AMENDMENT TO THE CALIFORNIA RULES OF COURT

Cal. R. Ct. 2.571

California Rules of Court

AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 24, 2026, effective July 1, 2026, to read: 1 Rule 2.571. Procedures for filing records under seal in a False Claims Act case ..... 3 2 Rule 2.575. Confidential information in name change proceedings under address 3 confidentiality program ............................................................................................... 3 4 Rule 2.577. Procedures for filing confidential name change records under seal ....... 4 5 Rule 2.1002.

Length of juror service ......................................................................... 4 6 Rule 2.1006. Deferral of jury service ......................................................................... 5 7 Rule 2.1008. Excuses from jury service .................................................................... 5 8 Rule 2.1010. Juror motion to set aside sanctions imposed by default ....................... 6 9 Rule 4.551. Habeas corpus proceedings .................................................................... 7 10 Rule 5.605.

Emancipation of minors ......................................................................... 9 11 Rule 5.710. Six-month review hearing .................................................................... 10 12 Rule 5.715. Twelve-month permanency hearing ..................................................... 11 13 Rule 5.720. Eighteen-month permanency review hearing ....................................... 12 14 Rule 5.812.

Additional requirements for any hearing to terminate jurisdiction over 15 child in foster care and for status review or dispositional hearing for child 16 approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ............................................. 12 17 Title 7. Probate Rules and Mental Health Rules ...............................................................13 18 Division 2. Mental Health Rules .................................................................................. 13 19

Chapter 2. CARE Act Rules ........................................................................................ 13 20

Article 2. Commencement Beginning of Proceedings ................................................. 13 21 Rule 7.2221. Papers to be filed (§§ 5975, 5978) ..................................................... 13 22 Rule 7.2223. Venue and transfer (§ 5973) ............................................................... 14 23 Rule 7.2225. Persons who may file petition (§§ 5974, 5978) [Repealed] ............... 14 24 Rule 7.2230.

Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & 25 (b)(1)) ........................................................................................................................ 15 26 Rule 7.2235. Notice of proceedings (§§ 5977–5977.3, 5979) ................................. 15 27 Title 8. Appellate Rules ....................................................................................................16 28 Division 1. Rules Relating to the Supreme Court and Courts of Appeal .................... 16 29

Chapter 1. General Provisions ..................................................................................... 16 30

Article 5. E-filing ......................................................................................................... 16 31 Rule 8.74. Format of electronic documents ............................................................. 16 32 Rule 8.385. Proceedings after the petition is filed ................................................... 17 33 Standard 3.25. Examination of prospective jurors in civil cases ............................. 19 34

Standard 4.10. Guidelines for adult collaborative treatment courts diversion drug 1 court programs .......................................................................................................... 23 2 Standard 4.30. Examination of prospective jurors in criminal cases ....................... 29 3 Standard 10.22. Gender-inclusive practices for juror identification and juror 4 questionnaires ........................................................................................................... 33 5 6

Rule 2.571. Procedures for filing records under seal in a False Claims Act case 1 2 (a)–(b) * * * 3 4 (

c) Special cover sheet omitting names of the parties 5 6 In a False Claims Act case, the complaint and every other paper filed while the case 7 is under seal must have a completed Confidential Cover Sheet— False Claims 8 Action (form MC-060 CM-011) affixed to the first page. 9 10 (Subd (

c) amended effective July 1, 2026; previously amended effective January 1, 2007.) 11 12 (d)–(e) * * * 13 14 Rule 2.571 amended effective July 1, 2026; previously amended and renumbered effective 15 January 1, 2007; adopted as rule 243.6 effective July 1, 2002. 16 17 Rule 2.575. Confidential information in name change proceedings under address 18 confidentiality program 19 20 (a) * * * 21 22 (

b) Application of

chapter 23 24 The rules in this

chapter apply to records filed in a change of name proceeding 25 under Code of Civil Procedure

section 1277(

b) by a confidential name change 26 petitioner who alleges any of the following reasons or circumstances listed in Code 27 of Civil Procedure

section 1277(

b) as a reason for the name change:. 28 29

(1) The petitioner is seeking to avoid domestic violence, as defined in Family 30 Code

section 6211. 31 32

(2) The petitioner is seeking to avoid stalking, as defined in Penal Code

section 33 646.9. 34 35

(3) The petitioner is, or is filing on behalf of, a victim of sexual assault, as 36 defined in Evidence Code

section 1036.2. 37 38 (Subd (

b) amended effective July 1, 2026.) 39 (c)–(e) * * * 40 41 Rule 2.575 amended effective July 1, 2026; adopted January 1, 2010. 42 43

Rule 2.577. Procedures for filing confidential name change records under seal 1 2 (

a) Court approval required 3 4 (Subd (

a) amended effective July 1, 2026.) 5 6 Records in a name change proceeding brought by a confidential name change 7 petitioner may not be filed under seal without a court order. A request by a 8 confidential name change petitioner to file records under seal may be made under 9 the procedures in this chapter.

A request by any other petitioner to file records 10 under seal must be made under rules 2.550–2.573. 11 12 (b)–(h) * * * 13 14 Rule 2.577 amended effective July 1, 2026; adopted effective January 1, 2010; previously 15 amended effective January 1, 2016; and January 1, 2017. 16 17 Title 2, Trial Court Rules-Division 4, Court Records-Chapter 6, Other Sealed or Closed Records; 18 renumbered effective January 1, 2010; adopted as

Chapter 5 effective January 1, 2007. 19 20 Advisory Committee Comment 21 22 This rule is not intended to abrogate or limit any duty of the court to keep court records 23 confidential (for example, court records, including the index, register of actions, and any other 24 case information available through court systems used to provide the public with electronic 25 access to court records, associated with a proceeding for a change of name or gender and sex 26 identifier, or both, under Health and Safety Code

section 103437). 27 28 Subdivision (a). This subdivision describes procedures for filing records under seal in a name 29 change proceeding brought by a confidential name change petitioner (a participant in the Safe at 30 Home address confidentiality program). (See rule 2.575(a)(1).) 31 32 Rule 2.1002. Length of juror service 33 34 (a) * * * 35 36 (

b) Definitions 37 38 As used in this rule: 39 40 (1)–(4) * * * 41 42

(5) “Telephone standby” “Standby” means all previous -day notice procedures 1 used to inform prospective jurors of their date to report for service. 2 3 (Subd (

b) amended effective July 1, 2026; previously amended effective January 1, 2007.) 4 5 (

c) One-day/one-trial 6 7 Each trial court system must implement a juror management program under which 8 a person has fulfilled his or her person’s jury service obligation is fulfilled when 9 the person has: 10 11 (1)–(4) * * * 12 13

(5) Served no more than five court days on telephone standby. on standby for no 14 more than five court days. 15 16 (Subd (

c) amended effective July 1, 2026; previously amended effective January 1, 2007.) 17 18 (d) * * * 19 20 Rule 2.1002 amended effective July 1, 2026; adopted as rule 861 effective July 1, 1999; 21 previously amended and renumbered effective January 1, 2007. 22 23 Rule 2.1006. Deferral of jury service 24 25 A mother prospective juror who is breastfeeding a child may request that jury 26 service be deferred for up to one year, and may renew that request as long as she 27 the prospective juror is breastfeeding.

If the request is made in writing, under 28 penalty of perjury, the jury commissioner must grant it without requiring the 29 prospective juror to appear at court. 30 31 Rule 2.1006 amended effective July 1, 2026; adopted as rule 859 effective July 1, 2001; 32 renumbered effective January 1, 2007 33 34 Rule 2.1008. Excuses from jury service 35 36 (a)–(c) * * * 37 38 (

d) Reasons for excusing a juror because of undue hardship 39 40 An excuse on the ground of undue hardship may be granted for any of the 41 following reasons: 42 43 (1)–(2) * * * 44

(3) The prospective juror will bear an extreme financial burden. In determining 2 whether to excuse the prospective juror for this reason, consideration must be 3 given to: 4 5 (A)–(C) * * * 6 7 (

D) Whether service can reasonably be expected to compromise the 8 prospective juror’s ability to support himself or herself or his or her the 9 prospective juror or any dependents, or so disrupt the economic 10 stability of any individual as to be against the interests of justice. 11 12 (4)–(7) * * * 13 14 (Subd (

d) amended effective July 1, 2026; previously amended effective January 1, 2007.) 15 16 (

e) Excuse based on previous jury service 17 18 A prospective juror who has served on a grand or trial jury or was summoned and 19 appeared for jury service in any state or federal court during the previous 12 20 months must be excused from service on request. The jury commissioner, in his or 21 her discretion, may has discretion to establish a longer period of repose. 22 23 (Subd (

e) amended effective July 1, 2026; previously amended effective January 1, 2007.) 24 25 Rule 2.1008 amended effective July 1, 2026; adopted as rule 860 effective July 1, 1997; 26 previously amended and renumbered effective January 1, 2007. 27 28 Rule 2.1010. Juror motion to set aside sanctions imposed by default 29 30 (a)–(b) * * * 31 32 (

c) Judicial Council form may be used 33 34 A motion to set aside sanctions imposed by default may be made by completing 35 and filing Juror’s Motion to Set Aside Sanctions and Order (form MC-070 JURY- 36 010). 37 38 (Subd (

c) amended effective July 1, 2026; previously amended effective January 1, 2007.) 39 (d)–(g) * * * 40 41 Rule 2.1010 amended effective July 1, 2026; adopted as rule 862 effective January 1, 2005; 42 previously amended effective January 1, 2007, and January 1, 2010. 43

1 Rule 4.551. Habeas corpus proceedings 2 3 (

a) Petition; form and court ruling 4 5 * * * 6 7 (

b) Informal response 8 9

(1) Before passing on the petition, the court may request an informal response 10 from: 11 12 (

A) The respondent or real party in interest; or 13 14 (

B) The custodian of any record pertaining to the petitioner’s case, 15 directing the custodian to produce the record or a certified copy to be 16 filed with the clerk of the court. 17 18

(2) A copy of the request must be sent to the petitioner or, if represented, 19 petitioner’s counsel. 20 21

(3) The informal response, if any, must be served on the petitioner by the party 22 of whom the request is made. The informal response must be in writing and 23 must be served and filed within 15 days. If the petitioner is not represented by 24 counsel in the habeas corpus proceeding, the informal response must be 25 served on the petitioner. If the petitioner is represented by counsel in the 26 habeas corpus proceeding, the informal response must be served on the 27 petitioner’s counsel.

If any informal response is filed, the court must notify 28 the petitioner that he or she may a reply to the informal response may be filed 29 within 15 days from the date of service of the response on the petitioner or 30 counsel. If the informal response consists of records or copies of records, a 31 copy of every record and document furnished to the court must be furnished 32 to the petitioner or counsel. 33 34

(34) After receiving an informal response, the court may not deny the petition 35 until the petitioner has filed a timely reply to the informal response or the 15-36 day period provided for a reply under (b)(2) has expired. 37 38 (Subd (

b) amended effective July 1, 2026; adopted effective January 1, 2002; previously 39 amended effective January 1, 2007.) 40 41 (

c) Order to show cause 42 43

(1) Except as provided in (2), the court must issue an order to show cause if the 1 petitioner has made a prima facie showing that the petitioner is entitled to 2 relief. In doing so, the court takes petitioner’s factual allegations as true and 3 makes a preliminary assessment regarding whether the petitioner would be 4 entitled to relief if the petitioner’s factual allegations were proved. If so, the 5 court must issue an order to show cause. 6 7

(2) When a petition raises a claim under Penal Code

section 745(a), the court 8 must issue an order to show cause if the petitioner has made a prima facie 9 showing, which means that the petitioner has produced facts that, if true, 10 establish that there is a substantial likelihood that a violation of

section 11 745(

a) has occurred. A prima facie determination must be based on the 12 petitioner’s showing and the record. 13 14

(3) An order to show cause is a determination that the petitioner has made a 15 showing that they may be entitled to relief. It does not grant the relief sought 16 in the petition. 17 18 (Subd (

c) amended effective July 1, 2026; adopted effective January 1, 2002.; previously 19 amended effective January 1, 2007; and September 1, 2024.) 20 21 (

d) Appointment of counsel 22 23

(1) On issuing an order to show cause, the court must appoint counsel for any 24 unrepresented petitioner who desires but cannot afford counsel. 25 26

(2) When a petition raises a claim under Penal Code

section 745(

a) and requests 27 appointment of counsel, the court must appoint counsel if the petitioner 28 cannot afford counsel and either: the petition alleges facts that would 29 establish a violation of

section 745(

a) or 30 31 (

A) tThe State Public Defender requests that counsel be appointed.; or 32 Newly appointed counsel may amend a petition filed before their 33 appointment. 34 35 (

B) The petition pleads a plausible allegation of a violation of

section 36 745(a). This inquiry is limited to the facial sufficiency of the 37 allegations of the petition alone. 38 39

(2) Newly appointed counsel may amend a petition filed before their 40 appointment. 41 42

(3) On issuing an order to show cause, the court must appoint counsel for any 43 unrepresented petitioner who desires but cannot afford counsel. 44

1 (Subd (

d) amended effective July 1, 2026; adopted effective September 1, 2024.) 2 3 (e)–(i) * * * 4 5 Rule 4.551 amended effective July 1, 2026; adopted as rule 260 effective January 1, 1982; 6 previously renumbered as rule 4.500 effective January 1, 2001; previously amended and 7 renumbered effective January 1, 2002; previously amended effective January 1, 2004, January 1, 8 2007, January 1, 2009, January 22, 2019, and September 1, 2024. 9 10 Advisory Committee Comment 11 12 Except for claims raising a violation of Penal Code

section 745(

a) that are addressed in 13 subdivision (d)(1), the court must appoint counsel on the issuance of an order to show cause. (In 14 re Clark (1993) 5 Cal.4th 750, 780 and People v. Shipman (1965) 62 Cal.2d 226, 231–232.) The 15 Court of Appeal has held that under Penal Code

section 987.2, counties bear the expense of 16 appointed counsel in a habeas corpus proceeding challenging the underlying conviction. 17 (Charlton v. Superior Court (1979) 93 Cal.App.3d 858, 862.) Penal Code

section 987.2 18 authorizes appointment of the public defender, or private counsel if there is no public defender 19 available, for indigents in criminal proceedings. 20 21 The issue of whether the prima facie showing for a petition for writ of habeas corpus under 22

section 1473(

e) is the same as in

section 745(h)(2) or defined in subdivision (c)(1) of this rule 23 (see In re Marquez (2007) 153 Cal.App.4th 1, 11) is unresolved. 24 25 Subdivision (a)(4) and (7). * * * 26 27 Subdivision (b). As in other cases, when considering a petition raising a claim under Penal Code 28

section 745(a), the court may request an informal response from the state. In addition, for claims 29 under Penal Code

section 745(a), the court should consider simultaneously appointing counsel for 30 an unrepresented petitioner under the standards of

section 1473(e)(5). 31 32 Subdivision (d). The standard set out in paragraph (1)(

B) is to be construed as a minimal 33 pleading requirement consistent with the Legislature’s statement of intent in Assembly Bill 1071 34 (Stats. 2025, ch. 721). 35 36 37 Rule 5.605. Emancipation of minors 38 39 (

a) Petition 40 41 A petition for declaration of emancipation of a minor must be submitted on Petition 42 for Declaration of Emancipation of Minor, Order Prescribing Notice, Declaration 43

of Emancipation, and Order Denying Petition (form MC-300 EM-100). Only the 1 minor may petition the court for emancipation, and the petition may be filed in the 2 county in which the minor can provide a verifiable residence address. The 3 petitioner must complete and attach to the petition Emancipation of Minor—Income 4 and Expense Declaration (form MC-306 EM-115). 5 6 (Subd (

a) amended effective July 1, 2026; previously amended effective January 1, 2007.) 7 8 (b)–(g) * * * 9 10 Rule 5.605 amended effective July 1, 2026; adopted as rule 1437 effective July 1, 1994; 11 previously amended effective January 1, 199; previously amended and renumbered effective 12 January 1, 2007 13 14 Rule 5.710. Six-month review hearing 15 16 (

a) Determinations and conduct of hearing (§§ 364, 366, 366.1, 366.21) 17 18 At the hearing, the court and all parties must comply with all relevant requirements 19 and procedures in rule 5.708, General review hearing requirements. The court must 20 make all appropriate findings and orders specified in rule 5.708 and proceed under 21

section 366.21(

e) and (g), and as follows: 22 23

(1) Order return of the child or find that return would be detrimental 24 25 If the child is returned, the court may order the termination of dependency 26 jurisdiction or order continued dependency services and set a review hearing 27 within 6 months. 28 29

(2) Place with noncustodial parent 30 31 If the court has previously placed or at this hearing places the child with a 32 noncustodial parent, the court must follow the procedures in rule 5.708 (g) 33 5.708(

h) and

section 361.2. 34 35 (3)–(4) * * * 36 37 Subd (

a) amended effective July 1, 2026; repealed and adopted as subd (d); relettered as 38 subd (

e) effective January 1, 1992; previously amended effective January 1, 1999, July 1, 39 1999, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, January 1, 2007, 40 and January 1, 2018; previously amended and relettered as subd (

b) effective January 1, 41 2010, and as subd (

a) effective January 1, 2017.) 42 43

(b) * * * 1 2 Rule 5.710 amended effective July 1, 2026; adopted as rule 1460 effective January 1, 1990; 3 previously amended and renumbered effective January 1, 2007; previously amended effective 4 January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, 5 July 1, 1999, January 1, 2000, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, 6 January 1, 2006, January 1, 2010, January 1, 2011, January 1, 2014, January 1, 2015, January 7 1, 2017, and January 1, 2018. 8 9 Rule 5.715. Twelve-month permanency hearing 10 11 (a) * * * 12 13 (

b) Determinations and conduct of hearing (§§ 309(e), 361.5, 366, 366.1, 366.21) 14 15 At the hearing, the court and all parties must comply with all relevant requirements 16 and procedures in rule 5.708, General review hearing requirements. The court must 17 make all appropriate findings and orders specified in rule 5.708 and proceed under 18

section 366.21(

f) and (g), and as follows: 19 20

(1) The requirements in rule 5.708 (c) 5.708(

c) must be followed in entering a 21 reasonable services finding. 22 23

(2) If the court has previously placed or at this hearing places the child with a 24 noncustodial parent, the court must follow the procedures in rule 5.708 (g) 25 5.708(

h) and

section 361.2. 26 27 (3)–(5) * * * 28 29 (Subd (

b) amended effective July 1, 2026; repealed and adopted as subd (c)(2); previously 30 amended and relettered as subd (

c) effective July 1, 1999, as subd (

d) effective January 1, 31 2002, as subd (

c) effective January 1, 2001, and as subd (

b) effective January 1, 2010; 32 previously amended effective January 1, 1992, January 1, 1993, January 1, 1995, July 1, 33 1995, July 1, 1997, January 1, 1999, January 1, 2004, January 1, 2005, January 1, 2007, 34 July 1, 2010, January 1, 2014, January 1, 2017, and January 1, 2018.) 35 36 Rule 5.715 amended effective July 1, 2026; adopted as rule 1461 effective January 1, 1990; 37 previously amended and renumbered effective January 1, 2007; previously amended effective 38 January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, July 1, 1997, 39 January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, January 1, 2004, January 1, 40 2005, January 1, 2006, January 1, 2010, July 1, 2010, January 1, 2014, January 1, 2017, and 41 January 1, 2018. 42 43

Rule 5.720. Eighteen-month permanency review hearing 1 2 (

a) Determinations and conduct of hearing (§§ 309(e), 361.5, 366.22) 3 4 At the hearing the court and all parties must comply with all relevant requirements 5 and procedures in rule 5.708, General review hearing requirements. The court must 6 make all appropriate findings and orders specified in rule 5.708, and proceed under 7

section 366.22 and as follows: 8 9

(1) If the court has previously placed or at this hearing places the child with a 10 noncustodial parent, the court must follow the procedures in rule 5.708 (g) 11 5.708(

h) and

section 361.2. 12 13 (2)–(4) * * * 14 15 (Subd (

a) amended effective July 1, 2026; repealed and adopted as subd (b); previously 16 amended and relettered as subd (

c) effective January 1, 2005, and as subd (

b) effective 17 January 1, 2010, and as subd (

a) effective January 1, 2017; previously amended effective 18 July 1, 1991, January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, January 1, 19 1999, July 1, 1999, January 1, 2006, July 1, 2006, January 1, 2007, July 1, 2007, July 1, 20 2010, January 1, 2014, and January 1, 2015.) 21 22 Rule 5.720 amended effective July 1, 2026; repealed and adopted as rule 1462 effective January 23 1, 1990; previously amended and renumbered effective January 1, 2007; previously amended 24 effective July 1, 1991, January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 25 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, January 1, 2005, January 26 1, 2006, July 1, 2006, July 1, 2007, January 1, 2010, July 1, 2010, January 1, 2014, January 1, 27 2015, and January 1, 2017. 28 29 Rule 5.812.

Additional requirements for any hearing to terminate jurisdiction over 30 child in foster care and for status review or dispositional hearing for child 31 approaching majority (§§ 450, 451, 727.2(i)–(j), 778) 32 33 (a)–(c) * * * 34 35 (

d) Findings 36 37 (1) * * * 38 39

(2) At the review hearing held on behalf of a child approaching majority 40 described in (a)(1) and any hearing under (a)(2) or (a)(3) held on behalf of a 41 child more than 17 years, 5 months old and less than 18 years of age, in 42 addition to complying with all other statutory and rule requirements 43

applicable to the hearing, the court must make the following findings in the 1 written documentation of the hearing: 2 3 (A)–(H) * * * 4 5 (

I) Whether all the information, documents, and services in sections 391(e) 6

section 391(

h) were provided to the child, and whether the barriers to 7 providing any missing information, documents, or services can be 8 overcome by the date the child attains 18 years of age; and 9 10 (J) * * * 11 12 (Subd (

d) amended effective July 1, 2026; previously amended effective July 1, 2012, 13 January 1, 2014, and January 1, 2019.) 14 15 (e)–(f) * * * 16 17 Rule 5.812 amended effective July 1, 2026; adopted effective January 1, 2012; previously 18 amended effective July 1, 2012, January 1, 2014, January 1, 2016, and January 1, 2019. 19 20 Title 7. Probate Rules and Mental Health Rules 21 22 Division 2. Mental Health Rules 23 24

Chapter 2. CARE Act Rules 25 26

Article 2. Commencement Beginning of Proceedings 27 28 29 Rule 7.2221. Papers to be filed (§§ 5975, 5978) 30 31 (

a) Alternative petitions to begin CARE Act proceedings 32 33 A petition to commence begin CARE Act proceedings must be made on one of the 34 following: 35 36

(1) A Petition to Begin CARE Act Proceedings (form CARE-100) filed by any 37 person authorized to petition by

section 5974 or 5978; or, 38 39 (2) if the petitioner is a licensed behavioral health professional as defined in 40

section 5971(l), on A Petition to Begin CARE Act Proceedings by Licensed 41 Behavioral Health Professional Only (form CARE-102). filed by a licensed 42 behavioral health professional as defined in

section 5971(m); or 43

(3) A written referral under

section 5978 if the CARE Act court deems the 2 referral to be a petition as authorized by that section. 3 4 (Subd (

a) amended effective July 1, 2026; adopted July 1, 2025; previously amended 5 effective January 1, 2026.) 6 7 (b)–(c) * * * 8 9 Rule 7.2221 amended effective July 1, 2026; adopted September 1, 2023; previously amended 10 effective September 1, 2024, July 1, 2025, and January 1, 2026. 11 12 Rule 7.2223. Venue and transfer (§ 5973) 13 14 (

a) Filing 15 16 A petition to commence begin CARE Act proceedings may be filed in the superior 17 court of: 18 19

(1) The county where the respondent resides at the time of filing; 20 21

(2) The county where the respondent is found at the time of filing; or 22 23

(3) A county where the respondent is a defendant or respondent in a pending 24 criminal or civil action or proceeding. 25 26 (Subd (

a) amended effective July 1, 2026.) 27 28 (b) * * * 29 30 Rule 7.2223 amended effective July 1, 2026; adopted September 1, 2023. 31 32 33 34 Rule 7.2225. Persons who may file petition (§§ 5974, 5978) [Repealed] 35 36 (

a) Persons who may file petition 37 38 Any person identified in

section 5974 may file a petition to begin CARE Act 39 proceedings. If a petition is based on a referral authorized by

section 5978, only the 40 person designated in that

section may file the petition. 41 42

Rule 7.2225 repealed effective July 1, 2026; adopted September 1, 2023; previously amended 1 effective September 1, 2024. 2 3 Rule 7.2230. Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1)) 4 5 (a) * * * 6 7 (

b) Copy of petition 8 9 On appointment, the court must provide to counsel a copy of the petition packet to 10 appointed counsel. 11 12 (Subd (

b) amended effective July 1, 2026 13 14 (c) * * * 15 16 Rule 7.2230 amended effective July 1, 2026; adopted September 1, 2023: previously amended 17 effective September 1, 2024. 18 19 Rule 7.2235. Notice of proceedings (§§ 5977–5977.3, 5979) 20 21 (

a) Notice of order for report to augment petition (§ 5977(a)(3) & (4)) 22 23 (1–3) * * * 24 25

(4) Notice to the respondent and the respondent’s counsel must also include a 26 copy of the petition packet filed to begin the proceedings and Information for 27 Respondents— About the CARE Act (form CARE-060-INFO). 28 29 (5) * * * 30 31 (

b) Notice of initial appearance (§ 5977(a)(3)(A), (a)(5)(C)) 32 33 (1–2) * * * 34 35

(3) Notice to respondent 36 37 (A) * * * 38 39 (

B) Notice to the respondent must include copies of the following: 40 41 (

i) The petition packet filed to begin the proceedings; 42 43

(ii–iv) * * * 1 2

(4) Notice to respondent’s counsel 3 4 (A) * * * 5 6 (

B) Notice to the respondent’s counsel must include copies of the 7 following: 8 9 (

i) The petition packet filed to begin the proceedings ; and 10 11 (ii) Any report ordered under

section 5977(a)(3). 12 13 (5) * * * 14 15 (c–e) * * * 16 17 Rule 7.2235 amended effective July 1, 2026; adopted effective September 1, 2023; previously 18 amended effective July 1, 2025. 19 20 Title 8. Appellate Rules 21 22 Division 1. Rules Relating to the Supreme Court and Courts of Appeal 23 24

Chapter 1. General Provisions 25 26

Article 5. E-filing 27 28 Rule 8.74. Format of electronic documents 29 30 (

a) Formatting requirements applicable to all electronic documents 31 32 (1)–(4) * * * 33 34

(5) Size and multiple files: An electronic filing may not be larger than 25100 35 megabytes. This rule does not change the limitations on word count or 36 number of pages otherwise established by the California Rules of Court for 37 documents filed in the court. Although certain provisions in the California 38 Rules of Court require volumes of no more than 300 pages (see, e.g., rules 39 8.124(d)(1), 8.144(b)(6), 8.144(g)), an electronic filing may exceed 300 40 pages so long as its individual components comply with the 300-page volume 41 requirement and the electronic filing does not exceed 25100 megabytes. If a 42 document exceeds the 25100-megabyte file-size limitation, the electronic 43

filer must submit the document in more than one file, with each file 25100 1 megabytes or less. The first file must include a master chronological and 2 alphabetical index stating the contents for all files. Each file must have a 3 cover page stating (

a) the file number for that file and the total number of 4 files for that document, (

b) the volumes contained in that file, and (

c) the 5 page numbers contained in that file. (For example: File 2 of 4, Volumes 3–4, 6 pp. 301–499.) In addition, each file must be paginated consecutively across 7 all files in the document, including the cover pages for each file. (For 8 example, if the first file ends on page 300, the cover of the second file must 9 be page 301.) If a multiple-file document is submitted to the court in both 10 electronic form and paper form, the cover pages for each file must be 11 included in the paper documents. 12 13 (6)–(9) * * * 14 15 (Subd (

a) amended effective July 1, 2026.) 16 17 (b)–(d) * * * 18 19 Rule 8.74 amended effective July 1, 2026; adopted as rule 8.76 effective July 1, 2010; previously 20 amended and renumbered effective January 1, 2017; previously amended effective January 1, 21 2011, and January 1, 2020. 22 23 Rule 8.385. Proceedings after the petition is filed 24 25 (a)–(c) * * * 26 27 (

d) Order to show cause 28 29

(1) Except as provided in (2), if the petitioner has made the required prima facie 30 showing that he or she is entitled to relief, the court must issue an order to 31 show cause. In doing so, the court takes petitioner’s factual allegations as true 32 and makes a preliminary assessment regarding whether the petitioner would 33 be entitled to relief if the petitioner’s factual allegations were proved. If so, 34 the court must issue an order to show cause. 35 36

(2) When a petition raises a claim under

section 745(a), the court must issue an 37 order to show cause if the petitioner has made a prima facie showing, which 38 means that the defendant has produced facts that, if true, establish that there 39 is a substantial likelihood that a violation of

section 745(

a) occurred. A prima 40 facie determination must be based on the petitioner’s showing and the record. 41 42

(3) An order to show cause does not grant the relief sought in the petition. 43

1 (Subd (

d) amended effective July 1, 2026.) 2 3 (e)–(f) * * * 4 5 (

g) Appointment of counsel 6 7

(1) Except as provided in (2), if the return is ordered to be filed in the Supreme 8 Court or the Court of Appeal, the court in which the return is ordered filed 9 must appoint counsel for any unrepresented petitioner who desires but cannot 10 afford counsel. 11 12

(2) When a petition raises a claim under Penal Code

section 745(

a) and requests 13 appointment of counsel, the court must appoint counsel if the petitioner 14 cannot afford counsel and either the petition alleges facts that would establish 15 a violation of

section 745(

a) or: 16 17 (

A) The State Public Defender requests that counsel be appointed; or 18 19 (

B) The petition pleads a plausible allegation of a violation of

section 20 745(a). This inquiry is limited to the facial sufficiency of the 21 allegations of the petition alone. 22 23

(3) Newly appointed counsel may amend a petition filed before their 24 appointment. 25 (Subd (

g) amended effective July 1, 2026; adopted September 1, 2024.) 26 27 Rule 8.385 amended effective July 1, 2026; adopted effective January 1, 2009; previously 28 amended effective January 1, 2012, January 1, 2014, January 1, 2016, and September 1, 2024. 29 30 31 Advisory Committee Comment 32 33 Subdivision (a). * * * 34 35 Subdivision (b). As in other cases, when considering a petition raising a claim under Penal Code 36

section 745(a), the court may request an informal written response from the state. In addition, for 37 claims under Penal Code

section 745(a), the court should consider simultaneously appointing 38 counsel for an unrepresented petitioner under the standards of

section 1473(e)(5). 39 40 Subdivision (c). * * * 41 42 Subdivision (d). * * * 43 44

Subdivision (g). The standard set out in paragraph (2)(

B) is to be construed as a minimal 1 pleading requirement consistent with the Legislature’s statement of intent in Assembly Bill 1071 2 (Stats. 2025, ch. 721). 3 4 Standard 3.25. Examination of prospective jurors in civil cases 5 6 (

a) In general 7 8

(1) Methods and scope of examination 9 10 The examination of prospective jurors in a civil case may be oral, by written 11 questionnaire, or by both methods, and should include all questions necessary 12 to ensure the selection of a fair and impartial jury. The Juror Questionnaire 13 for Civil Cases (form MC-001 JURY-001) may be used. During any 14 supplemental examination conducted by counsel for the parties, the trial 15 judge should permit liberal and probing examination calculated to discover 16 possible bias or prejudice with regard to the circumstances of the particular 17 case. 18 19

(2) Examination by counsel 20 21 When counsel requests to be allowed to conduct a supplemental voir dire 22 examination, the trial judge should permit counsel to conduct such 23 examination without requiring prior submission of the questions to the judge 24 unless a particular counsel has demonstrated unwillingness to avoid the type 25 of examination proscribed in (f).

In exercising his or her sound discretion as 26 to regarding the form and subject matter of voir dire questions, the trial judge 27 should consider, among other criteria: (1) any unique or complex elements, 28 legal or factual, in the case, and (2) the individual responses or conduct of 29 jurors that may evince attitudes inconsistent with suitability to serve as a fair 30 and impartial juror in the particular case. Questions regarding personal 31 relationships of jurors should be relevant to the subject matter of the case. 32 33 (Subd (

a) amended effective July 1, 2026; previously amended effective January 1, 1974, 34 July 1, 1993, January 1, 2004, and January 1, 2007.) 35 36 (

b) Pre–voir dire conference 37 38 Before the examination the trial judge should, outside the prospective jurors’ 39 hearing and with a court reporter present, confer with counsel, at which time 40 specific questions or areas of inquiry may be proposed that the judge in his or her 41 their discretion may inquire of the jurors. Thereafter, the judge should advise 42 counsel of the questions or areas to be inquired into during the examination and 43 voir dire procedure. The judge should also obtain from counsel the names of the 44

witnesses whom counsel then plan to call at trial and a brief outline of the nature of 1 the case, including any alleged injuries or damages and, in an eminent domain 2 action, the respective contentions of the parties concerning the value of the property 3 taken and any alleged severance damages and special benefits. 4 5 (Subd (

b) amended effective July 1, 2026; previously amended effective January 1, 1974, 6 and January 1, 2007.) 7 8 (

c) Examination of jurors 9 10 Except as otherwise provided in (d), the trial judge’s examination of prospective 11 jurors should include the following areas of inquiry and any other matters affecting 12 their qualifications to serve as jurors in the case: 13 14

(1) To the entire jury panel after it has been sworn and seated: 15 16 I am now going to question the prospective jurors who are seated in the jury 17 box concerning their qualifications to serve as jurors in this case. All 18 members of this jury panel, however, should pay close attention to my 19 questions, making note of the answers you would give if these questions were 20 put to you personally. If and when any other member of this panel is called to 21 the jury box, the member will be asked to give his or her answers to answer 22 these questions. 23 24 (2)–(10) * * * 25 26

(11) Have any of you served as a juror in any other case? (If so, was it a civil or 27 criminal case?) You must understand that there is a basic difference between 28 a civil case and a criminal case.

In a criminal case a defendant must be found 29 guilty beyond a reasonable doubt; in a civil case such as this, you need only 30 find that the evidence you accept as the basis of your decision is more 31 convincing, and thus has the greater probability of truth, than the contrary 32 evidence. 33 34 In the following questions I will be using the terms “family,” “close friend,” 35 and “anyone with whom you have a significant personal relationship.” The 36 term “anyone with whom you have a significant personal relationship” means 37 a current or former spouse, domestic partner, life partner, former spouse, or 38 anyone with whom you have an influential or intimate relationship that you 39 would characterize as important. 40 41 (12)–(15) * * * 42 43

(16) When appropriate: 1 2 It may appear that The background or experiences of one or more of the 3 parties, witnesses, or attorneys come from a particular national, racial, or 4 religious group (or may have a lifestyle different than your own). may appear 5 to be different from yours related to their [ethnicity, religion, age, gender, 6 gender expression, gender identity, national origin, disability, race, sexual 7 orientation, socioeconomic status, or other personal characteristic]. Would 8 this in any way affect your judgment or the weight and credibility you would 9 give to their testimony or to their contentions? arguments? 10 11 (17)–(19) * * * 12 13

(20) Each of you should now state your: 14 15 (

A) Name; (or Juror ID number); 16 17 (

B) Children’s ages and the number of children, if any; 18 19 (

C) Occupation; 20 21 (

D) Occupational history; and 22 23 (

E) Present employer; 24 25 And for your spouse or anyone with whom you have a significant personal 26 relationship, their: 27 28 (

F) Names; 29 30 (G) (

F) Occupations; 31 32 (H) (

G) Occupational histories; and 33 34 (I) (

H) Present employers. 35 36 Please begin with juror number one. 37 38 (21) * * * 39 40 (Subd (

c) amended effective July 1, 2026; adopted effective January 1, 1972; previously 41 amended effective January 1, 1974, January 1, 2004, and January 1, 2007.) 42 43

(

d) Examination of jurors in eminent domain cases 1 In eminent domain cases, the trial judge’s examination of prospective jurors should 2 include, in the areas of inquiry in (c)(1) through (c)(12), the following matters, and 3 any other matters affecting their qualifications to serve as jurors in the case: 4 5 (1)–(6) * * * 6 7

(7) When appropriate: 8 9 It may appear that The background or experiences of one or more of the 10 parties, witnesses, or attorneys come from a particular national, racial, or 11 religious group (or may have a lifestyle different from your own). may appear 12 to be different from yours related to their [ethnicity, religion, age, gender, 13 gender expression, gender identity, national origin, disability, race, sexual 14 orientation, socioeconomic status, or other personal characteristic]. Would 15 this in any way affect your judgment or the weight and credibility you would 16 give to their testimony or contentions? arguments? 17 18 (8)–(12) * * * 19 20

(13) The Constitution of this state requires that a property owner be paid just 21 compensation for the taking (or damaging) of his or her the owner’s property 22 for public use. It will be the duty of the jury ultimately selected in this case to 23 determine the just compensation to be paid. 24 25 (14)–(25) * * * 26 27

(26) In a condemnation case the property owner produces all of his or her 28 evidence of value first, then the government calls its witnesses. Having this in 29 mind, will you keep your mind open throughout all the case and not 30 determine the matter in your mind until all of the evidence is in? 31 32 (27) * * * 33 34

(28) Each of you should now state your: 35 36 (

A) Name; (or Juror ID number); 37 38 (

B) Children’s ages and number of children, if any; 39 40 (

C) Occupation; 41 42 (

D) Occupational history; and 43 44

(

E) Present employer; 1 2 And for your spouse or anyone with whom you have a significant personal 3 relationship, their: 4 5 (

F) Names; 6 7 (G) (

F) Occupations; 8 9 (H) (

G) Occupational histories; and 10 11 (I) (

H) Present employers. 12 13 Please begin with juror number one. 14 15 (29)–(30) * * * 16 17 (Subd (

d) amended effective July 1, 2026; adopted effective January 1, 1974; previously 18 amended effective January 1, 1989, January 1, 2004, and January 1, 2007.) 19 20 (e) * * * 21 22 (

f) Improper questions 23 24 When any counsel examines the prospective jurors, the trial judge should not 25 permit counsel to attempt to precondition the prospective jurors to a particular 26 result or allow counsel to comment on the personal lives and families of the parties 27 or their attorneys. Nor should the trial judge allow counsel to question the jurors 28 concerning the pleadings, the applicable law, the meaning of particular words and 29 phrases, or the comfort of the jurors, except in unusual circumstances, where, 30 when, in the trial judge’s sound discretion, such questions become are necessary to 31 insure ensure the selection of a fair and impartial jury. 32 33 (Subd (

f) amended effective July 1, 2026; previously amended effective January 1, 1974, 34 and January 1, 2007.) 35 36 Standard 3.25 amended effective July 1, 2026; adopted as

Sec. 8 effective January 1, 1972; 37 previously amended effective January 1, 1974, January 1, 1989, July 1, 1993, and January 1, 38 2004; previously amended and renumbered effective January 1, 2007. 39 40 Standard 4.10. Guidelines for adult collaborative treatment courts diversion drug 41 court programs 42 43

(

a) Minimum components 1 2

(1) The components specified in this standard should be included as minimum 3 requirements in any pre–plea diversion drug program developed under Penal 4 Code

section 1000.5. adult collaborative treatment courts. 5 6

(2) Adult collaborative treatment courts are evidence -based, postadjudication 7 courts that provide an alternative to traditional criminal justice case 8 processing. Adult collaborative treatment courts may include adult drug 9 courts, impaired driving treatment courts, family treatment courts, and 10 veterans treatment courts. 11 12 (Subd (

a) amended effective July 1, 2026; previously amended effective January 1, 2007.) 13 14 (

b) Early entry Adult collaborative treatment court participants 15 16 Eligible participants should be identified early and enter into a supervision and 17 treatment program promptly. 18 19

(1) A declaration of eligibility should be filed by the district attorney no later 20 than the date of the defendant’s first appearance in court. 21 22

(2) Participants designated as eligible by the district attorney should be ordered 23 by the assigned drug court judge to report for assessment and treatment 24 supervision within five days of the first court appearance. 25 26

(1) Adult collaborative treatment courts should serve a high-risk and high-need 27 target population. 28 29

(2) Adult collaborative treatment courts may serve participants with lower risk or 30 need levels. Adult collaborative treatment courts that serve more than one 31 risk or need level should develop alternative treatment and service tracks. 32 33

(3) Adult collaborative treatment court candidates should be identified early. 34 Those determined eligible for participation should be accepted and placed 35 into an adult collaborative treatment court promptly. 36 37 (Subd (

b) amended effective July 1, 2026.) 38 39 (

c) Treatment and social services 40 41 Participants should be given access to a continuum of treatment and rehabilitative 42 social services that are responsive to their individual needs. 43

(1) The county drug program administrator should specify and certify 2 appropriate drug treatment programs under Penal Code

section 1211. 3 4

(2) The certified treatment programs should provide a minimum of two levels of 5 treatment services to match participants to programs according to their needs 6 for treatment, recognizing that some divertees may be at the stage of 7 experimenting with illicit drugs while others may be further along in the 8 addiction’s progression. 9 10

(3) Each Treatment levels should be divided into phases in order a phase 11 structure to provide periodic reviews of treatment progress and address 12 participant needs in an effective sequence. Each phase may vary in length. It 13 should be recognized that a participant is expected to progress in treatment 14 but may relapse. Most participants, however, should be able to successfully 15 complete the treatment program within 12 months. 16 17 (4)

(2) Each pre–plea diversion drug court program Adult collaborative 18 treatment courts should have an assessment component to ensure that 19 participants are initially screened and then periodically assessed by treatment 20 personnel to ensure that appropriate treatment and social services are 21 provided and to monitor the participants’ progress through the phases. 22 23

(5) Treatment services should include educational and group outpatient 24 treatment. Individual counseling, however, should be made available in 25 special circumstances if an assessment based on acceptable professional 26 standards indicates that individual counseling is the only appropriate form of 27 treatment. Referrals should be made for educational and vocational 28 counseling if it is determined to be appropriate by the judge. 29 30 (Subd (

c) amended effective July 1, 2026; previously amended effective January 1, 2007.) 31 32 (

d) Monitoring 33 34 Abstinence from and use of drugs should be monitored by frequent drug testing. 35 Abstinence from and use of controlled substances should be monitored and tested 36 at the frequency determined necessary by the adult collaborative treatment court 37 based on each participant’s behavior and needs. 38 39

(1) Alcohol and other drug (AOD) testing is essential and should be mandatory 40 in each pre–plea diversion drug court program to monitor participant 41 compliance. 42 43

(2) Testing may be administered randomly or at scheduled intervals, but should 1 occur no less frequently than one time per week during the first 90 days of 2 treatment. 3 4

(3) The probation officer and court should be immediately notified when a 5 participant has tested positive, has failed to submit to AOD testing, or has 6 submitted an adulterated sample. In such cases, an interim hearing should be 7 calendared and required as outlined in (e)(4). 8 9

(4) Participants should not be considered to have successfully completed the 10 treatment program unless they have consistently had negative test results for 11 a period of four months. 12 13 (Subd (

d) amended effective July 1, 2026; previously amended effective January 1, 2007.) 14 15 (

e) Judicial supervision 16 17 There should be early and frequent judicial supervision of each diversion drug 18 court participant. Adult collaborative treatment courts should provide early and 19 ongoing judicial supervision, at a frequency consistent with the needs of each 20 participant. 21 22

(1) Each participant should appear in court before a specifically assigned 23 diversion drug court judge within 30 days after the first court appearance. At 24 this time the participant should provide proof of registration, proof of 25 completion of assessment, proof of entry into a specific treatment program, 26 and initial drug test results. 27 28

(2) The second drug court appearance should be held no later than 30 days after 29 the first drug court appearance. The third drug court appearance should be 30 held no later than 60 days after the second drug court appearance. 31 32

(3) A final drug court appearance should be required no sooner than 12 months 33 from entry into treatment unless continued treatment is found to be 34 appropriate and necessary. 35 36

(4) Interim drug court appearances should be required within one week of the 37 following: positive drug test results, failure to test, adulterated test, or failure 38 to appear or participate in treatment. 39 40

(5) At each drug court appearance, the judge should receive a report of the 41 participant’s progress in treatment and drug test results and should review, 42

monitor, and impose rewards and sanctions based on the participant’s 1 progress or lack of progress. 2 3 (Subd (

e) amended effective July 1, 2026.) 4 5 (

f) Sanctions, and incentives, and service adjustments 6 7 The drug court responds Adult collaborative treatment courts should respond 8 directly to each participant’s compliance or noncompliance behavior with 9 graduated sanctions, or incentives, or service adjustments. 10 11

(1) A clear regimen of incentives and sanctions should be established and 12 implemented at each court hearing to support each participant’s adherence to 13 adult collaborative treatment court goals and conditions. 14 15

(2) The suggested range of incentives should be as follows: 16 17 (

A) Encouragement; 18 19 (

B) Advancement to next treatment phase; 20 21 (

C) Reduction in diversion program fees (other than state- mandated fees); 22 23 (

D) Completion of treatment and required court appearances and shortening 24 of the term of diversion; and 25 26 (

E) Other incentives the court may deem necessary or appropriate. 27 28

(3) The suggested range of sanctions should be as follows: 29 30 (

A) Demotion to earlier treatment phase; 31 32 (

B) Increased frequency of testing, supervision, or treatment requirements; 33 34 (

C) Graduated length of incarceration for violating diversion order to 35 abstain from use of illegal drugs and for nonparticipation in treatment; 36 and 37 38 (

D) Reinstatement of criminal proceedings. 39 40 Service adjustments should be provided when necessary to support a 41 participant in achieving program goals and conditions. Service adjustments 42 should not be used as incentives or sanctions. Service adjustments may 43

include, but are not limited to, supervision adjustments, treatment 1 adjustments, and learning adjustments. 2 3

(3) Adult collaborative treatment courts may establish additional responses to 4 behaviors to address participant and court needs. 5 6

(4) A participant Adult collaborative treatment courts should hold a hearing to 7 determine whether a participant facing possible unsuccessful discharge 8 should be terminated from the pre–plea diversion drug court, adult 9 collaborative treatment court and criminal proceedings should be reinstated. , 10 if the drug court judge, after a hearing, makes a final and specific finding and 11 determination at any time during the period of diversion that the participant 12 has: 13 14 (

A) Not performed satisfactorily in treatment; 15 16 (

B) Failed to benefit from education, treatment, or rehabilitation; 17 18 (

C) Been convicted of a misdemeanor that reflects the participant’s 19 propensity for violence; or 20 21 (

D) Engaged in criminal conduct rendering him or her unsuitable for 22 continued treatment. 23 24 (Subd (

f) amended effective July 1, 2026; previously amended effective January 1, 2007.) 25 26 (

g) National standards 27 28 In addition to meeting the minimum guidelines provided in this standard, courts are 29 encouraged to look to the nationally accepted guidelines, Defining Drug Courts: 30 The Key Components, developed by the National Association of Drug Court 31 Professionals in cooperation with the Department of Justice, for further and 32 detailed guidance in developing an effective diversion drug court program. 33 34 Diversity, equity, and inclusion 35 36

(1) Adult collaborative treatment courts should ensure equitable access, services, 37 and outcomes for all sociodemographic and sociocultural groups. 38 39

(2) Adult collaborative treatment court staff and service providers are 40 encouraged to reflect the sociodemographic characteristics or sociocultural 41 identities of adult collaborative treatment court candidates and participants. 42 43

(Subd (

g) amended effective July 1, 2026; previously amended effective January 1, 2007.) 1 2 Standard 4.10 amended effective July 1, 2026; adopted as

sec. 36 effective January 1, 1998; 3 previously amended and renumbered effective January 1, 2007. 4 5 Advisory Committee Comment 6 7 Subdivision (a). In addition to the components identified in this standard, Health and Safety 8 Code

section 11972(

a) specifies requirements and components for the design and operation of an 9 adult collaborative treatment court. 10 11 Standard 4.30. Examination of prospective jurors in criminal cases 12 13 (

a) In general 14 15 (1) * * * 16 17

(2) The examination of prospective jurors in a criminal case should include all 18 questions necessary to insure ensure the selection of a fair and impartial jury. 19 20 (3) * * * 21 22 (Subd (

a) amended effective July 1, 2026; previously amended effective January 1, 1988, 23 January 1, 1990, June 6, 1990, January 1, 2006., and January 1, 2007) 24 25 (

b) Examination of jurors 26 27 The trial judge’s examination of prospective jurors in criminal cases should include 28 the areas of inquiry listed below and any other matters affecting their qualifications 29 to serve as jurors in the case. The trial judge may want to use the Juror 30 Questionnaire for Criminal Cases (form JURY-002) to assist in the examination of 31 prospective jurors. Form JURY-002 is an optional form and is not intended to 32 constitute the complete examination of prospective jurors.

Form JURY-002 is a 33 tool for trial judges to use to make the initial examination of prospective jurors 34 more efficient. If the court chooses to use form JURY-002, its use and any 35 supplemental questions submitted by counsel must be discussed at the pre-voir pre–36 voir dire conference required by rule 4.200. Excusing jurors based on questionnaire 37 answers alone is generally not advisable. 38 39 (1)–(2) * * * 40 41

(3) At this point the court may wish to submit any juror questionnaire that has 42 been developed to assist in voir dire. The court should remind panel members 43 that their answers on the questionnaire are given under penalty of perjury. In 44

addition, if a questionnaire is used, the court and counsel may wish to 1 question individual prospective jurors further based on their responses to 2 particular questions, and a procedure for doing so should be established at 3 the pre–voir dire conference.

Therefore, it may not be necessary to ask all of 4 the prospective jurors questions 5 through 25 that follow, although the text 5 may assist the court with following up with individual jurors about answers 6 given on the questionnaire. 7 8 To the entire jury panel: 9 10 I am now going to question the prospective jurors who are seated in the jury 11 box concerning their qualifications to serve as jurors in this case. All the 12 remaining members of this jury panel, however, should pay close attention to 13 my questions, making note of the answers you would give if these questions 14 were put to you personally.

If and when any other member of this panel is 15 called to the jury box, he or she the member will be asked to answer these 16 questions. 17 18 (4)–(5) * * * 19 20

(6) Ladies and gentlemen Members of the jury: This is a criminal case entitled 21 The People of the State of California v. __________. The (defendant 22 is)(defendants are) seated __________. 23 24 (A) (Mr.) (Ms.) (Name of defendant), please stand and face the prospective 25 jurors in the jury box and in the audience seats. (Defendant complies.) 26 Is there any member of the jury panel who is acquainted with the 27 defendant or who may have heard (his)(her) the name (name of 28 defendant) before today? If your answer is yes, please raise your hand. 29 30 31 (

B) The defendant, ____________, is represented by (his)(her) an attorney, 32 __________, who is seated _________. (Mr.)(Ms.) (Name of defense 33 attorney), would you please stand? Is there any member of the jury 34 panel who knows or who has seen (Mr.)(Ms.) __________ (name of 35 defense attorney) before today? 36 37 (C) (If there is more than one defendant, repeat (

a) and (

b) for each 38 codefendant.) 39 40

(7) The People are represented by __________, Deputy District Attorney, who is 41 seated _________. (Mr.)(Ms.) (Name of district attorney), would you please 42 stand? Is there any member of the jury panel who knows or who has seen 43 (Mr.)(Ms.) _________ (name of district attorney) before today? 44

(8) The defendant is charged by an (information)(indictment) filed by the district 2 attorney with having committed the crime of __________, in violation of 3

section _____ of the ________ Code, _______ Code

section _____, it being 4 alleged that on or about _______ in the County of _________, the defendant 5 did (describe the offense). To (this charge)(these charges) the defendant has 6 pleaded not guilty, and the jury will have to decide whether the defendant’s 7 guilt has been proved beyond a reasonable doubt. Having heard the charge(s) 8 that (has)(have) been filed against the defendant, is there any member of the 9 jury panel who feels that he or she cannot unable to give this defendant a fair 10 trial because of the nature of the charge(

s) against (him)(her)? 11 12 (9)–(12) * * * 13 14

(13) How many of you have served previously as jurors in a criminal case? 15 16 To each person whose hand is raised: 17 18 (A) (Mr.)(Ms.) __________(or Juror (Name or Juror ID number), you 19 indicated you have been a juror in a criminal case. What were the 20 charges in that case? (Response.) 21 22 (

B) Do you feel you can put aside whatever you heard in that case and 23 decide this case on the evidence to be presented and the law as I will 24 state it to you? (Response.) 25 26

(14) May I see the hands of those jurors who have served on civil cases, but who 27 have never served on a criminal case? (Response.) You must understand that 28 there are substantial differences in the rules applicable to the trial of criminal 29 cases from those applicable to the trial of civil cases. This is particularly true 30 respecting the burden of proof that is placed on the People. In a civil case we 31 say that the plaintiff must prove (his)(her) the case by a preponderance of the 32 evidence.

In a criminal case, the defendant is presumed to be innocent, and 33 before (he)(she) may be found guilty for the jury to make a finding of guilt, 34 the People must prove (his)(her) the defendant’s guilt beyond a reasonable 35 doubt. If the jury has a reasonable doubt, the defendant must be acquitted. 36 Will each of you be able to set aside the instructions that you received in your 37 previous cases and try this case on the instructions given by me in this case? 38 39

(15) The fact that the defendant is in court for trial, or that charges have been 40 made against (him)(her) has been charged, is no evidence whatever 41 whatsoever of (his)(her) guilt. The jurors are to consider only evidence 42 properly received in the courtroom in determining whether the defendant’s 43

guilt has been proved beyond a reasonable doubt. The defendant has entered 1 a plea of “not guilty,” which is a complete denial, making it necessary for the 2 People, acting through the district attorney, to prove beyond a reasonable 3 doubt the case against the defendant.

If the evidence does not convince you 4 of the truth of the charges beyond a reasonable doubt, the defendant is 5 entitled to a verdict of not guilty. 6 7 In the following questions I will be using the terms “relative,” “close friend,” 8 and “anyone with whom you have a significant personal relationship.” The 9 term “anyone with whom you have a significant personal relationship” means 10 a current or former spouse, domestic partner, life partner, former spouse, or 11 anyone with whom you have an influential or intimate relationship that you 12 would characterize as important. 13 14 (16)–(19) * * * 15 16

(20) When appropriate: 17 18 It may appear that The background or experiences of one or more of the 19 parties, attorneys, or witnesses come from a particular national, racial, or 20 religious group (or may have a lifestyle different from your own). may appear 21 to be different from yours related to their [ethnicity, religion, age, gender, 22 gender expression, gender identity, national origin, disability, race, sexual 23 orientation, socioeconomic status, or other personal characteristic]. Would 24 this in any way affect your judgment or the weight and credibility you would 25 give to their testimony or arguments? 26 27 (21)–(26) * * * 28 29

(27) If a new prospective juror is seated, the court should ask him or her: that 30 juror: 31 32 (

A) Have you heard my questions to the other prospective jurors? 33 34 (

B) Have any of the questions I have asked raised any doubt in your mind 35 as to about whether you could be a fair and impartial juror in this case? 36 37 (

C) Can you think of any other reason why you might not be able to try this 38 case fairly and impartially to both the prosecution and defendant, or 39 why you should not be on this jury? 40 41 (

D) Give us the personal information requested concerning your 42 occupation, that of your spouse or anyone with whom you have a 43

significant personal relationship, that of your adult children, and your 1 prior jury experience. 2 3 (Thereupon, as to for each new juror seated, the court must permit counsel to 4 ask supplemental questions, and proceed with challenges as above.) 5 6 (Subd (

b) amended effective July 1, 2026; adopted as subd (

c) effective July 1, 1974; 7 amended and relettered effective June 6, 1990; previously amended effective January 1, 8 1997, January 1, 2004, January 1, 2006, January 1, 2007, and January 1, 2023.) 9 10 (c) * * * 11 12 Standard 4.30 amended effective July 1, 2026; adopted as

sec. 8.5 July 1, 1974; previously 13 amended effective January 1, 1988, January 1, 1990, June 6, 1990, January 1, 1997, January 1, 14 2004, January 1, 2006, and January 1, 2023; previously amended and renumbered as standard 15 4.30 effective January 1, 2007 16 17 Title 10. Standards for Judicial Administration 18 19 Standard 10.22. Gender-inclusive practices for juror identification and juror 20 questionnaires 21 22 (

a) Statement of purpose 23 24 Consistent with the court’s duty to prevent bias, as described in standard 10.20, and 25 to ensure the inclusivity of juror identification and any juror questionnaire under 26 Code of Civil Procedure

section 205(e), the court, its judicial officers, and its 27 employees should use gender-inclusive language on juror questionnaires and in 28 written and oral communications directed to jurors. For the purpose of this 29 standard, “juror” includes a prospective juror. 30 31 (

b) Recommended practices 32 33

(1) The court, its judicial officers, and its employees should use gender- neutral 34 language in general materials and communications directed to jurors 35 whenever applicable. 36 37

(2) To avoid making assumptions about gender, the court, its judicial officers, 38 and its employees should not use gender-specific honorifics or pronouns to 39 identify or refer to a juror who has not indicated the honorific or pronouns 40 that the juror uses. 41 42

(3) The court, its judicial officers, and its employees should avoid seeking 43 information about the gender of a juror or a relevant individual associated 44

with the juror (a family member, friend, or person with whom the juror has a 1 significant personal relationship) when such information is not necessary or 2 relevant to the proper exercise of the court’s adjudicatory or administrative 3 functions. 4 5

(4) When the court seeks information about the gender of a juror or an associated 6 individual to properly carry out its adjudicatory or administrative functions, 7 the court should allow the juror to indicate their gender identity or gender 8 expression, as applicable. To assist a juror who has privacy concerns with 9 disclosing such information, the court should, whenever possible, either 10 specify that responding to a question about gender is optional or provide a 11 “decline to state” option. 12 13 (

A) When a question about gender provides multiple responses to choose 14 from, the question should allow for multiple options to be selected 15 (e.g., “select all that apply”). 16 17 (

B) When a question about gender provides multiple options to choose 18 from (e.g., man, nonbinary, woman), including a write-in response 19 option, the accompanying text for the write-in option, if included, 20 should use phrases like “prefer to self-identify” or “identify as” and 21 avoid phrases like “other” or “none of the above.” 22 23 Standard 10.22 adopted effective July 1, 2026. 24

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 2.571
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	7a193735f86c4601d16eae57686a1f1b3f32c8fb

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