Rules effective January 1, 2012: 1

Cal. R. Ct. 8.70

California Rules of Court

Rules effective January 1, 2012: 1 Rule 8.70. Purpose, application, construction, and

definitions ................................... 2 2 Rule 8.79. Actions by court on receipt of electronic filing ......................................... 2 3 Rule 8.401. Confidentiality ........................................................................................ 3 4 Rule 10.452. Minimum education requirements, expectations, and 5 recommendations ..................................................................................................... 4 6 Rule 10.461.

Minimum education requirements for Supreme Court and 7 Court of Appeal justices........................................................................................... 5 8 Rule 10.462. Minimum education requirements and expectations for trial court 9 judges and subordinate judicial officers .................................................................. 6 10 Rule 10.468. Content-based and hours-based education for superior court judges 11 and subordinate judicial officers regularly assigned to hear probate proceedings .. 8 12 Rule 10.469.

Judicial education recommendations for justices, judges, and 13 subordinate judicial officers ..................................................................................... 9 14 Rule 10.471. Minimum education requirements for Supreme Court and 15 Court of Appeal clerk/administrators..................................................................... 10 16 Rule 10.472. Minimum education requirements for Supreme Court and 17 Court of Appeal managing attorneys, supervisors, and other personnel ............... 10 18 Rule 10.473.

Minimum education requirements for trial court executive officers .. 12 19 Rule 10.474. Trial court managers, supervisors, and other personnel ..................... 12 20 Rule 10.478. Content-based and hours-based education for 21 court investigators, probate attorneys, and probate examiners .............................. 13 22 Rule 10.481. Approved providers; approved course criteria ................................... 15 23 Rule 10.491.

Minimum education requirements for Administrative Office 24 of the Courts executives, managers, supervisors, and other employees ................ 18 25 26 Rules effective July 1, 2012: 27 Rule 5.405. Judgment checklists .............................................................................. 20 28 Rule 5.407. Review of judgments based on default and uncontested judgments 29 submitted by declaration under Family Code

section 2336 ................................... 20 30 Rule 5.409. Default and uncontested hearings on judgments submitted 31 on the basis of declarations under Family Code

section 2336 ............................... 20 32 33

California Rules of Court, amendments effective January 1, 2012

Article 4. E-filing Pilot Project in Second Appellate District 1 Division 1. Rules Relating to the Supreme Court and Courts of Appeal–

Chapter 1. General 2 Provisions–Article 4. E-filing amended effective January 1, 2012. 3 4 Rule 8.70. Purpose, application, construction, and

definitions 5 6 (

a) Purpose 7 8 The purpose of the rules in this

article is to facilitate the implementation and testing 9 of an e-filing projects in the Supreme Court and the Courts of Appeal, Second 10 Appellate District. 11 12 (Subd (

a) amended effective January 1, 2012.) 13 14 (

b) Application 15 16 Notwithstanding any other rules to the contrary, the rules in this

article govern 17 filing and service by electronic means in the Supreme Court and the any Court of 18 Appeal, Second Appellate District that elects to implement an e-filing project. 19 20 (Subd (

b) amended effective January 1, 2012.) 21 22 (c) *** 23 24 (

d) Definitions 25 26 As used in this article, unless the context otherwise requires: 27 28 (1) “The court” is means the Supreme Court or any the Court of Appeal, Second 29 Appellate District that elects to implement an e-filing project. 30 31 (2)–(9) * * * 32 33 (Subd (

d) amended effective January 1, 2012; adopted effective January 1, 2011.) 34 35 Rule 8.70 amended effective January 1, 2012; adopted effective July 1, 2010; previously amended 36 effective January 1, 2011. 37 38 Rule 8.79. Actions by court on receipt of electronic filing 39 40 (a)— (d) *** 41 42

California Rules of Court, amendments effective January 1, 2012 (

e) Endorsement 1 2

(1) The court’s endorsement of a document electronically filed must contain the 3 following: “Electronically filed by California Court of Appeal, Second 4 Appellate District [Name of Court], on _____ (date),” followed by the name 5 of the court clerk. 6 7 (2)–(3) *** 8 9 (Subd (

e) amended effective January 1, 2012.) 10 11 Rule 8.79 amended effective January 1, 2012; adopted effective July 1, 2010; previously amended 12 effective January 1, 2011. 13 14 Rule 8.401. Confidentiality 15 16 (

a) References to juveniles or relatives in documents 17 18 To protect the anonymity of juveniles involved in juvenile court proceedings: 19 20

(1) In all documents filed by the parties in proceedings under this chapter, a 21 juvenile must be referred to by first name and last initial; but if the first name 22 is unusual or other circumstances would defeat the objective of anonymity, 23 the initials of the juvenile may be used. 24 25

(2) In opinions that are not certified for publication and in court orders, a 26 juvenile may be referred to either by first name and last initial or by his or her 27 initials. In opinions that are certified for publication in proceedings under this 28 chapter, a juvenile must be referred to by first name and last initial; but if the 29 first name is unusual or other circumstances would defeat the objective of 30 anonymity, the initials of the juvenile may be used. 31 32

(3) In all documents filed by the parties and in all court orders and opinions in 33 proceedings under this chapter, if use of the full name of a juvenile’s relative 34 would defeat the objective of anonymity for the juvenile, the relative must be 35 referred to by first name and last initial; but if the first name is unusual or 36 other circumstances would defeat the objective of anonymity for the juvenile, 37 the initials of the relative may be used. 38 39 (Subd (

a) adopted effective January 1, 2012.) 40 41 (a)(

b) Access to filed documents 42 43

California Rules of Court, amendments effective January 1, 2012

(1) Except as provided in (3)(2), the record on appeal and documents filed by the 1 parties in proceedings under this

chapter may be inspected only by the 2 reviewing court and appellate project personnel, the parties or their attorneys, 3 and other persons the court may designate. 4 5

(2) To protect anonymity, a party must be referred to by first name and last initial 6 in all filed documents and court orders and opinions; but if the first name is 7 unusual or other circumstances would defeat the objective of anonymity, the 8 party’s initials may be used. 9 10 (3)

(2) Filed documents that protect anonymity as required by (2)(

a) may be 11 inspected by any person or entity that is considering filing an amicus curiae 12 brief. 13 14 (Subd (

b) relettered and amended effective January 1, 2012; adopted as subd (a).) 15 16 (b)(c) *** 17 18 (Subd (

c) relettered effective January 1, 2012; adopted as subd (b).) 19 20 Rule 8.401 amended effective January 1, 2012; adopted effective July 1, 2010. 21 22 Rule 10.452. Minimum education requirements, expectations, and 23 recommendations 24 25 (a)–(b) *** 26 27 (

c) Relationship of minimum education requirements and expectations to 28 education recommendations 29 30 The education requirements and expectations set forth in rules 10.461–10.462 and 31 10.471–10.474 are minimums. Justices, judges, and subordinate judicial officers 32 should participate in more judicial education than is required and expected, related 33 to each individual’s responsibilities and particular judicial assignment or 34 assignments and in accordance with the judicial education recommendations set 35 forth in rule 10.469.

Additional education requirements related to the specific 36 responsibilities of hearing family law matters are set forth in rule 37 10.463Clerk/administrators, court executive officers, and other court personnel 38 should participate in more education than is required, related to each individual's 39 responsibilities and in accordance with the education recommendations set forth in 40 rule 10.479. (for those hearing family law matters), rule 10.464 (for those hearing 41 domestic violence issues), and rule 10.468 (for those hearing probate proceedings). 42 43

California Rules of Court, amendments effective January 1, 2012 (Subd (

c) amended effective January 1, 2012; previously amended effective January 1, 1 2008.) 2 3 (d)–(g) *** 4 5 Rule 10.452 amended effective January 1, 2012; adopted effective January 1, 2007; previously 6 amended effective January 1, 2008. 7 8 Rule 10.461. Minimum education requirements for Supreme Court and Court of 9 Appeal justices 10 11 (a) *** 12 13 (

b) Content-based requirement 14 15 Each new Court of Appeal justice, within two years of confirmation of 16 appointment, must attend a new appellate judge justice orientation program 17 sponsored by a national provider of appellate orientation programs or by the 18 Administrative Office of the Courts’ Education Division/Center for Judicial 19 Education and Research. 20 21 (Subd (

b) amended effective January 1, 2012; adopted as unlettered subd effective January 22 1, 2007; previously amended and lettered effective January 1, 2008.) 23 24 (

c) Hours-based continuing education 25 26 (1) *** 27 28

(2) The following education applies toward the required 30 hours of continuing 29 judicial education: 30 31 (

A) Any education offered by an approved provider listed in (see rule 32 10.481(a)) and any other education, including education taken to satisfy 33 a statutory or other education requirement, approved by the Chief 34 Justice or the administrative presiding justice as meeting the criteria 35 listed in rule 10.481(b). 36 37 (B)–(C) *** 38 39 (Subd (

c) amended effective January 1, 2012; adopted effective January 1, 2008.) 40 41 (d)–(e) *** 42 43

California Rules of Court, amendments effective January 1, 2012 Rule 10.461 amended effective January 1, 2012; adopted effective January 1, 2007; previously 1 amended effective January 1, 2008, and August 15, 2008. 2 3 Rule 10.462. Minimum education requirements and expectations for trial court 4 judges and subordinate judicial officers 5 6 (

a) Applicability 7 8 All California trial court judges must complete the minimum judicial education 9 requirements for new judges under (c)(1) and are expected to participate in 10 continuing education as outlined under (d). All subordinate judicial officers must 11 complete the minimum education requirements for new subordinate judicial 12 officers under (c)(1) and for continuing education as outlined under (d). All trial 13 court judges and subordinate judicial officers who hear family law matters must 14 complete additional education requirements set forth in rule 10.463.

All trial court 15 judges and subordinate judicial officers who hear certain types of matters must 16 participate in education on domestic violence issues as provided in rule 10.464. All 17 trial court judges and subordinate judicial officers regularly assigned to hear 18 probate proceedings must complete additional education requirements set forth in 19 rule 10.468.

All trial court judges and subordinate judicial officers should 20 participate in more judicial education than is required and expected, related to each 21 individual’s responsibilities and particular judicial assignment or assignments and 22 in accordance with the judicial education recommendations set forth in rule 10.469. 23 24 (Subd (

a) amended effective January 1, 2012; previously amended effective January 1, 25 2008.) 26 27 (b) *** 28 29 (

c) Content-based requirements 30 31

(1) Each new trial court judge and subordinate judicial officer must complete the 32 “new judge education” provided by the Administrative Office of the Courts’ 33 Education Division/Center for Judicial Education and Research (CJER) as 34 follows: 35 36 (A)–(B) *** 37 38 (

C) The B. E. Witkin Judicial College of California within two years of 39 taking the oath as a judge or subordinate judicial officer For purposes 40 of the New Judge Orientation Program, a judge or subordinate judicial 41 officer is considered "new" only once, and any judge or subordinate 42 judicial officer who has completed the New Judge Orientation 43

California Rules of Court, amendments effective January 1, 2012 Program, as required under this rule or under former rule 970, is not 1 required to complete the program again. A judge or subordinate judicial 2 officer who was appointed, elected, or hired before rule 970 was 3 adopted on January 1, 1996, is not required to complete the program., 4 unless the new judge completed the Judicial College as a new 5 subordinate judicial officer, in which case the presiding judge may 6 determine whether the new judge must complete it again. 7 8

(2) Each new judge beginning a supervising judge role is expected to complete 9 the following education, unless he or she is returning to a similar supervising 10 judge role after less than two years in another assignment or is beginning a 11 supervising judge role less than two years after serving in the presiding judge 12 role and completing the Presiding Judges Orientation and Court Management 13 Program. 14 15 (A)–(C) *** 16 17

(3) Each judge beginning a new presiding judge role is expected to complete 18 CJER’s Presiding Judges Orientation and Court Management Program within 19 one year of beginning the presiding judge role, preferably before beginning 20 the role unless he or she is returning to a presiding judge role after two years 21 or less in another role or assignment. 22 23 (4) *** 24 25 (Subd (

c) amended effective January 1, 2012; previously amended effective January 1, 26 2008, and July 1, 2008.) 27 28 (

d) Hours-based continuing education 29 30

(1) Each judge is expected to and each subordinate judicial officer must complete 31 30 hours of continuing judicial education every three years, beginning on the 32 dates outlined: 33 34 (

A) A new judge or new subordinate judicial officer enters the three-year 35 continuing education period on January 1 of the year following the 36 period provided for completion of the required new judge education; 37 continuing education expectations for judges and requirements for 38 subordinate judicial officers are prorated based on the number of years 39 remaining in the three-year period. 40 41 (

B) For all other judges and subordinate judicial officers, the first three- 42 year period begins on January 1, 2007. 43

California Rules of Court, amendments effective January 1, 2012 1

(2) The following education applies toward the expected or required 30 hours of 2 continuing judicial education: 3 4 (

A) The content-based courses under (c)(2), (3), and (4) for a new 5 supervising judge, a new presiding judge, and a judge or subordinate 6 judicial officer beginning a new primary assignment (the “new judge 7 education” required under (c)(1) does not apply); and 8 9 (

B) Any other education offered by an approved provider listed in (see rule 10 10.481(a)) and any other education, including education taken to satisfy 11 a statutory or other education requirement, approved by the presiding 12 judge as meeting the criteria listed in rule 10.481(b). 13 14 (3)–(5) *** 15 16 (Subd (

d) amended effective January 1, 2012; previously amended effective January 1, 17 2008.) 18 19 (e)–(g) *** 20 21 Rule 10.462 amended effective January 1, 2012; adopted effective January 1, 2007; previously 22 amended effective January 1, 2008, July 1, 2008, and August 15, 2008. 23 24 Rule 10.468. Content-based and hours-based education for superior court judges 25 and subordinate judicial officers regularly assigned to hear probate 26 proceedings 27 28 (a)–(b) *** 29 30 (

c) Hours-based continuing education 31 32 (1)–(2) *** 33 34

(3) The first continuing education period for judicial officers who were regularly 35 assigned to hear probate proceedings before the effective date of this rule and 36 who continue in the assignment after that date is two years, from January 1, 37 2008, through December 31, 2009, rather than three years. The continuing 38 education requirements in (1) are prorated for the first continuing education 39 period under this paragraph. The first full three-year period of continuing 40 education for judicial officers under this paragraph begins on January 1, 41 2010. 42 43

California Rules of Court, amendments effective January 1, 2012 (4)–(5) *** 1 2

(6) A judicial officer may fulfill the education requirement in (1) or (2) through 3 AOC-sponsored education, an approved provider listed in (see rule 4 10.481(a)), or a provider education approved by the judicial officer’s 5 presiding judge as meeting the education criteria specified in rule 10.481(b). 6 7

(7) The education required in (1) or (2) may be by traditional (live, face-to-face) 8 or distance learning means, such as broadcasts, videoconferences, or online 9 coursework, but may not be by self-study. 10 11

(8) A judicial officer who serves as faculty for a California court-based audience, 12 as defined in rule 10.462(d)(4), for education required in (1) or (2) may be 13 credited with three hours of participation for each hour of presentation the 14 first time a course is given and two hours for each hour of presentation each 15 subsequent time the course is given. 16 17 (Subd (

c) amended effective January 1, 2012.) 18 19 (d)–(e) *** 20 21 Rule 10.468 amended effective January 1, 2012; adopted effective January 1, 2008. 22 23 Rule 10.469. Judicial education recommendations for justices, judges, and 24 subordinate judicial officers 25 26 (

a) Judicial education recommendations generally 27 28 Each justice, judge and subordinate judicial officer, as part of his or her continuing 29 judicial education, should regularly participate in educational activities related to 30 his or her responsibilities and particular judicial assignment or assignments. 31 Minimum education requirements and expectations related to judicial 32 responsibilities and assignments are set forth in rules 10.461–10.462.

Additional 33 education requirements related to the specific responsibility responsibilities of 34 hearing family law matters are set forth in rule 10.463 (for those hearing family law 35 matters), rule 10.464 (for those hearing domestic violence issues), and rule 10.468 36 (for those hearing probate proceedings). The following recommendations illustrate 37 for some specific responsibilities and assignments how justices, judges, and 38 subordinate judicial officers should participate in more judicial education than is 39 required and expected. 40 41 (Subd (

a) amended effective January 1, 2012.) 42 43

California Rules of Court, amendments effective January 1, 2012 (

b) Jury trial assignment 1 2 Each judge or subordinate judicial officer assigned to jury trials should regularly 3 use the Administrative Office of the Courts’ Education Division/CJER Center for 4 Judicial Education and Research (CJER) educational materials or other appropriate 5 materials and should regularly complete CJER or other appropriate educational 6 programs devoted to the conduct of jury voir dire and the treatment of jurors. 7 8 (Subd (

b) amended effective January 1, 2012.) 9 10 (c)–(e) *** 11 12 Rule 10.469 amended effective January 1, 2012; adopted effective January 1, 2008. 13 14 Rule 10.471. Minimum education requirements for Supreme Court and Court of 15 Appeal clerk/administrators 16 17 (a) *** 18 19 (

b) Hours-based requirement 20 21 (1) *** 22 23

(2) The following education applies toward the required 30 hours of continuing 24 education: 25 26 (

A) Any education offered by an an approved provider listed in (see rule 27 10.481(a)) and any other education, including education taken to satisfy 28 a statutory or other education requirement, approved by the Chief 29 Justice or the administrative presiding justice as meeting the criteria 30 listed in rule 10.481(b). 31 32 (B)–(C) *** 33 34 (Subd (

b) amended effective January 1, 2012.) 35 36 (c)–(d) *** 37 38 Rule 10.471 amended effective January 1, 2012; adopted effective January 1, 2008. 39 40 Rule 10.472. Minimum education requirements for Supreme Court and Court of 41 Appeal managing attorneys, supervisors, and other personnel 42 43

California Rules of Court, amendments effective January 1, 2012 (a)–(b) *** 1 2 (

c) Hours-based requirements 3 4 (1)–(3) *** 5 6

(4) Any education offered by an approved provider listed in (see rule 10.481(a)) 7 and any other education, including education taken to satisfy a statutory, 8 rules-based, or other education requirement, that is approved by the 9 clerk/administrator, the managing attorney, or the employee’s supervisor as 10 meeting the criteria listed in rule 10.481(

b) applies toward the orientation 11 education required under (

b) and the continuing education required under 12 (c)(1) and (2). 13 14

(5) Each hour of participation in traditional (live, face-to-face) education; 15 distance education such as broadcasts, and videoconferences courses, online 16 coursework; and faculty service counts toward the requirement on an hour- 17 for-hour basis. Each managing attorney, supervisor, and other employee must 18 complete at least half of his or her continuing education hours requirement as 19 a participant in traditional (live, face-to-face) education.

The managing 20 attorney, supervisor, or other employee may complete the balance of his or 21 her education hours requirement through any other means with no limitation 22 on any particular type of education. The hours applied for participation in 23 online coursework are limited to a total of 4 hours for managers, supervisors, 24 and appellate judicial attorneys and to a total of 3 hours for other personnel in 25 each two-year period; these limits are prorated for individuals who enter the 26 two-year period after it has begun.

Self-directed study is encouraged for 27 professional development but does not apply toward the required hours. 28 29

(6) A managing attorney, supervisor, or other employee who serves as faculty by 30 teaching legal or judicial education for a legal or judicial audience for a 31 California court-based audience (i.e., justices, judges, subordinate judicial 32 officers, temporary judges, or court personnel) may apply education the 33 following hours for the of faculty service. 3 hours for each hour of 34 presentation the first time a given course is presented and 2 hours for each 35 hour of presentation each subsequent time that the course if presented.

The 36 hours applied for faculty service are limited to 6 hours for managers, 37 supervisors, and appellate judicial attorneys and to 4 hours for other 38 personnel in each two year period; these limits are prorated for individuals 39 who enter the two-year period after it has begun. Credit for faculty service 40 counts toward the continuing education requirement in the same manner as 41 all other types of education— on an hour-for-hour basis. 42 43

California Rules of Court, amendments effective January 1, 2012 (Subd (

c) amended effective January 1, 2012.) 1 2 (d)–(e) *** 3 4 Rule 10.472 amended effective January 1, 2012; adopted effective January 1, 2008. 5 6 Rule 10.473. Minimum education requirements for trial court executive officers 7 8 (a)–(b) *** 9 10 (

c) Hours-based requirement 11 12 *** 13 14

(2) The following education applies toward the required 30 hours of continuing 15 education: 16 17 (

A) Any education offered by an approved provider listed in (see rule 18 10.481(a)) and any other education, including education taken to satisfy 19 a statutory or other education requirement, approved by the presiding 20 judge as meeting the criteria listed in rule 10.481(b). 21 22 (B)–(C) *** 23 24 (Subd (

c) amended effective January 1, 2012; previously amended effective January 1, 25 2008, and January 1, 2011.) 26 27 (d)–(e) *** 28 29 Rule 10.473 amended effective January 1, 2012; adopted as rule 10.463 effective January 1, 30 2007; previously amended and renumbered effective January 1, 2008; previously amended 31 effective January 1, 2011. 32 33 Rule 10.474. Trial court managers, supervisors, and other personnel 34 35 (a)–(b) *** 36 37 (

c) Hours-based requirements 38 39 (1)–(3) *** 40 41

(4) Any education offered by an approved provider listed in (see rule 10.481(a)) 42 and any other education, including education taken to satisfy a statutory, 43

California Rules of Court, amendments effective January 1, 2012 rules-based, or other education requirement, that is approved by the executive 1 officer or the employee’s supervisor as meeting the criteria listed in rule 2 10.481(

b) applies toward the orientation education required under (

b) and the 3 continuing education required under (c)(1) and (2). 4 5 (5)–(7) *** 6 7 (Subd (

c) amended effective January 1, 2012; previously amended effective January 1, 8 2008.) 9 10 (d)–(e) *** 11 12 Rule 10.474 amended effective January 1, 2012; adopted as rule 10.464 effective January 1, 13 2007; previously amended and renumbered effective January 1, 2008. 14 15 Rule 10.478. Content-based and hours-based education for court investigators, 16 probate attorneys, and probate examiners 17 18 (a) *** 19 20 (

b) Content-based requirements for court investigators 21 22 (1) *** 23 24

(2) A court investigator may fulfill the education requirement in (1) through 25 AOC-sponsored education, an approved provider listed in (see rule 10.481(a), 26 or a provider education approved by the court executive officer or the court 27 investigator’s supervisor as meeting the education criteria specified in rule 28 10.481(b). 29 30 (3)–(4) *** 31 32 (Subd (

b) amended effective January 1, 2012.) 33 34 (

c) Content-based education for probate attorneys 35 36 (1) *** 37 38

(2) A probate attorney may fulfill the education requirement in (1) through AOC- 39 sponsored education, an approved provider listed in (see rule 10.481(a), or a 40 provider education approved by the court executive officer or the probate 41 attorney’s supervisor as meeting the education criteria specified in rule 42 10.481(b). 43

California Rules of Court, amendments effective January 1, 2012 1 (3)–(4) *** 2 3 (Subd (

c) amended effective January 1, 2012.) 4 5 (

d) Content-based education for probate examiners 6 7 (1) *** 8 9

(2) A probate examiner may fulfill the education requirement in (1) through 10 AOC-sponsored education, an approved provider listed in (see rule 10.481(a), 11 or a provider education approved by the court executive officer or the probate 12 examiner’s supervisor as meeting the education criteria specified in rule 13 10.481(b). 14 15 (3)–(4) *** 16 17 (Subd (

d) amended effective January 1, 2012.) 18 19 (

e) Hours-based education for court investigators 20 21 (1) *** 22 23

(2) A court investigator may fulfill the education requirement in (1) through 24 AOC-sponsored education, an approved provider listed in (see rule 10.481(a), 25 or a provider education approved by the court executive officer or the court 26 investigator’s supervisor as meeting the education criteria specified in rule 27 10.481(b). 28 29 (3)–(4) *** 30 31 (Subd (

e) amended effective January 1, 2012.) 32 33 (

f) Hours-based education for probate attorneys 34 35 (1) *** 36 37

(2) A probate attorney may fulfill the education requirement in (1) through AOC- 38 sponsored education, an approved provider listed in (see rule 10.481(a), or a 39 provider education approved by the court executive officer or the probate 40 attorney’s supervisor as meeting the education criteria specified in rule 41 10.481(b). 42 43

California Rules of Court, amendments effective January 1, 2012 (3)–(4) *** 1 2 (Subd (

f) amended effective January 1, 2012.) 3 4 (

g) Hours-based education for probate examiners 5 6 (1) *** 7 8

(2) A probate examiner may fulfill the education requirement in (1) through 9 AOC-sponsored education, an approved provider listed in (see rule 10.481(a), 10 or a provider education approved by the court executive officer or the probate 11 examiner’s supervisor as meeting the education criteria specified in rule 12 10.481(b). 13 14 (3)–(4) *** 15 16 (Subd (

g) amended effective January 1, 2012.) 17 18 (h)–(i) *** 19 20 Rule 10.478 amended effective January 1, 2012; adopted effective January 1, 2008. 21 22 Rule 10.481. Approved providers; approved course criteria 23 24 (

a) Approved providers 25 26 The Administrative Office of the Courts’ Education Division/CJER is responsible 27 for maintaining a current list of approved providers. The list of approved providers 28 must include the Administrative Office of the Courts, the California Judges 29 Association, and all California state courts and should include other reputable 30 national and state organizations that regularly offer education directed to justices, 31 judges, and court personnel.

The director of the Education Division/CJER may add 32 or remove organizations from the list of approved providers as appropriate 33 according to these criteria. Any education program offered by any of the following 34 approved providers that is relevant to the work of the courts or enhances the 35 individual participant’s ability to perform his or her job may be applied toward the 36 education requirements and expectations stated in rules 10.461–10.479, except for 37 the requirements stated in rules 10.461(b), 10.462(c), and 10.473(b), for which 38 specific providers are required:. 39 40

(1) California Administrative Office of the Courts; 41 42

(2) California Judges Association; 43

California Rules of Court, amendments effective January 1, 2012 1

(3) Supreme Court of California; 2 3

(4) California Courts of Appeal; 4 5

(5) Superior Courts of California; 6 7

(6) State Bar of California; 8 9

(7) National Judicial College; 10 11

(8) National Center for State Courts; 12 13

(9) National Council of Juvenile and Family Court Judges; 14 15

(10) National Association of Women Judges; 16 17

(11) American Bar Association; 18 19

(12) National Association for Court Management; 20 21

(13) American Judges Association; 22 23

(14) American Academy of Judicial Education; 24 25

(15) Dwight D. Opperman Institute of Judicial Administration; 26 27

(16) National Institute of Justice; 28 29

(17) Law schools accredited by the American Bar Association; 30 31

(18) Accredited colleges and universities; 32 33

(19) Continuing Education of the Bar – California; 34 35

(20) Local California bar associations; 36 37

(21) California Court Association; 38 39

(22) Superior Court Clerks’ Association of the State of California; 40 41

(23) Council of Chief Judges of Courts of Appeal; 42 43

California Rules of Court, amendments effective January 1, 2012

(24) Roscoe Pound Institute, Annual Forum for State Appellate Court Judges; 1 2

(25) National Conference of Appellate Court Clerks; 3 4

(26) AEI – Brookings Joint Center; 5 6

(27) The Rutter Group; 7 8

(28) American Board of Trial Advocates; and 9 10

(29) California Association of Superior Court Investigators. 11 12 (Subd (

a) amended effective January 1, 2012; previously amended effective January 1, 13 2008.) 14 15 (

b) Approved education criteria 16 17 Education is not limited to the approved providers referred to listed in (a). Any 18 education from another a provider not listed in (

a) that is approved by the Chief 19 Justice, the administrative presiding justice, or the presiding judge as meeting the 20 criteria listed below may be applied toward the continuing education expectations 21 and requirements for justices, judges, and subordinate judicial officers or 22 requirements for clerk/administrators or court executive officers. Similarly, any 23 education from another a provider not listed in (

a) that is approved by the 24 clerk/administrator, the court executive officer, or the employee’s supervisor as 25 meeting the criteria listed below may be applied toward the orientation or 26 continuing education requirements for managers, supervisors, and other employees 27 or the content-based or continuing education requirements for probate court 28 investigators, probate attorneys, and probate examiners in rule 10.478. 29 30 (1)–(2) *** 31 32 (Subd (

b) amended effective January 1, 2012; previously amended effective January 1, 33 2008.) 34 35 Rule 10.481 amended effective January 1, 2012; adopted as rule 10.471 effective January 1, 36 2007; previously amended and renumbered effective January 1, 2008. 37 38 Advisory Committee Comment 39 40 Subdivision (b). The director of the Education Division/CJER is available to assist those 41 authorized to approve a request to apply education offered by a non-approved provider in 42 determining whether the education meets the listed criteria. 43

California Rules of Court, amendments effective January 1, 2012 1 Rule 10.491. Minimum education requirements for Administrative Office of the 2 Courts executives, managers, supervisors, and other employees 3 4 (a)–(b) *** 5 6 (

c) Hours-based requirements 7 8 (1)–(3) *** 9 10

(4) The first two-year period begins on January 1, 2008. The orientation courses 11 and the compliance courses required for new managers, supervisors, and 12 other employees under (

b) do not apply toward the required hours of 13 continuing education. Each new executive enters the two-year continuing 14 education period on the first day of the quarter following his or her 15 appointment, and each new manager, supervisor, and employee enters the 16 two-year continuing education period on the first day of the quarter following 17 the six-month period provided for his or her completion of the orientation 18 courses and the compliance courses required under (b); the quarters begin on 19 January 1, April 1, July 1, and October 1.

Each executive, manager, 20 supervisor, or employee who enters the two-year continuing education period 21 after it has begun must complete a prorated number of continuing education 22 hours for that two-year period, based on the number of quarters remaining in 23 it. 24 25

(5) Any education offered by an approved provider listed in (see rule 10.481(a)) 26 and any other education, including education taken to satisfy a statutory, 27 rules-based, or other education requirement, that is approved by the 28 employee’s supervisor as meeting the criteria listed in rule 10.481(

b) applies 29 toward the continuing education required under (c)(1)–(3). 30 31

(6) Each hour of participation in traditional (live, face-to-face) education; 32 distance education such as broadcasts, and videoconference courses, and 33 online coursework; and faculty service counts toward the requirement on an 34 hour-for-hour basis. Each executive, manager, supervisor, and employee 35 must complete at least half of his or her continuing education hours 36 requirement as a participant in traditional (live, face-to-face) education.

The 37 individual may complete the balance of his or her education hours 38 requirement through any other means with no limitation on any particular 39 type of education. The hours applied for participation in online coursework 40 and self-directed study are limited to a total of 10 hours for executives, 6 41 hours for managers and supervisors, and 4 hours for other employees in each 42

California Rules of Court, amendments effective January 1, 2012 two-year period; these limits are prorated for individuals who enter the two-1 year period after it has begun. 2 3

(7) An executive, manager, supervisor, or employee who serves as faculty by 4 teaching legal or judicial education to a legal or judicial audience courses at 5 the AOC or on behalf of the AOC at another location may apply education 6 the following hours of as faculty service. Credit for faculty service counts 7 toward the continuing education requirement in the same manner as all other 8 types of education— on an hour-for-hour basis. :3 hours for each hour of 9 presentation the first time a given course is presented and 2 hours for each 10 hour of presentation each subsequent time that the course is presented.

The 11 hours applied for faculty service are limited to 15 hours for executives, 9 12 hours for managers and supervisors, and 6 hours for other personnel in each 13 two year period; these limits are prorated for individuals who enter the two- 14 year continuing education period after it has begun. 15 16 (8) *** 17 18 (Subd (

c) amended effective January 1, 2012.) 19 20 (d) *** 21 22 (

e) Records of participation 23 24

(1) An employee's completion of any course listed in the learning management 25 system Human Resources Education Management System (HREMS) is 26 automatically tracked in HREMS. 27 28

(2) An employee's completion of specified online training is automatically 29 tracked as well in HREMS. 30 31

(3) Each employee is responsible for tracking completion of any training that is 32 not automatically tracked in the learning management system HREMS. After 33 completion of the training, the employee must enter it in the employee's 34 individual record in the learning management system HREMS. 35 36 (Subd (

e) amended effective January 1, 2012.) 37 38 (f) *** 39 40 Rule 10.491 amended effective January 1, 2012; adopted effective January 1, 2008; previously 41 amended effective July 1, 2008. 42

California Rules of Court, amendments effective July 1, 2012: Rule 5.405. Judgment checklists 1 2 The Judgment Checklist— Dissolution/Legal Separation (form FL-182) lists the forms 3 that courts may require to complete a judgment based on default or uncontested judgment 4 in dissolution or legal separation cases based on a declaration under Family Code

section 5 2336. The court may not require any additional forms or attachments. 6 7 Rule 5.405 adopted effective July 1, 2012. 8 9 Rule 5.407. Review of judgments based on default and uncontested judgments 10 submitted by declaration under Family Code

section 2336 11 12 Once a valid proof of service of summons has been filed with the court or respondent has 13 made a general appearance in the case: 14 15 (

a) Court review 16 17 The court must conduct a procedural review all the documents submitted for 18 judgment based on default or uncontested judgments submitted under Family Code 19

section 2336 and notify the attorneys or self-represented litigants who submitted 20 them of all identified defects. 21 22 (

b) Notice of errors and omissions 23 24 Basic information for correction of the defects must be included in any notification 25 to attorneys or self-represented litigants made under (a). 26 27 Rule 5.407 adopted effective July 1, 2012. 28 29 Rule 5.409. Default and uncontested hearings on judgments submitted on the basis 30 of declarations under Family Code

section 2336 31 32 The decision to hold a hearing in a case in which a judgment has been submitted on the 33 basis of a declaration under Family Code

section 2336 should be made on a case-by-case 34 basis at the discretion of the court or request of a party. Courts must allow judgments in 35 default and uncontested cases to be submitted by declaration pursuant to

section 2336 and 36 must not require that a hearing be conducted in all such cases. 37 38 Rule 5.409 adopted effective July 1, 2012. 39 40

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 8.70
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	463c7e4da16fd033e494b9cd7c9cef5f863d1d6d

Source file is stored in the law ingest library (pdf).