AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 19, 2017, effective September 1, 2017 Rule 1.31. Mandatory forms ...................................................................................... 2 1 Rule 3.1546. Pretrial procedures for mandatory expedited jury trials ....................... 2 2 Rule 4.155. Guidelines for reimbursement of costs in change of venue cases—3 criminal cases .............................................................................................................. 3 4 Rule 5.94.

Order shortening time; other filing requirements; request to continue 5 hearing and extend temporary emergency (ex parte) orders ....................................... 3 6 Rule 5.130. Request for Special Immigrant Juvenile findings .................................. 7 7 Rule 5.425. Limited scope representation; application of rules ................................. 8 8 Rule 10.3. Nonvoting members ............................................................................... 12 9 10

Rule 1.31. Mandatory forms 1 2 (a)–(d) * * * 3 4 (

e) No alteration of forms 5 6 Except as provided in rule 3.52(6), concerning court fee waiver orders, and rule 7 5.504, concerning court orders in juvenile court proceedings, and rule 7.101.5, 8 concerning court orders in proceedings under the Probate Code, courts may not 9 require the use of an altered mandatory Judicial Council form in place of the 10 Judicial Council form. However, a judicial officer may modify a Judicial Council 11 form order as necessary or appropriate to adjudicate a particular case. 12 13 (Subd (

e) amended effective September 1, 2017; previously amended effective January 1, 14 2007, January 1, 2009, and July 1, 2009.) 15 16 (f)–(g) * * * 17 18 Rule 1.31 amended effective September 1, 2017; adopted effective January 1, 2007; previously 19 amended effective January 1, 2007, January 1, 2009, July 1, 2009, and January 1, 2015. 20 21 Rule 3.1546. Pretrial procedures for mandatory expedited jury trials 22 23 (a)–(b) * * * 24 25 (

c) Opting out of mandatory expedited jury trial procedures 26 27 (1)–(2) * * * 28 29

(3) Except on a showing of good cause, any objection to the request must be 30 served and filed within 15 days after the date of service of the request, on an 31 Opposition Objection to Request to Opt Out of Mandatory Expedited Jury 32 Trial Procedures (form EJT-004). 33 34 (4) * * * 35 36 (Subd (

c) amended effective September 1, 2017.) 37 38 (d) * * * 39 40 Rule 3.1545 amended effective September 1, 2017; adopted effective July 1, 2016. 41 42

Rule 4.155. Guidelines for reimbursement of costs in change of venue cases— 1 criminal cases 2 3 (

a) General 4 5 Consistent with Penal Code

section 1037(c), the court in which an action originated 6 must reimburse the court receiving a case after an order for change of venue for any 7 ordinary expenditure and any extraordinary but reasonable and necessary 8 expenditure that would not have been incurred by the receiving court but for the 9 change of venue. 10 11 (Subd (

a) amended effective September 1, 2017; previously amended effective January 1, 12 2001, and January 1, 2006.) 13 14 (b)–(g) * * * 15 16 Rule 4.155 amended effective September 1, 2017; adopted as

section 4.2 of the Standards of 17 Judicial Administration effective July 1, 1989; amended and renumbered as rule 4.162 effective 18 January 1, 2001; previously amended effective January 1, 1998, January 1, 2006, and January 1, 19 2017. 20 21 Rule 5.94. Order shortening time; other filing requirements; request to continue 22 hearing and extend temporary emergency (ex parte) orders 23 24 (a)−(d) * * * 25 26 (

e) Failure to timely serve request for order and temporary emergency (ex parte) 27 orders 28 29 The Request for Order (form FL-300) or other moving papers such as an order to 30 show cause, along with any and temporary emergency (ex parte) orders (form FL- 31 305), will expire on the date and time of the scheduled hearing if the requesting 32 party fails to: 33 34

(1) Have the other party timely served before the hearing with the Request for 35 Order (form FL-300) or other moving papers, such as an order to show 36 cause; supporting documents; and any orders issued on temporary emergency 37 (ex parte) orders (form FL-305); or 38 39

(2) Obtain a court order to continue the hearing. 40 41 (Subd (

e) amended effective September 1, 2017; previously amended and relettered 42 effective July 1, 2016; adopted as subd (c).) 43

(

f) Procedures to request continued hearing date and extension of temporary 1 emergency (ex parte) orders 2 3

(1) If a Request for Order (form FL-300) that includes temporary emergency 4 orders is not timely served on the other party before the date of the hearing, 5 and the party granted the temporary emergency (ex parte) orders wishes to 6 proceed with the request, he or she must ask the court to continue the hearing 7 date. On a showing of good cause, or on its own motion, the court may: 8 9 (

A) Continue the hearing and extend the expiration date of the temporary 10 emergency orders until the end of the continued hearing or to another 11 date ordered by the court. 12 13 (

B) Modify the temporary emergency (ex parte) orders. 14 15 (

C) Terminate the temporary emergency (ex parte) orders. 16 17

(2) The party served with a Request for Order (form FL-300) that includes 18 temporary emergency (ex parte) orders: 19 20 (

A) Is entitled to one continuance for a reasonable period of time to respond 21 and, thereafter, to a continuance based on a showing of good cause. 22 23 (

B) Must file and serve a Responsive Declaration to Request for Order 24 (form FL-320) as required by the court order. 25 26

(3) The following procedures apply to either party’s request to continue the 27 hearing: 28 29 (

A) The party asking for the continuance must complete and submit an 30 original Request and Order to Continue Hearing and Extend 31 Temporary Emergency (Ex Parte) Orders (form FL-306) with two 32 copies for the court to review, as follows: 33 34 (

i) The form should be submitted to the court no later than five court 35 days before the hearing date originally set on the Request for 36 Order. 37 38 (ii) The party may present the form to the court at the hearing of the 39 Request for Order. 40 41

(iii) The party who makes an oral request to the court on the date of 1 the hearing is also required to complete and submit form FL-306 2 if the court grants the request. 3 4 (

B) After the court signs and files form FL-306, a filed copy must be served 5 on the other party, unless the court orders otherwise. If the continuance 6 is granted: 7 8 (

i) Before the other party is served with notice of the hearing and 9 temporary emergency (ex parte) orders, then form FL-306 must 10 be attached as the cover page and served along with the Request 11 for Order (form FL-300), the original or modified temporary 12 emergency (ex parte) orders, and supporting documents. 13 14 (ii) To the responding party, and the party who asked for the 15 temporary emergency order was absent when the continuance 16 was granted, then form FL-306 must be attached as the cover 17 page to any documents the court orders served on that party. 18 19 (iii) Service must be in the manner required by rule 5.92 or as ordered 20 by the court. 21 22 (

C) If the Request and Order to Continue Hearing and Extend Temporary 23 Emergency (Ex Parte) Orders (form FL-306), Request for Order (FL- 24 300), original or modified temporary emergency order, and supporting 25 documents are not timely served on the other party, and the requesting 26 party wishes to proceed with the hearing, he or she must repeat the 27 procedures in this rule. 28 29

(1) If a Request for Order (form FL-300), order to show cause, or other moving 30 paper is not timely served on the other party before the date of the hearing, 31 and the party requesting the order wishes to proceed with the request, he or 32 she must ask the court to continue the hearing date. 33 34

(2) On a showing of good cause or on its own motion, the court may: 35 36 (

A) Continue the hearing and set a new date; and 37 38 (

B) Modify or terminate any temporary emergency (ex parte) orders 39 initially granted with the Request for Order, order to show cause, or 40 other moving paper. 41 42

(3) If the court grants a continuance and makes no change to the temporary 1 emergency (ex parte) orders, those orders are extended until the time of the 2 continued hearing or to another date specified by the court. 3 4

(4) The party served with a Request for Order (form FL-300), order to show 5 cause, or other moving paper that includes temporary emergency (ex parte) 6 orders: 7 8 (

A) Is entitled to one continuance as a matter of course for a reasonable 9 period of time to respond. A second or subsequent request by the 10 responding party to continue the hearing must be supported by facts 11 showing good cause for the continuance; 12 13 (

B) May ask the court to continue the hearing by using Request to Continue 14 Hearing (form FL-306); and 15 16 (

C) Must file and serve a Responsive Declaration to Request for Order 17 (form FL-320) before the date of the new hearing, as required by law or 18 described in Order on Request to Continue Hearing (form FL-307). 19 20

(5) The following procedures apply to either party’s request to continue the 21 hearing: 22 23 (

A) The party asking for the continuance must complete and submit an 24 original Request to Continue Hearing (form FL-306) with two copies 25 for the court to review, as follows: 26 27 (

i) The form should be submitted to the court no later than five court 28 days before the hearing date set on the Request for Order, order 29 to show cause, or other moving papers. 30 31 (ii) The party may present the form to the court on the date of the 32 hearing. 33 34 (iii) The party who, on the date of the hearing, makes an oral request 35 to the court to continue the hearing, is not required to complete 36 form FL-306, but must complete and submit an Order on Request 37 to Continue Hearing (form FL-307) if the court grants the 38 request. 39 40 (

B) Along with form FL-306, the party asking for the continuance must 41 submit to the court an Order on Request to Continue Hearing (form 42

FL-307) with the caption and initial items completed as described on 1 the form. 2 3 (

C) After the court signs and files form FL-307, a filed copy must be served 4 on the other party as follows, unless the court orders otherwise: 5 6 (

i) If the continuance is granted, an Order on Request to Continue 7 Hearing (form FL-307) must be attached as the cover page and 8 served, along with the Request for Order (form FL-300) or other 9 moving papers such as an order to show cause and any temporary 10 emergency (ex parte) orders and supporting documents. 11 12 (ii) If the court grants the responding party’s request for a 13 continuance, and the party who asked for the order was absent 14 when the continuance was granted, then an Order on Request to 15 Continue Hearing (form FL-307) must be attached as the cover 16 page to any documents the court orders served on that party. 17 18 (iii) Service must be in the manner required by rule 5.92 or as ordered 19 by the court. 20 21 (

D) If the Order on Request to Continue Hearing (form FL-307), Request 22 for Order (FL-300) or order to show cause, original or modified 23 temporary emergency (ex parte) order, and supporting documents are 24 not timely served on the other party, and the requesting party wishes to 25 proceed with the hearing, he or she must repeat the procedures in this 26 rule unless the opposing party agrees to waive notice and proceed with 27 the hearing. 28 29 (Subd (

f) amended effective September 1, 2017; adopted effective July 1, 2016.) 30 31 Rule 5.94 amended effective September 1, 2017; previously amended effective July 1, 2016; 32 adopted effective January 1, 2013. 33 34 Rule 5.130. Request for Special Immigrant Juvenile findings 35 36 (a)–(b) * * * 37 38 (

c) Notice of hearing 39 40 Notice of a hearing on a request for SIJ findings must be served with a copy of the 41 request and all supporting papers in the appropriate manner specified in rule 42 5.92(a)(6)(A)–(C) (f)(1), (2) or (3), as applicable, on the following persons: 43

1 (1)–(3) * * * 2 3 (Subd (

c) amended effective September 1, 2017.) 4 5 (d)–(g) * * * 6 7 Rule 5.130 amended effective September 1, 2017; adopted effective July 1, 2016. 8 9 Rule 5.425. Limited scope representation; application of rules 10 11 (a)–(c) * * * 12 13 (

d) Noticed limited scope representation 14 15

(1) A party and an attorney must provide the required notice of their agreement 16 for limited scope representation by serving other parties and filing with the 17 court a Notice of Limited Scope Representation (form FL-950). 18 19

(2) After the notice in (1) is received and until a substitution of attorney 20 Substitution of Attorney—Civil (form MC-050), or a Notice of Completion of 21 Limited Scope Representation (form FL-955) with the “Final” box checked, 22 or an order to be relieved as attorney is filed and served: 23 24 (

A) The attorney must be served only with documents that relate only to the 25 issues identified in the Notice of Limited Scope Representation (form 26 FL-950); and 27 28 (

B) The party must be served directly with Documents that relate to all 29 other issues outside the scope of the attorney’s representation must be 30 served directly on the party or the attorney representing the party on 31 those issues. 32 33

(3) Electronic service of notices and documents described in this rule is 34 permitted if the client previously agreed in writing to accept service of 35 documents electronically from the attorney. 36 37

(4) Before being relieved as counsel, the limited scope attorney must file and 38 serve the order after hearing or judgment following the hearing or trial at 39 which he or she provided representation unless: 40 41 (

A) Otherwise directed by the court; or 42 43

(

B) The party agreed in the Notice of Limited Scope Representation (form 1 FL-950) that completion of the order after hearing is not within the 2 scope of the attorney’s representation. 3 4 (Subd (

d) amended effective September 1, 2017.) 5 6 (

e) Procedures to be relieved as counsel on completion of limited scope 7 representation if client has not signed a substitution of attorney 8 9 An attorney who has completed the tasks specified in the Notice of Limited Scope 10 Representation (form FL-950) may use the following procedures to request that he 11 or she be relieved as attorney in cases in which the attorney has appeared before the 12 court as an attorney of record and if the client has not signed a Substitution of 13 Attorney—Civil (form MC-050): 14 15

(1) Application Notice of completion of limited scope representation 16 17 An application to be relieved as attorney on completion of limited scope 18 representation under Code of Civil Procedure

section 284(2) must be directed 19 to the client and made on the Application to Be Relieved as Counsel Upon 20 Completion of Limited Scope Representation (form FL-955). The limited 21 scope attorney must serve the client with the following documents: 22 23 (

A) A Notice of Completion of Limited Scope Representation (form FL- 24 955) with the “Proposed” box marked and the deadline for the client to 25 file the objection completed by the attorney; 26 27 (

B) Information for Client About Notice of Completion of Limited Scope 28 Representation (form FL-955-INFO); and 29 30 (

C) A blank Objection to Proposed Notice of Completion of Limited Scope 31 Representation (form FL-956). 32 33

(2) Filing and service of application 34 35 The application to be relieved as attorney must be filed with the court and 36 served on the client and on all other parties or attorneys for parties in the 37 case. The client must also be served with a blank Objection to Application to 38 Be Relieved as Counsel on Completion of Limited Scope Representation 39 (form FL-956). 40 41 (3)

(2) No objection 42 If no objection is served and filed with the court within 15 days from the date 43

that the Application to Be Relieved as Counsel on Completion of Limited 1 Scope Representation (form FL-955) is served on the client, the attorney 2 making the application must file an updated form FL-955 indicating the lack 3 of objection, along with a proposed Order on Application to Be Relieved as 4 Counsel on Completion of Limited Scope Representation (form FL-958). The 5 clerk must then forward the order for judicial signature.

If the client does not 6 file and serve an Objection to Proposed Notice of Completion of Limited 7 Scope Representation (form FL-956) within 10 calendar days from the date 8 that the Notice of Completion of Limited Scope Representation (form FL-955) 9 was served, the limited scope attorney: 10 11 (

A) Must serve the client and the other parties or, if represented, their 12 attorneys, with a Notice of Completion of Limited Scope Representation 13 (form FL-955) with the “Final” box marked; 14 15 (

B) Must file the final Notice of Completion of Limited Scope 16 Representation (form FL-955) with the court, and attach the proofs of 17 service of both the “Proposed” and “Final” notices of completion; 18 19 (

C) May not be charged a fee to file the final notice of completion, even if 20 the attorney has not previously made an appearance in the case; and 21 22 (

D) Is deemed to be relieved as attorney on the date that the final notice of 23 completion is served on the client. 24 25 (4)

(3) Objection Objection 26 If an objection to the application is served and filed within 15 days, the clerk 27 must set a hearing date on the Objection to Application to Be Relieved as 28 Counsel on Completion of Limited Scope Representation (form FL-956). The 29 hearing must be scheduled no later than 25 days from the date the objection is 30 filed. The clerk must send the notice of the hearing to the parties and the 31 attorney. If the client files the Objection to Proposed Notice of Completion of 32 Limited Scope Representation (form FL-956) within 10 calendar days from 33 the date that the proposed notice of completion was served, the following 34 procedures apply: 35 36 (

A) The clerk must set a hearing date on the Objection to Proposed Notice 37 of Completion of Limited Scope Representation (form FL-956) to be 38 conducted no later than 25 court days from the date the objection is 39 filed. 40 41 (

B) The court may charge a motion fee to file the objection and

schedule 42 the hearing. 43

1 (

C) The objection—including the date, time, and location of the hearing— 2 must be served on the limited scope attorney and all other parties in the 3 case (or on their attorneys, if they are represented). Unless the court 4 orders a different time for service, the objection must be served by the 5 deadline specified in Information for Client About Notice of 6 Completion of Limited Scope Representation (form FL-955-INFO). 7 8 (

D) If the attorney wishes, he or she may file and serve a Response to 9 Objection to Proposed Notice of Completion of Limited Scope 10 Representation (form FL-957). Unless otherwise directed by the court, 11 any response should be filed with the court and served on the client and 12 other parties, or their attorneys, at least nine court days before the 13 hearing. 14 15 (

E) Unless otherwise directed by the court, the attorney must prepare the 16 Order on Completion of Limited Scope Representation (form FL-958) 17 and obtain the judge’s signature. 18 19 (

F) The attorney is responsible for filing and serving the order on the client 20 and other parties after the hearing, unless the court directs otherwise. 21 22 (

G) If the court finds that the attorney has completed the agreed-upon work, 23 the representation is concluded upon service of the signed Order on 24 Completion of Limited Scope Representation (form FL-958). 25 26

(5) Service of the order 27 28 If no objection is served and filed and the proposed order is signed, the 29 attorney who filed the Application to Be Relieved as Counsel on Completion 30 of Limited Scope Representation (form FL-955) must serve a copy of the 31 signed order on the client and on all parties or the attorneys for all parties 32 who have appeared in the case. The court may delay the effective date of the 33 order relieving the attorney until proof of service of a copy of the signed 34 order on the client has been filed with the court. 35 36 (Subd (

e) amended and renumbered effective September 1, 2017.) 37 38 (f) * * * 39 40 Rule 5.425 amended effective September 1, 2017; adopted effective January 1, 2013. 41 42

Rule 10.3. Nonvoting members 1 2 (a) * * * 3 4 (

b) Voting 5 6 A nonvoting council member may make or second motions at a council meeting but 7 may not vote. A nonvoting member may vote on an internal committee matter as 8 specified in rule 10.10(d)(e). 9 10 (Subd (

b) amended effective September 1, 2017; previously amended effective January 1, 11 2007.) 12 13 Rule 10.3 amended effective September 1, 2017; previously amended and renumbered effective 14 January 1, 2007; adopted as rule 6.3 effective January 1, 1999. 15 16