AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 19, 2023, effective January 1, 2024 Title 3. Civil Rules ............................................................................................................. 3 1 Division 11. Law and Motion ........................................................................................ 3 2

Chapter 3. Provisional and Injunctive Relief ................................................................. 3 3

Article 4. Protective Orders ........................................................................................... 3 4 Rule 3.1162. Service requirement for respondents who appear remotely ................. 3 5 Title 3. Civil Rules ............................................................................................................. 3 6 Division 20. Unlawful Detainers ................................................................................... 3 7 Rule 3.2005. Settlement opportunities ....................................................................... 3 8 Rule 4.117.

Qualifications for appointed trial counsel in capital cases ..................... 4 9 Rule 5.151. Request for temporary emergency (ex parte) orders; application; 10 required documents ..................................................................................................... 5 11 Rule 5.451. Contact after adoption agreement........................................................... 9 12 Rule 5.482. Proceedings after notice ....................................................................... 14 13 Title 5.

Family and Juvenile Rules ................................................................................... 15 14 Division 2. Rules Applicable in Family and Juvenile Proceedings .............................. 15 15

Chapter 4. Protective Orders ......................................................................................... 15 16 Rule 5.496. Service requirement for proposed restrained persons who appear 17 remotely .................................................................................................................... 15 18 Rule 5.530. Persons present ..................................................................................... 15 19

Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact on 20 the Placement of Children ......................................................................................... 17 21 Rule 5.619. Voluntary placement in psychiatric residential treatment facility (Welf. 22 & Inst. Code, §§ 361.23, 727.13) .............................................................................. 17 23 Rule 5.637. Family finding (§§ 309(e), 628(d)) .................................................... 19 24 Rule 5.695.

Findings and orders of the court— disposition ................................ 22 25 Rule 5.790. Orders of the court............................................................................. 25 26 Rule 5.810. Reviews, hearings, and permanency planning ................................. 26 27 Rule 7.1103. Qualifications and annual education required for counsel appointed to 28 represent a conservatee, proposed conservatee, or person alleged to lack legal 29 capacity (Prob. Code, §§ 1456, 1470(a), 1471) ........................................................ 29 30 Rule 8.13.

Amendments to rules ........................................................................... 31 31 Title 8. Appellate Rules .................................................................................................... 31 32 Division 1. Rules Relating to the Supreme Court and Courts of Appeal ..................... 31 33

Chapter 2. Civil Appeals ...............................................................................................

Chapter 2. Civil Appeals ...............................................................................................

Chapter 2. Civil Appeals ...............................................................................................

Chapter 2. Civil Appeals ............................................................................................... 31 1

Article 2. Record on Appeal ......................................................................................... 31 2 Rule 8.124. Appendixes ........................................................................................... 31 3 Rule 8.130. Reporter’s transcript ............................................................................. 33 4 Rule 8.144. Form of the record ................................................................................ 34 5 Rule 8.204. Contents and format of briefs ............................................................... 36 6 Rule 8.452. Writ petition to review order setting hearing under Welfare and 7 Institutions Code

section 366.26 ............................................................................... Institutions Code

section 366.26 ............................................................................... Institutions Code

section 366.26 ............................................................................... Institutions Code

section 366.26 ............................................................................... 37 8 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 to 9 review order designating or denying specific placement of a dependent child after 10 termination of parental rights .................................................................................... termination of parental rights .................................................................................... termination of parental rights .................................................................................... termination of parental rights .................................................................................... 38 11 Rule 8.504.

Form and contents of petition, answer, and reply ................................ 38 12 Rule 8.622. Certifying the trial record for accuracy ................................................ 40 13 Rule 8.834. Reporter’s transcript ............................................................................. 40 14 Rule 8.838. Form of the record ................................................................................ 41 15 Division 4. Rules Relating to the Superior Court Appellate Division .......................... Division 4.

Rules Relating to the Superior Court Appellate Division .......................... Division 4. Rules Relating to the Superior Court Appellate Division .......................... Division 4. Rules Relating to the Superior Court Appellate Division .......................... 42 16

Chapter 2. Appeals and Records in Limited Civil Cases ..............................................

Chapter 2. Appeals and Records in Limited Civil Cases ..............................................

Chapter 2. Appeals and Records in Limited Civil Cases ..............................................

Chapter 2. Appeals and Records in Limited Civil Cases .............................................. 42 17

Article 2. Record in Civil Appeals ................................................................................ e 2. Record in Civil Appeals ................................................................................ e 2. Record in Civil Appeals ................................................................................ e 2. Record in Civil Appeals ................................................................................ 42 18 Rule 8.845. Appendixes ........................................................................................... 42 19 Rule 8.866.

Preparation of reporter’s transcript....................................................... 44 20 Rule 8.919. Preparation of reporter’s transcript....................................................... 46 21 Rule 10.468. Content-based and hours-based education for superior court judges 22 and subordinate judicial officers regularly assigned to hear probate proceedings ... 48 23 Rule 10.478.

Content-based and hours-based education for court investigators, 24 probate attorneys, and probate examiners ................................................................. probate attorneys, and probate examiners ................................................................. probate attorneys, and probate examiners ................................................................. probate attorneys, and probate examiners ................................................................. 50 25 Rule 10.493. Instructor-led training Delivery methods defined ........................ 52 26

Chapter XX ................................................................................................................... 53 27 Rule 10.970 Reports of findings and orders affecting voting rights (Elec. Code, 28 § 2211.5) ................................................................................................................... 53 29 Title 2. Standards for Proceedings in the Trial Courts..................................................... 54 30 Standard 2.2. Trial court case disposition time goals .............................................. 54 31 32

3 1 Title 3. Civil Rules 2 3 Division 11. Law and Motion 4 5

Chapter 3. Provisional and Injunctive Relief 6 7

Article 4. Protective Orders 8 9 10 11 Rule 3.1162. Service requirement for respondents who appear remotely 12 13 (

a) Application of rule 14 15 This rule applies to protective orders issued under Code of Civil Procedure sections 16 527.6, 527.8, and 527.85; Penal Code sections 18100–18205; and Welfare and 17 Institutions Code

section 15657.03. 18 19 (

b) No additional proof of service required 20 21 If the respondent named in an order issued after hearing appears at that hearing 22 through the use of remote technology, and through that appearance has received 23 actual notice of the existence and substance of the restraining order after hearing, 24 no additional proof of service is required for enforcement of the order. 25 26 Rule 3.1162 adopted effective January 1, 2024 27 28 29 Title 3. Civil Rules 30 31 Division 20. Unlawful Detainers 32 33 Rule 3.2005. Settlement opportunities 34 35 (

a) Policy favoring an opportunity for resolution without trial 36 37 The intent of this rule is to promote opportunities for resolution of unlawful 38 detainer cases before trial. Courts should encourage participation, to the extent 39 feasible, in at least one opportunity for resolution before trial, including but not 40 limited to a settlement conference, mediation, or another alternative dispute 41 resolution process. 42 43

4 (

b) Exemption for mandatory settlement conference statement deadline 1 2 The court may exempt the parties in an unlawful detainer case participating in a 3 mandatory settlement conference from the five-court-day deadline for submitting a 4 settlement conference statement set out in rule 3.1380(c). 5 6 Rule 3.2005 adopted effective January 1, 2024. 7 8 Advisory Committee Comment 9 10 The Judicial Council has adopted an optional form— Eviction Case (Unlawful Detainer) 11 Stipulation (form UD-155)— that can be used to advise the court about any settlement that has 12 been reached before trial. 13 14 Subdivision (a).

The committee notes that parties may choose but cannot be required to 15 participate in for-cost mediation or alternative dispute resolution (ADR). This rule is not intended 16 in any way to mandate for-cost mediation or ADR. 17 18 Subdivision (b). Because unlawful detainer cases generally proceed on an expedited basis, this 19 exemption allows parties in unlawful detainer cases to participate in and complete mandatory 20 settlement conferences on shorter timelines.

Nothing in this rule, including the exemption set out 21 in subdivision (b), is intended to preclude a court from shortening other deadlines related to 22 alternative dispute resolution processes. 23 24 25 Rule 4.117. Qualifications for appointed trial counsel in capital cases 26 27 (a) * * * 28 29 (

b) General qualifications 30 31 In cases in which the death penalty is sought a person is charged with a capital 32 offense, the court must assign qualified trial counsel to represent the defendant 33 unless the district attorney has made an affirmative statement on the record that the 34 prosecution will not be seeking the death penalty. The attorney may be appointed 35 only if the court, after reviewing the attorney’s background, experience, and 36 training, determines that the attorney has demonstrated the skill, knowledge, and 37 proficiency to diligently and competently represent the defendant.

An attorney is 38 not entitled to appointment simply because he or she meets the minimum 39 qualifications. 40 41 (Subd (

b) amended effective January 1, 2024.) 42 43

5 (c)–(i) * * * 1 2 Rule 4.117 amended effective January 1, 2024; adopted effective January 1, 2003; previously 3 amended effective January 1, 2004, and January 1, 2007. 4 5 6 Rule 5.151. Request for temporary emergency (ex parte) orders; application; 7 required documents 8 9 (a)–(b) * * * 10 11 (

c) Required documents 12 13

(1) Request for order 14 15 A request for emergency orders must be in writing and must include all of the 16 following completed documents: 17 18 (

A) Request for Order (form FL-300) that identifies the relief requested. 19 20 (

B) When relevant to the relief requested, a current Income and Expense 21 Declaration (form FL-150) or Financial Statement (Simplified) (form 22 FL-155) and Property Declaration (form FL-160). 23 24 (

C) Temporary Emergency (Ex Parte) Orders (form FL-305) to serve as the 25 proposed temporary order. 26 27 (

D) A written declaration regarding notice of application for emergency 28 orders based on personal knowledge. Declaration Regarding Notice 29 and Service of Request for Temporary Emergency (Ex Parte) Orders 30 (form FL-303), a local court form, or a declaration that contains the 31 same information as form FL-303 may be used for this purpose. 32 33 (

E) A memorandum of points and authorities only if required by the court. 34 35

(2) Request to reschedule hearing 36 37 A request to reschedule a hearing must comply with the requirements of rule 38 5.95. 39 40 (

d) Contents of application and declaration 41 42

(1) Identification of attorney or party 43

6 1 An application for emergency orders must state the name, address, and 2 telephone number of any attorney known to the applicant to be an attorney 3 for any party or, if no such attorney is known, the name, address, and 4 telephone number of the party, if known to the applicant. 5 6

(2) Affirmative factual showing required in written declarations 7 8 T he declarations must contain facts within the personal knowledge of the 9 declarant that demonstrate why the matter is appropriately handled as an 10 emergency hearing, as opposed to being on the court’s regular hearing 11 calendar. 12 13 An applicant must make an affirmative factual showing of irreparable harm, 14 immediate danger, or any other statutory basis for granting relief without 15 notice or with shortened notice to the other party. 16 17

(3) Disclosure of previous applications and orders 18 19 A n applicant should submit a declaration that fully discloses all previous 20 applications made on the same issue and whether any orders were made on 21 any of the applications, even if an application was previously made upon a 22 different state of facts. Previous applications include an order to shorten time 23 for service of notice or an order shortening time for hearing. 24 25

(4) Disclosure of change in status quo 26 27 T he applicant has a duty to disclose that an emergency order will result in a 28 change in the current situation or status quo. Absent such disclosure, 29 attorney’s fees and costs incurred to reinstate the status quo may be awarded. 30 31

(5) Applications regarding child custody or visitation (parenting time) 32 33 A pplications for emergency orders granting or modifying involving child 34 custody or visitation (parenting time) under Family Code

section 3064 must: 35 36 (

A) Provide a full, detailed description of the most recent incidents 37 showing: 38 39 (

i) Immediate harm to the child as defined in Family Code

section 40 3064(b); or 41 42

7 (ii) Immediate risk that the child will be removed from the state of 1 California. 2 3 (

B) Specify the date of each incident described in (A); 4 5 (

C) Advise the court of the existing custody and visitation (parenting time) 6 arrangements and how they would be changed by the request for 7 emergency orders; 8 9 (

D) Include a copy of the current custody orders, if they are available. If no 10 orders exist, explain where and with whom the child is currently living; 11 and 12 13 (

E) Include a completed Declaration Under Uniform Child Custody 14 Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) if the form 15 was not already filed by a party or if the information has changed since 16 it was filed. 17 18

(6) Applications for child custody or visitation (parenting time) when child is in 19 the state for gender-affirming health care or gender-affirming mental health 20 care 21 22 N otwithstanding the requirements in Family Code

section 3064, when a child 23 is in the state for the purpose of obtaining gender-affirming health care or 24 gender-affirming mental health care, applications for emergency orders for 25 child custody or visitation (parenting time) under Family Code sections 3427, 26 3428, and 3453.5 must: 27 28 (

A) Be filed with, or after filing, either: 29 30 (

i) A petition appropriate for the case type (for example, a petition 31 for dissolution of marriage or legal separation, a petition to 32 determine parental relationship, or a petition for custody and 33 support); or 34 35 (ii) Registration of Out-of-State Custody Order (form FL-580) if 36 there is a previous custody determination in another state and the 37 party does not intend to file a petition under (i). 38 39 (

B) Include the documents listed in (

c) of this rule. 40 41 (

C) Include the information specified in (d)(5)(C)–(

E) of this rule. 42 43

8 (

e) Contents of notice and declaration regarding notice of emergency hearing 1 2

(1) Contents of notice 3 4 W hen notice of a request for emergency orders is given, the person giving 5 notice must: 6 7 (

A) State with specificity the nature of the relief to be requested; 8 9 (

B) State the date, time, and place for the presentation of the application; 10 11 (

C) State the date, time, and place of the hearing, if applicable; and 12 13 (

D) Attempt to determine whether the opposing party will appear to oppose 14 the application (if the court requires a hearing) or whether he or she the 15 opposing party will submit responsive pleadings before the court rules 16 on the request for emergency orders. 17 18

(2) Declaration regarding notice 19 20 An application for emergency orders must be accompanied by a completed 21 declaration regarding notice that includes one of the following statements: 22 23 (

A) The notice given, including the date, time, manner, and name of the 24 party informed, the relief sought, any response, and whether opposition 25 is expected and that, within the applicable time under rule 5.165, the 26 applicant informed the opposing party where and when the application 27 would be made; 28 29 (

B) That the applicant in good faith attempted to inform the opposing party 30 but was unable to do so, specifying the efforts made to inform the 31 opposing party; or 32 33 (

C) That, for reasons specified, the applicant should not be required to 34 inform the opposing party. 35 36 Rule 5.151 amended effective January 1, 2024; adopted effective January 1, 2013; previously 37 amended effective July 1, 2016, and July 1, 2020. 38 39 40 Advisory Committee Comment 41 Applications for child custody or visitation (parenting time), including applications involving a 42 child who is present in this state to obtain gender-affirming health care or gender-affirming 43

9 mental health care under Family Code sections 3427, 3428, and 3453.5, may also be requested 1 under the Domestic Violence Prevention Act (DVPA) (Fam. Code, §§ 6200–6460). Different 2 forms and procedures apply to DVPA cases. 3 4 5 Rule 5.451. Contact after adoption agreement 6 7 (

a) Applicability of rule 8 9 This rule applies to any adoption of a child filed under Family Code

section 8714, 10 8714.5, 8802, 8912, or 9000. The adoption petition must be filed under Family 11 Code sections 8714 and 8714.5. If the child is a dependent of the juvenile court, the 12 adoption petition may be filed in that juvenile court and the clerk must open a 13 confidential adoption file for the child, and this file must be separate and apart from 14 the dependency file, with an adoption case number different from the dependency 15 case number. For the purposes of this rule, a “relative” is defined as follows: 16 17

(1) An adult related to the child or the child’s sibling or half-sibling by blood or 18 affinity, including a relative whose status is preceded by the word “step,” 19 “great,” “great-great,” or “grand”; or 20 21

(2) The spouse or domestic partner of any of the persons described in (1) even if 22 the marriage or domestic partnership was terminated by dissolution or the 23 death of the spouse related to the child. 24 25 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 26 2007, and January 1, 2013.) 27 28 (

b) Contact after adoption agreement 29 30 An adoptive parent or parents; a birth relative or relatives, including a birth parent 31 or parents or any siblings of a child who is the subject of an adoption petition; or an 32 Indian tribe that the child is a member of and the child may enter into a written 33 agreement permitting postadoption contact between the child and birth relatives, 34 including the birth parent or parents or any siblings, or an Indian tribe. No 35 prospective adoptive parent or birth relative may be required by court order to enter 36 into a contact-after-adoption agreement. 37 38 (c)(

b) Court Court approval; time of decree Preparing the agreement 39 40 Any agreement must be prepared and submitted on Contact After Adoption 41 Agreement (form ADOPT-310) and include all terms required under

section 42 8616.5. 43

10 1 If, at the time the adoption petition is granted, the court finds that the agreement is 2 in the best interest of the child, the court may enter the decree of adoption and grant 3 postadoption contact as reflected in the approved agreement. 4 5 (Subd (

b) relettered and amended effective January 1, 2024; adopted as subd (c); 6 previously amended effective January 1, 2003; and January 2013.) 7 8 (d)(

c) Terms Terms of agreement Enforcement, modification, or termination of the 9 agreement 10 11

(1) The court that grants the petition for adoption and approves the contact after 12 adoption agreement retains jurisdiction over the agreement. 13 14

(2) Any petition for enforcement of an agreement must be filed on Request to: 15 Enforce, Change, End Contact After Adoption Agreement (form 16 ADOPT-315). 17 18

(3) Any petition for modification or termination of an agreement must be filed on 19 Request to: Enforce, Change, End Contact After Adoption Agreement (form 20 ADOPT-315). 21 22 The terms of the agreement are limited to the following, although they need not 23 include all permitted terms: 24 25

(1) Provisions for visitation between the child and a birth parent or parents; 26 27

(2) Provisions for visitation between the child and other identified birth relatives, 28 including siblings or half-siblings of the child; 29 30

(3) Provisions for contact between the child and a birth parent or parents; 31 32

(4) Provisions for contact between the child and other identified birth relatives, 33 including siblings or half-siblings of the child; 34 35

(5) Provisions for contact between the adoptive parent or parents and a birth 36 parent or parents; 37 38

(6) Provisions for contact between the adoptive parent or parents and other 39 identified birth relatives, including siblings or half-siblings of the child; 40 41

(7) Provisions for the sharing of information about the child with a birth parent 42 or parents; 43

11 1

(8) Provisions for the sharing of information about th e child with other identified 2 birth relatives, including siblings or half-siblings of the child; and 3 4

(9) The terms of any contact after adoption agreement entered into under a 5 petition filed under Family Code

section 8714 must be limited to the sharing 6 of information about the child unless the child has an existing relationship 7 with the birth relative. 8 9 (Subd (

c) amended effective January 1, 2024; adopted as subd (d); previously amended 10 effective July 1, 2001, January 1, 2003, July 1, 2003, January 1, 2007, and January 1, 11 2013.) 12 13 (e)(

d) Child Child a party Costs and fees 14 15 The fee for filing Request to: Enforce, Change, End Contact After Adoption 16 Agreement (form ADOPT-315) must not exceed the fee assessed for the filing of an 17 adoption petition. 18 19 The child who is the subject of the adoption petition is a party to the agreement 20 whether or not specified as such. 21 22

(1) Written consent by a child 12 years of age or older to the terms of the 23 agreement is required for enforcement of the agreement, unless the court 24 finds by a preponderance of the evidence that the agreement is in the best 25 interest of the child and waives the requirement of the child’s written consent. 26 27

(2) If the child has been found by a juvenile court to be described by

section 300 28 of the Welfare and Institutions Code, an attorney must be appointed to 29 represent the child for purposes of participation in and consent to any contact 30 after adoption agreement, regardless of the age of the child. If the child has 31 been represented by an attorney in the dependency proceedings, that attorney 32 must be appointed for the additional responsibilities of this rule. The attorney 33 is required to represent the child only until the adoption is decreed and 34 dependency terminated. 35 36 (Subd (

d) relettered and amended effective January 1, 2024; adopted as subd (e) 37 previously amended effective July 1, 2001, January 1, 2003, July 1, 2003, and January 1, 38 2013.) 39 40 (

f) Form and provi sions of the agreement 41 42

12 The agreement must be prepared and submitted on Contact After Adoption 1 Agreement (form ADOPT-310) with appropriate attachments. 2 3 (

g) Report to the court 4 5 The department or agency participating as a party or joining in the petition for 6 adoption must submit a report to the court. The report must include a criminal 7 record check and descriptions of all social service referrals. If a contact after 8 adoption agreement has been submitted, the report must include a

summary of the 9 agreement and a recommendation as to whether it is in the best interest of the child. 10 11 (

h) Enforcement of the agreement 12 13 The court that grants the petition for adoption and approves the contact after 14 adoption agreement must retain jurisdiction over the agreement. 15 16

(1) Any petition for enforcement of an agreement must be filed on Request to: 17 Enforce, Change, End Contact After Adoption Agreement (form ADOPT- 18 315). The form must not be accepted for filing unless completed in full, with 19 documentary evidence attached of participation in, or attempts to participate 20 in, mediation or other dispute resolution. 21 22

(2) The court may make its determination on the petition without testimony or an 23 evidentiary hearing and may rely solely on documentary evidence or offers of 24 proof. The court may order compliance with the agreement only if: 25 26 (

A) There is sufficient evidence of good- faith attempts to resolve the issues 27 through mediation or other dispute resolution; and 28 29 (

B) The court finds enforcement is in the best interest of the child. 30 31

(3) The court must not order investigation or evaluation of the issues raised in the 32 petition unless the court finds by clear and convincing evidence that: 33 34 (

A) The best interest of the child may be protected or advanced only by 35 such inquiry; and 36 37 (

B) The inquiry will not disturb the stability of the child’s home to the 38 child’s detriment. 39 40

(4) Monetary damages must not be ordered. 41 42

13 (

i) Modification or termination of agreement 1 2 The agreement may be modified or terminated by the court. Any petition for 3 modification or termination of an agreement must be filed on Request to: Enforce, 4 Change, End Contact After Adoption Agreement (form ADOPT-315). The form 5 must not be accepted for filing unless completed in full, with documentary 6 evidence attached of participation in, or attempts to participate in, mediation or 7 other appropriate dispute resolution. 8 9

(1) The agreement may be terminated or modified only if: 10 11 (

A) All parties, including the child of 12 years or older, have signed the 12 petition or have indicated on the Answer to Request to: Enforce, 13 Change, End Contact After Adoption Agreement (form ADOPT-320) 14 their consent or have executed a modified agreement filed with the 15 petition; or 16 17 (

B) The court finds all of the following: 18 19 (

i) The termination or modification is necessary to serve the best 20 interest of the child; 21 22 (ii) There has been a substantial change of circumstances since the 23 original agreement was approved; and 24 25 (iii) The petitioner has participated in, or has attempted to participate 26 in, mediation or appropriate dispute resolution. 27 28

(2) The court may make its determination without testimony or evidentiary 29 hearing and may rely solely on documentary evidence or offers of proof. 30 31

(3) The court may order modification or termination without a hearing if all 32 parties, including the child of 12 years or older, have signed the petition or 33 have indicated on the Answer to Request to: Enforce, Change, End Contact 34 After Adoption Agreement (form ADOPT-320) their consent or have executed 35 a modified agreement filed with the petition. 36 37 (

j) Costs and fees 38 39 The fee for filing a Request to: Enforce, Change, End Contact After Adoption 40 Agreement (form ADOPT-315) must not exceed the fee assessed for the filing of an 41 adoption petition. Costs and fees for mediation or other appropriate dispute 42 resolution must be assumed by each party, with the exception of the child. All costs 43

14 and fees of litigation, including any court-ordered investigation or evaluation, must 1 be charged to the petitioner unless the court finds that a party other than the child 2 has failed, without good cause, to comply with the approved agreement; all costs 3 and fees must then be charged to that party. 4 5 (

k) Adoption final 6 7 Once a decree of adoption has been entered, the court may not set aside the decree, 8 rescind any relinquishment, modify or set aside any order terminating parental 9 rights, or modify or set aside any other orders related to the granting of the 10 adoption petition, due to the failure of any party to comply with the terms of a 11 postadoption contact agreement or any subsequent modifications to it. 12 13 Rule 5.451 amended effective January 1, 2024; adopted as rule 1180 effective July 1, 1998; 14 previously amended and renumbered as rule 5.400 effective January 1, 2003; previously 15 amended effective July 1, 2001, July 1, 2003;January 1, 2007, and January 1, 2018; previously 16 renumbered effective January 1, 2013. 17 18 19 Rule 5.482.

Proceedings after notice 20 21 (a)–(c) * * * 22 23 (

d) Intervention 24 25

(1) The Indian child’s tribe and Indian custodian are entitled to intervene, orally 26 or in writing, at any point in the proceedings. The tribe may, but is not 27 required to, file with the court the Notice of Designation of Tribal 28 Representative in a Court Proceeding Involving an Indian Child (form 29 ICWA-040) to give notice of its intent to intervene. 30 31

(2) A tribe that is not entitled to intervene may request permission to participate 32 in the proceedings in accordance with rule 5.530(g). 33 34 (Subd (

d) amended effective January 1, 2024; adopted as subd (e); previously amended 35 effective January 1, 2013, and January 1, 2016; previously relettered as subd (

d) effective 36 August 15, 2016.) 37 38 (e)–(g) * * * 39 40 Rule 5.482 amended effective January 1, 2024; adopted effective January 1, 2008; previously 41 amended effective January 1, 2013, July 1, 2013, August 15, 2016, January 1, 2020, January 1, 42 2021, January 1, 2022, and August 4, 2023. 43

15 1 2 Title 5. Family and Juvenile Rules 3 4 Division 2. Rules Applicable in Family and Juvenile Proceedings 5 6

Chapter 4. Protective Orders 7

Chapter 4 adopted effective January 1, 2024. 8 9 Rule 5.496. Service requirement for proposed restrained persons who appear 10 remotely 11 12 Rule 5.496. Service requirement for proposed restrained persons who appear 13 remotely 14 15 (

a) Application of rule 16 17 This rule applies to orders issued under

part 4 of division 10 (Domestic Violence 18 Prevention Act) of the Family Code and Welfare and Institutions Code

section 19 213.5. 20 21 (

b) No additional proof of service required 22 23 If the proposed restrained person named in an order issued after hearing appears at 24 that hearing through the use of remote technology, and through that appearance has 25 received actual notice of the existence and substance of the restraining order after 26 hearing, no additional proof of service is required for enforcement of the order. 27 28 Rule 5.496 adopted effective January 1, 2024. 29 30 31 Rule 5.530. Persons present 32 33 (a)–(f) * * * 34 35 (

g) Discretionary tribal participation (§§ 224, 306.6, 346, 676, 827, 16001.9) 36 37

(1) The tribe of a child may request to participate in a case, using Request for 38 Tribal Participation (form ICWA-042). The court should exercise its discretion 39 as follows: 40 41 (

A) In a proceeding involving an Indian child, the child’s tribe may request 42 permission to participate in the proceedings under

section 346 or 676. 43

16 Consistent with sections 224 and 16001.9, there is a presumption that 1 the tribe has a direct and legitimate interest in the proceedings under 2

section 346 or 676 and the request should be approved absent a finding 3 by the court that the tribe’s participation would not assist the court in 4 making decisions that are in the best interest of the child. 5 6 (

B) In a proceeding involving a child described by

section 306.6, the tribe 7 from which the child is descended may request permission to 8 participate in the proceedings. Consistent with sections 224 and 9 16001.9, the request should be approved absent a finding by the court 10 that the tribe’s participation would not assist the court in making 11 decisions that are in the best interest of the child. 12 13 (

C) When a child does not meet the definition of an Indian child but either 14 of the child’s parents is a member of a tribe and the tribe wishes to 15 participate in juvenile proceedings involving the child, the parent’s 16 tribe may request permission to participate in the proceedings under 17

section 346 or 676. Consistent with sections 224 and 16001.9, there is a 18 presumption that the tribe has a direct and legitimate interest in the 19 proceedings under

section 346 or 676 and the request should be 20 approved absent a finding by the court that the tribe’s participation 21 would not assist the court in making decisions that are in the best 22 interest of the child. 23 24

(2) Upon approval of a request, the court must instruct the tribe as to the 25 confidentiality of the proceedings and, although the tribe does not become a 26 party unless the court orders otherwise, the tribe is authorized to: 27 28 (

A) Be present at the hearing; 29 30 (

B) Addre ss the court; 31 32 (

C) Request and receive notices of hearings; 33 34 (

D) Request to examine court documents relating to the proceeding 35 consistent with

section 827; 36 37 (

E) Present information to the court that is relevant to the proceeding; 38 39 (

F) Submit written reports and recommendations to the court; and 40 41 (

G) Perform other duties and responsibilities as requested or 42 approved by the court. 43

17 1 (Subd (

g) adopted effective January 1, 2024.) 2 3 Rule 5.530 amended effective January 1, 2024; adopted as rule 1410 effective January 1, 1990; 4 previously amended and renumbered effective January 1, 2007; previously amended effective 5 January 1, 1995, January 1, 1997, January 1, 2001, January 1, 2005, January 1, 2012, and July 6 1, 2013. 7 8

Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact 9 on the Placement of Children 10 11 Rule 5.619. Voluntary placement in psychiatric residential treatment facility (Welf. 12 & Inst. Code, §§ 361.23, 727.13) 13 14 (

a) Applicability 15 16 This rule applies to the court’s review under

section 361.23 or 727.13 when a 17 voluntary admission into a psychiatric residential treatment facility is sought for a 18 child, nonminor, or nonminor dependent, as defined in rule 5.502. 19 20 (

b) Notice and setting of hearing on application 21 22

(1) The social worker or probation officer must use Ex Parte Application for 23 Voluntary Admission to Psychiatric Residential Treatment Facility (form JV- 24 172) to request an order authorizing the voluntary admission into a 25 psychiatric residential treatment facility. 26 27

(2) After receiving an ex parte application for an order, the court must set a 28 hearing under

section 361.23 or 727.13 for the next judicial day. The court 29 must immediately notify the social worker or probation officer and the child, 30 nonminor, or nonminor dependent’s counsel of the date, time, and location of 31 the hearing. 32 33

(3) The social worker or probation officer must orally notify the parties identified 34 in

section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3) of the 35 date, time, and location of the hearing. 36 37

(4) The social worker or probation officer must complete and file Proof of Notice 38 of Hearing on Application for Voluntary Admission to Psychiatric Residential 39 Treatment Facility (form JV-173). 40 41 (

c) Conduct of hearing on application 42 43

(1) The court must consider all evidence required by

section 361.23(c)(1), 1 361.23(e)(4), 727.13(b)(1), or 727.13(e)(4), and all evidence relevant to the 2 court’s determinations required under

section 361.23(d), 361.23(e)(5), 3 727.13(d), or 727.13(e)(5). 4 5

(2) The court must use Order on Application for Voluntary Admission to 6 Psychiatric Residential Treatment Facility (form JV-174) to document its 7 findings and orders. 8 9

(3) If the court authorizes the admission of the child, nonminor, or nonminor 10 dependent, the court must set a hearing to review the placement in the facility 11 no later than 60 days following the admission. 12 13 (

d) Notice of hearing on review of placement 14 15 At least 10 days before the hearing, the child welfare agency or probation 16 department must provide notice of the date, time, and location of the hearing to 17 review the placement to all parties identified in

section 361.23(b)(3), 361.23(e)(3), 18 727.13(b)(3), or 727.13(e)(3). 19 20 (

e) Conduct of hearing on review of placement 21 22

(1) The court must consider all evidence required by

section 361.23(f)(1)(C), 23 361.23(f)(2)(C), 727.13(f)(1)(C), or 727.13(f)(2)(

C) and all evidence relevant 24 to the court’s determinations required under

section 361.23(d), 361.23(e)(5), 25 727.13(d), or 727.13(e)(5). 26 27

(2) The court must use Review of Voluntary Admission of Child to Psychiatric 28 Residential Treatment Facility (form JV-175) or Review of Voluntary 29 Admission of Nonminor or Nonminor Dependent to Psychiatric Residential 30 Treatment Facility (form JV-176) to document its findings and orders. 31 32

(3) If the court authorizes the continued admission of the child, nonminor, or 33 nonminor dependent, the court must set a review hearing on the child’s 34 placement in the facility no later than 30 days from the date of the review 35 hearing. 36 37

(4) If the court does not authorize the continued admission of the child, 38 nonminor, or nonminor dependent, the court must set a hearing in no later 39 than 30 days to verify that the child, nonminor, or nonminor dependent has 40 been discharged. 41 42

19 (

f) Placement by consent of conservator 1 2

(1) At any review hearing under

section 364, 366.21, 366.22, 366.3, or 366.31, if 3 a child or nonminor dependent has been admitted to a psychiatric residential 4 treatment facility by the consent of a conservator, the court must review the 5 child’s case plan. The court must make findings and orders as required by 6

section 361.23(h). 7 8

(2) The court must use Admission to Psychiatric Residential Treatment Facility 9 by Consent of Conservator—Additional Findings and Orders (form JV-177) 10 to document its findings and orders, and attach the form to the findings and 11 orders document used for the review hearing. 12 13 Rule 5.619 adopted effective January 1, 2024. 14 15 16 Rule 5.637. Family finding (§§ 309(e), 628(d)) 17 18 (

a) Definition 19 20 (1) “Family finding” means conducting an investigation to identify kin and 21 connect the child with those kin in an effort to provide family support and 22 possible placement.

For an Indian child, family finding also includes 23 contacting the child’s Indian tribe to identify kin. 24 25 (2) “Kin” means any relative as defined in rule 5.502(34), and any nonrelative 26 extended family member of the child or the child’s relatives. 27 28 (3) “Nonrelative extended family member” means an adult who has an 29 established familial or mentoring relationship with a child or a familial 30 relationship with a relative of the child.

These adults may include but are not 31 limited to the following people: godparents, teachers, clergy, neighbors, 32 parents of a sibling, and family friends. 33 34 (Subd (

a) amended effective January 1, 2024.) 35 36 (

b) Juvenile dependency proceedings 37 38

(1) Within No later than 30 days of a child’s removal after a child is removed 39 from the home of his or her their parent or guardian and detained in a juvenile 40 dependency proceeding, if the child is in or at risk of entering foster care, the 41 social worker or probation officer must use due diligence in conducting 42 family finding, including an investigation to identify, locate, and notify 43

20 provide notification and information as required in paragraph (2) to the 1 child’s parents or alleged parents, all the child’s adult relatives kin, parents 2 with legal custody of the child’s siblings, any adult siblings, and in the case 3 of an Indian child, any extended family members of the child’s tribe. 4 5

(2) After locating persons specified in paragraph (1), the social worker must 6 provide to them, within 30 days of removal, the following: 7 8 (

A) Written notification that the child has been removed from the parent, 9 guardian, or Indian custodian’s custody; 10 11 (

B) An explanation in writing of the available options to participate in the 12 child’s care and placement, including the information set forth in 13

section 309(e)(1)(B); and 14 15 (

C) A copy of Relative Information (form JV-285) for providing 16 information to the social worker and the court regarding the child’s 17 needs and to request permission to address the court, if desired. 18 19 O ral notification in person or by telephone of the information must also be 20 provided to the child’s kin, when appropriate. 21 22 (

c) Juvenile delinquency proceedings 23 24

(1) No later than 30 days after a child is detained in a juvenile delinquency 25 proceeding, if the probation officer has reason to believe that the child may 26 be at risk of entering a foster care placement or within 30 days of the court 27 order placing the child into foster care, the probation officer must use due 28 diligence to conduct family finding, including an investigation to identify, 29 locate, and provide notification and information as required in paragraph (2) 30 to the child’s parents or alleged parents, all of the child’s adult kin, parents 31 with legal custody of the child’s siblings, any adult siblings, and in the case 32 of an Indian child, any extended family members of the child’s tribe. 33 34

(2) After locating the child’s kin and other persons specified in paragraph (1), the 35 probation officer must provide within 30 days of the date on which the child 36 is detained, to all kin who are located, the following: 37 38 (

A) Written notification that the child has been removed from the parent, 39 guardian, or Indian custodian’s custody; and 40 41

21 (

B) An explanation in writing of the available options to participate in the 1 child’s care and placement, including the information set forth in 2

section 628(d)(2)(B). 3 4 Oral notification in person or by telephone of the information must also be 5 provided to the child’s kin, when appropriate. 6 7 (

d) Due diligence (§§ 309, 628, Fam. Code, § 7950) 8 9

(1) During the time the child is removed from the child’s parent, guardian, or 10 Indian custodian, the social worker and probation officer have an ongoing 11 responsibility to exercise due diligence to engage in family finding until the 12 time the child is placed for adoption. 13 14

(2) The court must find whether the social worker or probation officer has 15 exercised due diligence in family finding by: 16 17 (

A) Asking the child, in an age-appropriate manner and consistent with the 18 child’s best interests, about the identity and location of kin; 19 20 (

B) Using a computer- based search engine and internet-based search tools 21 to locate kin identified as support for the child and their family; and 22 23 (

C) If it is known or there is reason to know the child is an Indian child as 24 defined by

section 224.1, contacting the Indian child’s tribe to identify 25 kin. 26 27

(3) When making the finding of due diligence, the court may also consider other 28 efforts, including whether the social worker or probation officer has done any 29 of the following: 30 31 (

A) Obtained information regarding the location of the child’s kin; 32 33 (

B) Reviewed the child’s case file for any information regarding kin; 34 35 (

C) Telephoned, emailed, or visited all identified kin; 36 37 (

D) Asked located kin for the names and locations of other kin; or 38 39 (

E) Developed tools—including a genogram, family tree, family map, or 40 other diagram of family relationships—to help the child, parent, 41 guardian, or Indian custodian to identify kin. 42 43

(4) In cases involving a dual- status child, the duty to exercise due diligence in 1 family finding must be assigned in accordance with the written protocols 2 required by

section 241.1(b)(4). 3 4 (Subd (

d) adopted effective January 1, 2024.) 5 6 (

e) When notification of kin is inappropriate 7 8 The social worker or probation officer is not required to notify kin whose personal 9 history of family or domestic violence would make notification inappropriate. A 10 social worker or probation officer who determines that notification of kin is 11 inappropriate under this subdivision must notify the court that kin has not been 12 notified and explain the reasoning underlying that lack of notification. 13 14 (Subd (

e) adopted effective January 1, 2024.) 15 16 Rule 5.637 amended effective January 1, 2024; adopted effective January 1, 2011. 17 18 Advisory Committee Comment 19 20 This rule initially restated the original requirements of

section 103 of the federal Fostering 21 Connections to Success and Increasing Adoptions Act (Pub.L. No. 110-351, § 103 (Oct. 7, 2008) 22 122 Stat. 3949, 3956, codified at 42 U.S.C. § 671(a)(29)) as implemented by California Assembly 23 Bill 938 (Com. on Judiciary; Stats. 2009, ch. 261, codified at Welf. & Inst. Code, §§ 309(

e) and 24 628(d)). These statutes enacted elements of the child welfare practice known as family finding 25 and engagement, which has been recommended to improve outcomes for children by the Judicial 26 Council’s California Blue Ribbon Commission on Children in Foster Care and the California 27 Child Welfare Council. (See Cal. Blue Ribbon Com. on Children in Foster Care, Fostering a New 28 Future for California’s Children, pp. 30–31 (Admin.

Off. of Cts., May 2009) (final report and 29 action plan), www.courts.ca.gov/documents/brc-finalreport.pdf; Permanency Committee 30 Recommendations to the Child Welfare Council, pp. 1–4 (Sept. 10, 2009), www.chhs.ca.gov.) 31 32 The rule was amended to reflect Senate Bill 384 (Cortese; Stats. 2022, ch. 811), which revised 33 Welfare and Institutions Code sections 309 and 628 regarding the obligation of the social worker 34 and probation officer to engage in family finding in dependency and delinquency cases. 35 36 Rule 5.695. Findings and orders of the court— disposition 37 38 (a)–(d) * * * 39 40 (

e) Family-finding determination (§ 309) 41 42

(1) If the child is removed, the court must consider and determine whether the 1 social worker has exercised due diligence in conducting the required 2 investigation to identify, locate, and notify the child’s relatives kin. The court 3 may must consider the mandatory activities listed in (

f) as examples of due 4 diligence rule 5.637(d)(2) and may consider the additional activities listed in 5 rule 5.637(d)(3) in determining whether the agency has exercised due 6 diligence in family finding. The court must document its determination by 7 making a finding on the record. 8 9 If the dispositional hearing is continued, the court may set a hearing to be 10 held 30 days from the date of removal or as soon as possible thereafter to 11 consider and determine whether the social worker has exercised due diligence 12 in conducting the required investigation to identify, locate, and notify the 13 child’s relatives kin. 14 15

(2) If the court finds that the social worker has not exercised due diligence, the 16 court may order the social worker to exercise due diligence in conducting an 17 investigation to identify, locate, and notify the child’s relatives kin—except 18 for any individual the social worker identifies as inappropriate to notify under 19 rule 5.637(b)(e)—and may require a written or oral report to the court. 20 21 (Subd (

e) amended effective January 1, 2024; adopted as subd (

f) effective January 1, 22 2011; previously amended effective January 1, 2014, and January 1, 2015; previously 23 amended and relettered effective January 1, 2017) 24 25 26 (

f) Due diligence (§ 309) 27 28 When making the determination required in (e), the court may consider, among 29 other examples of due diligence, whether the social worker has done any of the 30 following: 31 32

(1) Asked making the determination required in (e), the court may consider, 33 among other examples of due diligence, whether the social worker has done 34 any of the following: 35 36

(2) Obtained information regarding the location of the child's relatives; 37 38

(3) Reviewed the child's case file for any information regarding relatives; 39 40

(4) Telephoned, e- mailed, or visited all identified relatives; 41 42

(5) Asked located relatives for the names and locations of other relatives; 43

24 1

(6) Used Internet search tools to locate relatives identified as supports; or 2 3

(7) Developed tools, including a genogram, family tree, family map, or other 4 diagram of family relationships, to help the child or parents to identify 5 relatives. 6 7 (g) (

f) Provision of reunification services (§ 361.5) 8 9 (1)–(10) * * * 10 11 (Subd (

f) relettered and amended effective January 1, 2024; adopted as subd (e); 12 previously relettered as subd (

f) effective July 1, 1995, and as subd (

h) January 1, 2011; 13 previously relettered and amended as subd (

g) effective January 1, 2017; previously 14 amended effective January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, 15 January 1, 1996, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 16 2001, July 1, 2002, January 1, 2007, January 1, 2010, January 1, 2014, January 1, 2015, 17 and January 1 18 19 (h) (

g) Information regarding termination of parent-child relationship (§§ 361, 20 361.5) 21 22 * * * 23 24 (Subd (

g) relettered effective January 1, 2024; adopted as subd (f); previously relettered as 25 subd (

g) effective July 1, 1995,as subd (

i) effective January 1, 2011, and as subd (h) 26 effective January 1, 2017; previously amended effective January 1, 2001, July 1, 2002, 27 January 1, 2015.) 28 29 (i) (

h) Setting a hearing under

section 366.26 30 31 * * * 32 33 (Subd (

h) relettered effective January 1, 2024; adopted as subd (

j) effective July 1, 1997; 34 previously amended effective July 1, 2002; previously relettered as subd (

l) effective 35 January 1, 2011, and as subd (

i) effective January 1, 2017.) 36 37 Rule 5.695 amended effective January 1, 2024; adopted as rule 1456 effective January 1, 1991; 38 previously amended and renumbered effective January 1, 2007; previously amended effective 39 January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, January 1, 1996, 40 January 1, 1997, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2001, July 41 1, 2002, January 1, 2004, January 1, 2006, January 1, 2008, January 1, 2010, January 1, 2011, 42 January 1, 2014, January 1, 2015, January 1, 2017, January 1, 2019 and January 1, 2021. 43

25 1 2 3 Rule 5.790. Orders of the court 4 5 (a)–(e) * * * 6 7 (

f) Family-finding determination (§ 628(d)) 8 9

(1) If the child is detained or and at risk of entering foster care placement or 10 within 30 days of the court order placing the child into foster care, the court 11 must consider and determine whether the probation officer has exercised due 12 diligence in conducting the required investigation to identify, locate, and 13 notify provide notification and information as required in paragraph (2) of 14 rule 5.637(

c) to the child’s relatives kin. Due diligence in family finding 15 requires that the probation officer engaged in the mandatory activities listed 16 in rule 5.637(d)(2). The court may also consider the additional activities 17 listed in (

g) rule 5.637(d)(3) as examples of due diligence. The court must 18 document its determination by making a finding on the record. 19 20 I f the dispositional hearing is continued, the court may set a hearing to be 21 held 30 days from the date of detention or as soon as possible thereafter to 22 consider and determine whether the probation officer has exercised due 23 diligence in conducting the required investigation to identify, locate, and 24 notify the child’s relatives kin. 25 26

(2) If the court finds that the probation officer has not exercised due diligence, 27 the court may order the probation officer to exercise due diligence in 28 conducting an investigation to identify, locate, and notify the child’s relatives 29 kin—except for any individual the probation officer identifies who is 30 inappropriate to notify under rule 5.637(b)(e)—and may require a written or 31 oral report to the court. 32 33 (

g) Due diligence 34 35 When making the determination required in (f), the court may consider, among 36 other examples of due diligence, whether the probation officer has done any of the 37 following: 38 39

(1) Asked the child, in an age-appropriate manner and consistent with the child's 40 best interest, about his or her relatives; 41 42

(2) Obtained information regarding the location of the child's relatives; 43

26 1

(3) Reviewed the child's case file for any information regarding relatives; 2 3

(4) Telephoned, e- mailed, or visited all identified relatives; 4 5

(5) Asked located relatives for the names and locations of other relatives; 6 7

(6) Used Internet search tools to locate relatives identified as supports; or 8 9

(7) Developed tools, including a genogram, family tree, family map, or other 10 diagram of family relationships, to help the child or parents to identify 11 relatives. 12 13 (h) (

g) Wardship orders (§§ 726, 727, 727.1, 730, 731) 14 15 * * * 16 17 (Subd (

g) relettered effective January 1, 2024; adopted as subd (d); previously amended 18 and relettered as subd (

e) effective July 1, 2002, and as subd (

f) effective January 1, 2007; 19 and as subd (

h) effective January 1, 2014; previously amended effective January 1, 2004, 20 and January 1, 2008.) 21 22 23 (i) (

h) Fifteen-day reviews (§ 737) 24 25 * * * 26 27 Subd (

h) relettered effective January 1, 2024; adopted as subd (e); previously amended 28 effective January 1, 2006; previously amended and relettered as subd (

f) effective July 1, 29 2002, and as subd (

g) effective January 1, 2007; previously relettered as subd (

j) effective 30 January 1, 2014, and as subd (

i) effective July 1, 2023.) 31 32 Rule 5.810. Reviews, hearings, and permanency planning 33 34 (a) * * * 35 36 (

b) Permanency planning hearings (§§ 727.2, 727.3, 11404.1) 37 38 A permanency planning hearing for any ward who has been removed from the 39 custody of a parent or guardian and not returned at a previous review hearing must 40 be held within 12 months of the date the ward entered foster care as defined in 41

section 727.4(d)(4). However, when no reunification services are offered to the 42

27 parents or guardians under

section 727.2(b), the first permanency planning hearing 1 must occur within 30 days of disposition. 2 3

(1) Consideration of reports (§ 727.3) 4 5 T he court must review and consider the social study report and updated case 6 plan submitted by the probation officer and the report submitted by any 7 CASA volunteer, and any other reports filed with the court under

section 8 727.3(a)(2). 9 10

(2) Findings and orders (§§ 727.2(e), 727.3(a)) 11 12 A t each permanency planning hearing, the court must consider the safety of 13 the ward and make findings and orders regarding the following: 14 15 (

A) The continuing n ecessity for and appropriateness of the placement; 16 17 (

B) The extent of the probation department’s compliance with the case plan 18 in making reasonable efforts to safely return the child to the child’s 19 home and to complete whatever steps are necessary to finalize the 20 permanent placement of the child; 21 22 (

C) The extent of progress that has been made by the child and parent or 23 guardian toward alleviating or mitigating the causes necessitating 24 placement in foster care; 25 26 (

D) The permanent plan for the child, as described in (3); 27 28 (

E) Whether the child was actively involved, as age- and developmentally 29 appropriate, in the development of his or her own case plan and plan 30 for permanent placement. If the court finds that the child was not 31 appropriately involved, the court must order the probation officer to 32 actively involve the child in the development of his or her own case 33 plan and plan for permanent placement, unless the court finds that the 34 child is unable, unavailable, or unwilling to participate; and 35 36 (

F) Whether each parent was actively involved in the development of the 37 case plan and plan for permanent placement. If the court finds that any 38 parent was not actively involved, the court must order the probation 39 department to actively involve that parent in the development of the 40 case plan and plan for permanent placement, unless the court finds that 41 the parent is unable, unavailable, or unwilling to participate; and 42 43

28 (

G) If sibling interaction has been suspended and will continue to be 1 suspended, that sibling interaction is contrary to the safety or well- 2 being of either child.; and 3 4 (

H) Whether the probation officer has exercised due diligence under rule 5 5.637 in conducting the required investigation to identify, locate, and 6 provide notification and information as required in paragraph (2) of 7 rule 5.637(

c) to the child’s kin. The court must consider the mandatory 8 activities listed in rule 5.637(d)(2) and may consider the additional 9 activities listed in rule 5.637(d)(3) in determining whether the 10 department has exercised due diligence in family finding. The court 11 must document its determination by making a finding on the record. 12 13 (3)–(4) * * * 14 15 (Subd (

b) amended effective January 1, 2024; adopted effective January 1, 2001; 16 previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, January 17 1, 2016, and January 1, 2018.) 18 19 (

c) Postpermanency status review hearings (§ 727.2) 20 21 A postpermanency status review hearing must be conducted for wards in placement 22 no less frequently than once every six months. 23 (1) * * * 24 25

(2) Findings and orders (§ 727.2(g)) 26 27 At each postpermanency status review hearing, the court must consider the 28 safety of the ward and make findings and orders regarding the following: 29 30 (

A) Whether the current permanent plan continues to be appropriate. If not, 31 the court must select a different permanent plan, including returning the 32 child home, if appropriate. If the plan is another planned permanent 33 living arrangement, the court must meet the requirements set forth 34 stated in Welfare and Institutions Code

section 727.3(a)(5); 35 36 (

B) The continuing neces sity for and appropriateness of the placement; 37 38 (

C) The extent of the probation department’s compliance with the case plan 39 in making reasonable efforts to complete whatever steps are necessary 40 to finalize the permanent plan for the child; 41 42

29 (

D) Whether the child was actively involved, as age appropriate and 1 developmentally appropriate, in the development of his or her own case 2 plan and plan for permanent placement. If the court finds that the child 3 was not appropriately involved, the court must order the probation 4 department to actively involve the child in the development of his or 5 her own case plan and plan for permanent placement, unless the court 6 finds that the child is unable, unavailable, or unwilling to participate; 7 and 8 9 (

E) If sibling interaction has been suspended and will continue to be 10 suspended, sibling interaction is contrary to the safety or well-being of 11 either child.; and 12 13 (

F) Whether the probation officer has exercised due diligence under rule 14 5.637 in conducting the required investigation to identify, locate, and 15 provide notification and information as required in paragraph (2) of 16 rule 5.637(

c) to the child’s kin. The court must consider the mandatory 17 activities listed in rule 5.637(d)(2) and may consider the additional 18 activities listed in rule 5.637(d)(3) in determining whether the 19 department has exercised due diligence in family finding. The court 20 must document its determination by making a finding on the record. 21 22 (3) * * * 23 24 (Subd (

c) amended effective January 1, 2024; adopted effective January 1, 2001; 25 previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, January 26 1, 2016, January 1, 2018, and January 1, 2018.) 27 28 29 (d)–(f) * * * 30 31 Rule 5.810 amended effective January 1, 2024; adopted as rule 1496 effective January 1, 1991; 32 previously amended and renumbered as rule 5.810 effective January 1, 2007; previously 33 amended effective January 1, 1998, January 1, 2001, January 1, 2003, January 1, 2004, January 34 1, 2006, January 1, 2014, January 1, 2016, January 1, 2018, September 1, 2020, and January 1, 35 2021. 36 37 38 Rule 7.1103.

Qualifications and annual education required for counsel appointed to 39 represent a conservatee, proposed conservatee, or person alleged to lack legal 40 capacity (Prob. Code, §§ 1456, 1470(a), 1471) 41 42

30 Except as provided in rule 7.1104(b), an attorney appointed to represent the interests of a 1 conservatee, proposed conservatee, or person alleged to lack legal capacity must have 2 met the qualifications in (

a) or (

b) and, in every calendar year after first availability for 3 appointment, must meet the annual education requirements in (c). 4 5 (a)–(b) * * * 6 7 (

c) Annual education 8 9

(1) Each calendar year after first availability for appointment, an attorney 10 appointed by the court to represent a conservatee, proposed conservatee, or 11 person alleged to lack legal capacity must complete at least three hours of 12 professional education approved by the State Bar for MCLE credit in the 13 subjects listed in (d). 14 15

(2) The annual education in (1) must include at least one hour of instruction on 16 less restrictive alternatives to conservatorship, as specified in (d)(4). 17 18 (Subd (

c) amended effective January 1, 2024.) 19 20 (

d) Subject matter and delivery of education 21 22 Education in the following subjects—delivered in person or by any State Bar– 23 approved method of distance learning—may be used to satisfy this rule’s education 24 requirements: 25 26 (1)–(2) * * * 27 28

(3) Special considerations for representing an older adult or a person with a 29 disability, including: 30 31 (A) * * * 32 33 (

B) Vulnerability of older adults and persons with disabilities to undue 34 influence, physical and financial abuse, and neglect; and 35 36 (

C) Effects of aging, major neurocognitive disorders (including dementia), 37 and intellectual and developmental disabilities on a person's ability to 38 perform the activities of daily living; and. 39 40 (

D) Less-restrictive alternatives to conservatorship, including supported 41 decisionmaking. 42 43

(4) The less restrictive alternatives to conservatorship, including supported 1 decisionmaking, stated in Probate Code

section 1800.3. 2 3 (Subd (

d) amended effective January 1, 2024.) 4 5 Rule 7.1103 amended effective January 1, 2024; adopted effective January 1, 2020. 6 7 8 Rule 8.13. Amendments to rules 9 10 Only the Judicial Council may amend these rules, except the rules in division 5 7, which 11 may be amended only by the Supreme Court.

An amendment by the Judicial Council 12 must be published in the advance pamphlets of the Official Reports and takes effect on 13 the date ordered by the Judicial Council. 14 15 Rule 8.13 amended effective January 1, 2024; repealed and adopted as rule 54 effective January 16 1, 2005; previously renumbered and amended effective January 1, 2007. 17 18 19 Title 8. Appellate Rules 20 21 Division 1. Rules Relating to the Supreme Court and Courts of Appeal 22 23

Chapter 2. Civil Appeals 24 25

Article 2. Record on Appeal 26 Rule 8.124. Appendixes 27 28 (

a) Notice of election 29 30

(1) Unless the superior court orders otherwise on a motion served and filed 31 within 10 days after the notice of election is served, this rule governs if: 32 33 (

A) The appellant elects to use an appendix under this rule in the notice 34 designating the record on appeal under rule 8.121; or 35 36 (

B) The respondent serves and files a notice in the superior court electing to 37 use an appendix under this rule within 10 days after the appellant’s 38 notice of appeal designating the record on appeal is filed and no waiver 39 of the fee for a clerk’s transcript is granted to the appellant. If the 40 appellant has a fee waiver, the respondent cannot elect an appendix 41 instead of a clerk’s transcript. 42 43

(2) When a party files a notice electing to use an appendix under this rule, the 1 superior court clerk must promptly send a copy of the register of actions, if 2 any, to the attorney of record for each party and to any unrepresented party. 3 4

(3) T he parties may prepare separate appendixes or they may stipulate to a joint 5 appendix. 6 7 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 8 2005, January 1, 2007, January 1, 2008, January 1, 2010, and January 1, 2016.) 9 10 (b)–(d) * * * 11 12 (

e) Service and filing 13 14

(1) A party preparing an appendix must: 15 16 (

A) Serve the appendix on each party, unless otherwise agreed by the 17 parties or ordered by the reviewing court; and 18 19 (

B) File the appendix in the reviewing court. 20 21

(2) A joint appendix or an appellant’s appendix must be served and filed before 22 or together with the appellant’s opening brief. 23 24

(3) A respondent’s appendix, if any, must be served and filed with the 25 respondent’s brief. 26 27

(4) An appellant’s reply appendix, if any, must be served and filed with the 28 appellant’s reply brief. 29 30 (Subd (

e) amended effective January 1, 2024; adopted as subd (d); relettered effective 31 January 1, 2005; previously amended effective January 1, 2007.) 32 33 (f)–(g) * * * 34 35 Rule 8.124 amended effective January 1, 2024; repealed and adopted as rule 5.1 effective 36 January 1, 2002; previously amended and renumbered as rule 8.124 effective January 1, 2007; 37 previously amended effective January 1, 2005, January 1, 2008, January 1, 2010, January 1, 38 2016, January 1, 2017, and January 1, 2018. 39 40 41 Advisory Committee Comment 42 43

33 Subdivision (a). * * * 1 2 Subdivision (b). * * * 3 4 Subdivision (d). * * * 5 6 Subdivision (e). Subdivision (e)(2) requires a joint appendix to be filed with the appellant’s 7 opening brief or before the filing of the appellant’s opening brief. The provision is intended to 8 improve the briefing process by enabling the appellant’s opening brief to include citations to the 9 record and, by allowing earlier filing of the appendix, to assist courts in considering petitions for 10 supersedeas.

To provide for the case in which a respondent concludes in light of the appellant’s 11 opening brief that the joint appendix should have included additional documents, subdivision 12 (b)(5) permits such a respondent to present in an appendix filed with its respondent’s brief (see 13 subd. (e)(3)) any document that could have been included in the joint appendix. 14 15 Under subdivision (e)(2)–(4) an appendix is required to be filed, at the latest, “with” the 16 associated brief.

This provision is intended to clarify that an extension of a briefing period ipso 17 facto extends the filing period of an appendix associated with the brief. 18 19 Subdivision (g). * * * 20 21 22 23 Rule 8.130. Reporter’s transcript 24 25 (a) * * * 26 27 (

b) Deposit or substitute for cost of transcript 28 29 (1)–(2) * * * 30 31

(3) Instead of a deposit under (1), the party may substitute: 32 33 (

A) The reporter’s written waiver of a deposit. A reporter may waive the 34 deposit for a part of the designated proceedings, but such a waiver 35 replaces the deposit for only that part. 36 37 (

B) A copy of a Transcript Reimbursement Fund application filed under 38 (c)(1). 39 40 (

C) A certified transcript of all of the proceedings designated by the party. 41 The transcript submitted by the party must not be accepted as a 42

34 substitute for a deposit under (1) unless it complies must comply with 1 the format requirements of rule 8.144. 2 3 (Subd (

b) amended effective January 1, 2024; previously amended effective January 1, 4 2007, January 1, 2010, January 1, 2014, and January 1, 2016.) 5 6 (c)–(h) * * * 7 8 Rule 8.130 amended effective January 1, 2024; repealed and adopted as rule 4 effective January 9 1, 2002; previously amended and renumbered as rule 8.130 effective January 1, 2007; previously 10 amended effective January 1, 2005, January 1, 2008, July 1, 2008, January 1, 2010, January 1, 11 2014, January 1, 2016, January 1, 2017, and 2018. 12 13 14 Advisory Committee Comment 15 16 Subdivision (a). * * * 17 18 Subdivision (b). Where a certified transcript has been previously prepared, subdivision (

b) makes 19 clear that the certified transcript may be filed in lieu of a deposit for the transcript only where the 20 certified transcript contains all of the proceedings identified in the notice of designation and the 21 transcript complies with the format requirements of rule 8.144 (e.g., cover information, 22 renumbered pages, required indexes). Parties using this alternative to a deposit are responsible for 23 ensuring that such transcripts are in the proper format. Parties may arrange with a court reporter 24 to do the necessary formatting of the transcript or may do the formatting themselves.

Otherwise, 25 where a certified transcript has been previously prepared for only some of the designated 26 proceedings, subdivision (b)(1) authorizes a reduced fee to be deposited for those proceedings. 27 This reduced deposit amount was established in recognition of the holding in Hendrix v. Superior 28 Court of San Bernardino County (2011) 191 Cal.App.4th 889 that the statutory rate for an 29 original transcript only applies to the first transcription of the reporter’s notes. The amount of the 30 deposit is based on the rate established by Government Code

section 69950(

b) for a first copy of 31 a reporter’s transcript purchased by any court, party, or other person who does not simultaneously 32 purchase the original. 33 34 * * * 35 36 37 Rule 8.144. Form of the record 38 39 (a) * * * 40 41 (

b) Format 42 43

35 (1)–(5) * * * 1 2

(6) Volumes 3 4 (

A) Except as provided in (B), Cc lerks’ and reporters’ transcripts must be 5 produced in volumes of no more than 300 pages. 6 7 (

B) If a clerk’s or reporter’s transcript is being delivered in electronic form 8 to all courts, parties, and persons entitled to the transcript, it may be 9 produced in a single volume but must comply with the requirements of 10 rule 8.74(a)(5). 11 12 (7) * * * 13 14 (Subd (

b) amended effective January 1, 2024; adopted as subd (a); previously amended 15 effective January 1, 2007, January 1, 2014, January 1, 2016, and January 1, 2017; 16 previously amended and relettered effective January 1, 2018.) 17 18 (c) * * * 19 20 (

d) Additional requirements for reporter’s transcript delivered in electronic form 21 22

(1) General 23 24 In addition to complying with (b), a reporter’s transcript delivered in 25 electronic format form must: 26 27 (A)–(B) * * * 28 29 (

C) Ensure that the electronic page counter in the PDF file viewer matches 30 the transcript page numbering except as provided in (f)(2) or (3). 31 32 (D)–(G) * * * 33 34

(2) Multivolume or multireporter transcripts 35 36 In addition to the requirements in (1), for multivolume or multireporter 37 transcripts delivered in electronic format form, each individual reporter must 38 provide a digitally and electronically signed certificate with his or her 39 respective portion of the transcript. If the court reporter lacks the technical 40 ability to provide a digital signature, then only an electronic signature is 41 required. 42 43

36 (3) * * * 1 2 (Subd (

d) amended effective January 1, 2024; adopted effective January 1, 2018.) 3 4 5 (e) * * * 6 7 (

f) Pagination in multiple reporter cases 8 9

(1) In a multiple reporter case, each reporter must promptly estimate the number 10 of pages in each segment reported and inform the designated primary reporter 11 of the estimate. The primary reporter must then assign beginning and ending 12 page numbers for each segment. 13 14

(2) If a segment exceeds the assigned number of pages, the reporter must number 15 the additional pages with the ending page number, a hyphen, and a new 16 number, starting with 1 and continuing consecutively. 17 18

(3) If a segment has fewer than the assigned number of pages, on the last page of 19 the segment, before the certificate page, the reporter must state in parentheses 20 “(next volume and page number is ____),” and on the certificate page, the 21 reporter must add a hyphen to the last page number used, followed by the 22 segment’s assigned ending page number. 23 24 (Subd (

f) amended effective January 1, 2024; adopted as subd (e); previously amended and 25 relettered effective January 1, 2018.) 26 27 (g) * * * 28 29 Rule 8.144 amended effective January 1, 2024; repealed and adopted as rule 9 effective January 30 1, 2002; previously amended and renumbered as rule 8.144 effective January 1, 2007; previously 31 amended effective January 1, 2008, January 1, 2014, January 1, 2016, January 1, 2017, and 32 January 1, 2018. 33 34 Rule 8.204. Contents and format of briefs 35 36 (

a) Contents 37 38

(1) Each brief must: 39 40 (A)–(B) * * * 41 42

37 (

C) Support any reference to a matter in the record by a citation to the 1 volume and page number of the record where the matter appears. If any 2 part of the record is submitted in an electronic format form, citations to 3 that part must identify, with the same specificity required for the 4 printed record, the place in the record where the matter appears. 5 6 (2) * * * 7 8 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 9 2006.) 10 11 (b)–(e) * * * 12 13 Rule 8.204 amended effective January 1, 2024; repealed and adopted as rule 14 effective January 14 1, 2002; previously amended and renumbered as rule 8.204 effective January 1, 2007; previously 15 amended effective January 1, 2004, July 1, 2004, January 1, 2006, January 1, 2011, January 1, 16 2013, January 1, 2014, January 1, 2016, January 1, 2017, and January 1, 2020. 17 18 19 Rule 8.452. Writ petition to review order setting hearing under Welfare and 20 Institutions Code

section 366.26 21 22 (a)–(d) * * * 23 24 (

e) Augmenting or correcting the record in the reviewing court 25 26 (1)–(2) * * * 27 28

(3) A party must attach to its motion a copy, if available, of any document or 29 transcript that it wants added to the record. Except as provided in rule 30 8.144(

f) for reporters’ transcripts in multiple reporter cases, the pages of the 31 attachment must be consecutively numbered, beginning with the number one. 32 If the reviewing court grants the motion, it may augment the record with the 33 copy. 34 35

(4) If the party cannot attach a copy of the matter to be added, the party must 36 identify it as required under rules 8.122(a)(1) and 8.130(a)(1). 37 38 (5)–(6) * * * 39 40 (Subd (

e) adopted as subd (

e) effective January 1, 2024; previously relettered as subd (f) 41 effective January 1, 2006; previously amended effective January 1, 2007; previously 42 amended and relettered effective July 1, 2010.) 43

38 1 (f)–(i) * * * 2 3 Rule 8.452 amended effective January 1, 2024; adopted as rule 38.1 effective January 1, 2005; 4 previously amended and renumbered effective January 1, 2007; previously amended effective 5 January 1, 2006, July 1, 2010, January 1, 2017, and January 1, 2018. 6 7 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 to 8 review order designating or denying specific placement of a dependent child 9 after termination of parental rights 10 11 (a)–(d) * * * 12 13 (

e) Augmenting or correcting the record in the reviewing court 14 15 (1)–(2) * * * 16 17

(3) A party must attach to its motion a copy, if available, of any document or 18 transcript that it wants added to the record. Except as provided in rule 19 8.144(

f) for reporters’ transcripts in multiple reporter cases, the pages of the 20 attachment must be consecutively numbered, beginning with the number one. 21 If the reviewing court grants the motion, it may augment the record with the 22 copy. 23 24

(4) If the party cannot attach a copy of the matter to be added, the party must 25 identify it as required under rules 8.122(a)(1) and 8.130(a)(1). 26 27 (5)–(6) * * * 28 29 (Subd (

e) amended effective January 1, 2024; adopted as subd (

e) effective January 1, 30 2005; previously relettered as subd (

f) effective January 1, 2006; previously amended 31 effective January 1, 2007; previously amended and relettered effective July 1, 2010.) 32 33 (f)–(i) * * * 34 35 Rule 8.456 amended effective January 1, 2024; adopted as rule 38.3 effective January 1, 2005; 36 previously amended and renumbered effective January 1, 2007; previously amended effective 37 January 1, 2006, February 24, 2006, July 1, 2010, January 1, 2017, and January 1, 2018. 38 39 Rule 8.504. Form and contents of petition, answer, and reply 40 41 (a) * * * 42 43

39 (

b) Contents of a petition 1 2 (1)–(5) * * * 3 4

(6) If the petition seeks review of a Court of Appeal order summarily denying a 5 writ petition, a copy of the underlying trial court order that was the subject of 6 the writ proceeding in the Court of Appeal showing the date it was entered 7 must be bound at the back of the original petition and each copy filed in the 8 Supreme Court or, if the petition is not filed in paper form, attached. 9 10 (6)

(7) The The title of the case and designation of the parties on the cover of the petition 11 must be identical to the title and designation in the Court of Appeal opinion 12 or order that is the subject of the petition. 13 14 (7)

(8) Rule Rule 8.508 governs the form and content of a petition for review filed by the 15 defendant in a criminal case for the sole purpose of exhausting state remedies 16 before seeking federal habeas corpus review. 17 18 (Subd (

b) amended effective January 1, 2024; previously amended effective January 1, 19 2004, January 1, 2007, January 1, 2009, and January 1, 2016.) 20 21 (c)–(d) * * * 22 23 (

e) Attachments and incorporation by reference 24 25

(1) No attachments are permitted except: 26 27 (

A) An opinion or order required to be attached under (b)(4) or (5)(4)–(6); 28 29 (B)–(D) * * * 30 31

(2) The attachments under (1)(B)–(C)(

B) and (

C) must not exceed a combined 32 total of 10 pages. 33 34 (3) * * * 35 36 (Subd (

e) amended effective January 1, 2024; adopted as subd (f); previously relettered 37 effective January 1, 2004; previously amended effective January 1, 2007, and effectively 38 January 1, 2009.) 39 40 Rule 8.504 amended effective January 1, 2024; adopted as rule 28.1 effective January 1, 2003; 41 previously amended and renumbered as rule 8.504 effective January 1, 2007; previously 42 amended effective January 1, 2004, January 1, 2009, January 1, 2011, and January 1, 2016. 43

40 1 2 Rule 8.622. Certifying the trial record for accuracy 3 4 (

a) Request for corrections or additions 5 6

(1) Within 90 days after the clerk delivers the record to defendant’s appellate 7 counsel: 8 9 (

A) Any party may serve and file a request for corrections or additions to 10 the record. Immaterial typographical errors that cannot conceivably 11 cause confusion are not required to be brought to the court’s attention. 12 Items that a party may request to be added to the clerk’s transcript 13 include a copy of any exhibit admitted in evidence, refused, or lodged 14 that is a document in paper or electronic format form. The requesting 15 party must state the reason that the exhibit needs to be included in the 16 clerk’s transcript. Parties may file a joint request for corrections or 17 additions. 18 19 (B) * * * 20 21 (2)–(4) * * * 22 23 (Subd (

a) amended effective January 1, 2024; previously amended effective April 25, 24 2019.) 25 26 (b)–(e) * * * 27 28 Rule 8.622 amended effective January 1, 2024; adopted as rule 35.2 effective January 1, 2004; 29 previously amended and renumbered as rule 8.622 effective January 1, 2007; previously 30 amended effective January 1, 2018, and April 25, 2019. 31 32 33 Rule 8.834. Reporter’s transcript 34 35 (a) * * * 36 37 (

b) Deposit or substitute for cost of transcript 38 39 (1) * * * 40 41

(2) Within 10 days after the clerk notifies the appellant of the estimated cost of 1 preparing the reporter’s transcript—or within 10 days after the reporter 2 notifies the appellant directly—the appellant must do one of the following: 3 4 (

A) Deposit with the clerk an amount equal to the estimated cost and a fee 5 of $50 for the superior court to hold this deposit in trust; 6 7 (B)–(C) * * * 8 9 (

D) File a certified transcript of all of the designated proceedings. The 10 transcript submitted by the party must not be accepted as a substitute 11 for a deposit under (

A) unless it complies must comply with the format 12 requirements of rule 8.144 8.838; or 13 14 (E) * * * 15 16 (3) * * * 17 18 (Subd (

b) amended effective January 1, 2024; previously amended effective January 1, 19 2014 and January 1, 2016.) 20 21 (c)–(f) * * * 22 23 Rule 8.834 amended effective January 1, 2024; adopted effective January 1, 2009; previously 24 amended effective March 1, 2014, January 1, 2016, January 1, 2017, and January 1, 2018 25 26 Advisory Committee Comment 27 28 Subdivision (b). Sometimes a party in a trial court proceeding will purchase a reporter’s 29 transcript of all or part of the proceedings before any appeal is filed.

In recognition of the fact that 30 such transcripts may already have been purchased, this rule allows an appellant, in lieu of 31 depositing funds for a reporter’s transcript, to deposit with the trial court a certified transcript of 32 the proceedings necessary for the appeal. Subdivision (b)(2)(

D) makes clear that the certified 33 transcript may be filed in lieu of a deposit for a reporter’s transcript only where the certified 34 transcript contains all of the proceedings designated, and the transcript complies with the format 35 requirements of rule 8.838 (e.g., cover information, renumbered pages, required indexes). Parties 36 using this alternative to a deposit are responsible for ensuring that such transcripts are in the 37 proper format. Parties may arrange with a court reporter to do the necessary formatting of the 38 transcript or may do the formatting themselves. 39 40 41 Rule 8.838. Form of the record 42 43

42 (

a) Paper and format 1 2 Except as otherwise provided in this rule, clerk’s clerks’ and reporter’s reporters’ 3 transcripts must comply with the requirements of rule 8.144(a), (b)(1)–(4) and (6), 4 (c), and (d). 5 6 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 7 2018.) 8 9 (b) * * * 10 11 (

c) Binding and cover 12 13

(1) If filed in paper form, clerks’ and reporter’s reporters’ transcripts must be 14 bound on the left margin in volumes of no more than 300 sheets, except that 15 transcripts may be bound at the top if required by a local rule of the appellate 16 division. 17 18 (2)–(3) * * * 19 20 (Subd (

c) amended effective January 1, 2024; previously amended effective January 1, 21 2014, and January 1, 2016.) 22 23 Rule 8.838 amended effective January 1, 2024; adopted effective January 1, 2009; previously 24 amended effective January 1, 2014, January 1, 2016, and January 1, 2018. 25 26 27 Division 4. Rules Relating to the Superior Court Appellate Division 28 29

Chapter 2. Appeals and Records in Limited Civil Cases 30 31

Article 2. Record in Civil Appeals 32 33 Rule 8.845. Appendixes 34 35 (

a) Notice of election 36 37

(1) Unless the superior court orders otherwise on a motion served and filed 38 within 10 days after the notice of election is served, this rule governs if: 39 40 (

A) The appellant elects to use an appendix under this rule in the notice 41 designating the record on appeal under rule 8.831; or 42 43

43 (

B) The respondent serves and files a notice in the superior court electing to 1 use an appendix under this rule within 10 days after the appellant’s 2 notice of appeal designating the record on appeal is filed, and no waiver 3 of the fee for a clerk’s transcript is granted to the appellant. If the 4 appellant has a fee waiver, the respondent cannot elect an appendix 5 instead of a clerk’s transcript. 6 7

(2) When a party files a notice electing to use an appendix under this rule, the 8 superior court clerk must promptly send a copy of the register of actions, if 9 any, to the attorney of record for each party and to any unrepresented party. 10 11

(3) The parties may prepare separate appendixes or they may stipulate to a joint 12 appendix. 13 14 (Subd (

a) amended effective January 1, 2024.) 15 16 (b)–(d) * * * 17 18 (

e) Service and filing 19 20

(1) A party preparing an appendix must: 21 22 (

A) Serve the appendix on each party, unless otherwise agreed by the 23 parties or ordered by the reviewing court; and 24 25 (

B) File the appendix in the reviewing court. 26 27

(2) A joint appendix or an appellant’s appendix must be served and filed before 28 or together with the appellant’s opening brief. 29 30

(3) A respondent’s appendix, if any, must be served and filed with the 31 respondent’s brief. 32 33

(4) An appellant’s reply appendix, if any, must be served and filed with the 34 appellant’s reply brief. 35 36 (Subd (

e) amended effective January 1, 2024.) 37 38 (f)–(g) * * * 39 40 Rule 8.845 amended effective January 1, 2024; previously adopted effective January 1, 2021. 41 42 43

44 Advisory Committee Comment 1 2 Subdivision (a). * * * 3 4 Subdivision (b). * * * 5 6 Subdivision (d). * * * 7 8 Subdivision (e). Subdivision (e)(2) requires a joint appendix to be filed with the appellant’s 9 opening brief or before the filing of the appellant’s opening brief. The provision is intended to 10 improve the briefing process by enabling the appellant’s opening brief to include citations to the 11 record and, by allowing earlier filing of the appendix, to assist courts in considering petitions for 12 supersedeas.

To provide for the case in which a respondent concludes in light of the appellant’s 13 opening brief that the joint appendix should have included additional documents, subdivision 14 (b)(5) permits such a respondent to present in an appendix filed with its respondent’s brief (see 15 subd. (e)(3)) any document that could have been included in the joint appendix. 16 17 Under subdivision (e)(2)–(4) an appendix is required to be filed, at the latest, “with” the 18 associated brief.

This provision is intended to clarify that an extension of a briefing period ipso 19 facto extends the filing period of an appendix associated with the brief. 20 21 Subdivision (g). * * * 22 23 24 25 Rule 8.866. Preparation of reporter’s transcript 26 27 (

a) When preparation begins 28 29 (1) * * * 30 31

(2) If the notice sent to the reporter by the clerk under rule 8.864(a)(1) indicates 32 that the appellant is the defendant and that the defendant was not represented 33 by appointed counsel at trial: 34 35 (A) * * * 36 37 (

B) The clerk must promptly notify the appellant and his or her counsel of 38 the estimated cost of preparing the reporter’s transcript. The 39 notification must show the date it was sent. 40 41 (

C) Within 10 days after the date the clerk sent the notice under (B), the 42 appellant must do one of the following: 43

45 1 (

i) Deposit with the clerk an amount equal to the estimated cost of 2 preparing the transcript; 3 4 (ii)–(iii) * * * 5 6 (iv) File a certified transcript of all of the proceedings required to be 7 included in the reporter’s transcript under rule 8.865. The 8 transcript submitted by the appellant must not be accepted as a 9 substitute for a deposit under (

i) unless it complies must comply 10 with the format requirements of rule 8.144 8.838; 11 12 (v)–(vii) * * * 13 14 (

D) If the trial court determines that the appellant is not indigent, within 10 15 days after the date the clerk sends notice of this determination to the 16 appellant, the appellant must do one of the following: 17 18 (

i) Deposit with the clerk an amount equal to the estimated cost of 19 preparing the transcript; 20 21 (ii) * * * 22 23 (iii) File a certified transcript of all of the proceedings required to be 24 included in the reporter’s transcript under rule 8.865. The 25 transcript submitted by the appellant must not be accepted as a 26 substitute for a deposit under (

i) unless it complies must comply 27 with the format requirements of rule 8.144 8.838; 28 29 (iv)–(vi) * * * 30 31 (E) * * * 32 33 (Subd (

a) amended effective January 1, 2024; previously amended effective March 1, 2014, 34 and January 1, 2016.) 35 36 (

b) Format of transcript 37 38 The reporter’s transcript must comply with rule 8.144 8.838. 39 40 (Subd (

b) amended effective January 1, 2024.) 41 42

46 (c)–(f) * * * 1 2 Rule 8.866 amended effective January 1, 2024; adopted effective January 1, 2009; previously 3 amended effective March 1, 2014, January 1, 2016, January 1, 2017, January 1, 2018, and 4 March 5, 2018. 5 6 7 Advisory Committee Comment 8 9 Subdivision (a). If the appellant was not represented by the public defender or other appointed 10 counsel in the trial court, the appellant must use Defendant's Financial Statement on Eligibility 11 for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form 12 CR-105) to show indigency.

This form is available at any courthouse or county law library or 13 online at www.courts.ca.gov/forms. 14 15 Subdivisions (a)(2)(C)(iv) and (a)(2)(D)(iii). Sometimes a party in a trial court proceeding will 16 purchase a reporter’s transcripts transcript of all or part of the proceedings before any appeal is 17 filed. In recognition of the fact that such transcripts may already have been purchased, this rule 18 allows an appellant, in lieu of depositing funds for a reporter’s transcript, to deposit with the trial 19 court a certified transcript of the proceedings necessary for the appeal.

Subdivisions (a)(2)(C)(iv) 20 and (a)(2)(D)(iii) make clear that the certified transcript may be filed in lieu of a deposit for a 21 reporter’s transcript only where the certified transcript contains all of the proceedings required 22 under rule 8.865 and the transcript complies with the format requirements of rule 8.144 8.838 23 (e.g., cover information, renumbered pages, required indexes). Parties using this alternative to a 24 deposit are responsible for ensuring that such transcripts are in the proper format.

Parties may 25 arrange with a court reporter to do the necessary formatting of the transcript or may do the 26 formatting themselves. 27 28 29 Rule 8.919. Preparation of reporter’s transcript 30 31 (

a) When preparation begins 32 33 (1) * * * 34 35

(2) If the notice sent to the reporter by the clerk under rule 8.915(a)(3) indicates 36 that the appellant is the defendant: 37 38 (A) * * * 39 40 (

B) The clerk must promptly notify the appellant and his or her counsel of 41 the estimated cost of preparing the reporter’s transcript. The 42 notification must show the date it was sent. 43

47 1 (

C) Within 10 days after the date the clerk sent the notice under (B), the 2 appellant must do one of the following: 3 4 (

i) Deposit with the clerk an amount equal to the estimated cost of 5 preparing the transcript; 6 7 (ii)–(iii) * * * 8 9 (iv) File a certified transcript of all of the proceedings required to be 10 included in the reporter’s transcript under rule 8.918. The 11 transcript submitted by the appellant must not be accepted as a 12 substitute for a deposit under (

i) unless it complies must comply 13 with the format requirements of rule 8.144 8.838; 14 15 (v)–(vii) * * * 16 17 (

D) If the trial court determines that the appellant is not indigent, within 10 18 days after the date the clerk sends notice of this determination to the 19 appellant, the appellant must do one of the following: 20 21 (

i) Deposit with the clerk an amount equal to the estimated cost of 22 preparing the transcript; 23 24 (ii) * * * 25 26 (iii) File a certified transcript of all of the proceedings required to be 27 included in the reporter’s transcript under rule 8.918. The 28 transcript submitted by the appellant must not be accepted as a 29 substitute for a deposit under (

i) unless it complies must comply 30 with the format requirements of rule 8.144 8.838; 31 32 (iv)–(vi) * * * 33 34 (E) * * * 35 36 (Subd (

a) amended effective January 1, 2024; previously amended effective March 1, 2014, 37 and January 1, 2016.) 38 39 (

b) Format of transcript 40 41 The reporter’s transcript must comply with rule 8.144 8.838. 42 43

48 (Subd (

b) amended effective January 1, 2024.) 1 2 (c)–(f) * * * 3 4 Rule 8.919 amended effective January 1, 2024; adopted effective January 1, 2009; previously 5 amended effective March 1, 2014, January 1, 2016, January 1, 2017, and January 1, 2018. 6 7 8 Advisory Committee Comment 9 10 Subdivision (a). The appellant must use Defendant’s Financial Statement on Eligibility for 11 Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR- 12 105) to show indigency.

This form is available at any courthouse or county law library or online 13 at www.courts.ca.gov/forms. 14 15 Subdivisions (a)(2)(C)(iv) and (a)(2)(D)(iii). Sometimes a party in a trial court proceeding will 16 purchase a reporter’s transcripts transcript of all or part of the proceedings before any appeal is 17 filed. In recognition of the fact that such transcripts may already have been purchased, this rule 18 allows an appellant, in lieu of depositing funds for a reporter’s transcript, to deposit with the trial 19 court a certified transcript of the proceedings necessary for the appeal.

Subdivisions (a)(2)(C)(iv) 20 and (a)(2)(D)(iii) make clear that the certified transcript may be filed in lieu of a deposit for a 21 reporter’s transcript only where the certified transcript contains all of the proceedings required 22 under rule 8.865 and the transcript complies with the format requirements of rule 8.144 8.838 23 (e.g., cover information, renumbered pages, required indexes). Parties using this alternative to a 24 deposit are responsible for ensuring that such transcripts are in the proper format.

Parties may 25 arrange with a court reporter to do the necessary formatting of the transcript or may do the 26 formatting themselves. 27 28 Rule 10.468. Content-based and hours-based education for superior court judges 29 and subordinate judicial officers regularly assigned to hear probate 30 proceedings 31 32 (

a) Definitions 33 34 As used in this rule, the following terms have the meanings stated below: 35 36 (1) “Probate proceedings” are decedents’ estates, guardianships and 37 conservatorships under division 4 of the Probate Code, trust proceedings 38 under division 9 of the Probate Code, and other matters governed by 39 provisions of that code and by the rules in division 1 of title 7 of the 40 California Rules of Court. 41 42 (2) * * * 43

49 1 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 2 2016, and January 1, 2023.) 3 4 (

b) Content-based requirements 5 6

(1) Judicial officers beginning a regular assignment to hear probate proceedings 7 after the effective date of this rule-, —unless they are returning to this 8 assignment after less than two years in another assignment-, —must complete 9 six hours of education on probate guardianships and conservatorships, 10 including court-supervised fiduciary accounting and the less restrictive 11 alternatives to conservatorship stated in Probate Code

section 1800.3, within 12 one year of starting the assignment. 13 14 (2)–(4) * * * 15 16 (Subd (

b) amended effective January 1, 2024; previously amended effective January 1, 17 2023.) 18 19 (

c) Hours-based continuing education 20 21

(1) In a court with five or more authorized judges, judicial officers regularly 22 assigned to hear probate proceedings must complete 12 hours of continuing 23 education every three-year education cycle on probate guardianships and 24 conservatorships, including court-supervised fiduciary accounting and the 25 less restrictive alternatives to conservatorship stated in Probate Code

section 26 1800.3. 27 28

(2) In a court with four or fewer authorized judges, judicial officers regularly 29 assigned to hear probate proceedings must complete nine hours of continuing 30 education every three-year education cycle on probate guardianships and 31 conservatorships, including court-supervised fiduciary accounting and the 32 less restrictive alternatives to conservatorship stated in Probate Code

section 33 1800.3. 34 35 (3)–(7) * * * 36 37 (Subd (

c) amended effective January 1, 2024; previously amended effective January 1, 38 2012, January 1, 2016, and January 1, 2023.) 39 40 (d)–(e) * * * 41 42

50 Rule 10.468 amended effective January 1, 2024; adopted effective January 1, 2008; previously 1 amended effective January 1, 2012, January 1, 2016, and January 1, 2023. 2 3 Rule 10.478. Content-based and hours-based education for court investigators, 4 probate attorneys, and probate examiners 5 6 (

a) Definitions 7 8 As used in this rule, the following terms have the meanings specified below, unless 9 the context or subject matter otherwise require: 10 11 (1)–(2) * * * 12 13

(3) A “probate examiner” is a person employed by a court to review filings in 14 probate proceedings in order to assist the court and the parties to get the filed 15 matters properly ready for consideration by the court in accordance with the 16 requirements of the Probate Code, the rules in division 1 of title 7 of the 17 California Rules of Court, and the court’s local rules; and 18 19 (4) “Probate proceedings” are decedents’ estates, guardianships and 20 conservatorships under division 4 of the Probate Code, trust proceedings 21 under division 9 of the Probate Code, and other matters governed by 22 provisions of that code and by the rules in division 1 of title 7 of the 23 California Rules of Court;. 24 25 (Subd (

a) amended effective January 1, 2024; previously amended effective January 1, 26 2016, and January 1, 2023.) 27 28 (

b) Content-based requirements for court investigators 29 30

(1) Court investigators must complete 12 hours of education within one year of 31 their start date after January 1, 2008. The education must include the 32 following general topics: 33 34 (A)–(D) * * * 35 36 (

E) Accessing and evaluating community resources for children and 37 mentally impaired elderly or developmentally disabled adults; and 38 39 (

F) Interviewing children and persons with mental function or 40 communication deficits.; and 41 42

51 (

G) The less restrictive alternatives to conservatorship stated in Probate 1 Code

section 1800.3. 2 3 (2)–(4) * * * 4 5 (Subd (

b) amended effective January 1, 2024; previously amended effective January 1, 6 2012, January 1, 2016, and January 1, 2023.) 7 8 (

c) Content-based education for probate attorneys 9 10

(1) Probate attorneys must complete 12 hours of education within six months of 11 their start date after January 1, 2008, in probate-related topics, including 12 guardianships, conservatorships, and court-supervised fiduciary accounting, 13 and the less restrictive alternatives to conservatorship stated in Probate Code 14

section 1800.3. 15 16 (2)–(4) * * * 17 18 (Subd (

c) amended effective January 1, 2024; previously amended effective January 1, 19 2012, January 1, 2016, and January 1, 2023.) 20 21 (

d) Content-based education for probate examiners 22 23

(1) Probate examiners must complete 20 hours of education within one year of 24 their start date after January 1, 2008, in probate-related topics, of which 12 25 hours must be in guardianships and conservatorships, including court- 26 appointed fiduciary accounting and the less restrictive alternatives to 27 conservatorship stated in Probate Code

section 1800.3. 28 29 (2)–(4) * * * 30 31 (Subd (

d) amended effective January 1, 2024; previously amended effective January 1, 32 2012, January 1, 2016, and January 1, 2023.) 33 34 (e) * * * 35 36 (

f) Hours-based education for probate attorneys 37 38

(1) Probate attorneys must complete 12 hours of continuing education each two- 39 year education cycle in probate-related subjects, of which six hours per year 40 must be in guardianships and conservatorships, including court-supervised 41 fiduciary accounting and the less restrictive alternatives to conservatorship 42

52 stated in Probate Code

section 1800.3. The education cycle is determined in 1 the same manner as in rule 10.474(c)(3). 2 3 (2)–(4) * * * 4 5 (Subd (

f) amended effective January 1, 2024; previously amended effective January 1, 6 2012, January 1, 2016, and January 1, 2023.) 7 8 (

g) Hours-based education for probate examiners 9 10

(1) Probate examiners must complete 12 hours of continuing education each two- 11 year education cycle in probate-related subjects, of which six hours per year 12 must be in guardianships and conservatorships, including court-appointed 13 fiduciary accounting and the less restrictive alternatives to conservatorship 14 stated in Probate Code

section 1800.3. The education cycle is determined in 15 the same manner as in rule 10.474(c)(3). 16 17 (2)–(4) * * * 18 19 (Subd (

g) amended effective January 1, 2024; previously amended effective January 1, 20 2012, January 1, 2016, and January 1, 2023.) 21 22 (h)–(i) * * * 23 24 Rule 10.478 amended effective January 1, 2024; adopted effective January 1, 2008; previously 25 amended effective January 1, 2012, January 1, 2016, and January 1, 2023. 26 27 Rule 10.493. Instructor-led training Delivery methods defined 28 29 (

a) Definition 30 31 (1) “Asynchronous education” refers to training that learners participate in at their own 32 pace outside the presence of an instructor or other learners. Asynchronous 33 education includes viewing or listening to videos or audio files or participating in 34 self-paced online courses. 35 36 (2) “E-learning” refers to any kind of instruction that is delivered through an electronic 37 device using electronic media.

E-learning can be either synchronous or 38 asynchronous and either live or prerecorded, such as participating in live webinars, 39 viewing or listening to videos or audio files, or participating in online courses. 40 41 (3) “Instructor-led training” refers to synchronous education, guided by faculty, that 42 allows for real-time communication between faculty and participants and is offered 43

53 by an approved provider under rule 10.481. Live, synchronous education facilitated 1 by an instructor may be delivered remotely via e-learning or in person. Examples of 2 instructor-led training include in-person trainings in a classroom setting, and live 3 webinars, and live videoconferences. 4 5 (4) “Self-directed study” refers to education in which learners engage in a process 6 where they take primary responsibility for planning, executing, and evaluating a 7 course of study with or without guidance from a manager, supervisor, or peer.

In 8 self-directed learning, the individual learner assumes responsibility for the design 9 and completion of a course of study. Prior approval to engage in self-directed study 10 may be required to qualify for continuing education credit. 11 12 (

b) Application 13 14 Notwithstanding any other rule, instructor-led training may be used to satisfy all 15 continuing education requirements specified in the California Rules of Court that 16 require traditional (live, face-to-face) education.

This provision applies whether the 17 requirement relates to a specific course or to a certain percentage or number of 18 hours of education. 19 20 Rule 10.493 amended effective January 1, 2024; adopted January 1, 2021. 21 22 Advisory Committee Comment 23 24 This rule is intended to eliminate within the California Rules of Court any restriction that 25 requires that a specific course or a certain number or percentage of hours of education be 26 taken in a traditional (live, face-to-face) learning environment.

This rule applies whether 27 the education is described as "traditional (live, face-to-face)," "live (face-to-face)," "in 28 person," or any combination of these terms 29 30 31

Chapter XX 32 33 Rule 10.970 Reports of findings and orders affecting voting rights (Elec. Code, § 34 2211.5) 35 36 Rule 10.970 Reports of findings and orders affecting voting rights (Elec. Code, 37 § 2211.5) 38 39 (

a) Application 40 41

54 This rule applies to the reports required by Elections Code

section 2211.5 regarding 1 findings and orders disqualifying a person from voting or restoring a person’s right 2 to register to vote under Elections Code sections 2208–2211. 3 4 (

b) Forms 5 6

(1) The clerk must use Confidential Report of Findings and Orders Affecting 7 Voting Rights (form MC-600) to submit each report under this rule. 8 9

(2) To report the information required by Elections Code

section 2211.5 (a)(1) 10 and (

b) for the period covered by each report, the clerk must attach to form 11 MC-600 either: 12 13 (

A) A completed Attachment to Confidential Report of Findings and 14 Orders Affecting Voting Rights (form MC-600A) that includes the 15 required information about each applicable determination made by the 16 court in the period covered by the report; or 17 18 (

B) A computer-generated report that presents the required information for 19 the period covered by the report using the same clearly identified 20 spaces as form MC-600A. 21 22 Rule 10.970 adopted effective January 1, 2024. 23 24 25 Title 2. Standards for Proceedings in the Trial Courts 26 27 Standard 2.2. Trial court case disposition time goals 28 29 (a)–(l) * * * 30 31 (

m) Exceptional criminal cases 32 33 An exceptional criminal case is not exempt from the time goal in (j), but case 34 progress should be separately reported under the Judicial Branch Statistical 35 Information System (JBSIS) regulations. 36 37 (n)(m) * * * 38 39 (Subd (

m) relettered and amended effective January 1, 2024; adopted as subd (

n) effective 40 January 1, 2004; previously amended effective January 1, 2007) 41 42

55 (o)(n) * * * 1 2 (Subd (

n) relettered and amended effective January 1, 2024; adopted as subd (

o) effective 3 January 1, 2004.) 4 5 Standard 2.2 amended effective January 1, 2024; adopted as

sec. 2.1 effective July 1, 1987; 6 previously amended effective January 1, 1988, July 1, 1988, January 1, 1989, January 1, 1990, 7 July 1, 1991, and January 1, 2004; previously amended and renumbered effective January 1, 8 2007. 9 10 11 12