, whether or not accompanied but an accounting, shall contain a list of all independent act performed and an allegation that all required Notices of Proposed Action were duly served and that no objections were made.
o. Allegation on Creditor’s Claim: It is not sufficient simply to allege that all creditor’s claims have been paid. Rather, the claims presented must be listed showing the claimant, the amount claimed, and the disposition of each claim. If any claim has been rejected, the date of service of notice of rejection of claim shall be stated. The required allegation must appear in the final report, even though it may have appeared in whole or in part in prior reports.
p. Allegations re: Character of Assets: In all cases where the character of the property may affect distribution, whether the decedent died testate of intestate, the petition for distribution must contain an allegation as to the separate of community character of the property and the identity thereof.
q. Waiver of Accounting on Final Distribution: The waiver makes a listing of the details of receipts and disbursements unnecessary. All other matters (the reporting of creditors claims, sales and purchases, changes in the form of assets or other transactions, etc.) must be presented in the report.
r. Closing Expenses: When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof. (effective 7/1/98, amended 1/1/01)
5.19 Final Discharge: The “order” portion of the Declaration and Order for Final Discharge shall be completed in full except for the date and name of the Judge. (effective 7/1/98, amended 1/1/01)
5.20 Statutory Commissions and Fees in Probate Estates:
a. Court authorization is required for advance payment of any compensation to a fiduciary or attorney for any such fiduciary.
b. Unless statutory compensation is waived, calculation of the statutory compensation and any prior payments of statutory compensation shall be set forth in the petition for compensation.
c. Where the accounting is waived, the basis of the statutory compensation shall be the inventory values of the estate plus receipts plus or minus gains or losses on sales. Such gains or losses shall be reflected in the report of the personal representative. If receipts are to be included in the computation they must be set forth in detail.
e. The Court may deduct from the personal representative’s statutory commissions any sums paid from estate funds for the performance of the representative’s ordinary duties.
f. Where an attorney is the personal representative and a member of a law firm, attorney’s fees will not be allowed unless a declaration is executed and filed stating that the representative will not share in the attorney’s fees to be received by the firm. (effective 7/1/98, amended 1/1/01)
5.21 Extraordinary Services: In evaluating the justification for an award of fees for extraordinary services, the Court will take into consideration the statutory fee and determine whether it constitutes adequate compensation for all the services rendered by the attorney or representative.
a. Ordinarily, compensation for extraordinary services will not be allowed or paid before the final accounting has been approved by the Court.
b. Extraordinary services will not be considered unless the caption, prayer of the petition and notice to distributees contain a reference to the application for extraordinary compensation.
c. Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include a detailed explanation for the extraordinary services. It shall be separately stated in a declaration under penalty of perjury executed by the person rendering the services. Such application shall specify the amount requested for each item of service, not merely a “reasonable amount”. Time sheets shall not be submitted.
d. In determining the compensation of an attorney for extraordinary services rendered with respect to real property sales, the Court will consider the amount of time involved, whether or not a real estate broker was employed, the involvement of the attorney in negotiations, the nature of the other services rendered (e.g., drafting of the sales agreement and its complexity, preparation of deeds and other documents) and other similar information. The personal representative may also request compensation for extraordinary services in regard to sales of real property.
e. Preparation of Federal Estate Tax Return: In determining the compensation of a personal representative or an attorney for the preparation of a federal estate tax return, the Court will ordinarily consider the hours spent, the intricacy or peculiar nature of any of the issues or computations involved, the extent of any audit, the value of the gross estate, the amount of the tax and other similar information. (effective 7/1/98, amended 1/1/01)
5.22 Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described. (effective 1/1/01)
5.23 Filing Fee Refund: Revoked 7/01/10
5.24 Probate Note Procedures: Matters appearing on the Probate Calendar will be reviewed by the research attorney and may be “Recommended for approval” unless written objections are filed, oral objections are made in open court, or there are procedural defects or other circumstances that need to be resolved before the order can be granted.
a. To qualify for “Recommended for approval” status, all supporting documents and a proposed order must be submitted to the clerk’s office at least five (5) court days before the calendared hearing.
b. Probate Notes indicating the status of matters on the court’s Probate Calendar are generally available several days prior to the calendared hearing. The information as to status will be posted on the court’s website: www.tuolumne.courts.ca.gov. (effective 1/1/07, amended 7/01/10)
5.25 Matters Removed From Recommended Status: If an objector or counsel for an objector to a matter recommended for approval appears at the hearing, the Court will ordinarily continue the matter. The court may direct that written objections or an opposing petition be filed prior to the continued date.
a. If the attorney of record on the matter is not present, the courtroom clerk ordinarily will advise of the continuance and the reason therefore. (effective 1/1/07, amended 7/01/10)
6.0 CONSERVATORSHIP AND GUARDIANSHIP
6.01 Temporary Conservatorships and Guardianships:
a. The petition for appointment of a temporary conservator and guardian must be filed with or after the filing of a petition for a permanent conservator/guardian. The petition must state facts establishing the urgency requiring the appointment of the fiduciary (e.g., situation requiring immediate action to protect the health, welfare or the estate of the proposed conservatee/minor). Notice shall be given as set forth in Probate Code section 2250(c), unless the Court for good cause otherwise orders. A temporary conservator/guardian shall not be appointed without a hearing, and may only be appointed without notice only in emergency situations.
b. If the attorney is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors must be given at least twenty-four (24) hours notice of the time and place the petition for appointment of the temporary conservator will be presented.
c. Ordinarily the Court will require a bond or a blocked account for temporary conservators/guardians of the estate.
d. Good cause must be shown for special powers to be granted without a hearing. If special powers are sought, they must be specified in the petition and supported by factual allegation. In any case involving a special medically related power, a physician’s declaration should be presented with the petition. (effective 7/1/98, amended 1/1/01 and 7/01/10)
6.02 Petitions for Appointment of Conservator/Guardians: On all petitions for appointment of a conservator or guardian, an investigation shall be conducted pursuant to Probate Code sections 1826 or 1513. Notice of at least twenty-five (25) calendar days is required in order for Court investigations to be completed on all petitions for appointment. The Petitioner shall provide the form of order for appointment of the Court investigator at the time the petition is filed, and shall promptly notice the investigator of the appointment. The Petitioner is required to provide an additional copy of the petition, and any other required documents to the clerk, for the use of the Court appointed investigator. (effective 1/1/01, amended 7/1/03)
6.03 Independent Powers: If independent powers under Probate Code sections 2590 and 2591 are requested, an attachment to the petition shall specify the powers and reasons requiring the powers requested. Only those powers necessary and proper shall be granted. (effective 7/1/01, amended 1/1/01)
6.04 Limited Conservatorships:
a. If the proposed conservatee is a developmentally disabled person (Probate Code section 1420), a petition for limited conservatorship is mandatory. However, pursuant to Probate Code section 1828.5(d), upon investigation, the Court may find that a general conservatorship (as opposed to a limited conservatorship) is appropriate.
b. Appointment of counsel for a proposed limited conservatee is mandatory. An ex-parte application and order for appointment of counsel may be submitted prior to the hearing to avoid continuance or delay. If a Public Defender is requested, facts in the application must assert the proposed conservatee’s financial inability to obtain private representation. (effective 7/1/98, amended 1/1/01)
6.05 Notice of Residence: In every conservatorship and guardianship, a Notice of Residence must be filed with the initial petition for appointment, with all accountings (including the final accounting) and at any time there is a change in residence of the conservatee or ward. (effective 7/1/98, amended 1/1/01 and 7/01/10)
6.06 Conservatee’s Mental Capacity: A proposed conservatee who has made a nomination and/or waived the requirement of a bond, must prove to the Court that he or she has or had the capacity to understand the nature and signification of such actions at the time of making the nomination or waiver of bond. This may be done by oral representation at the hearing for appointment. A statement by counsel that the conservatee is present and does not object is not sufficient. This also applies where the proposed conservatee is the petitioner. (effective 7/1/98, amended 1/1/01)
6.07 Declaration Under UCCJA: In any guardianship of the person of a minor, a declaration under the Uniform Child Custody Jurisdictional Act shall be filed with petition for appointment and at any time there is a change of address of the minor. A duplicate copy shall be included for the appropriate Court investigation agency. (effective 7/1/98, amended 1/1/01)
6.08 Guardianship Funds for Support of Minor: In all cases where it is intended that guardianship funds be used for the ordinary expenses of supporting a minor and there is a parent living who has the obligation to support the minor, the guardian shall obtain Court approval prior to the expenditure of funds for that purpose. (effective 7/1/98, amended 1/1/01)
6.09 Inventory and Appraisal: An inventory shall be filed in all cases where there is a conservatorship/guardianship of the estate, even in a case where relief from the requirements of filing accountings may be sought under Probate Code section 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate. (effective 7/1/98, amended 1/1/01 and 7/01/10)
6.10 Review Hearing for Inventory and Appraisal: The Inventory and Appraisal is due ninety (90) days from the appointment of the conservator. A review hearing will be set at the time of the appointment to confirm that the document is on file. No appearance is required if the Inventory is on file prior to the review hearing unless the Court notifies counsel of the conservator of a need to appear. Counsel may contact the Court to verify the receipt of these documents prior to the review date. (effective 7/1/98, amended 1/1/01)
6.11 Separate Accounting for Several Minors: When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor’s estate are readily ascertainable. (effective 7/1/98, amended 1/1/01)
6.12 Successor Conservator/Guardian:
a. The petition for a successor conservator/guardian shall be submitted on the same form approved by the Judicial Council for initial petitions.
b. Successor conservators/guardians of the estate shall file an accounting one (1) year after the successor’s appointment date and thereafter at least biennially. (effective 7/1/98, amended 1/1/01)
6.13 Sale of Conservatee’s Personal Residence: To notify the Court of an intention to sell a conservatee’s personal residence pursuant to Probate Code 2540(b), counsel shall file an ex parte petition and order, which fully complies with all requirements of that section. (effective 7/1/98, amended 1/1/01)
6.14 Reports and Accounts: A report and account shall be filed within sixty (60) days after the anniversary date. (effective 7/1/98, amended 1/1/01)
6.15 Waiving of Accounts:
a. Pursuant to the provisions of Probate Code section 2628, the Court may waive the requirement of an accounting. A petition for waiver of accounting may be heard ex parte, subject to the Court’s review of the most current Court Investigator’s report. The petition must assert that the conservatee or minor (over the age of 14) was informed in person or in writing of the conservator’s request for the waiver of account, and that the conservatee either agreed to the waiver or did not respond.
b. If the conditions of Probate Code section 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code Section 2628(b) are no longer applicable. This must be explicitly set forth in the order. The petitioner must, nevertheless, continue to keep accurate records in order to prepare any accounts that may be required under Probate Code section 2628, subdivision (c) and (d). (effective 7/1/98, amended 1/1/01)
6.16 Removal of Conservator or Guardian: For removal of a fiduciary please refer to Rule 5.11. (effective 7/1/98, amended 1/1/01)
6.17 Termination of Conservatorship and Guardianship:
a. Investigation Reports: When the conservatorship/guardianship is being terminated for reasons other that death or attaining the age of majority, a hearing must set at least thirty (30) days in advance in order to allow time for an investigation report.
b. Notice: Notice must be given to allow to a former minor or conservatee on the settlement of the final account. Notice also must be given to the representative of a deceased ward of conservatee. If the representative of the estate is the same person as the guardian of conservator or of there is no such representative, notice also must be given to the heirs of devisees of the deceased ward or conservatee.
c. Discharge of a Guardian: Discharge of a guardian will not be made in the order settling final account. A separate declaration for final discharge must be submitted together with the receipt executed by the former minor. The declaration must show the date on which the minor reached majority. A guardian is not entitled to a discharge until one (1) year after the minor has attained majority unless the minor has given the guardian a valid release. (effective 7/1/98, amended 1/1/01)
6.18 Fees and Commissions: All fees and compensation for attorneys and fiduciaries
shall be set by the Court.
a. Court authorization is required for advance payment of any compensation to a guardian, conservator of an attorney for any such fiduciary.
b. Attorney and conservator fees are not payable under a temporary conservatorship, unless Probate Code section 2640 is satisfied.
c. The Court will evaluate the services as a whole rather that designate part of the services as “ordinary” and part of the services “extraordinary”.
d. The caption of a petition embodying an application for the payment of fees and commissions and the notice of hearing of such petition shall include a reference to the request.
e. Attorney’s fees and fiduciary fees may be reduced when the services in question have been rendered for less than a full year.
f. In the event the attorney has performed bookkeeping and other services for an individual fiduciary, the Court may award the fiduciary’s attorney a larger compensation and the individual fiduciary a lesser compensation and the individual fiduciary a lesser compensation.
g. Only legal fees for counsel appointed by the Court to represent the conservatee may be awarded and included in the Order Appointing Conservator.
h. Where an attorney is the fiduciary and is a member of a law firm, attorney’s fees will not be allowed unless a declaration is executed and filed by the fiduciary agreeing that the fiduciary will not share in the attorney’s fees to be received by the firm.
i. The fiduciary may employ tax counsel, accountants or other tax experts for the preparation of tax returns and for other tax services. The Court may deduct from the fiduciary’s commissions any sum paid form estate funds for performance of the fiduciary’s duties such as ordinary accounting and bookkeeping services. (effective 7/1/98, amended 1/1/01)
7.01 Calendaring: Upon the entry of a not guilty plea by a defendant the Court shall set:
a. A firm trial date; and
b. A trial readiness conference date one (1) to fourteen (14) days prior to the trial date. (effective 7/1/98, amended 1/1/01)
7.02 Trial Readiness Conference:
a. Attendance at the trial readiness conference is mandatory for the defendant, counsel for defendant, and a prosecuting attorney with full authority to dispose of the case.
b. Prior to the trial readiness conference hearing, the District Attorney or a deputy who will try the case with full authority to dispose of the case and defense counsel who will try the case must meet and confer with reference to a possible disposition and attempt in good faith to effect a disposition without trial.
c. It shall be the policy of the Courts of this County to facilitate early disposition of cases. It is the responsibility of counsel to calendar before the department of the Court to which the case has been assigned any change of plea as soon as practicable.
d. Except in unusual circumstances, after the trial readiness conferences or such other date as the Court may prescribe, the defendant may not be permitted to plead guilty to less than the principal charges.
e. If a prison term is alleged, the prosecuting attorney shall provide a certified copy of the commitment at the time of the conference. (effective 7/1/98, amended 1/1/01)
7.03 Bail – Real Property Bonds: Before a property bond may be accepted by the Court, a hearing must be held, pursuant to Penal Code Section 1298. In order to set the matter for hearing, a noticed motion with proof of service to the District Attorney must be filed in the clerk’s office at least ten (10) calendar days before the date set for hearing. The following documents must be submitted with the motion:
a. Application for Real Property Equity Bond and Declaration of Property Owner.
b. Signed Promissory Note.
c. Certified copy of the Recorded Deed of Trust.
d. Current Lot Book Guarantee (preliminary title report) concerning the property prepared by a recognized California Title company.
e. Appraisal of the property by a certified appraiser.
f. Statements from any and all mortgage companies having liens against the property showing the amount of present obligations owed on the property.
A judge may require additional evidence in the order to ascertain the true equity in the property held by the applicants. All costs incurred to process the property bond must be borne by the applicant. (effective 7/1/98, amended 1/1/01)
7.04 Personal Surety Bonds: Personal Surety Bonds (Penal Code section 1278) are not recommended and will not normally be allowed by the Court. (effective 7/1/98, amended 1/1/01)
7.05 Motions in Limine: All in Limine motions shall be in writing. Each motion is limited to a single subject. Motions shall be consecutively numbered. Responses shall address the subject of the motion, and shall be numbered the same as the motions. (effective 1/1/01)
7.06 Oral Testimony, Law and Motion: Notwithstanding any other provisions of law, no oral testimony shall be allowed in sentencing hearing, or law and motion hearing, unless the party offering the oral testimony notices the Court and opposing party two (2) Court days prior to the hearing. (effective 1/1/01)
7.07 Police Reports; Availability and Confidentiality: Reports containing confidential personal information about any victim or witness, including but not limited to police reports, arrest reports, investigative reports, that are submitted to the court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or arrest warrant, shall be maintained in the Court file as a confidential report.
a. There must be a written request made in order to review a report described above, maintained as a confidential report.
b. Within five (5) court days of the written request, the report shall be reviewed, and any confidential personal information, as described in Penal Code §964(b), will be redacted.
c. The redacted report will be provided to the person who made the written request. (effective 7/1/05)
8.01 Juvenile Hearings: Juvenile matters may be assigned to any of the five departments of the Superior Court of California, County of Tuolumne. (effective 1/1/01, amended 7/01/10)
8.02 Prehearing Discovery:
a. Prehearing discovery shall be reciprocal and shall be conducted on an informal basis, pursuant to California Rules of Court 5.546. In the case of contested hearings, the parties shall exchange witness lists of all witnesses to be called, if not included in the Social Study Report prepared by CWS of police reports, at least five (5) days prior to the hearing. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties to the litigation.
b. Formal Discovery: Only after all informal means have been exhausted may a party petition the Court for discovery. A noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information. The motion shall be served upon all parties at least five (5) Court days before the hearing date. The date for the hearing shall be obtained from the Calendar Coordinator. Any responsive papers shall be served two (2) court days prior to the hearing.
c. The names of any experts to be called by any party and copies of any reports, if not part of the Social Study Report prepared by CWS, shall be provided to all counsel at least five (5) calendar days before the hearing. (effective 1/1/01, amended 1/01/07)
8.03 Settlements: The Court recognizes that agreement between the parties with regard to the matters before the Court is not only beneficial to the children but also often contributes to the satisfactory reunification of the family. The Court encourages settlement discussion between the parties at any time prior to the hearing. The Court shall be promptly advised of any proposed settlements, admissions, or submissions of the entire hearing on reports. (effective 1/1/01)
8.04 Standards of Representation: All counsel appearing in a dependency proceeding shall meet the minimum standards of representation as stated in California Rules of Court 5.660. All counsel shall comply with their professional duties as required by statute, regulation, and State and Local Rules. All Court appointed counsel for parties in juvenile dependency proceedings must meet minimum standards of competence as set forth in these rules. (effective 1/1/01, amended 1/01/07)
8.05 Minimum Standards of Education and Training of Appointed Counsel: Each appointed counsel appearing in a dependency matter before the Juvenile Court shall have completed minimum training and education requirements as required by California Rules of Court 5.660(d). (effective 1/1/01, amended 1/01/07)
8.06 Procedure for Reviewing and Resolving Complaints:
a. Any party to a juvenile Court proceeding may lodge a written complaint with the Court concerning the performance of his or her appointed counsel in a juvenile court proceeding, pursuant to California Rules of Court 5.660(e). In the case of a complaint concerning the performance of counsel appointed to represent a minor, the complaint may be lodged on the child’s behalf by the social worker, a caretaker, relative, or a foster parent. Any complaint shall be lodged separately in the juvenile court file in a sealed envelope.
b. Counsel shall be provided with a copy of the complaint. The Court shall review any complaint within ten (10) days of receipt and may determine, based upon that complaint, that a prima facie case does not exist, to believe that counsel has failed to act competently or has violated these rules. In that event, no further action is required by the Court; however, the Court shall lodge its decision in the file. This shall constitute a final decision on the matter.
c. If the Court determines that the complaint does present a prima facie case that counsel may have failed to act competently or has violated Local Rules, the Court shall either request an informal response from counsel or conduct a hearing in order to make a determination on the issue. If ordered, the hearing shall be held as soon as is practical. The complainant and counsel shall each be given at least five (5) days notice of the hearing. The hearing shall not be open to the public or the parties to the Juvenile Court proceeding. The Presiding Judge of the Juvenile Court may designate a Commissioner, Referee, or Judge Pro Tem, or any qualified member of the Bar to act as a Hearing Officer to review and comment on the complaint and question and report its findings and recommendations to the Presiding Judge of the Juvenile Court. Based on the findings of any such hearing, the Presiding Judge of the Juvenile Court may take appropriate action as determined by the Court to be necessary.
d. Any complaints, written responses to the complaints or written notification of the Court’s determination, or any comments or findings pursuant to a review hearing, as set forth in this Rule, shall be subject to the confidentiality requirements established under Welfare & Institutions Code Section 827. (effective 1/1/01, amended 1/01/07)
8.07 Procedures for Informing the Court of other Forum Interest of a Dependent Child: At any time during the dependency proceeding, counsel for the minor or any interested person may notify the Court that the minor may have an interest or right which needs to be protected or pursued in another judicial or administrative forum as soon as it is reasonably possible for counsel to do so. Notice to the Court should be by filing of a declaration. 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. The Court will respond as appropriate, pursuant to California Rules of Court 5.660(g). (effective 1/1/01, amended 1/01/07)
9.01 General: Upon the filing of any adoption petition or adoption-related matter (including termination of parental rights and freedom from custody and control), the clerk of the Court will send notice of pendency of action to the appropriate investigating agencies. However, Petitioners are responsible for submitting all moving papers, fees, and all required information, to the investigating agency. (effective 1/1/01)
9.02 Finalization: Adoptions may not be set for finalization hearing until all of the following have been completed:
a. The written consent of both birth parents, if living, have been filed with the Court by the Petitioner or by the adoption agency, or all birth parent’s rights have been terminated and the appeal period has expired on the order terminating parental rights. Termination of parental rights is required prior to finalization in every case where a living parent does not consent, even if the identity or location of the non-consenting parent in unknown.
b. The adoption agency or investigating agency has filed with the Court its written report to recommend granting or denying the petition, and a completed and signed Court Report of Adoption has been lodged in the file. (state form VS-44).
c. Petitioners have submitted to the clerk an unsigned Adoption Agreement and the Proposed Adoption Order. (effective 1/1/01, amended 7/01/05)
9.03 Independent Adoptions: Within thirty (30) days of filing, Petitioners shall be responsible for forwarding a file-marked copy of the Adoption Petition to the appropriate District Office of the State Department of Social Services. (effective 1/1/01)
9.04 Agency Adoptions: Within thirty (30) days of filing, Petitioners are responsible for forwarding a file-marked copy of the Adoption Petition to the adoption agency which placed the child in Petitioner’s custody. (effective 1/1/01)
9.05 Step-Parent Adoptions: Within thirty (30) days of filing, Petitioners are responsible for forwarding a file-marked copy of the Petition to the agency designated by Tuolumne County to perform step-parent adoption investigations. Petitioners must also forward all documentation required by the agency, and must pay the agency fee within one (1) year of filing the petition. The Court may, on its own motion or on the motion of the investigating agency, dismiss any petition which petitioners have failed to finalize within eighteen (18) months of the original filing date, unless Petitioners can demonstrate good cause for the delay. (effective 1/1/01)
9.06 It is the general policy of this Court that a petition for adoption should not be filed until a child is free to be adopted. (effective 7/01/10)
10.0 COURT COMMUNICATION REGARDING RESTRAINING ORDERS
10.01 Court Communication: Until the court has an operational case management system capable of automatically coordinating domestic violence orders, the Court’s criminal, family and juvenile law departments shall, to the best of their abilities, communicate with one another to identify families with existing orders. (effective 7/01/10)
10.02 Avoiding Conflicting Orders: No department of the family or juvenile court shall issue a protective order or custody order in conflict with an order of the criminal court. In the event such an order is issued inadvertently, the orders of the criminal law proceeding shall control. (effective 7/01/10)
10.03 Modification of Criminal Protective Order:
a. Upon notice of an existing criminal protective order, the Family or Juvenile Court shall refer the parties requesting custody and visitation to the Criminal Division. There, the person restrained by a criminal protective order or protected by a criminal protective order may request a hearing to modify the criminal protective order to expand or restrict contact between the person restrained by the order and his or her children.
b. The Court may make a custody and visitation order in a Family Law case after a criminal protective order has issued. The Court shall explain to the parties that that order cannot be enforced by law enforcement unless the criminal protective order is modified to include the terms of the custody and visitation order. (effective 7/01/10)
10.04 Coexisting Criminal and Family or Juvenile Orders: A family or juvenile court order may coexist with a criminal protective order, subject to the following:
a. Any order the permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language, either printed or handwritten, that violates a “no contact order” issued by a criminal court.
b. After having knowledge of existing child custody and visitation orders, the criminal court issuing a protective order shall indicate on the order that contact and visitation between the restrained person and his or her children is pursuant to orders previously ordered by the family or juvenile court.
c. Safety of all parties shall be the court’s paramount concern. The family or juvenile court shall specify the time, day, place and manner of transfer of the child as provided in Section 3100 of the Family Code. (effective 7/01/10)
11.01 Written not guilty plea: Any defendant who has received a written notice to appear for an infraction may, prior to the time at which the defendant is required to appear, plead not guilty in writing in lieu of appearing in person. Local form TR-TRF10, found in the appendix of these rules, shall be used when making the written not guilty plea. In delivering the written plea to the court, the defendant shall comply with Vehicle Code §40519. (effective 7/1/05)
FORMS BY NAME
LOCAL APPROVED FORMS BY NUMBER
ALPHABETICAL SUBJECT MATTER INDEX
Rule: Page: Title:
9.04 35 Agency Adoptions
3.10 15 Amicus Brief
3.06 14 Appearance at Hearing
5.02 20 Appearances
4.10 19 Appointment of Investigator
4.06 17 Approval or Incorporation of Marital Settlement Agreement
3.05 13 Argument and Oral Testimony at Law and Motion Calendar
3.09 14 Attorney Fees
10.02 36 Avoiding Conflicting Orders
7.03 31 Bail – Real Property Bonds
5.07 21 Blocked Accounts
7.01 31 Calendaring
1.01 6 California Rules of Court
2.04 9 Case Management Conference
4.05 17 Children of Divorce Education Program
2.12 12 Civil Court Trials
2.09 11 Civil Long Cause Trial Calendar
10.04 36 Co-existing Criminal, Family or Juvenile Orders
2.02 9 Complaints
5.10 21 Consent of Representative (s)
6.06 28 Conservatee’s Mental Capacity
1.11 7 Continuances
1.04 6 Copies
5.03 20 Correction of an Order
5.22 25 Costs
10.01 36 Court Communications
1.07 6 Court Reporter’s Schedule
5.15 22 Creditor’s Claim
2.03 9 Cross-Complaints
4.03 16 Custody Issues
1.10 7 Dangerous Evidence
6.07 28 Declaration Under UCCJA
5.09 21 Declination of Executor
2.01 9 Definition of General Civil Case
2.07 11 Demand for Jury Trial
2.06 10 Differentiation of Cases to Achieve Goals
1.02 6 Division of Business
1.05 6 Duplicate Judgment
1.08 7 Electronic Sound Recordings
5.21 25 Extraordinary Services
4.08 19 Family Law Facilitator
Rule: Page: Title:
4.09 19 Family Law Required Attachments: revoked
4.07 18 Family Law Trial Requirements
6.18 30 Fees and Commissions
5.23 25 Filing Fee Refund
1.03 6 Filings and Checks Returned for Non-Payment
5.19 24 Final Discharge
9.02 35 Finalization
4.02 16 Financial Issues
9.01 35 General
9.06 35 General Policy
6.08 28 Guardianship Funds for Support of Minor
9.03 35 Independent Adoptions
6.03 27 Independent Powers
5.14 22 Inventory and Appraisals
6.09 28 Inventory and Appraisals
1.14 8 Judicial Vacation Day defined
2.13 12 Jury Instructions, Witness Lists and Requested Voir Dire
2.11 11 Jury Trials
8.01 33 Juvenile Hearings
5.08 21 Letters of Special Administration
6.04 27 Limited Conservatorship
4.01 16 Local Civil Rules Applicable to Family Law
1.15 8 Local Forms
5.01 20 Local General & Civil Court Rules Applicable to Probate Matters
4.04 16 Mandatory Mediation
5.25 26 Matters Removed From Recommended for Approval Status
8.05 33 Minimum Standards of Education & Training of Appointed Counsel
10.03 36 Modification of Criminal protective Orders
7.05 32 Motions in Limine
6.05 28 Notice of Residence
5.13 21 Notices
7.06 32 Oral Testimony, Law and Motion
1.06 6 Orders for Disbursement of Funds
5.06 20 Orders
3.04 13 Orders Shortening Time
7.04 31 Personal Surety Bonds
6.02 27 Petition for Appointment of Conservator/Guardian
5.18 23 Petition for Distribution
5.17 22 Petition for Instructions
5.12 21 Petition for Probate
5.04 20 Petitions
7.07 32 Police Reports: Availability and Confidentiality
8.02 33 Prehearing Discovery
5.24 26 Probate Note Procedures
Rule: Page: Title:
8.07 34 Procedure for Informing the Court of the Interest of a Dependent Child
8.06 33 Procedure for Reviewing & Resolving Complaints
5.05 20 Publication
6.16 29 Removal of Conservator or Guardian
5.11 21 Removal of Personal Representative
6.14 29 Reports and Accounts
3.02 13 Request for Continuances
1.13 7 Requests for Ex-Parte Hearings
1.09 7 Return of Exhibits
6.10 28 Review Hearing for Inventory and Appraisement
6.13 29 Sale of Conservatee’s Personal Residence
5.16 22 Sale of Real Property
1.12 7 Sanctions
6.11 28 Separate Accounting for Several Minors
3.01 13 Setting Hearings
2.05 10 Settlement Conference
2.08 11 Settlement of Civil Jury Trials
8.03 33 Settlements
8.04 33 Standards of Representation
5.20 24 Statutory Commissions and Fees in Probate Estates
9.05 35 Step-Parent Adoption
3.08 14 Substitution of Counsel
6.12 29 Successor Conservator/Guardian
3.07 14 Telephone Appearances
6.01 27 Temporary Conservatorships and Guardianships
3.11 15 Tentative Rulings
6.17 29 Termination of Conservatorships and Guardianships
3.03 13 Timely Service of Papers
2.10 11 Trial Briefs in Civil Cases
7.02 31 Trial Readiness Conference
2.14 12 Unlawful Detainer Proceedings
2.15 12 Unlawful Detainer and Small Claims Time Standards
6.15 29 Waiving of Accounts
11.01 37 Written Not Guilty Plea