LIST OF AMENDMENTS TO THE CALIFORNIA RULES OF COURT AND STANDARDS OF JUDICIAL ADMINISTRATION Adopted by the Judicial Council of California on October 20, 2006, effective January 1, 2007 Rule 1.21. Service ........................................................................................... 6 Rule 1.37. Use of forms .................................................................................. 6 Rule 1.42. Forms not to be rejected ................................................................ 7 Rule 2.150.

Authorization for computer-generated or typewritten forms for proof of service of summons and complaint.................................................... 7 Rule 2.893. Appointment of noncertified interpreters in criminal cases and juvenile delinquency proceedings.................................................................... 8 Rule 2.1010. Juror motion to set aside sanctions imposed by default............ 9

Chapter 3. Attorneys ..................................................................................... 10 Rule 3.35. Definition of limited scope representation; application of rules . 1 0 Rule 3.36. Notice of limited scope representation and application to be relieved as attorney ........................................................................................ 10 Rule 3.37. Nondisclosure of attorney assistance in preparation of court documents ......................................................................................................12 Rule 3.51.

Method of application and filing of papers ................................. 13 Rule 3.56. Procedure for determining application........................................ 13 Rule 3.57. Application granted unless acted on by the court ....................... 14 Rule 3.220. Case Cover Sheet....................................................................... 14 Rule 3.300. Notice of Related cases ............................................................. 14 Rule 3.403. Action by court.......................................................................... 19 Rule 3.513.

Service of memorandums and declarations............................... 19 Rule 3.521. Petition for coordination............................................................ 20 Rule 3.522. Notice of submission of petition for coordination .................... 20 Rule 3.523. Service of notice of submission on party .................................. 21 Rule 3.525. Response in opposition to petition for coordination ................. 21 Rule 3.526. Response in support of petition for coordination...................... 21 Rule 3.867.

Confidentiality of complaint procedures, information, and records............................................................................................................22 Rule 3.874. Appearance at mediation sessions Attendance, participant lists, and mediation statements............................................................................... 22 Rule 3.1182. Monthly reports ....................................................................... 23 Rule 3.1202. Contents of application............................................................ 24 Rule 3.1354.

Written objections to evidence................................................ 24 Rule 3.1590. Announcement of tentative decision, statement of decision, and judgment.........................................................................................................28 Rule 3.2107. Request for court order............................................................ 28

2 Rule 4.104. Procedures and eligibility criteria for attending traffic violator school .............................................................................................................29 Rule 4.130. Mental competency proceedings............................................... 31 Rule 4.330. Misdemeanor hate crimes.......................................................... 35 Rule 4.421. Circumstances in aggravation ................................................... 35 Rule 4.427. Hate crimes................................................................................ 36 Rule 5.20.

Applicabilitytion of rules............................................................. 38 Rule 5.134. Notice of entry of judgment ...................................................... 39 Rule 5.225. Education, training, and experience standards for court- appointed child custody investigators and evaluators Appointment requirements for child custody evaluators ..................................................... 39 Rule 5.365. Procedure for consolidation of child support orders ................. 50 Rule 5.375.

Procedure for a support obligor to file a motion regarding mistaken identity............................................................................................ 52 Rule 5.501. Preliminary provisions .............................................................. 52 Rule 5.518. Court-connected child protection/dependency mediation......... 52 Rule 5.536. General provisions—proceedings held before referees ............ 53 Rule 5.552. Confidentiality of records (§§ 827, 828)................................... 54 Rule 5.570. Petition for modification Request to change court order .......... 55 Rule 5.585.

Review by appeal ...................................................................... 58 Rule 5.595. Review by extraordinary writ—section 300 proceedings......... 59 Rule 5.600. Writ petition after orders setting hearing under

section 366.26; appeal .............................................................................................................59 Rule 5.610. Transfer-out hearing.................................................................. 60 Rule 5.630. Restraining orders...................................................................... 61 Rule 5.635. Parentage ................................................................................... 62 Rule 5.682.

Commencement of jurisdiction hearing—advisement of trial rights; admission;, no contest;, submission ................................................... 64 Rule 5.690. General conduct of disposition hearing..................................... 64 Rule 5.695. Orders of the court..................................................................... 65 Rule 5.710. Six-month review hearing ......................................................... 67 Rule 5.710. Six-month review hearing ......................................................... 70 Rule 5.715.

Twelve-month review hearing................................................... 71 Rule 5.715. Twelve-month review hearing................................................... 74 Rule 5.720. Eighteen-month review hearing ................................................ 76 Rule 5.720. Eighteen-month review hearing ................................................ 80 Rule 5.725. Selection of permanent plan (§ 366.26) .................................... 82 Rule 5.726. Prospective adoptive parent designation (§ 366.26(n))............. 85 Rule 5.728.

Emergency removal (§ 366.26(n)) ............................................ 86 Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) ................................................................................................................86 Rule 5.785. General conduct of hearing ....................................................... 89 Rule 5.810. Reviews, hearings, and permanency planning .......................... 91

3 Rule 7.101. Use of Judicial Council forms................................................... 94 Rule 8.18. Documents violating rules not to be filed ................................... 95 Rule 8.25. Service and filing......................................................................... 96 Rule 8.32. Address and telephone number of record; notice of change of address or telephone number ......................................................................... 96 Rule 8.40. Form of filed documents ............................................................. 97 Rule 8.44.

Number of copies of filed documents ......................................... 98 Rule 8.50. Applications................................................................................. 98 Rule 8.60. Extending time ............................................................................ 99 Rule 8.63. Policies and factors governing extensions of time.................... 100 Rule 8.66. Extending time because of public emergency........................... 101 Rule 8.112. Petition for writ of supersedeas............................................... 101 Rule 8.120.

Clerk’s transcript ..................................................................... 101 Rule 8.124. Appendixes instead of clerk’s transcript ................................. 102 Rule 8.130. Reporter’s transcript................................................................ 102 Rule 8.155. Augmenting and correcting the record.................................... 103 Rule 8.160. Sealed records.......................................................................... 104 Rule 8.160. Sealed records.......................................................................... 104 Rule 8.204.

Contents and form of briefs..................................................... 105 Rule 8.216. Appeals in which a party is both appellant and respondent .... 105 Rule 8.224. Transmitting exhibits............................................................... 106 Rule 8.240. Calendar preference................................................................. 106 Rule 8.252. Judicial notice; findings and evidence on appeal.................... 106 Rule 8.300. Appointment of appellate counsel by the Court of Appeal..... 107 Rule 8.300. Appointment of appellate counsel by the Court of Appeal..... 107 Rule 8.304.

Filing the appeal; certificate of probable cause....................... 108 Rule 8.308. Time to appeal......................................................................... 108 Rule 8.320. Normal record; exhibits........................................................... 110 Rule 8.324. Application in superior court for addition to normal record ... 111 Rule 8.328. Sealed Confidential records..................................................... 112 Rule 8.332. Juror-identifying information.................................................. 115 Rule 8.336.

Preparing, certifying, and sending the record ......................... 115 Rule 8.340. Augmenting or correcting the record in the Court of Appeal . 117 Rule 8.340. Augmenting or correcting the record in the Court of Appeal . 119 Rule 8.360. Briefs by parties and amici curiae ........................................... 119 Rule 8.404. Record on appeal..................................................................... 120 Rule 8.406. Record in multiple appeals in the same case........................... 121 Rule 8.412. Briefs by parties and amici curiae ........................................... 121 Rule 8.416.

Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties ................................ 123 Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26...................... 124

4 Rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 and rule 5.600 .......................................... 125 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 and rule 5.600 to review order designating or denying specific placement of a dependent child after termination of parental rights .................................... 126 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 and rule 5.600 to review order designating specific placement of a dependent child after termination of parental rights ..................................................... 127 Rule 8.482. Appeal from judgment authorizing conservator to consent to sterilization of conservatee .......................................................................... 127 Rule 8.490. Petitions for writ of mandate, certiorari, or prohibition .......... 128 Rule 8.494. Review of Workers’ Compensation Appeals Board cases...... 129 Rule 8.500.

Petition for review................................................................... 129 Rule 8.504. Form and contents of petition, answer, and reply .................... 130 Rule 8.520. Briefs by parties and amici curiae; judicial notice .................. 131 Rule 8.532. Filing, finality, and modification of decision.......................... 132 Rule 8.605. Qualifications of counsel in death penalty appeals and habeas corpus proceedings....................................................................................... 133 Rule 8.610.

Contents and form of the record.............................................. 133 Rule 8.613. Preparing and certifying the record of preliminary proceedings ......................................................................................................................136 Rule 8.616. Preparing the trial record......................................................... 137 Rule 8.619. Certifying the trial record for completeness............................ 137 Rule 8.754. Clerk’s transcript and original papers ..................................... 137 Rule 8.765.

Definitions ............................................................................... 138 Rule 8.766. Applications on routine matters .............................................. 139 Rule 8.1105. Publication of appellate opinions .......................................... 140 Rule 10.15. Interim Court Facilities Panel.................................................. 140 Rule 10.46. Trial Court Presiding Judges Advisory Committee ................ 141 Rule 10.48. Court Executives Advisory Committee................................... 141

Chapter 8. Minimum Education Requirements and Expectations.............. 141 Rule 10.451. Judicial branch education ...................................................... 141 Rule 10.452. Minimum education requirements and expectations............. 143 Rule 10.461. New Court of Appeal justices ............................................... 146 Rule 10.462. Trial court judges and subordinate judicial officers.............. 146 Rule 10.463. Trial court executive officers ................................................ 151 Rule 10.464.

Trial court managers, supervisors, and personnel................. 153 Rule 10.471. Approved providers; approved course criteria...................... 156 Rule 10.602. Selection and term of presiding judge................................... 158 Rule 10.625. Certain demographic data relating to regular grand jurors ... 159 Rule 10.670. Trial court personnel plans.................................................... 161 Rule 10.781. Court-related ADR neutrals................................................... 162 Rule 10.810. Court operations .................................................................... 162

5 Rule 10.815. Fees to be set by the court ..................................................... 165 Rule 10.820. Acceptance of credit cards by the superior courts................. 166 Standard 3.25. Examination of prospective jurors in civil cases................ 166 Standard 4.30. Examination of prospective jurors in criminal cases.......... 168 Standard 5.30. Family court matters........................................................... 169 Standard 10.50. Selection of regular grand jury ......................................... 173 Rule 10.501 Judicial education................................................................... 174

6 Rule 1.21. Service (

a) Service on a party or attorney Whenever a notice or other paper document is required to be served on or given to a party, the service or notice must be made on the party’s attorney if there is one the party is represented. (Subd (

a) amended effective January 1, 2007.) (

b) Proof of Service “Serve and file” As used in these rules, unless a statute or rule provides for a different method for filing or service, a requirement to “serve and file” a document means that a document filed in a court must be accompanied by a proof of service, in a manner permitted by law, of one a copy of a the document must be served on the attorney for each party separately represented, and on each self - represented party, and on any other person or entity when required by statute, rule, or court order in a manner permitted by law, and that the document and a proof of service of the document must be filed with the court. (Subd (

b) amended effective January 1, 2007.) (c) “Proof of service” As used in these rules, “proof of service” means a declaration stating that service has been made as provided in (

a) and (b). If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing. (Subd (

c) adopted effective January 1, 2007.) Rule 1.21 amended effective January 1, 2007; adopted effective January 1, 2007. Rule 1.37. Use of forms A person serving and filing a Judicial Council form must use the current version of the form adopted or approved by the council, unless a rule in the California Rules of Court allows the use of a different form. Rule 1.37 adopted effective January 1, 2007.

7 Rule 1.42. Forms not to be rejected A court must not reject for filing a Judicial Council form for any of the following reasons:

(1) The form lacks the preprinted title and address of the court;

(2) The form lacks the name of the clerk;

(3) The preprinted title and address of another court or its clerk’s name is legibly modified;

(4) The form lacks the court’s local form number;

(5) The form lacks any other material added by a court, unless the material is required by the Judicial Council;

(6) The form is printed by a publisher or another court;

(7) The form is imprinted with the name or symbol of the publisher, unless the name or symbol replaces or obscures any material on the printed form; or

(8) The form is legibly and obviously modified to correct a code

section number or to comply with the law under which the form is filed.; or

(9) The form is not the latest version of the form adopted or approved by the Judicial Council. Rule 1.42 amended effective January 1, 2007; adopted effective January 1, 2007. Rule 2.150. Authorization for computer-generated or typewritten forms for proof of service of summons and complaint (

a) Computer-generated or typewritten forms; conditions Notwithstanding the adoption of mandatory form Proof of Service of Summons (form POS-010), a form for proof of service of a summons and complaint prepared entirely by word processor, typewriter, or similar process may be used for proof of service in any applicable action or proceeding if the following conditions are met: (1)–(2) ***

(3) The title and all the text of form POS-010 that is not accompanied by a check box must be copied word for word except for any instructions, which must need not be copied. In addition, All the relevant optional text describing that is optional (that is, accompanied by a check box) the particular method of service used must be copied word for word, except that the check boxes must not be copied. Any optional text not describing such service need not be included. (4)–(9) *** (Subd (

a) amended effective January 1, 2007; previously amended effective July 1, 1985, January 1, 1986, January 1, 1987, July 1, 1999, January 1, 2004, and July 1, 2004.) (b) *** Rule 2.150 amended and renumbered effective January 1, 2007; adopted as rule 982.9 previously amended effective January 1, 1989, July 1, 1999, January 1, 2004, and July 1, 2004. Advisory Committee Comment This rule is intended to permit process servers and others to prepare their own shortened versions of Proof of Service of Summons (form POS-010) containing only the information that is relevant to show the method of service used. Rule 2.893.

Appointment of noncertified interpreters in criminal cases and juvenile delinquency proceedings (a) *** (

b) Appointment of noncertified interpreters An interpreter who is not certified by the Judicial Council to interpret a language designated by the Judicial Council under Government Code

section 68560 et seq. may be appointed under Government Code

section 68561(

c) in a proceeding if: (1) ***

(2) Noncertified interpreter not provisionally qualified (

A) To prevent burdensome delay or in other unusual circumstances, at the request of the defendant, or of the minor in a juvenile delinquency proceeding, the judge in the

9 proceeding may appoint a noncertified interpreter who is not provisionally qualified under subdivision (b)(1) to interpret a brief, routine matter provided the judge, on the record: (

i) Indicates that the defendant or minor has waived the appointment of a certified interpreter and the appointment of an interpreter found provisionally qualified by the presiding judge; (ii) Finds that good cause exists to appoint an interpreter who is neither certified nor provisionally qualified; and (iii) Finds that the interpreter is qualified to interpret that proceeding. (

B) The findings and appointment under (b)(2)(

A) made by the judge in the proceeding are effective only in that proceeding. The appointment must not be extended to subsequent proceedings without an additional waiver, findings, and appointment. (Subd (

b) amended effective January 1, 2007.) (c)–(e) *** Rule 2.893 amended and renumbered effective January 1, 2007; adopted as rule 984.2 effective January 1, 1996. Rule 2.1010. Juror motion to set aside sanctions imposed by default (a)–(g) *** (

h) Sunset date This rule is effective until January 1, 20072010. (Subd (

h) amended effective January 1, 2007.) Rule 2.1010 amended and renumbered effective January 1, 2007; adopted as rule 862 effective January 1, 2005.

Chapter 3. Attorneys Rule 3.35. Definition of limited scope representation; application of rules (

a) Definition “Limited scope representation” is a relationship between an attorney and a person seeking legal services in which they have agreed that the scope of the legal services will be limited to specific tasks that the attorney will perform for the person. (

b) Application Rules 3.35 through 3.37 apply to limited scope representation in civil cases, except in family law cases. Rules 5.70 and 5.71 apply to limited scope representation in family law cases. (

c) Types of limited scope representation These rules recognize two types of limited scope representation:

(1) Noticed representation Rule 3.36 provides procedures for cases in which an attorney and a party notify the court and other parties of the limited scope representation.

(2) Undisclosed representation Rule 3.37 applies to cases in which the limited scope representation is not disclosed. Rule 3.35 adopted effective January 1, 2007. Rule 3.36. Notice of limited scope representation and application to be relieved as attorney (

a) Notice of limited scope representation A party and an attorney may provide notice of their agreement to limited scope representation by serving and filing a Notice of Limited Scope Representation (form MC-950).

11 (

b) Notice and service of papers After the notice in (

a) is received and until either a substitution of attorney or an order to be relieved as attorney is filed and served, papers in the case must be served on both the attorney providing the limited scope representation and the client. (

c) Procedures to be relieved as counsel on completion of representation Notwithstanding rule 3.1362, an attorney who has completed the tasks specified in the Notice of Limited Scope Representation (form MC-950) may use the procedures in this rule to request that he or she be relieved as attorney in cases in which the attorney has appeared before the court as an attorney of record and the client has not signed a Substitution of Attorney—Civil (form MC-050). (

d) Application An application to be relieved as attorney on completion of limited scope representation under Code of Civil Procedure

section 284(2) must be directed to the client and made on the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-955). (

e) Filing and service of application The application to be relieved as attorney must be filed with the court and served on the client and on all other parties or attorneys for parties in the case. The client must also be served with a blank Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-956). (

f) No objection If no objection is served and filed with the court within 15 days from the date that the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-955) is served on the client, the attorney making the application must file an updated form MC-955 indicating the lack of objection, along with a proposed Order on Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-958). The clerk must then forward the order for judicial signature. (

g) Objection

12 If an objection to the application is served and filed within 15 days, the clerk must set a hearing date on the Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-956). The hearing must be scheduled no later than 25 days from the date the objection is filed. The clerk must send the notice of the hearing to the parties and the attorney. (

h) Service of the order If no objection is served and filed and the proposed order is signed under (f), the attorney who filed the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form MC-955) must serve a copy of the signed order on the client and on all parties or the attorneys for all parties who have appeared in the case. The court may delay the effective date of the order relieving the attorney until proof of service of a copy of the signed order on the client has been filed with the court. Rule 3.36 adopted effective January 1, 2007. Rule 3.37. Nondisclosure of attorney assistance in preparation of court documents (

a) Nondisclosure In a civil proceeding, an attorney who contracts with a client to draft or assist in drafting legal documents, but not to make an appearance in the case, is not required to disclose within the text of the documents that he or she was involved in preparing the documents. (

b) Attorney’s fees If a litigant seeks a court order for attorney’s fees incurred as a result of document preparation, the litigant must disclose to the court information required for a proper determination of the attorney’s fees, including:

(1) The name of the attorney who assisted in the preparation of the documents;

(2) The time involved or other basis for billing;

(3) The tasks performed; and

(4) The amount billed.

13 (

c) Application of rule This rule does not apply to an attorney who has made a general appearance in a case. Rule 3.37 adopted effective January 1, 2007. Rule 3.51. Method of application and filing of papers (

a) Mandatory application forms An application to proceed in forma pauperis must be made on Application for Waiver of Court Fees and Costs (form 982(a)(17)FW-001). An application for waiver of additional court fees and costs under rule 3.62 must be made on Application for Waiver of Additional Court Fees and Costs (In Forma Pauperis) (form 982(a)(20)FW-002). The clerk must provide either form without charge to any person who requests it or indicates that he or she is unable to pay any court fee or cost. (Subd (

a) amended effective January 1, 2007.) (b) *** Rule 3.51 amended effective January 1, 2007; adopted effective January 1, 2007. Rule 3.56. Procedure for determining application The procedure for determining an application is as follows:

(1) The court must consider and determine the application as required by Government Code

section 68511.3.

(2) An order determining an application to proceed in forma pauperis must be made on Order on Application for Waiver of Court Fees and Costs (In Forma Pauperis) (form 982(a)(18)FW-003). (3)–(5) *** Rule 3.56 amended effective January 1, 2007; adopted effective January 1, 2007.

14 Rule 3.57. Application granted unless acted on by the court The application to proceed in forma pauperis is deemed granted unless acted on by the court within five court days after it is filed. If the application is deemed granted under this provision, the clerk must execute a Notice of Waiver of Court Fees and Costs (In Forma Pauperis) (form 982(a)(19)FW-005) five court days after the application is filed. Rule 3.57 amended effective January 1, 2007; adopted effective January 1, 2007. Rule 3.220. Case Cover Sheet (a) *** (

b) List of cover sheets

(1) Civil Case Cover Sheet (form CM-010) must be filed in each civil action or proceeding, except those filed in small claims court or filed under the Probate Code, Family Law Code, or Welfare and Institutions Code. (2) [Note: Case cover sheets will be added for use in additional areas of the law as the data collection program expands.] (Subd (

b) amended effective January 1, 2007; previously amended effective July 1, 2002, and July 1, 2003.) (c) *** Rule 3.220 amended and renumbered effective January 1, 2007; adopted as rule 982.2 effective July 1, 1996; previously amended and renumbered as rule 201.8 effective July 1, 2002; previously amended January 1, 2000, January 1, 2002, and July 1, 2003. Rule 3.300. Notice of Related cases (

a) Definition of “related case” A pending civil case is related to another pending civil case, or to a civil case that was dismissed with or without prejudice, or to a civil case that was disposed of by judgment, if the cases:

(1) Involve the same parties and are based on the same or similar claims;

(2) Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact;

(3) Involve claims against, title to, possession of, or damages to the same property; or

(4) Are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. (Subd (

a) adopted effective January 1, 2007.) (a)(

b) Duty to provide notice Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must promptly serve and file a Notice of Related Case. The notice must also be served on all known parties in each related action or proceeding. It must state the court, title, case number, and filing date of each related action or proceeding, together with a brief statement of their relationship.

If the case is pending in the same court, the notice must also give reasons why assignment to a single judge is or is not likely to effect economies. (Subd (

b) amended and relettered effective January 1, 2007; adopted as subd (

a) effective January 1, 1996.) (

c) Contents of the notice The Notice of Related Case must:

(1) List all civil cases that are related by court, case name, case number, and filing date;

(2) Identify the case that has the earliest filing date and the court and department in which that case is pending; and

(3) Describe the manner in which the cases are related. (Subd (

c) adopted effective January 1, 2007.) (

d) Service and filing of notice

16 The Notice of Related Case must be filed in all pending cases listed in the notice and must be served on all parties in those cases. (Subd (

d) adopted effective January 1, 2007.) (

e) Time for service The Notice of Related Case must be served and filed as soon as possible, but no later than 15 days after the facts concerning the existence of related cases become known. (Subd (

e) adopted effective January 1, 2007.) (b)(

f) Continuing duty to provide notice The duty under (a) (b)–(

e) is a continuing duty that applies when a party files a case with knowledge of a related action or proceeding, and that applies thereafter whenever a party learns of a related action or proceeding. (Subd (

f) amended and relettered effective January 1, 2007; adopted as part of subd (a).) (

c) Definition of “related case” An action or proceeding is “related” to another when both:

(1) Involve the same parties and are based on the same or similar claims; or

(2) Involve the same property, transaction, or event; or

(3) Involve substantially the same facts and the same questions of law. (d)(

g) Response Within 10 5 days after service upon on a party of a Notice of Related Case, the party may serve and file a response supporting or opposing the notice. The response must state why one or more of the cases listed in the notice are not related or why other good cause exists for the court not to transfer the cases to or from a particular court or department. The response must be filed in all pending cases listed in the notice and must be served on all parties in those cases. A timely response will be considered when the court determines what action may be appropriate to coordinate the cases formally or informally.

17 (Subd (

g) amended and relettered effective January 1, 2007; adopted as subd (c).) (e)(

h) Judicial action

(1) Related cases pending in one superior court If all the related cases have been filed in one superior court, the court, on notice to all parties, may order that the cases, including probate and family law cases, be related and may assign them to a single judge or department. In a superior court where there is a master calendar, the presiding judge may order the cases related. In a court in which cases are assigned to a single judge or department, cases may be ordered related as follows: (

A) Where all the cases listed in the notice are unlimited civil cases, or where all the cases listed in the notice are limited civil cases, the judge who has the earliest filed case must determine whether the cases must be ordered related and assigned to his or her department; (

B) Where the cases listed in the notice include both unlimited and limited civil cases, the judge who has the earliest filed unlimited civil case must determine whether the cases should be ordered related and assigned to his or her department; (

C) Where the cases listed in the notice contain a probate or family law case, the presiding judge or a judge designated by the presiding judge must determine whether the cases should be ordered related and, if so, to which judge or department they should be assigned; (

D) In the event that any of the cases listed in the notice are not ordered related under (A), (B), or (C), any party in any of the cases listed in the notice may file a motion to have the cases related. The motion must be filed with the presiding judge or the judge designated by the presiding judge; and (

E) If the procedures for relating pending cases under this rule do not apply, the procedures under Code of Civil Procedure

section 1048 and rule 367 must be followed to consolidate cases pending in the same superior court.

(2) Related cases pending in different superior courts

18 (

A) If the related cases are pending in more than one superior court on notice to the all parties, the judge to whom the earliest filed case is assigned may confer informally with the parties and with the judges to whom each related case is assigned, to determine the feasibility and desirability of joint discovery orders and other informal or formal means of coordinating proceedings in the cases. (

B) If it is determined that related cases pending in different superior courts should be formally coordinated, the procedures in Code of Civil Procedure

section 403 and rule 3.500 must be followed for noncomplex cases, and the procedures in Code of Civil Procedure

section 404 et seq. and rules 3.501 et seq. must be followed for complex cases.

(3) Complex cases The provisions in (1) of this subdivision do not apply to cases that have been designated as complex by the parties or determined to be complex by the court. (Subd (

h) amended and relettered effective January 1, 2007; adopted as subd (d).) (

i) Ruling on related cases The court, department, or judge issuing an order relating cases under this rule must either:

(1) File a notice of the order in all pending cases and serve a copy of the notice on all parties listed in the Notice of Related Case; or

(2) Direct counsel for a party to file the notice in all pending cases and serve a copy on all parties. (Subd (

i) adopted effective January 1, 2007.) (

j) Cases not ordered related If for any reason a case is not ordered related under this rule, that case will remain assigned to the court, judge, or department where it was pending at the time of the filing and service of the Notice of Related Case. (Subd (

j) adopted effective January 1, 2007.)

19 (

k) Exception A party is not required to serve and file Notice of Related Case under this rule if another party has already filed a notice and served all parties under this rule on the same case. (Subd (

k) adopted effective January 1, 2007.) Rule 3.300 amended and renumbered effective January 1, 2007; adopted as rule 804 effective January 1, 1996. Rule 3.403. Action by court (

a) Decision on complex designation Except as provided in rule 3.402, if a Civil Case Cover Sheet (form CM-010) designating that has been filed and served designates an action as a complex case has been filed and served or checks a case type described as provisionally complex civil litigation, the court must decide as soon as reasonably practicable, with or without a hearing, whether the action is a complex case. (Subd (

a) amended effective January 1, 2007; previously amended effective July 1, 2004.) (

b) Court’s continuing power With or without a hearing, the court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case. Rule 3.403 amended and renumbered effective January 1, 2007; adopted as rule 1812 effective January 1, 2000; previously amended effective July 1, 2004. Rule 3.513. Service of memorandums and declarations Unless otherwise provided in the rules in this

chapter or directed by the assigned judge, all memorandums and declarations in support of or opposition to any petition, motion, or application must be served and submitted at least nine calendar court days before any hearing on the matter at issue. Rule 3.513 amended and renumbered effective January 1, 2007; adopted as rule 1512 effective January 1, 1974; previously amended effective January 1, 2005.

20 Rule 3.521. Petition for coordination (a) *** (

b) Submit proof of filing and service Within five calendar court days of submitting the petition for coordination, the petitioner must submit to the Chair of the Judicial Council proof of filing of the notice of submission of petition required by rule 3.522, and proof of service of the notice of submission of petition and of the petition required by rule 3.523. (Subd (

b) amended effective January 1, 2007; previously amended effective January 1, 2005.) (c)–(d) *** Rule 3.521 amended and renumbered effective January 1, 2007; adopted as rule 1521 effective January 1, 1974; previously amended effective January 1, 2005. Rule 3.522. Notice of submission of petition for coordination (

a) Contents of notice of submission In each included action, the petitioner must file a “Notice of Submission of Petition for Coordination” and the petition for coordination. Each notice must bear the title of the court in which the notice is to be filed and the title and case number of each included action that is pending in that court. Each notice must include: (1)–(3) ***

(4) The statement that any written opposition to the petition must be submitted and served at least nine calendar court days before the hearing date. (Subd (

a) amended effective January 1, 2007; adopted as part of unlettered subd; previously amended and lettered effective January 1, 2005; previously amended effective January 1, 2006.) (

b) Copies of notice

21 The petitioner must submit the notice and proof of filing in each included action to the Chair of the Judicial Council within five calendar court days of submitting the petition for coordination. (Subd (

b) amended effective January 1, 2007; adopted as part of unlettered subd; previously amended and lettered effective January 1, 2005.) Rule 3.522 amended and renumbered effective January 1, 2007; adopted as rule 1522 effective January 1, 1974; previously amended effective January 1, 2005, and January 1, 2006. Rule 3.523.

Service of notice of submission on party The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and supporting documents on each party appearing in each included action and submit the notice to the Chair of the Judicial Council within five calendar court days of submitting the petition for coordination. Rule 3.523 amended and renumbered effective January 1, 2007; adopted as rule 1523 effective January 1, 1974; previously amended effective January 1, 2005. Rule 3.525.

Response in opposition to petition for coordination Any party to an included action that opposes coordination may serve and submit a memorandum and declarations in opposition to the petition. Any response in opposition must be served and filed at least nine calendar court days before the date set for hearing. Rule 3.525 amended and renumbered effective January 1, 2007; adopted as rule 1525 effective January 1, 1974; previously amended effective January 1, 2005. Rule 3.526.

Response in support of petition for coordination Any party to an included action that supports coordination may serve and submit a written statement in support of the petition. Any response in support must be served and filed at least nine calendar court days before the date set for hearing. If a party that supports coordination does not support the particular site or sites requested by the petitioner for the hearing on the petition for coordination, that party may request that a different site or sites be selected and include in his or her response the facts relied on in support thereof.

Rule 3.526 amended and renumbered effective January 1, 2007; adopted as rule 1526 effective January 1, 1974; previously amended effective January 1, 2005.

22 Rule 3.867. Confidentiality of complaint procedures, information, and records (a)–(d) *** (

e) In determining whether the disclosure of information or records concerning rule 1622 3.865 complaint procedures is required by law, courts should consider the purposes of the confidentiality of rule 1622 3.865 complaint procedures stated in (a). Before the disclosure of records concerning procedures under rule 1622 3.865 is ordered, notice should be given to any person whose mediation communications may be revealed. (Subd (

e) amended effective January 1, 2007.) Rule 3.867 amended and renumbered effective January 1, 2007; adopted as rule 1622.2 effective January 1, 2006. Rule 3.874. Appearance at mediation sessions Attendance, participant lists, and mediation statements (

a) Attendance

(1) The All parties and attorneys of record must personally appear at the first attend all mediation sessions in person and at any subsequent session unless excused by the mediator or permitted to attend by telephone as provided in (3). When a party is other than If a party is not a natural person, it must appear by a representative of that party with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or a legislative body, by a representative with authority to recommend such agreement, must attend all mediation sessions in person, unless excused or permitted to attend by telephone as provided in (3).

(2) If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of the action, a representative of the insurer with authority to settle or recommend settlement of the claim must attend all mediation sessions in person, unless excused or permitted to attend by telephone as provided in (3).

(3) The mediator may excuse a party, attorney, or representative from the requirement to attend a mediation session under (1) or (2) or permit attendance by telephone. The party, attorney, or representative who is excused or permitted to attend by telephone must promptly send a letter

23 or an electronic communication to the mediator and to all parties confirming the excuse or permission.

(4) Each party may have counsel present at all mediation sessions that concern it the party. Counsel and an insurance representative of each covered party must also be present or available at all mediation sessions that concern the covered party, unless excused by the mediator. (Subd (

a) amended and lettered effective January 1, 2007; adopted as untitled subd.) (

b) Participant lists and mediation statements

(1) At least five court days before the first mediation session, each party must serve a list of its mediation participants on the mediator and all other parties. The list must include the names of all parties, attorneys, representatives of a party that is not a natural person, insurance representatives, and other persons who will attend the mediation with or on behalf of that party. A party must promptly serve a supplemental list if the party subsequently determines that other persons will attend the mediation with or on behalf of the party.

(2) The mediator may request that each party submit a short mediation statement providing information about the issues in dispute and possible resolutions of those issues and other information or documents that may appear helpful to resolve the dispute. (Subd (

b) adopted effective January 1, 2007.) Rule 3.874 amended and renumbered effective January 1, 2007; adopted as rule 1634 effective March 1, 1994. Rule 3.1182. Monthly reports (

a) Content of reports The receiver must provide monthly reports to the parties and, if requested, to nonparty client lien holders. These reports must include:

(1) A narrative report of events;

(2) A financial report; and

(3) A statement of all fees paid to the receiver, employees, and professionals showing: (i)(

A) Itemized services; (ii)(

B) A breakdown of the services by 1/10 hour increments; (iii)(

C) If the fees are hourly, the hourly fees; and (iv)(

D) If the fees are on another basis, that basis. (Subd (

a) amended effective January 1, 2007.) (b) *** Rule 3.1182 amended and renumbered effective January 1, 2007; adopted as rule 1906 effective January 1, 2002. Rule 3.1202. Contents of application (a)–(b) *** (

c) Affirmative factual showing required An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (Subd (

c) amended effective January 1, 2007.) Rule 3.1202 amended effective January 1, 2007; adopted effective January 1, 2007. Rule 3.1354. Written objections to evidence (

a) Form of written objections A written objection to evidence in support of or in opposition to a motion for

summary judgment must state:

(1) The page and line number of the document to which objection is made,; and

(2) State the ground of objection with the same specificity as a motion to strike evidence made at trial. (b) (

a) Time for filing and service of objections Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for

summary judgment or

summary adjudication must be filed and served and filed no later than 4:30 p.m. on the third court day before the hearing at the same time as the objecting party’s opposition or reply papers are served and filed. (Subd (

a) amended and relettered effective January 1, 2007; adopted as untitled subd effective January 1, 1984; previously lettered as subd (

b) effective January 1, 2007.) (

b) Format of objections All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion. Objections on specific evidence may be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must:

(1) Identify the name of the document in which the specific material objected to is located;

(2) State the exhibit, title, page, and line number of the material objected to;

(3) Quote or set forth the objectionable statement or material; and

(4) State the grounds for each objection to that statement or material. Written objections to evidence must follow one of the following two formats: (First Format): Objections to Jackson Declaration Objection Number 1 “Johnson told me that no widgets were ever received.” (Jackson declaration, page 3, lines 7–8.)

26 Grounds for Objection 1: Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)). Objection Number 2 “A lot of people find widgets to be very useful.” (Jackson declaration, page 17, line 5.) Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350–351). (Second Format): Objections to Jackson Declaration Material Objected to: Grounds for Objection: 1. Jackson declaration, page 3, Hearsay (Evid. Code, § 1200); lack lines 7–8: “Johnson told me that of personal knowledge (Evid. Code, no widgets were ever received.” § 702(a)). 2. Jackson declaration, page 17, Irrelevant (Evid. Code, §§ 210, line 5: “A lot of people find widgets 350–351). to be very useful.” (Subd (

b) adopted effective January 1, 2007.) (

c) Proposed order A party submitting written objections to evidence must submit with the objections a proposed order. The proposed order must include places for the court to indicate whether it has sustained or overruled each objection. It must also include a place for the signature of the judge. The proposed order must be in one of the following two formats: (First Format): Objections to Jackson Declaration Objection Number 1 “Johnson told me that no widgets were ever received.” (Jackson declaration, page 3, lines 7–8.)

27 Grounds for Objection 1: Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)). Court’s Ruling on Objection 1: Sustained: _________ O v e r r u l e d :_ _ _ _ _ _ _ _ _ Objection Number 2 “A lot of people find widgets to be very useful.” (Jackson declaration, page 17, line 5.) Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350–351). Court’s Ruling on Objection 2: Sustained:_________ O v e r r u l e d :_ _ _ _ _ _ _ _ _ (Second Format): Objections to Jackson Declaration Ruling Material Objected to: Grounds for Objection: on the Objection 1. Jackson declaration, Hearsay (Evid.

Code, § Sustained: ________ page 3, lines 7–8: “Johnson 1200); lack of personal Overruled:________ told me that no widgets knowledge (Evid. were ever received.” Code, § 702(a)). 2. Jackson declaration, Irrelevant (Evid. Code, §§ Sustained: ________ page 17, line 5: “A lot of 210, 350–351). Overruled:________ people find widgets to be very useful.” Date: ______________________ _______________________________ Judge (Subd (

c) adopted effective January 1, 2007.) Rule 3.1354 amended and renumbered effective January 1, 2007; adopted as rule 345 effective January 1, 1984; previously amended effective January 1, 2002.

28 Rule 3.1590. Announcement of tentative decision, statement of decision, and judgment (a) *** (

b) Tentative decision not binding The tentative decision does not constitute a judgment and is not binding on the court. If the court subsequently modifies or changes its announced tentative decision, the clerk must mail a copy of the modification or change to all parties who that appeared at the trial. (Subd (

b) lettered and amended effective January 1, 2007; adopted as part of subd (

a) effective January 1, 1949.) (c)–(k) *** Rule 3.1590 amended and renumbered effective January 1, 2007; adopted as rule 232 effective January 1, 1949; previously amended effective January 1, 1969, July 1, 1973, January 1, 1982, and January 1, 1983. Rule 3.2107. Request for court order (

a) Request before trial If a party files a written request for a court order before the hearing on the claim, the requesting party must mail or personally deliver a copy to all other parties in the case. The other parties must be given an opportunity to answer or respond to the request before or at the hearing. This subdivision does not apply to a request to postpone the hearing date if the plaintiff’s claim has not been served. (

b) Request after trial If a party files a written request for a court order after notice of entry of judgment, the clerk must mail a copy of the request to all other parties in the action. A party has 10 calendar days from the date on which the clerk mailed the request to file a response before the court makes an order. The court may

schedule a hearing on the request, except that if the request is to vacate the judgment for lack of appearance by the plaintiff, the court must hold a hearing. The court may give notice of any scheduled hearing with notice of the request, but the hearing must be scheduled at least 11 calendar days after the clerk has mailed the request.

29 Rule 3.2107 adopted effective January 1, 2007. Rule 4.104. Procedures and eligibility criteria for attending traffic violator school (a) *** (

b) Authority of a court clerk to grant pretrial diversion

(1) Eligible offenses Except as provided in (2), a court clerk is authorized to grant a request to attend traffic violator school when a defendant with a valid driver’s license requests to attend an 8-hour traffic violator school as pretrial diversion under Vehicle Code sections 41501(b)(

a) and 42005 for any infraction under divisions 11 and 12 (rules of the road and equipment violations) of the Vehicle Code if the violation is reportable to the Department of Motor Vehicles.

(2) Ineligible offenses A court clerk is not authorized to grant a request to attend traffic violator school for a misdemeanor or any of the following infractions: (

A) A violation that carries a negligent operator point count of more than one point under Vehicle Code

section 12810 or more than one and one-half points or more under Vehicle Code

section 12810.5(b)(2); (

B) A violation that occurs within 18 months after the date of a previous violation and the defendant either attended or elected to attend a traffic violator school for the previous violation (Veh. Code, § 1808.7); (

C) A violation of Vehicle Code

section 22406.5 (tank vehicles); (

D) A violation related to alcohol use or possession or drug use or possession; (

E) A violation on which the defendant failed to appear under Vehicle Code

section 40508(

a) unless the failure-to-appear charge has been adjudicated and any fine imposed has been paid;

30 (

F) A violation on which the defendant has failed to appear under Penal Code

section 1214.1 unless the civil monetary assessment has been paid; (

G) A speeding violation in which the speed alleged is more than 25 miles over a speed limit as stated in

Chapter 7 (commencing with

section 22348) of Division 11 of the Vehicle Code; (

H) A violation that occurs in a commercial vehicle as defined in Vehicle Code

section 15210(b); and (

I) A violation by a defendant having a class A, class B, or commercial class C driver’s license. (Subd (

b) amended effective January 1, 2007; previously amended effective January 1, 2003, and September 20, 2005.) (

c) Judicial discretion

(1) A judicial officer may in his or her discretion order attendance at a traffic violator school in an individual case for diversion under Vehicle Code

section 41501(a), 41501(b), or 42005(b); sentencing under Vehicle Code

section 42005(a); or any other purpose permitted by law. A violation by a defendant having a class A, class B, or commercial class C driver’s license or that occurs in a commercial vehicle, as defined in Vehicle Code

section 15210(b), is not eligible for diversion under Vehicle Code sections 41501 or 42005.

(2) If a violation occurs within 18 months of a previous violation that was dismissed under Vehicle Code

section 41501(a), a judicial officer may order a continuance and dismissal in consideration for completion of a licensed program at a licensed school for traffic violators as specified in Vehicle Code

section 41501(a). The program must consist of at least 12 hours of instruction as specified in

section 41501(a). Under Vehicle Code

section 1808.7, a dismissal for completion of the 12-hour program under this subdivision is not confidential.

(3) A defendant who is otherwise eligible for traffic violator school is not made ineligible by entering a plea other than guilty or by exercising his or her right to trial. A traffic violator school request must be considered based on the individual circumstances of the specific case. The court is not required to state on the record a reason for granting or denying a traffic violator school request.

31 (Subd (

c) amended effective January 1, 2007; amended and relettered as part of subd (

b) effective January 1, 2003; previously amended effective January 1, 1998, and September 20, 2005.) Rule 4.104 amended and renumbered effective January 1, 2007; adopted as rule 851 effective January 1, 1997; previously amended effective January 1, 1998, July 1, 2001, January 1, 2003, and September 20, 2005. Advisory Committee Comment Subdivision (c)(3). Rule 4.104(c)(3) reflects court rulings in cases where defendants wished to plead not guilty and have the court order attendance of traffic violator school if found guilty after trial.

A court has discretion to grant or not grant traffic violator school. (People v. Schindler (1993) 20 Cal.App.4th 431, 433; People v. Levinson (1984) 155 Cal.App.3d Supp. 13, 21.) However, the court may not arbitrarily refuse to consider a request for traffic violator school because a defendant pleads not guilty. (Schindler, supra, at p. 433; People v. Wozniak (1987) 197 Cal.App.3d Supp. 43, 44; People v.

Enochs (1976) 62 Cal.App.3d Supp. 42, 44.) If a judicial officer believes that a defendant’s circumstances indicate that a defendant would benefit from attending school, such attendance should be authorized and should not be affected by the order in which the plea, explanation, and request for traffic violator school are presented. (Enochs, supra, at p. 44.) A court is not required to state its reasons for granting or denying traffic violator school following a defendant’s conviction for a traffic violation. (Schindler, supra, at p. 433.) Rule 4.130. Mental competency proceedings (

a) Application This rule applies to proceedings in the superior court under Penal Code

section 1367 et seq. to determine the mental competency of a criminal defendant. (

b) Initiation of mental competency proceedings

(1) The court must initiate mental competency proceedings if the judge has a reasonable doubt, based on substantial evidence, about the defendant’s competence to stand trial.

(2) The opinion of counsel, without a statement of specific reasons supporting that opinion, does not constitute substantial evidence. The court may allow defense counsel to present his or her opinion regarding the defendant’s mental competency in camera if the court finds there is reason to believe that attorney-client privileged information will be inappropriately revealed if the hearing is conducted in open court.

(3) In a felony case, if the judge initiates mental competency proceedings prior to the preliminary examination, counsel for the defendant may request a preliminary examination as provided in Penal Code

section 1368.1(a). (

c) Effect of initiating mental competency proceedings

(1) If mental competency proceedings are initiated, criminal proceedings are suspended and may not be reinstated until a trial on the competency of the defendant has been concluded and the defendant either: (

A) Is found mentally competent; or (

B) Has his or her competency restored under Penal Code

section 1372.

(2) In misdemeanor cases, speedy trial requirements are tolled during the suspension of criminal proceedings for mental competency evaluation and trial. If criminal proceedings are later reinstated and time is not waived, the trial must be commenced within 30 days after the reinstatement of the criminal proceedings, as provided by Penal Code

section 1382(a)(3).

(3) In felony cases, speedy trial requirements are tolled during the suspension of criminal proceedings for mental competency evaluation and trial. If criminal proceedings are reinstated, unless time is waived, time periods to commence the preliminary examination or trial are as follows: (

A) If criminal proceedings were suspended before the preliminary hearing had been conducted, the preliminary hearing must be commenced within 10 days of the reinstatement of the criminal proceedings, as provided in Penal Code

section 859b. (

B) If criminal proceedings were suspended after the preliminary hearing had been conducted, the trial must be commenced within 60 days of the reinstatement of the criminal proceedings, as provided in Penal Code

section 1382(a)(2). (

d) Examination of defendant after initiation of mental competency proceedings

(1) On initiation of mental competency proceedings, the court must inquire whether the defendant, or defendant’s counsel, seeks a finding of mental incompetence. (

A) If the defense informs the court that the defendant is seeking a finding of mental incompetence, the court must appoint at least one expert to examine the defendant. (

B) If the defense informs the court that the defendant is not seeking a finding of mental incompetence, the court must appoint two experts to examine the defendant. The defense and the prosecution may each name one expert from the court’s list of approved experts.

(2) Any court-appointed experts must examine the defendant and advise the court on the defendant’s competency to stand trial. Experts’ reports are to be submitted to the court, counsel for the defendant, and the prosecution.

(3) Statements made by the defendant during the examination to experts appointed under this rule, and products of any such statements, may not be used in a trial on the issue of the defendant’s guilt or in a sanity trial should defendant enter a plea of not guilty by reason of insanity. (

e) Trial on mental competency

(1) Regardless of the conclusions or findings of the court-appointed expert, the court must conduct a trial on the mental competency of the defendant if the court has initiated mental competency proceedings under (b).

(2) At the trial, the defendant is presumed to be mentally competent, and it is the burden of the party contending that the defendant is not mentally competent to prove the defendant’s mental incompetence by a preponderance of the evidence.

(3) In addition to the testimony of the experts appointed by the court under (d), either party may call additional experts or other relevant witnesses.

(4) After the presentation of the evidence and closing argument, the trier of fact is to determine whether the defendant is mentally competent or mentally incompetent.

34 (

A) If the matter is tried by a jury, the verdict must be unanimous. (

B) If the parties have waived the right to a jury trial, the court’s findings must be made in writing or placed orally in the record. (

f) Posttrial procedure

(1) If the defendant is found mentally competent, the court must reinstate the criminal proceedings.

(2) If the defendant is found to be mentally incompetent, the criminal proceedings remain suspended and the court must follow the procedures stated in Penal Code

section 1370 et seq. Rule 4.130 adopted effective January 1, 2007. Advisory Committee Comment The case law interpreting Penal Code

section 1367 et seq. established a procedure for judges to follow in cases where there is a concern whether the defendant is legally competent to stand trial, but the concern does not necessarily rise to the level of a reasonable doubt based on substantial evidence. Before finding a reasonable doubt as to the defendant’s competency to stand trial and initiating competency proceedings under Penal Code

section 1368 et seq., the court may appoint an expert to assist the court in determining whether such a reasonable doubt exists. As noted in People v. Visciotti (1992) 2 Cal.4th 1, 34–36, the court may appoint an expert when it is concerned about the mental competency of the defendant, but the concern does not rise to the level of a reasonable doubt, based on substantial evidence, required by Penal Code

section 1367 et seq. Should the results of this examination present substantial evidence of mental incompetency, the court must initiate competency proceedings under (b). Once mental competency proceedings under Penal Code

section 1367 et seq. have been initiated, the court is to appoint at least one expert to examine the defendant under (d). Under no circumstances is the court obligated to appoint more than two experts. (Pen. Code, § 1369(a).) The costs of the experts appointed under (

d) are to be paid for by the court as the expert examinations and reports are for the benefit or use of the court in determining whether the defendant is mentally incompetent. (See Cal. Rules of Court, rule 10.810, function 10.) Subdivision (d)(3), which provides that the defendant’s statements made during the examination cannot be used in a trial on the defendant’s guilt or a sanity trial in a not guilty by reason of sanity trial, is based on the California Supreme Court holdings in People v. Arcega (1982) 32 Cal.3d 504 and People v. Weaver (2001) 26 Cal.4th 876.

Although the court is not obligated to appoint additional experts, counsel may nonetheless retain their own experts to testify at a trial on the defendant’s competency. (See People v. Mayes (1988) 202 Cal.App.4th 908, 917–918.) These experts are not for the benefit or use of the court, and their costs are not to be paid by the court. (See Cal. Rules of Court, rule 10.810, function 10.) The expert reports, unless sealed under rule 2.550, are publicly accessible court documents.

35 Both the prosecution and the defense have the right to a jury trial. (See People v. Superior Court (McPeters) (1995) 169 Cal.App.3d 796.) Defense counsel may waive this right, even over the objection of the defendant. (People v. Masterson (1994) 8 Cal.4th 965, 970.) Either defense counsel or the prosecution (or both) may argue that the defendant is not competent to stand trial. (People v.

Stanley (1995) 10 Cal.4th 764, 804 [defense counsel may advocate that defendant is not competent to stand trial and may present evidence of defendant’s mental incompetency regardless of defendant’s desire to be found competent].) If the defense declines to present evidence of the defendant’s mental incompetency, the prosecution may do so. (Pen. Code, § 1369(b)(2).) If the prosecution elects to present evidence of the defendant’s mental incompetency, it is the prosecution’s burden to prove the incompetency by a preponderance of the evidence. (People v.

Mixon (1990) 225 Cal.App.3d 1471, 1484, fn. 12.) Should both parties decline to present evidence of defendant’s mental incompetency, the court may do so. In those cases, the court is not to instruct the jury that a party has the burden of proof. “Rather, the proper approach would be to instruct the jury on the legal standard they are to apply to the evidence before them without allocating the burden of proof to one party or the other.” (People v. Sherik (1991) 229 Cal.App.3d 444, 459–460.) Rule 4.330. Misdemeanor hate crimes (

a) Application This rule applies to misdemeanor cases where the defendant is convicted of either (1) a substantive hate crime under

section 422.6 or (2) a misdemeanor violation and the facts of the crime constitute a hate crime under

section 422.55. (

b) Sentencing consideration In sentencing a defendant under (a), the court must consider the goals for hate crime sentencing stated in rule 4.427(e). Rule 4.330 adopted effective January 1, 2007. Rule 4.421. Circumstances in aggravation Circumstances in aggravation include: (

a) Facts relating to the crime, whether or not charged or chargeable as enhancements, including the fact that: (1)–(11) ***

(12) The crime constitutes a hate crime under

section 422.55 and:

36 (

A) No hate crime enhancements under

section 422.75 are imposed; and (

B) The crime is not subject to sentencing under

section 1170.8. (Subd (

a) amended effective January 1, 2007; previously amended effective January 1, 1991.) (b) *** Rule 4.421 amended effective January 1, 2007; adopted as rule 421 effective July 1, 1977; previously amended effective January 1, 1991; previously renumbered effective January 1, 2001. Rule 4.427. Hate crimes (

a) Application This rule is intended to assist judges in sentencing in felony hate crime cases. It applies to:

(1) Felony sentencing under

section 422.7;

(2) Convictions of felonies with a hate crime enhancement under

section 422.75; and

(3) Convictions of felonies that qualify as hate crimes under

section 422.55. (

b) Felony sentencing under

section 422.7 If one of the three factors listed in

section 422.7 is pled and proved, a misdemeanor conviction that constitutes a hate crime under

section 422.55 may be sentenced as a felony. The punishment is imprisonment in state prison as provided by

section 422.7. (

c) Hate crime enhancement If a hate crime enhancement is pled and proved, the punishment for a felony conviction must be enhanced under

section 422.75 unless the conviction is sentenced as a felony under

section 422.7.

(1) The following enhancements apply:

37 (

A) An enhancement of a term in state prison as provided in

section 422.75(a). Personal use of a firearm in the commission of the offense is an aggravating factor that must be considered in determining the enhancement term. (

B) An additional enhancement of one year in state prison for each prior felony conviction that constitutes a hate crime as defined in

section 422.55.

(2) The court may strike enhancements under (

c) if it finds mitigating circumstances under rule 4.423 and states those mitigating circumstances on the record.

(3) The punishment for any enhancement under (

c) is in addition to any other punishment provided by law. (

d) Hate crime as aggravating factor If the defendant is convicted of a felony, and the facts of the crime constitute a hate crime under

section 422.55, that fact must be considered a circumstance in aggravation in determining the appropriate punishment under rule 4.421 unless:

(1) The court imposed a hate crime enhancement under

section 422.75; or

(2) The defendant has been convicted of an offense subject to sentencing under

section 1170.8. (

e) Hate crime sentencing goals When sentencing a defendant under this rule, the judge must consider the principal goals for hate crime sentencing.

(1) The principal goals for hate crime sentencing, as stated in

section 422.86, are: (

A) Punishment for the hate crime committed; (

B) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails; and (

C) Restorative justice for the immediate victims of the hate crimes and for the classes of persons terrorized by the hate crimes.

(2) Crime and violence prevention considerations should include educational or other appropriate programs available in the community, jail, prison, and juvenile detention facilities. The programs should address sensitivity or similar training or counseling intended to reduce violent and antisocial behavior based on one or more of the following actual or perceived characteristics of the victim: (

A) Disability; (

B) Gender; (

C) Nationality; (

D) Race or ethnicity; (

E) Religion; (

F) Sexual orientation; or (

G) Association with a person or group with one or more of these actual or perceived characteristics.

(3) Restorative justice considerations should include community service and other programs focused on hate crime prevention or diversity sensitivity. Additionally, the court should consider ordering payment or other compensation to programs that provide services to violent crime victims and reimbursement to the victim for reasonable costs of counseling and other reasonable expenses that the court finds are a direct result of the defendant’s actions. Rule 4.427 adopted effective January 1, 2007. Advisory Committee Comment Multiple enhancements for prior convictions under subdivision (c)(1)(

B) may be imposed if the prior convictions have been brought and tried separately. (Pen. Code, § 422.75(d). Rule 5.20. Applicabilitytion of rules The rules in this division apply to every action and proceeding as to which the Family Code applies and, unless these rules elsewhere explicitly make them applicable, do not apply to any other action or proceeding.

39 Rule 5.20 amended and renumbered effective January 1, 2007; adopted as rule 1205 effective January 1, 1970; previously amended effective January 1, 1979, January 1, 1994, and January 1, 1999. Rule 5.134. Notice of entry of judgment (

a) Notwithstanding Code of Civil Procedure

section 664.5, the clerk must give notice of entry of judgment, using Notice of Entry of Judgment (form FL - 190), to the attorney for each party or to the party if unrepresented self - represented, of the following: (1)–(5) *** (Subd (

a) amended effective January 1, 2007; previously amended and lettered effective January 1, 2003.) (b) *** Rule 5.134 amended effective January 1, 2007; adopted as rule 1247 effective January 1, 1970; previously amended effective January 1, 1972, January 1, 1982, and January 1, 1999; previously amended and renumbered effective January 1, 2003. Rule 5.225. Education, training, and experience standards for court - appointed child custody investigators and evaluators Appointment requirements for child custody evaluators (

a) Authority This rule is adopted under Family Code sections 211 and 3110.5. (b)(

a) Purpose As required by Family Code

section 3110.5, this rule establishes education, experience, and training This rule provides the licensing, education and training, and experience requirements for child custody evaluators who are appointed only to conduct full or partial child custody evaluations under Family Code sections 3111 and 3118, Evidence Code

section 730, or

chapter 15 (commencing with

section 2032.010) of title 4 of

part 4 of the Code of Civil Procedure

section 2032. Additional training requirements for these child custody evaluators are contained in rule 5.230. This rule is adopted as mandated by Family Code

section 3110.5. (Subd (

a) amended and relettered effective January 1, 2007; adopted as subd (b).)

40 (c)(

b) Definitions For purposes of this rule:

(1) A “child custody evaluator” is a court-appointed investigator as defined in Family Code

section 3110.

(2) A “child custody evaluation” is an expert an investigation and analysis of the health, safety, welfare, and best interest of a child with regard to disputed custody and visitation issues. conducted under Family Code sections 3111 and 3118, Evidence Code

section 730, or Code of Civil Procedure

section 2032.010 et seq.

(3) A “full evaluation, investigation, or assessment” is a child custody evaluation that is a comprehensive examination of the health, safety, welfare, and best interest of the child.

(4) A “partial evaluation, investigation, or assessment” is an examination of the health, safety, welfare, and best interest of the child a child custody evaluation that is limited by the court order in either terms of its time or scope. (5)–(6) ***

(7) A “court-connected evaluator” is a superior court employee or a person under contract with a superior court who conducts child custody evaluations. (Subd (

b) amended and relettered effective January 1, 2007; adopted as subd (c).) (

d) Requirements for evaluators’ qualifications: education, training, and experience Persons appointed as child custody evaluators must:

(1) Complete a total of 40 hours of initial education and training as described in (e);

(2) Comply with the training requirements described in rule 5.230;

(3) Fulfill the experience requirements described in (f); and

(4) Meet the continuing education, training, and experience requirements described in (h). (

c) Licensing requirements A person appointed as a child custody evaluator meets the licensing criteria established by Family Code

section 3110.5(c)(1)–(5), if:

(1) The person is licensed as a: (

A) Physician and is either a board certified psychiatrist or has completed a residency in psychiatry; (

B) Psychologist; (

C) Marriage and family therapist; or (

D) Clinical social worker.

(2) A person may be appointed as an evaluator even if he or she does not have a license as described in (c)(1) if: (

A) The court certifies that the person is a court-connected evaluator who meets all the qualifications specified in (i); or (

B) The court finds that all the following criteria have been met: (

i) There are no licensed or certified evaluators who are willing and available, within a reasonable period of time, to perform child custody evaluations; (ii) The parties stipulate to the person; and (iii) The court approves the person. (Subd (

c) adopted effective January 1, 2007.) (e)(

d) Education and training requirements Only education and training acquired after January 1, 2000, from providers described in (

m) meets the requirements of this rule. Serving as the instructor in a course meeting the requirements described in (

m) in one or more of the subjects listed in paragraphs (1) through (21) below can be substituted for

42 completion of the requisite number of hours specified in (

d) on an hour-per - hour basis, but each subject taught may be counted only once. The hours required by this rule must include, but are not limited to, all of the following subjects: Before appointment, a child custody evaluator must complete 40 hours of education and training, which must include all the following topics: (1)–(3) ***

(4) The assessment of child sexual abuse issues required by Family Code

section 3110.5(b)(2)(A)–(

F) and Family Code

section 3118; local procedures for handling child sexual abuse cases; and the effect that court procedures may have on the evaluation process when there are allegations of child sexual abuse; and the areas of training required by Family Code

section 3110.5(b)(2)(A)–(F), as listed below: (

A) Children’s patterns of hiding and disclosing sexual abuse in a family setting; (

B) The effects of sexual abuse on children; (

C) The nature and extent of sexual abuse; (

D) The social and family dynamics of child sexual abuse; (

E) Techniques for identifying and assisting families affected by child sexual abuse; and (

F) Legal rights, protections, and remedies available to victims of child sexual abuse; (5)–(21) *** (Subd (

d) amended and relettered effective January 1, 2007; adopted as subd (e); previously amended effective January 1, 2005.) (

e) Additional training requirements In addition to the requirements described in this rule, before appointment, child custody evaluators must comply with the basic and advanced domestic violence training requirements described in rule 5.230. (Subd (

e) adopted effective January 1, 2007.)

43 (

f) Authorized education and training The education and training described in (

d) must be completed:

(1) After January 1, 2000;

(2) Through an eligible provider under this rule; and

(3) By either: (

A) Attending and participating in an approved course; or (

B) Serving as an instructor in an approved course. Each course taught may be counted only once. Instructors may claim and receive credit for only actual classroom time. (Subd (

f) adopted effective January 1, 2007.) (f) (

g) Experience requirements Persons appointed as child custody evaluators must satisfy initial experience requirements by: To satisfy the experience requirements of this rule, persons appointed as child custody evaluators must have participated in the completion of at least four partial or full court-appointed child custody evaluations within the preceding three years, as described below. Each of the four child custody evaluations must have resulted in a written or an oral report.

(1) Completing or supervising three court-appointed partial or full child custody evaluations including a written or an oral report between January 1, 2000, and July 1, 2003; or The child custody evaluator participates in the completion of the child custody evaluations if the evaluator: (

A) Independently conducted and completed the child custody evaluation; or (

B) Materially assisted another child custody evaluator who meets all the following criteria: (

i) Licensing or certification requirements in (c); (ii) Education and training requirements in (d);

44 (iii) Basic and advanced domestic violence training in (e); (iv) Experience requirements in (g)(1)(

A) or (g)(2); and (

v) Continuing education and training requirements in (h).

(2) Conducting six child custody evaluations in consultation with another professional who meets the education, experience, and training requirements of this rule. For purposes of appointment: (

A) An evaluator is deemed to be in compliance with the experience requirements of this rule until December 31, 2009, if he or she: (

i) Completed or supervised three court-appointed partial or full child custody evaluations, including a written or an oral report between January 1, 2000, and July 1, 2003; or (ii) Conducted six child custody evaluations in consultation with another professional who met the experience requirements of the rule. (

B) Effective January 1, 2010, an evaluator who is deemed to be in compliance with the experience requirements described in (

A) must participate in the completion of at least four partial or full court-appointed child custody evaluations in the preceding three years as described in (g)(1) to remain in compliance with the experience requirements of this rule.

(3) The court may appoint an individual to conduct the child custody evaluation who does not meet the experience requirements described in (1), if the court finds that all the following criteria have been met: (

A) There are no evaluators who meet the experience requirements of this rule who are willing and available, within a reasonable period of time, to perform child custody evaluations; (

B) The parties stipulate to the person; and (

C) The court approves the person.

(4) Those who supervise court-connected evaluators:

45 (

A) Meet the experience requirements of this rule by conducting or materially assisting in the completion of at least four partial or full court-connected child custody evaluations in the preceding three years; or (

B) If employed as of January 1, 2007, are deemed to comply with the experience requirements of this rule until December 31, 2009. Effective January 1, 2010, these persons meet the experience requirements by conducting or materially assisting in the completion of at least four partial or full court-connected child custody evaluations in the preceding three years. (Subd (

g) amended and relettered effective January 1, 2007; adopted as subd (f).) (

g) Court-connected evaluators A court-connected evaluator who does not meet the education and training requirements in (

d) and (

e) may conduct child custody evaluations:

(1) If he or she has completed 20 of the 40 hours of initial education and training required by (d);

(2) If he or she completes the additional 20 hours of education and training required by (

d) within 12 months of beginning practice as a child custody evaluator;

(3) If he or she complies with the experience requirements in (f); and

(4) If, during the period in which the evaluator does not meet the requirements of the rule, he or she is supervised by a court-connected evaluator who has complied with the education, training, and experience requirements of this rule. (

h) Continuing education and training requirements After completing the initial 40 hours of training, persons appointed as child custody evaluators must annually complete 8 hours of update training covering subjects described in (e). This requirement is in addition to the annual 4 hours of domestic violence update training described in rule 5.230. education and training requirements described in (

d) and (e), persons appointed as child custody evaluators must annually complete the:

(1) Domestic violence update training described in rule 5.230; and

(2) Eight hours of update training covering the subjects described in (d). (Subd (

h) amended effective January 1, 2007; adopted as subd (

g) effective January 1, 2002; previously amended and relettered effective January 1, 2005.) (

i) Ongoing clinical consultation Court-connected evaluators When conducting evaluations, persons appointed as child custody evaluators should, where appropriate, seek guidance from professionals who meet the requirements of this rule. A court-connected evaluator who does not meet the education and training requirements in (

d) may conduct child custody evaluations if, before appointment, he or she:

(1) Completed at least 20 of the 40 hours of education and training required by (d);

(2) Completes the remaining hours of education and training required by (

d) within 12 months of conducting his or her first evaluation as a court-connected child custody evaluator;

(3) Complied with the basic and advanced domestic violence training requirements under Family Code sections 1816 and 3110.5 and rule 5.230;

(4) Complies with the experience requirements in (g); and

(5) Is supervised by a court-connected child custody evaluator who meets the requirements of this rule. (Subd (

i) amended effective January 1, 2007; adopted as subd (

h) effective January 1, 2002; previously relettered effective January 1, 2005.) (

j) Appointment criteria

(1) On or after January 1, 2005, persons appointed as child custody evaluators must meet the criteria stated in Family Code

section 3110.5(c)(1)–(5).

(2) If there are no child custody evaluators available locally who meet the criteria of Family Code

section 3110.5(c)(1)–(5), the parties may, under Family Code

section 3110.5(d), stipulate to an individual who does not

47 meet the criteria described in Family Code

section 3110.5(c)(1)–(5), subject to approval by the court. Any evaluator chosen must, at a minimum, have complied with the education, training, and experience requirements in (d), (e), and (f). (k)(

j) Responsibility of the courts Each court:

(1) Must develop local court rules that: (

A) Provide for acceptance of and response to complaints about an evaluator’s performance,; and (

B) Establish a process for informing the public about how to find qualified evaluators in that jurisdiction;

(2) Must use the Judicial Council form an Order Appointing Child Custody Evaluator (form FL-327) to appoint a private child custody evaluator or a court-connected evaluation service. Form FL-327 may be supplemented with local court forms;

(3) Must provide the Judicial Council with a copy of any local court forms used to implement this rule; and,

(4) As feasible and appropriate, may confer with education and training providers to develop and deliver curricula of comparable quality and relevance to child custody evaluations for both court-connected and private child custody evaluators.; and

(5) Must use form Declaration of Court-Connected Child Custody Evaluator Regarding Qualifications (form FL-325) to certify that court-connected evaluators have met all the qualifications for court- connected evaluators under this rule for a given year. Form FL-325 may be supplemented with local court rules or forms. (Subd (

j) amended and relettered effective January 1, 2007; adopted as subd (l); previously amended and relettered as subd (

k) effective January 1, 2005.) (l)(

k) Child custody evaluator A person appointed as a child custody evaluator must:

(1) Submit to the court a declaration indicating compliance with all applicable education, training, and experience requirements: (

A) Court-connected child custody evaluators practicing as of January 1 of the a given year must submit Judicial Council form a Declaration of Court-Connected Child Custody Evaluator Regarding Qualifications (form FL-325) to the local family court services office or administrator court executive officer or his or her designee by January 30 of that year. Court-connected evaluators beginning practice after January 1 must file form FL - 325 before any work on the first child custody evaluation has begun and by January 30 of every year thereafter; and (

B) Private child custody evaluators must complete a Judicial Council form Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) and file it with the clerk’s office no later than 10 days after notification of each appointment and before any work on each child custody evaluation has begun; (2)–(3) ***

(4) Have a license in good standing if licensed at the time of appointment, except as described in (c)(2) and Family Code

section 3110.5(d); (5)–(6) *** (Subd (

k) amended and relettered effective January 1, 2007; adopted as subd (m); previously amended and relettered as subd (

l) effective January 1, 2005.) (

l) Use of interns Court-connected and court-appointed child custody evaluators may use interns to assist with the child custody evaluation, if:

(1) The evaluator: (

A) Before or at the time of appointment, fully discloses to the parties and attorneys the nature and extent of the intern’s participation in the evaluation;

49 (

B) Obtains the written agreement of the parties and attorneys as to the nature and extent of the intern’s participation in the evaluation after disclosure; (

C) Ensures that the extent, kind, and quality of work performed by the intern being supervised is consistent with the intern’s training and experience; (

D) Is physically present when the intern interacts with the parties, children, or other collateral persons in the evaluation; and (

E) Ensures compliance with all laws and regulations governing the professional practice of the supervising evaluator and the intern.

(2) The interns: (

A) Are enrolled in a master’s or doctorate program or have obtained a graduate degree qualifying for licensure or certification as a clinical social worker, marriage and family therapist, psychiatrist, or psychologist; (

B) Are currently completing or have completed the coursework necessary to qualify for their degree in the subjects of child abuse assessment and spousal or partner abuse assessment; and (

C) Comply with the applicable laws related to the practice of their profession in California when interns are: (

i) Accruing supervised professional experience as defined in the California Code of Regulations; and (ii) Providing professional services for a child custody evaluator that fall within the lawful scope of practice as a licensed professional. (Subd (

l) adopted effective January 1, 2007.) (m) *** (

n) Eligible training Program approval required Effective July 1, 2003, All eligible education and training programs must be approved by the Administrative Office of the Courts. Education and training

50 courses that were taken between January 1, 2000, and July 1, 2003, may be applied toward the requirements of this rule if they addressed the subjects listed in (e) (

d) and were either were certified or approved for continuing education credit by a professional provider group or were offered as part of a related postgraduate degree or licensing program. (Subd (

n) amended effective January 1, 2007; adopted as subd (

o) effective January 1, 2002; previously amended and relettered effective January 1, 2005.) Rule 5.225 amended effective January 1, 2007; adopted as rule 1257.4 effective January 1, 2002; renumbered effective January 1, 2003; previously amended effective January 1, 2005. Rule 5.365. Procedure for consolidation of child support orders (

a) When an order of consolidation of actions has been made under

section 1048(

a) of the Code of Civil Procedure in cases in which a local child support agency is appearing under

section 17400 of the Family Code, or when a motion to consolidate or combine two or more child support orders has been made under

section 17408 of the Family Code, the cases in which those orders were entered must be consolidated as follows:

(1) Priority of consolidation The order consolidating cases that contain child support orders must designate the primary court file into which the support orders must be consolidated and must also designate the court files that are subordinate. Absent an order upon showing of good cause, the cases or child support orders must be consolidated into a single court file according to the following priority, including those cases or orders initiated or obtained by a local child support agency under division 17 of the Family Code that are consolidated under either

section 1048(

a) of the Code of Civil Procedure or

section 17408 of the Family Code: (i)(

A) If one of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation brought under division 6 of the Family Code, all cases and orders so consolidated must be consolidated into that action, which must be the primary file. (ii)(

B) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation, but one of the child support orders to be consolidated has been issued in an action under the Uniform Parentage Act

51 (Fam. Code, div. 12, pt. 3), all orders so consolidated must be consolidated into that action, which must be the primary file. (iii)(

C) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, but one of the child support orders to be consolidated has been issued in an action commenced by a Petition for Custody and Support of Minor Children (form FL-260), all orders so consolidated must be consolidated into that action, which must be the primary file. (iv)(

D) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, the case or cases with the higher number or numbers must be consolidated into the case with the lowest number, which must be the primary file. Child support orders in cases brought under the Domestic Violence Protection Act (Fam. Code, div. 10, pt. 4) or any similar law may be consolidated under this rule. However, a domestic violence case must not be designated as the primary file.

(2) Notice of consolidation Upon issuance of the consolidation order, the local child support agency must prepare and file in each subordinate case a Notice of Consolidation (form FL-920), indicating that the support orders in those actions are consolidated into the primary file. The notice must state the date of the consolidation, the primary file number, and the case number of each of the cases so consolidated. If the local child support agency was not a participant in the proceeding in which the consolidation was ordered, the court must designate the party to prepare and file the notice. (Subd (

a) amended effective January 1, 2007; previously amended effective January 1, 2003.) (b) *** Rule 5.365 amended effective January 1, 2007; adopted as rule 1285.13 effective January 1, 2001; previously amended and renumbered as rule 5.365 effective January 1, 2003.

52 Rule 5.375. Procedure for a support obligor to file a motion regarding mistaken identity (a) *** (

b) Procedure for filing motion in superior court The support obligor’s motion in superior court to establish mistaken identity must be filed on, Notice of Motion (form FL-301), with appropriate attachments. The support obligor must also file as exhibits to the notice of motion a copy of the claim of mistaken identity that he or she filed with the local child support agency and a copy of the local child support agency’s denial of the claim. (Subd (

b) amended effective January 1, 2007; previously amended effective January 1, 2003.) Rule 5.375 amended effective January 1, 2007; adopted as rule 1280.15 effective January 1, 2001; previously amended and renumbered effective January 1, 2003. Rule 5.501. Preliminary provisions (

a) Applicabilitytion of rules (§§ 200–945) The rules in this division solely apply to every action and proceeding to which the juvenile court law (Welf. & Inst. Code, div. 2, pt. 1, ch. 2, § 200 et seq.) applies, unless they are explicitly made applicable in any other action or proceeding. The rules in this division do not apply to an action or proceeding heard by a traffic hearing officer, nor to a rehearing or appeal from a denial of a rehearing following an order by a traffic hearing officer. (Subd (

a) amended effective January 1, 2007.) (b)–(d) *** Rule 5.501 amended and renumbered effective January 1, 2007; adopted as rule 1400 effective January 1, 1990. Rule 5.518. Court-connected child protection/dependency mediation (a)–(d) ***

53 (

e) Education, experience, and training requirements for dependency mediators Dependency mediators must meet the following minimum qualifications: (1)–(2) ***

(3) Completion of at least 40 hours of initial dependency mediation training before or within 12 months of beginning practice as a dependency mediator. Currently practicing dependency mediators must complete the required 40 hours of initial training by January 1, 2006. The training must cover the following subject areas as they relate to the practice of dependency mediation: (

A) Multiparty, multi-issue, multiagency, and high-conflict cases, including, but not limited to: (i)–(vi) *** (B)–(G) *** (i)–(ii) *** (H)–(K) *** (Subd (

e) amended effective January 1, 2007; previously amended effective January 1, 2005.) (f)–(j) *** Rule 5.518 amended and renumbered effective January 1, 2007; adopted as rule 1405.5 effective January 1, 2004; previously amended effective January 1, 2005. Rule 5.536. General provisions—p roceedings held before referees (

a) Referees—appointment; powers (§ 247; Cal. Const., art. VI, § 22) One or more referees may be appointed under

section 247 to perform subordinate judicial duties assigned to the referee by the presiding judge of the juvenile court. (Subd (

a) amended effective January 1, 2007.)

54 (

b) Referee as temporary judge (Cal. Const., art. VI, § 21) If the referee is an attorney admitted to practice in this state, the parties’ litigant may stipulate under rule 2.816 that the referee is acting as a temporary judge with the same powers as a judge of the juvenile court. An official court reporter or other authorized reporting procedure must record all proceedings. (Subd (

b) amended effective January 1, 2007.) (

c) Challenge of referee (§ 247.5; Code Civ. Proc., §§ 170, 170.6) Code of Civil Procedure sections 170 and 170.6 are applicable to referees. If a motion under those sections is granted, the presiding judge of the juvenile court may reassign the matter to another referee or judge. Rule 5.536 amended and renumbered effective January 1, 2007; adopted as rule 1415 effective January 1, 1990. Rule 5.552. Confidentiality of records (§§ 827, 828) (a) *** (

b) Inspection

(1) Only those persons specified in sections 827 and 828 may inspect, but may not copy, juvenile court records without authorization from the court. (

A) Counsel who are entitled to inspect juvenile court records include any trial court or appellate attorney representing a party in the juvenile court proceeding. (

B) Authorization for any other person to inspect, obtain, or copy juvenile court records must may be ordered only by the juvenile court presiding judge or a judicial officer of the juvenile court. designated by the juvenile court presiding judge. (

C) The child, the child’s attorney, the child’s parents and their attorneys, the child’s social worker, the county counsel, and a child’s identified Indian tribe, can obtain a copy of a juvenile case file document that was previously disseminated during the proceedings, while the case is pending.

55 (

D) Juvenile court records may not be obtained or inspected by civil or criminal subpoena. (

E) In determining whether to authorize inspection or release of juvenile court records, in whole or in part, the court must balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public. (

F) The court may permit disclosure of, discovery of, or access to juvenile court records or proceedings only insofar as is necessary, and only if there is a reasonable likelihood that the records in question will disclose information or evidence of substantial relevance to the pending litigation, investigation, or prosecution. (

G) The court may issue protective orders to accompany authorized disclosure, discovery, or access.

(2) When a petition is sustained for any offense listed in

section 676, the charging petition, the minutes of the proceeding, and the orders of adjudication and disposition that are contained in the court file must be available for public inspection, unless the court has prohibited disclosure of those records under that section. (Subd (

b) amended effective January 1, 2007; previously amended effective January 1, 2004.) (c)–(i) *** Rule 5.552 amended and renumbered effective January 1, 2007; adopted as rule 1423 effective July 1, 1992; previously amended effective January 1, 1994, July 1, 1995, July 1, 1997, January 1, 2001, and January 1, 2004. Rule 5.570. Petition for modification Request to change court order (

a) Contents of petition (§§ 388, 778) A petition for modification must be liberally construed in favor of its sufficiency. The petition must be verified and, to the extent known to the petitioner, must contain the following:

(1) The name of the court to which the petition is addressed;

(2) The title and action number of the original proceeding;

(3) The name, and age, and address of the child;

(4) The address of the child, unless confidential under (b); (4)

(5) The name and residence address of the parent or guardian or an adult relative of the child, if appropriate under circumstances described in rule 5.524; (5)

(6) The date and general nature of the order sought to be modified; (6)

(7) A concise statement of any change of circumstance or new evidence that requires changing the order; (7)

(8) A concise statement of the proposed change of the order; (8)

(9) A statement of the petitioner’s relationship or interest in the child, if the application is made by a person other than the child; and (9)

(10) A statement whether or not all parties agree to the proposed change. (Subd (

a) amended effective January 1, 2007; previously amended effective July 1, 2002.) (b) 388 petition A petition under Welfare and Institutions Code

section 388 must be made on form Request to Change Court Order (form JV-180). (Subd (

b) adopted effective January 1, 2007.) (

c) Confidentiality The addresses and telephone numbers of the person requesting to change the court order, the child, and the child’s caregiver may be kept confidential by filing form Confidential Information (Request to Change Court Order) (form JV-182)with form JV-180. Form JV-182 must be kept in the court file under seal, and only the court, the agency, and the child’s attorney may have access to this information. (Subd (

c) adopted effective January 1, 2007.)

57 (b)(

d) Denial of hearing If the petition fails to state a change of circumstance or new evidence that might may require a change of order or termination of jurisdiction, or that the requested modification would promote the best interest of the child, the court may deny the application ex parte. (Subd (

d) amended and relettered effective January 1, 2007; adopted as subd (b).) (c)(

e) Grounds for grant of petition (§§ 388, 778) If the petition states a change of circumstance or new evidence and it appears that the best interest of the child may be promoted by the proposed change of order or termination of jurisdiction, the court may grant the petition after following the procedures in (

d) and (e) (

f) and (g). (Subd (

e) amended and relettered effective January 1, 2007; adopted as subd (c).) (d)(f) *** (Subd (

f) relettered effective January 1, 2007; adopted as subd (

d) previously amended effective July 1, 2002.) (e)(g) *** (Subd (

g) amended and relettered effective January 1, 2007; repealed and adopted as subd (e); previously amended effective January 1, 1992, July 1, 1995, July 1, 2000, and July 1, 2002.) (f)(h) *** (Subd (

h) amended and relettered effective January 1, 2007; adopted as subd (f); previously amended effective July 1, 2000, July 1, 2002, and January 1, 2003.) (g) (i) *** (Subd (

i) amended and relettered effective January 1, 2007; adopted as subd (g); previously amended effective July 1, 2002.) Rule 5.570 amended and renumbered effective January 1, 2007; adopted as rule 1432 effective January 1, 1991; previously amended effective January 1, 1992, July 1, 1995, July 1, 2000, July 1, 2002, and January 1, 2003.

58 Rule 5.585. Review by appeal (a)–(d) *** (

e) Notice of trial rights;

section 366.26 When the court orders a hearing under

section 366.26, the court must advise orally all parties present, and by first class mail for parties not present, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under

section 366.26, the party is required to seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 38 8.450) (form JV - 820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) or other petition for extraordinary writ. (1) ***

(2) Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 38 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed notices informing the parties of their rights. (Subd (

e) amended effective January 1, 2007; adopted effective January 1, 1995.) (

f) Time for filing notice of appeal Notice of appeal must be filed within 60 days after the making of an appealable order or, if the matter was heard by a referee who was not sitting as a temporary judge, within 60 days after the order becomes final under rule 5.540(c). Notice of appeal may be filed on Notice of Appeal—Juvenile (California Rules of Court, Rule 37 8.400) (form JV-800). (Subd (

f) amended effective January 1, 2007; adopted as subd (

e) effective January 1, 1992, previously amended effective January 1, 1993; previously relettered effective January 1, 1995.) (g) *** Rule 5.585 amended and renumbered effective January 1, 2007; adopted as rule 1435 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, and July 1, 1999.

59 Rule 5.595. Review by extraordinary writ—section 300 proceedings If review by petition for extraordinary writ is sought regarding judgments, orders, or decrees other than those described in rules 8.450, 8.452, 8.454, 8.456, and 5.600, a Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) may be used. Rule 5.595 amended and renumbered effective January 1, 2007; adopted as rule 1436 effective January 1, 1993; previously amended effective January 1, 1994, January 1, 1995, and January 1, 2006. Rule 5.600. Writ petition after orders setting hearing under

section 366.26; appeal (a) *** (

b) Notice of trial rights;

section 366.26 When the court orders a hearing under

section 366.26, the court must advise orally all parties present, and by first-class mail for parties not present, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under

section 366.26, the party is required to seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record, (California Rules of Court, Rule 38 8.450) (form JV - 820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452 ,38.3 8.456) (form JV-825) or other petition for extraordinary writ. (1) ***

(2) Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 38 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed notices informing the parties of their rights. (Subd (

b) amended and relettered effective January 1, 2007; adopted as subd (

d) effective January 1, 1995.) (

c) Time for filing the notice of intent to file writ petition and request for record To permit determination of the writ petition before the scheduled date for the hearing under

section 366.26 on the selection of the permanent plan, a notice

60 of intent to file a writ petition and request for record must be filed with the clerk of the juvenile court within 7 days of the date of the order setting a hearing under

section 366.26. The period for filing a notice of intent to file a writ petition and request for record will be extended 5 days if the party received notice of the order setting the hearing under

section 366.26 only by mail. A Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 38 8.450) (form JV-820) may be used. (Subd (

c) amended and relettered effective January 1, 2007; adopted as subd (

e) effective January 1, 1995; previously amended effective July 1, 1995, January 1, 1996, and January 1, 2006.) (d)–(g) *** (

h) Petition for extraordinary writ; form JV-825 The petition for extraordinary writ may be filed on a Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) or other petition for extraordinary writ. Petitions for extraordinary writ submitted on a Petition for Extraordinary Writ (California Rules of Court, Rules 38.1 8.452, 38.3 8.456) (form JV-825) must be accepted for filing by the appellate court. All petitions must be liberally construed in favor of their sufficiency. (Subd (

h) amended and relettered effective January 1, 2007; adopted as subd (

j) effective January 1, 1995; previously amended and relettered as subd (

j) effective January 1, 2006.) (i)–(j) *** Rule 5.600 amended and renumbered effective January 1, 2007; adopted as rule 1436.5 effective January 1, 1995; previously amended effective July 1, 1995, January 1, 1996, and July 1, 2006. Rule 5.610. Transfer-out hearing (a)–(e) *** (

g) Modification of form JV-550 Juvenile Court Transfer Orders (form JV-550) may be modified as follows:

(1) Notwithstanding the mandatory use of form JV-550, the form may be modified for use by a formalized regional collaboration of courts to facilitate the efficient processing of transfer cases among those courts if

61 the modification has been approved by the Judicial Council of California, Administrative Office of the Courts.

(2) The mandatory form must be used by a regional collaboration when transferring a case to a court outside the collaboration or when accepting a transfer from a court outside the collaboration. (Subd (

g) adopted January 1, 2007.) (g)(h) *** (Subd (

d) amended and relettered effective January 1, 2007; repealed and adopted as subd (

g) effective, January 1, 1990; previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, and January 1, 2004.) (h)(i) *** (Subd (

i) amended and relettered effective January 1, 2007; repealed and adopted as subd (

h) effective January 1, 1990; previously amended effective January 1, 1992, and January 1, 2004.) Rule 5.610 amended and renumbered effective January 1, 2007; adopted as rule 1425 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, and January 1, 2004. Rule 5.630. Restraining orders (a)–(c) *** (

d) Other protected persons (§ 213.5(a)) If the court grants ex parte orders or post hearing orders that protect any child listed in (c)(1) or (2), then The court may also issue orders protecting any parent, legal guardian, or current caregiver of the child listed in (c)(1), whether or not that child resides with that parent, legal guardian, or current caregiver. (Subd (

d) amended effective January 1, 2007; adopted effective January 1, 2003.) (e)–(l) *** Rule 5.630 amended and renumbered effective January 1, 2007; adopted as rule 1429.5 effective January 1, 2000; previously amended effective January 1, 2003, and January 1, 2004.

62 Rule 5.635. Parentage (a) *** (

b) Parentage inquiry (§§ 316.2, 726.4) At the initial hearing on a petition filed under

section 300, 601, or 602, and at hearings thereafter until or unless parentage has been established, the court must inquire of the child’s parents present at the hearing and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child. Questions, at the discretion of the court, may include the following and others that may provide information regarding parentage:

(1) Has there been a judgment of parentage?

(2) Was the mother married or did she have a registered domestic partner at or after the time of conception?

(3) Did the mother believe she was married or believe she had a registered domestic partner at or after the time of conception? (3)

(4) Was the mother cohabiting with a man another adult at the time of conception? (4)

(5) Has the mother received support payments or promises of support for the child or for herself during her pregnancy or after the birth of the child? (5)

(6) Has a man formally or informally acknowledged paternity, including the execution and filing of a voluntary declaration of paternity under Family Code

section 7570 et seq., and agreed to have his name placed on the child’s birth certificate? (6)

(7) Have genetic tests been administered, and, if so, what were the results?

(8) Has the child been raised jointly with another adult or in any other co-parenting arrangement? (Subd (

b) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.)

63 (c)–(f) *** (

g) Dependency and delinquency; notice to alleged fathers parents If, after inquiry by the court or through other information obtained by the county welfare department or probation department, one or more men persons are identified as alleged fathers parents of a child for whom a petition under

section 300, 601, or 602 has been filed, the clerk must provide to each named alleged father parent, at the last known address, by certified mail, return receipt requested, a copy of the petition, notice of the next scheduled hearing, and Statement Regarding Paternity Parentage (Juvenile Dependency) (form JV-505) unless:

(1) The petition has been dismissed;

(2) Dependency or wardship has been terminated;

(3) The man parent has previously filed a form JV-505 denying paternity parentage and waiving further notice; or

(4) The man parent has relinquished custody of the child to the county welfare department. (Subd (

g) amended effective January 1, 2007; adopted as subd (

e) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.) (

h) Dependency and delinquency; alleged fathers parents (§§ 316.2, 726.4) The court must make the following determinations:

(1) If a man appears at a hearing in a dependency matter, or at a hearing under

section 601 or 602, and files an action under Family Code

section 7630 or 7631, the court must determine if he is the presumed father of the child.

(2) If a man person appears at a hearing in dependency matter or at a hearing under

section 601 or 602 and requests a finding judgment of paternity parentage on form JV-505 in a dependency matter or by written request in a

section 601 or 602 matter, the court must determine:

(1) Whether he that person is the biological father parent of the child.; and

(2) Whether that person is the presumed parent of the child, if that finding is requested. (Subd (

h) amended effective January 1, 2007; adopted as subd (

f) effective January 1, 1999; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.) Rule 5.635 amended effective January 1, 2007; adopted as rule 1413 effective July 1, 1995; previously amended effective January 1, 1999, January 1, 2001, January 1, 2006, and July 1, 2006. Rule 5.682. Commencement of jurisdiction hearing—advisement of trial rights; admission;, no contest;, submission (a)–(g) *** Rule 5.682 amended and renumbered effective January 1, 2007; adopted as rule 1449 effective January 1, 1991; previously amended effective January 1, 2005. Rule 5.690. General conduct of disposition hearing (a) *** (

b) Evidence considered (§§ 358, 360) The court must receive in evidence and consider the social study, a guardianship assessment, the report of any CASA volunteer, the case plan, and any relevant evidence offered by petitioner, the child, or the parent or guardian. The court may require production of other relevant evidence on its own motion. In the order of disposition, the court must state that the social study and the study or evaluation by the CASA volunteer, if any, have been read and considered by the court. (Subd (

b) amended effective January 1, 2007; previously amended effective July 1, 1995.) (

c) Case plan (§ 16501.1) Whenever child welfare services are provided, the social worker must prepare a case plan.

(1) A written case plan much be completed and filed with the court by the date of disposition or within 60 calendar days of initial removal or of the in-person response required under

section 16501(

f) if the child has not been removed from his or her home, whichever occurs first.

(2) The court must consider the case plan and must find as follows: (

A) The social worker solicited and integrated into the case plan the input of the child, the child’s family, the child’s identified Indian tribe, and other interested parties; or (

B) The social worker did not solicit and integrate into the case plan the input of the child, the child’s family, the child’s identified Indian tribe, and other interested parties. If the court finds that the social worker did not solicit and integrate into the case plan the input of the child, the child’s family, the child’s identified Indian tribe, and other interested parties, the court must order that the social worker solicit and integrate into the case plan the input of the child, the child’s family, the child’s identified Indian tribe, and other interested parties, unless the court finds that each of these participants was unable, unavailable, or unwilling to participate.

(3) For a child 12 years of age or older and in a permanent placement, the court must consider the case plan an