AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on December 13, 2011, and January 24, 2012, effective on July 1, 2012 Rule 2.117. Conformed copies of papers ................................................................... 2 1 Rule 2.300 Application .............................................................................................. 2 2 Rule 5.92. Request for court order; response ............................................................. 2 3 Rule 5.93. Attorney’s fees and costs .......................................................................... 4 4 Rule 5.146.

Judgment checklists ................................................................................ 5 5 Rule 5.147. Review of judgments based on default and uncontested judgments 6 submitted by declaration under Family Code

section 2336 ..................................... 5 7 Rule 5.148. Default and uncontested hearings on judgments submitted 8 on the basis of declarations under Family Code

section 2336 ................................. 6 9 Rule 5.386. Procedures for filing a tribal court protective order ............................... 6 10 Rule 7.1015. Indian Child Welfare Act in guardianship and certain 11 conservatorship proceedings .................................................................................... 7 12 13

Rule 2.117. Conformed copies of papers 1 2 All copies of papers served must conform to the original papers filed, including the 3 numbering of lines, pagination, additions, deletions, and interlineations except that, with 4 the agreement of the other party, a party may serve that other party with papers printed on 5 both sides of the page. 6 7 Rule 2.117 amended effective July 1, 2012; adopted effective January 1, 2007. 8 9 10 Rule 2.300 Application 11 12 (

a) Proceedings to which rules apply 13 14 The rules in this

chapter apply to civil, probate, and family law proceedings in all 15 trial courts. Rule 5.386 applies to fax filing of a protective order issued by a tribal 16 court. Rule 5.522 applies to fax filing in juvenile law proceedings. 17 18 (Subd (

a) amended effective July 1, 2012; adopted as part of unlettered subd effective 19 March 1, 1992; previously amended and lettered effective January 1, 2007.) 20 21 (b) *** 22 23 Rule 2.300 amended effective July 1, 2012; adopted as rule 2002 effective March 1, 1992; 24 previously amended effective January 1, 1999; previously amended and renumbered effective 25 January 1, 2007. 26 27 Rule 5.92. Request for court order; response 28 29 (

a) Request for order; procedures 30 31

(1) In a family law proceeding other than an action under the Domestic Violence 32 Prevention Act or a local child support agency action under the Family Code, 33 a notice of motion or order to show cause must be filed on a Request for 34 Order (form FL-300), unless another Judicial Council form has been adopted 35 or approved for the specific motion or order to show cause. 36 37

(2) In an action under the Domestic Violence Prevention Act, a notice of motion 38 or order to show cause to modify existing orders that were entered after a 39 hearing may be filed on a Request for Order (form FL-300). 40 41

(3) In a local child support action under the Family Code, a notice of motion or 1 order to show cause filed by any party other than the local child support 2 agency may be filed on a Request for Order (form FL-300). 3 4

(4) The Request for Order (form FL-300) must set forth facts sufficient to notify 5 the other party of the declarant’s contentions in support of the relief 6 requested. 7 8

(5) A completed Income and Expense Declaration (form FL-150) or Financial 9 Statement (Simplified) (form FL-155) must be filed with the Request for 10 Order (form FL-300) when relevant to the relief requested unless a current 11 form is on file with the court. 12 13

(6) The moving party must file the documents with the court to obtain a court 14 date and then serve a copy on the responding party. 15 16 (

A) If the request for order seeks court orders pending a hearing or seeks an 17 order that the other party attend the hearing, the Request for Order 18 (form FL-300) and appropriate attachments must be served in the 19 manner specified for the service of a summons in Code of Civil 20 Procedure

section 413.10 et seq. 21 22 (

B) If the Request for Order (form FL-300) is filed after entry of a 23 judgment of dissolution of marriage, nullity of marriage, legal 24 separation of the parties, or paternity, or after a permanent order in any 25 other proceeding in which the visitation, custody, or support of a child 26 was at issue, it must be served as specified in Family Code

section 215. 27 28 (

C) All other requests for order and appropriate attachments may be served 29 as specified in Code of Civil Procedure

section 1010 et.seq. 30 31

(7) The documents served must include a blank copy of the following: 32 33 (

A) Responsive Declaration to Request for Order (form FL-320); 34 35 (

B) Income and Expense Declaration (form FL-150) or Financial 36 Statement (Simplified) (form FL-155) when completed declarations are 37 among the papers required to be served. 38 39 (

b) Responding papers 40 41

To respond to the issues raised in the Request for Order (form FL-300) and 1 attached papers, the responding party must complete, file, and serve a Responsive 2 Declaration to Request for Order (form FL-320). 3 4

(1) The Responsive Declaration to Request for Order (form FL-320) must set 5 forth facts sufficient to notify the other party of the declarant’s contentions in 6 response to the request for order and in support of any relief requested. 7 8

(2) The responding papers may request relief related to the orders requested in 9 the moving papers. Unrelated relief must be sought by filing a separate 10 request for order as specified in (a). 11 12

(3) A completed Income and Expense Declaration (form FL-150) or Financial 13 Statement (Simplified) (form FL-155) must be attached to the Responsive 14 Declaration to Request for Order (form FL-320) when relevant to the relief 15 requested. 16 17 (

c) Memorandum of points and authorities 18 19 No memorandum of points and authorities need be filed with a Request for Order 20 (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) 21 unless required by the court on a case-by-case basis. 22 23 (

d) Additional documents 24 25 As specified in these rules, the moving and responding parties may be required to 26 complete, file, and serve additional papers to request or respond to a Request for 27 Order (form FL-300) about child custody and visitation (parenting time), attorney 28 fees and costs, support, and other financial matters. 29 30 Rule 5.92 adopted effective July 1, 2012. 31 32 Rule 5.93. Attorney’s fees and costs 33 34 (a) *** 35 36 (

b) Request 37 38

(1) Except as provided in Family Code

section 2031(b), to request attorney’s fees 39 and costs, a party must complete, file, and serve the following documents: 40 41

(

A) Request for Order (form FL-300) Application for Order (form FL-310) 1 attached to an Order to Show Cause (form FL-300) or a Notice of 2 Motion (form FL-301); 3 4 (B)–(E) *** 5 6 (2) *** 7 8 (Subd (

b) amended effective July 1, 2012.) 9 10 (

c) Response to request 11 12 To respond to the request for attorney’s fees and costs, a party must complete, file, 13 and serve the following documents: 14 15

(1) Responsive Declaration to Request for Order to Show Cause or Notice of 16 Motion (form FL-320); 17 18 (2)–(4) *** 19 20 (Subd (

c) amended effective July 1, 2012.) 21 22 (d)–(e) *** 23 24 Rule 5.93 amended effective July 1, 2012; adopted effective January 1, 2012. 25 26 Rule 5.146. Judgment checklists 27 28 The Judgment Checklist— Dissolution/Legal Separation (form FL-182) lists the forms 29 that courts may require to complete a judgment based on default or uncontested judgment 30 in dissolution or legal separation cases based on a declaration under Family Code

section 31 2336. The court may not require any additional forms or attachments. 32 33 Rule 5.146 adopted effective July 1, 2012. 34 35 Rule 5.147. Review of judgments based on default and uncontested judgments 36 submitted by declaration under Family Code

section 2336 37 38 Once a valid proof of service of summons has been filed with the court or respondent has 39 made a general appearance in the case: 40 41 (

a) Court review 42 43

The court must conduct a procedural review all the documents submitted for 1 judgment based on default or uncontested judgments submitted under Family Code 2

section 2336 and notify the attorneys or self-represented litigants who submitted 3 them of all identified defects. 4 5 (

b) Notice of errors and omissions 6 7 Basic information for correction of the defects must be included in any notification 8 to attorneys or self-represented litigants made under (a). 9 10 Rule 5.147 adopted effective July 1, 2012. 11 12 Rule 5.148. Default and uncontested hearings on judgments submitted on the basis 13 of declarations under Family Code

section 2336 14 15 The decision to hold a hearing in a case in which a judgment has been submitted on the 16 basis of a declaration under Family Code

section 2336 should be made on a case-by-case 17 basis at the discretion of the court or request of a party. Courts must allow judgments in 18 default and uncontested cases to be submitted by declaration pursuant to

section 2336 and 19 must not require that a hearing be conducted in all such cases. 20 21 Rule 5.148 adopted effective July 1, 2012. 22 23 Rule 5.386. Procedures for filing a tribal court protective order 24 25 (

a) Request for written procedures for filing a tribal court protective order 26 27 At the request of any tribal court located within the county, a court must adopt a 28 written procedure or local rule to permit the fax or electronic filing of any tribal 29 court protective order that is entitled to be registered under Family Code

section 30 6404. 31 32 (

b) Process for registration of order 33 34 The written procedure or local rule developed in consultation with the local tribal 35 court or courts must provide a process for: 36 37

(1) The tribal court or courts to contact a representative of the superior court to 38 inform him or her that a request for registration of a tribal court protective 39 order will be made; 40 41

(2) Confirmation of receipt of the request for registration of the order; and 42 43

(3) Return of copies of the registered order to the tribal court or the protected 1 person. 2 3 (

c) No filing fee required 4 5 In accordance with Family Code

section 6404(b), no fee may be charged for the fax 6 or electronic filing registration of a tribal court protective order. 7 8 (

d) Facsimile coversheet 9 10 The Fax Transmission Cover Sheet for Registration of Tribal Court Protective 11 Order (form DV-610) or similar cover sheet established by written procedure or 12 local rule must be used when fax filing a tribal court protective order. The cover 13 sheet must be the first page transmitted, to be followed by any special handling 14 instructions needed to ensure that the document will comply with local rules. 15 Neither the cover sheet nor the special handling instructions are to be filed in the 16 case.

The court is not required to keep a copy of the cover sheet. 17 18 Rule 5.386 adopted effective July 1, 2012. 19 20 21 Rule 7.1015. Indian Child Welfare Act in guardianship and certain conservatorship 22 proceedings 23 24 (a)–(c) *** 25 26 (

d) Duty of inquiry 27 28 (1) *** 29 30

(2) Before filing his or her petition, the petitioner must ask the child involved in 31 the proceeding, if the child is old enough, and the parents, or any other legal 32 guardian, and any Indian custodian, whether the child is or may be an Indian 33 child, and must complete items 1c and 8 of the Indian Child Inquiry 34 Attachment (form ICWA-010(A)) Guardianship Petition— Child Information 35 Attachment (form GC-210(CA)) and attach it to his or her petition. 36 37 (3)–(7) *** 38 39 (Subd (

d) amended effective July 1, 2012.) 40 41 Rule 7.1015 amended effective July 1, 2012; adopted effective January 1, 2008.42 43