AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 Rule 1.3. Authority ......................................................................................... 2 Rule 1.4. Contents of the rules........................................................................ 2 Rule 1.20. Filing.............................................................................................. 2 4 5 6 Rule 1.200. Format of citations ....................................................................... 4 Rule 2.111. Format of first page ..................................................................... 4 Rule 2.250.

Definitions ................................................................................... 5 Rule 2.253. Court order requiring electronic filing and service service or filing 7 .............................................................................................................. 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Rule 2.256. Responsibilities of electronic filer............................................... 6 Rule 2.257. Requirements for signatures on documents ................................ 7 Rule 2.259.

Actions by court on receipt of electronic filing............................ 7 Rule 2.260. Electronic service ........................................................................ 8 Rule 2.306. Service of papers by fax transmission....................................... 10 Rule 2.400. Court records ............................................................................. 12 Rule 2.503. Public access.............................................................................. 12 Rule 3.58. Hearing on application ................................................................ 13 Rule 3.60.

Confidentiality............................................................................. 14 Rule 3.300. Related cases ............................................................................. 14 Rule 3.512. Electronic submission of documents to the Chair of the Judicial Council..................................................................................... 15 Rule 3.670. Telephone appearance ............................................................... 15 Rule 3.722. Case management conference ................................................... 21 Rule 3.816.

Disqualification for conflict of interest ...................................... 21 Rule 3.823. Rules of evidence at arbitration hearing.................................... 22 Rule 3.867. Confidentiality of complaint procedures, information, and records .................................................................................................. 23 Rule 3.924. Certification and disclosure by referee...................................... 24 Rule 3.1113. Memorandum .......................................................................... 24 Rule 3.1203.

Time of notice to other parties ................................................ 25 Rule 3.1207. Personal appearance requirements .......................................... 26 Rule 3.1350. Motion for

summary judgment or

summary adjudication ...... 26 Rule 3.1380. Mandatory settlement conferences.......................................... 29 Rule 4.151. Motion for change of venue ...................................................... 30 Rule 5.10.

Definitions and use of terms........................................................ 30 Rule 5.240. Appointment of counsel to represent a child in family law proceedings 35 ................................................................................................. 31 36 Rule 5.241. Compensation of counsel appointed to represent a child in a family law proceeding 37 .......................................................................... 34 38 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings 39 .......................... 36 40 41 Rule 5.324. Telephone appearance in title IV-D hearings and conferences. 45 1

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. Rule 5.410. Request for sibling contact information under Family Code

section 9205 1 ................................................................................................ 46 2 3 4 Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding (Fam. Code, § 3105; Welf. & Inst. Code, § 364.4 362.4; Prob. Code, § 1602) ........................................................................................................ 50 5 6 Rule 5.480. Application (Fam. Code, §§ 170, 177, 3041; Prob. Code, § 1459.5; Welf. & Inst. Code, §§ 224, 224.1) 7 ............................................ 50 8 Rule 5.481.

Inquiry and notice (Fam. Code, §§ 177(a), 180; Prob. Code, §§ 1459.5(b), 1460.2; Welf. & Inst. Code, §§ 224.2, 224.3) 9 ...................... 51 10 Rule 5.482. Proceedings after notice (Fam. Code, §§ 177(a), 180(d), (e); Prob. Code, §§ 1459.5(b), 1460.2(d), (e); Welf. & Inst. Code, §§ 224.2(c), 11 (d); 25 U.S.C. § 1916(b)) 12 ............................................................................ 54 13 Rule 5.483. Transfer of case (Fam. Code, § 177(a); Prob. Code, § 1459.5(b); Welf. & Inst.

Code, § 305.5; Guidelines for State Courts; Indian Child 14 Custody Proceedings, 44 Fed.Reg. 67584 (Nov. 26, 1979) Bureau of 15 Indian Affairs Guideline C) 16 ........................................................................ 57 17 Rule 5.484. Placement of an Indian child (Fam. Code, § 177(a); Prob. Code, § 1459.5(b); Welf. & Inst. Code, §§ 361, 361.31, 361.7(c)) 18 .. 60 19 Rule 5.485. Termination of parental rights (Fam. Code, § 7892.5; Welf. & Inst. Code, §§ 361.7, 366.26(c)(2)(B)) 20 ......................................... 62 21 Rule 5.486. Petition to invalidate orders (Fam. Code, § 175(e); Prob.

Code, § 1459(e); Welf. & Inst. Code, § 224(e)) 22 .................................................... 63 23 24 25 26 27 28 Rule 5.487. Adoption record keeping (Fam. Code, § 9208)......................... 64 Rule 5.502.

Definitions and use of terms...................................................... 65 Rule 5.518. Court-connected child protection/dependency mediation......... 67 Rule 5.534. General provisions—all proceedings ........................................ 68 Rule 5.640. Psychotropic medications.......................................................... 70 29 30 Rule 5.650. Appointment of responsible adult as educational representative ........................................................................................................................ 75 31 Rule 5.651.

Educational rights of children before the juvenile court........... 85 32 33 34 35 36 37 38 39 Rule 5.664. Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) ............... 94 Rule 5.668. Commencement of hearing—explanation of proceedings (§§ 316, 316.2).......................................................................................... 107 Rule 5.695. Orders of the court................................................................... 108 Rule 5.726. Prospective adoptive parent designation (§ 366.26(n))............ 108 Rule 5.727.

Proposed removal (§ 366.26(n))............................................... 110 Rule 5.728. Emergency removal (§ 366.26(n)) ........................................... 111 Rule 5.790. Orders of the court................................................................... 113 Rule 7.10. Ex parte communications in proceedings under the probate code and certain other proceedings 40 ........................................ 113 41 2

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 Rule 7.207. Bonds of conservators and guardians...................................... 117 2 Rule 7.575. Accounts of conservators and guardians................................. 118 3 Former rule 7.756. Renumbered effective January 1, 2008........................ 120 4 Rule 7.756. Compensation of conservators and guardians......................... 120 5 Rule 7.756. 7.776. Compensation of trustees ............................................. 121 6 Rule 7.1009.

Standards of conduct for the guardian of the estate .............. 121 Rule 7.1012. The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian 7 ............................ 123 8 9 Rule 7.1013. Change of ward’s residence .................................................. 125 Rule 7.1015. Indian Child Welfare Act in guardianship and certain conservatorship proceedings (Prob. Code, §§ 1459.5, 1460.2) 10 ................ 127 11 12 Rule 7.1059. Standards of conduct for the conservator of the estate.......... 132 Rule 7.1062.

The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator 13 ........................ 136 14 15 16 17 18 19 20 Rule 7.1063. Change of conservatee’s residence ....................................... 138 Rule 8.32. Address and telephone number of record; notice of change ..... 141 Rule 8.100. Filing the appeal ...................................................................... 141 Rule 8.108. Extending the time to appeal................................................... 144 Rule 8.112.

Petition for writ of supersedeas............................................... 148 Former rule 8.120. Renumbered effective January 1, 2008........................ 149 21 Rule 8.120. Record on appeal..................................................................... 149 22 Rule 8.121. Notice designating the record on appeal ................................. 150 23 Rule 8.120. 8.122. Clerk’s transcript .......................................................... 152 24 Rule 8.123.

Record of administrative proceedings..................................... 154 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Rule 8.124. Appendixes instead of clerk’s transcript ................................. 155 Rule 8.128. Superior court file instead of clerk’s transcript....................... 159 Rule 8.130. Reporter’s transcript ................................................................ 159 Rule 8.134. Agreed statement..................................................................... 162 Rule 8.137.

Settled statement...................................................................... 163 Rule 8.140. Failure to procure the record ................................................... 164 Rule 8.144. Form of the record................................................................... 165 Rule 8.147. Record in multiple or later appeals in same case .................... 166 Rule 8.155. Augmenting and correcting the record.................................... 166 Rule 8.200. Briefs by parties and amici curiae ........................................... 167 Rule 8.204.

Contents and form of briefs..................................................... 168 Rule 8.208. Certificate of Interested Entities or Persons............................ 169 Rule 8.212. Service and filing of briefs ...................................................... 170 Rule 8.220. Failure to file a brief................................................................ 172 Rule 8.224. Transmitting exhibits............................................................... 173 Rule 8.272. Remittitur................................................................................. 174 41 Rule 8.276.

Costs and Sanctions................................................................. 174 3

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 4 Rule 8.278. Costs on appeal........................................................................ 178 1 2 3 4 Rule 8.308. Time to appeal ......................................................................... 180 Rule 8.320. Normal record; exhibits........................................................... 181 Rule 8.366. Hearing and decision in the Court of Appeal.......................... 181 Rule 8.386.

Remittitur in habeas corpus proceedings ................................ 182 5 6 7 8 9 10 11 12 Rule 8.400. Appeals in juvenile cases generally ........................................ 182 Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26................... 183 Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code

section 366.28 to review order designating specific placement of a dependent child after termination of parental rights ........ 184 Rule 8.490. Petitions for writ of mandate, certiorari, or prohibition .......... 185 Rule 8.499. Remittitur................................................................................. 188 13 14 15 Rule 8.520. Briefs by parties and amici curiae; judicial notice .................. 188 Rule 8.630. Briefs by parties and amici curiae ............................................ 188 Rule 8.631.

Applications to file overlength briefs in appeals from a judgment of death 16 ................................................................................... 190 17 18 19 20 21 22 23 Rule 8.1008. Transfer ................................................................................. 193 Rule 10.44. Probate and Mental Health Advisory Committee ................... 194 Rule 10.48. Court Executives Advisory Committee................................... 195 Rule 10.780.

Administration of alternative dispute resolution (ADR) programs.................................................................................................... 196 Rule 10.951. Duties of supervising judge of the criminal division ............ 196 Rule 10.960. Court self-help centers........................................................... 196 24 25 Standard 3.1. Appearance by telephone...................................................... 198 Standard 5.10.

Guidelines for determining payment for costs of appoi 26 nted counsel for children in family court..................................... 199 27 Standard 5.11. Guidelines for appointment of counsel for minors when time with or responsibility for the minor is disputed 28 ...................... 200 29

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 Rule 1.3. Authority The rules in the California Rules of Court are adopted by the Judicial Council of California under the authority of

article VI,

section 6, of the Constitution of the State of California, unless otherwise indicated. The rules in division 5 of title 8 and in title 9, and the Code of Judicial Ethics, were adopted by the Supreme Court. 6 7 8 9 10 11 12 13 14 15 16 Rule 1.3 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 1.4. Contents of the rules (a) * * * (b) * * * (

c) Code of Judicial Ethics 17 18 19 The California Rules of Court includes the Code of Judicial Ethics adopted 20 21 by the Supreme Court. (d)(c) * * * 22 23 24 25 (Subd (

c) relettered effective January 1, 2008; adopted as subd (

d) effective January 1, 2007.) (e)(d) * * * 26 27 28 29 30 31 32 33 34 (Subd (

d) relettered effective January 1, 2008; adopted as subd (

e) effective January 1, 2007.) Rule 1.4 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 1.20. Filing (

a) Effective date of filing 35 36 37 38 39 40 41 42 Unless otherwise provided, a document is deemed filed on the date it is received by the court clerk. (Subd (

a) lettered effective January 1, 2008; adopted as unlettered subd effective January 1, 2007.) 2

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. (

b) Protection of privacy 1 2

(1) Scope 3 4 5 The requirements of this subdivision that parties or their attorneys must 6 not include, or must redact, certain identifiers from documents or 7 records filed with the court do not apply to documents or records that by court order or operation of law are filed in their entirety either confidentially or under seal. 8 9 10

(2) Exclusion or redaction of identifiers 11 12 13 To protect personal privacy and other legitimate interests, parties and 14 their attorneys must not include, or must redact where inclusion is 15 necessary, the following identifiers from all pleadings and other papers 16 filed in the court’s public file, whether filed in paper or electronic form, 17 18 unless otherwise provided by law or ordered by the court: 19 (

A) Social security numbers. If an individual’s social security number 20 is required in a pleading or other paper filed in the public file, 21 22 only the last four digits of that number may be used. 23 (

B) Financial account numbers. If financial account numbers are 24 required in a pleading or other paper filed in the public file, only 25 26 the last four digits of these numbers may be used.

(3) Responsibility of the filer 27 28 29 The responsibility for excluding or redacting identifiers identified in 30 (b)(2) from all documents filed with the court rests solely with the 31 parties and their attorneys. The court clerk will not review each 32 33 pleading or other paper for compliance with this provision.

(4) Confidential reference list 34 35 36 If the court orders on a showing of good cause, a party filing a 37 document containing identifiers listed in (b)(2) may file, along with the 38 redacted document that will be placed in the public file, a reference list. 39 The reference list is confidential. A party filing a confidential reference list must use Confidential Reference List of Identifiers (form MC-120) 40 41 for that purpose. The confidential list must identify each item of 3

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 redacted information and specify an appropriate reference that uniquely 2 corresponds to each item of redacted information listed. All references 3 in the case to the redacted identifiers included in the confidential 4 reference list will be understood to refer to the corresponding complete 5 6 7 8 9 10 11 12 identifier. A party may amend its reference list as of right. (Subd (

b) adopted effective January 1, 2008.) Rule 1.20 amended effective January 1, 2008; adopted effective January 1, 2007.

Chapter 7. Form and Format of Papers 13 14 15 16 17

Chapter 7 adopted effective January 1, 2008. Rule 1.200. Format of citations 18 19 20 Citations to cases and other authorities in all documents filed in the courts must be in the style established by either the California Style Manual or The Bluebook: A 21 Uniform System of Citation, at the option of the party filing the document. The 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 same style must be used consistently throughout the document. Rule 1.200 adopted effective January 1, 2008. Rule 2.111. Format of first page The first page of each paper must be in the following form: (1)–(8) * * *

(9) On the complaint, petition, or applica tion filed in a limited civil case, below the character of the action or proceeding, the amount demanded in the complaint, petition, or application, stated as follows: “Amount demanded exceeds $10,000” or “Amount demanded does not exceed $10,000,” as required by Government Code

section 72055 70613. 37 38 39 40 41 42 (10)–(11) * * * Rule 2.111 amended effective January 1, 2008; adopted effective January 1, 2007. 4

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 Rule 2.250.

Definitions (1)–(2) * * *

(3) An “electronic filer” is a party filing a document in electronic form directly with the court 6 , by an agent, or through an electronic filing service provider. 7 8 9 10 (4)–(7) * * * 11 (8) “Electronic notification address” of a party means the electronic address at or 12 13 14 15 16 17 18 through which the party has authorized electronic service. Rule 2.250 amended effective January 1, 2008; adopted as rule 2050 effective January 1, 2003; previously amended effective January 1, 2006; previously amended and renumbered effective January 1, 2007. Rule 2.253. Court order requiring electronic filing and service service or 19 filing 20 21 22 23 (

a) Court order 24 The court may, on the motion of any party or on its own motion, after finding that such an order would not cause undue hardship or significant prejudice to any party, 25 order all parties to serve and file all documents 26 27 electronically in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403, after 28 29 finding that such an order would not cause undue hardship or significant 30 31 prejudice to any party. The court’s order may also provide that: to: 32

(1) Serve all documents electronically, except when personal service is 33 34 required by statute or rule; 35 36

(2) File all documents electronically; or 37

(3) Serve and file all documents electronically, except when personal 38 39 40 41 42 service is required by statute or rule. (Subd (

a) amended effective January 1, 2008; previously amended effective January 1, 2007.) 5

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. (

b) Additional provisions of order 1 2 3 4 5 6 7 The court’s order may also provide that: (1) * * *

(2) When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is 8 9 10 11 12 13 available electronically. (Subd (

b) relettered and amended effective January 1, 2008; adopted as part of subd (

a) effective January 1, 2003.) (b)(

c) Filing in paper form 14 15 16 17 When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or another means, a court may allow that party to serve, file, or serve and file the document in paper form. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (Subd (

c) relettered and amended effective January 1, 2008; adopted as subd (

b) effective January 1, 2003.) Rule 2.253 amended effective January 1, 2008; adopted as rule 2053 effective January 1, 2003; previously amended and renumbered effective January 1, 2007. Rule 2.256. Responsibilities of electronic filer (a) * * * (

b) Format of documents to be filed electronically A document that is filed electronically with the court must be in a format specified by the court unless it cannot be created in that format. The format adopted by a court must meet the following requirements: (1)–(2) * * *

(3) The printing of documents must not result in the loss of document text, format, or appearance. 6

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 If a document is filed electronically under the rules in this

chapter and cannot 2 be formatted to be consistent with a formatting rule elsewhere in the 3 4 5 6 7 8 9 10 11 12 13 14 15 16 California Rules of Court, the rules in this

chapter prevail. (Subd (

b) amended effective January 1, 2008; previously amended effective January 1, 2006.) Rule 2.256 amended effective January 1, 2008; adopted as rule 2056 effective January 1, 2003; previously amended effective January 1, 2006; previously amended and renumbered effective January 1, 2007. Rule 2.257. Requirements for signatures on documents (a)–(d) * * * (

e) Judicial signatures 17 18 19 If a document requires a signature by a court or a judicial officer, the 20 21 22 23 24 25 26 27 28 29 30 31 32 33 document may be electronically signed in any manner permitted by law. (Subd (

e) adopted effective January 1, 2008.) Rule 2.257 amended effective January 1, 2008; adopted as rule 2057 effective January 1, 2003; previously amended and renumbered effective January 1, 2007. Rule 2.259. Actions by court on receipt of electronic filing (

a) Confirmation of receipt and filing of document

(1) Confirmation of receipt 34 When a court receives an electronically submitted document directly from the filer and not through an electronic filing service provider, the court must promptly send the electronic filer confirmation of the court’s receipt of the document, indicating the date and time of receipt. 35 36 A 37 38 document is considered received at the date and time the confirmation 39 40 41 42 of receipt is created. (2)–(4) * * * 7

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (Subd (

a) amended effective January 1, 2008; previously amended effective January 1, 2007.) (b)–(f) * * * Rule 2.259 amended effective January 1, 2008; adopted as rule 2059 effective January 1, 2003; previously amended and renumbered effective January 1, 2007. Rule 2.260. Electronic service (

a) Consent to electronic service

(1) When a notice may be served by mail, express mail, overnight delivery, or fax transmission, electronic service of the notice is permitted when 15 16 17 authorized by these rules. 18 19 20 21 22

(2) A party indicates that he or she the party agrees to accept electronic service by: (A)–(B) * * * 23

(3) A party that has consented to electronic service under (2) and has used 24 an electronic filing service provider to file and serve documents in a 25 case consents to service on that electronic filing service provider as the 26 designated agent for service for the party in the case, until such time as 27 28 29 30 31 the party designates a different agent for service. (Subd (

a) amended effective January 1, 2008; previously amended effective January 1, 2007.) (

b) Maintenance of electronic service lists 32 33 34 By January 1, 2009, or before if possible, a court that permits electronic 35 filing in a case must maintain and make available electronically to the parties 36 an electronic service list that contains the parties’ current electronic 37 notification addresses, as provided by the parties that have filed 38 39 40 41 electronically in the case. (Subd (

b) adopted effective January 1, 2008.) 8

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. (

c) Service by the parties 1 2 3 Notwithstanding (b), parties are responsible for electronic service on all 4 other parties in the case. A party may serve documents electronically 5 directly, by an agent, or through a designated electronic filing service 6 7 8 9 provider. (Subd (

c) adopted effective January 1, 2008.) (

d) Change of electronic notification address 10 11 12

(1) A party whose electronic notification address changes while the action 13 or proceeding is pending must promptly file a notice of change of 14 address electronically with the court and must serve this notice 15 16 electronically on all other parties. 17

(2) A party’s election to contract with an electronic filing service provider 18 to electronically file and serve documents or to receive electronic 19 service of documents on the party’s behalf does not relieve the party of 20 21 its duties under (1). 22

(3) An electronic notification address is presumed valid for a party if the 23 party files electronic documents with the court from that address and 24 25 26 27 has not filed and served notice that the address is no longer valid. (Subd (

d) adopted effective January 1, 2008.) (b)(e) * * * 28 29 30 31 32 (Subd (

e) relettered effective January 1, 2008; adopted as subd (

b) effective January 1, 2003; previously amended effective January 1, 2007.) (c)(f) * * * 33 34 35 36 37 (Subd (

f) relettered effective January 1, 2008; adopted as subd (

c) effective January 1, 2003; previously amended effective January 1, 2007.) (

d) Change of electronic notification address 38 39 40

(1) A party whose electronic notificati on address changes while the action 41 or proceeding is pending must promptly file a notice of change of 9

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 address with the court electronically and must serve this notice on all 2 3 other parties. 4

(2) An electronic notification address is presumed valid for a party if the 5 party files electronic documents with the court from that address and 6 7 has not filed and served notice that the address is no longe r valid. (e)(g) * * * 8 9 10 11 12 13 14 15 16 17 18 19 20 (Subd (

g) relettered effective January 1, 2008; adopted as subd (

e) effective January 1, 2003; previously amended effective January 1, 2007.) Rule 2.260 amended effective January 1, 2008; adopted as rule 2060 effective January 1, 2003; previously amended and renumbered effective January 1, 2007. Rule 2.306. Service of papers by fax transmission (a) * * * (

b) Service lists 21 22

(1) Duties of first-named plaintiff or petitioner 23 24 25 In a case in which the parties have agreed to service by fax, the plaintiff 26 or petitioner named first in the complaint or petition, in addition to its 27 28 responsibilities under rule 3.254, must: 29 (

A) Maintain a current list of the parties that includes their fax numbers 30 31 for service of notice on each party; and 32 33 (

B) Furnish a copy of the list on request to any party or the court.

(2) Duties of each party 34 35 36 In a case in which the parties have agreed to service by fax, each party, 37 38 in addition to its responsibilities under rule 3.254, must: 39 (

A) Furnish the first-named plaintiff or petitioner with the party’s 40 current fax number for service of notice when it first appears in the 41 42 action; and 10

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (

B) If the party serves an order, notice, or pleading on a party that has 2 not yet appeared in the action, serve a copy of the service list under 3 4 5 6 (1) at the same time that the order, notice, or pleading is served. (Subd (

b) adopted effective January 1, 2008.) (b)(c) * * * 7 8 9 10 11 (Subd (

c) relettered effective January 1, 2008; adopted as subd (

b) effective January 1, 2007.) (c)(d) * * * 12 13 14 15 16 (Subd (

d) relettered effective January 1, 2008; adopted as part of subd (

b) effective March 1, 1992; previously amended and lettered as subd (

c) effective January 1, 2007.) (d)(e) * * * 17 18 19 20 21 (Subd (

e) relettered effective January 1, 2008; adopted as part of subd (

b) effective March 1, 1992; previously amended and lettered as subd (

d) effective January 1, 2007.) (e)(f) * * * 22 23 24 25 26 (Subd (

f) relettered effective January 1, 2008; adopted as subd (

c) effective March 1, 1992; previously amended and relettered as subd (

e) effective January 1, 2007.) (f)(g) * * * 27 28 29 30 31 32 (Subd (

g) relettered effective January 1, 2008; adopted as subd (

d) effective March 1, 1992; previously amended effective July 1, 1997; previously amended and relettered as subd (

f) effective January 1, 2007.) (g)(h) * * * 33 34 35 36 37 38 39 40 41 42 43 (Subd (

h) relettered effective January 1, 2008; adopted as subd (

e) effective March 1, 1992; previously amended effective July 1, 1997, and May 1, 1998; previously amended and relettered as subd (

g) effective January 1, 2007.) Rule 2.306 amended effective January 1, 2008; adopted as rule 2008 effective March 1, 1992; previously amended effective July 1, 1997, and May 1, 1998; previously amended and renumbered effective January 1, 2007. 11

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 Rule 2.400. Court records (

a) Removal of papers Only the clerk may remove and replace papers in the court’s files. Unless otherwise ordered by the court, filed papers may only be inspected by the public in the office of the clerk and released to a court officer or attaché 7 authorized court personnel for use in a court facility. No original papers filed with the clerk may be used in any location other than a court facility, unless so ordered by the presiding judge. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (Subd (

a) amended effective January 1, 2008; previously amended effective July 1, 1993, and January 1, 2007.) (b)–(c) * * * Rule 2.400 amended effective January 1, 2008; adopted as rule 243 effective January 1, 1949; previously amended effective July 1, 1993; previously amended and renumbered effective January 1, 2007. Rule 2.503. Public access (a) * * * (

b) Electronic access required to extent feasible A court that maintains the following records in electronic form must provide electronic access to them, both remotely and at the courthouse, to the extent it is feasible to do so: (1) * * * 34 35 36 37 38 39 40 41 42

(2) All records in ci vil cases, except those listed in (c)(1)–(6)(8). (Subd (

b) amended effective January 1, 2008; previously amended effective July 1, 2004, and January 1, 2007.) (

c) Courthouse electronic access only A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do 12

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 so, but may provide remote electronic access only to the records governed by (b):

(1) Records in a pr oceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; and child custody proceedings; and 6 7 8 9 10 domestic violence prevention proceedings; (2)–(4) * * * 11 12 13

(5) Records in a crim inal proceeding; and

(6) Records in a civ il harassment proceeding under Code of Civil Procedure

section 527.6.; 14 15 16

(7) Records in a workplace violence prevention proceeding under Code of 17 18 Civil Procedure

section 527.8; and 19

(8) Records in an elder or dependent adult abuse prevention proceeding under Welfare and Institutions Code

section 15657.03. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (Subd (

c) amended effective January 1, 2008; previously amended effective July 1, 2004, and January 1, 2007.) (d)–(i) * * * Rule 2.503 amended effective January 1, 2008; adopted as rule 2073 effective July 1, 2002; previously amended effective July 1, 2004, and January 1, 2005; previously amended and renumbered effective January 1, 2007. Rule 3.58. Hearing on application (a) * * * (

b) Confidentiality of hearing To ensure confidentiality of the applicant’s financial information, the hearing must be held in private and the court must exclude all persons except authorized court attachés personnel, the applicant, those present with the applicant’s consent, and any witness being examined. 40 41 42 13

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 (Subd (

b) amended effective January 1, 2008.) Rule 3.58 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.60. Confidentiality No person may have access to an application to proceed in forma pauperis except the court and authorized attachés court personnel, persons authorized to verify the information under rules 3.53 and 3.59(

c) and under Government Code

section 68511.3, and any person authorized by the applicant. No person may reveal any information contained in the application except as authorized by law. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Rule 3.60 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.300. Related cases (a)–(g) * * * (

h) Judicial action

(1) Related cases pending in one superior court If all the related cases have been filed in one superior court, the court, on notice to all parties, may order that the cases, including probate and family law cases, be related and may assign them to a single judge or department. In a superior court where there is a master calendar, the presiding judge may order the cases related. In a court in which cases are assigned to a single judge or department, cases may be ordered related as follows: (A)–(D) * * * (

E) If the procedures for relating pe nding cases under this rule do not apply, the procedures under Code of Civil Procedure

section 1048 and rule 367 3.350 must be followed to consolidate cases pending in the same superior court. 37 38 39 40 41 (2)–(3) * * * 14

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (Subd (

h) amended effective January 1, 2008; adopted as subd (

d) effective January 1, 1996; previously amended and relettered as subd (

e) effective January 1, 2007.) (i)–(k) * * * Rule 3.300 amended effective January 1, 2008; adopted as rule 804 effective January 1, 1996; previously amended and renumbered effective January 1, 2007. Rule 3.512. Electronic submission of documents to the Chair of the Judicial Council (

a) Documents that may be submitted electronically 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any paper listed in rule 1 511(a)3.511(

a) may be submitted electronically to coordination@jud.ca.gov. (Subd (

a) amended effective January 1, 2008; previously amended effective January 1, 2007.) (b)–(f) * * * Rule 3.512 amended effective January 1, 2008; adopted as rule 1511.5 effective July 1, 2005; previously amended and renumbered effective January 1, 2007. Rule 3.670. Telephone appearance (

a) Policy favoring telephone appearances 29 30 31 The intent of this rule is to promote uniformity in the practices and 32 procedures relating to telephone appearances in civil cases. To improve 33 access to the courts and reduce litigation costs, courts should permit parties, 34 to the extent feasible, to appear by telephone at appropriate conferences, 35 36 37 38 hearings, and proceedings in civil cases. (Subd (

a) adopted effective January 1, 2008.) (a)(

b) Application 39 40 41 42 43 This rule applies to all general civil cases as defined in rule 1.6 and to unlawful detainer and probate proceedings. 15

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 (Subd (

b) relettered effective January 1, 2008; previously repealed and adopted as subd (

a) effective July 1, 1998; previously amended effective January 1, 1999, January 1, 2001, January 1, 2003, and January 1, 2007.) (b)(

c) General provision authorizing parties to appear by telephone 5 6 7 Except as provided in (c), a party may appear by telephone in any conference 8 or hearing at which witnesses are not expected to be called to testify. Except 9 as provided in (e)(2), a party may appear by telephone at the following 10 11 conferences, hearings, and proceedings: 12

(1) Case management conferences, provided the party has made a good 13 faith effort to meet and confer and has timely served and filed a case 14 15 management statement before the conference date; 16 17

(2) Trial setting conferences; 18 19

(3) Hearings on law and motion, except motions in limine; 20 21

(4) Hearings on discovery motions; 22

(5) Status conferences, including conferences to review the status of an 23 24 arbitration or a mediation; and 25 26 27 28 29 30

(6) Hearings to review the dismissal of an action. (Subd (

c) amended and relettered effective January 1, 2008; previously repealed and adopted as subd (

b) effective July 1, 1998; previously amended effective July 1, 1999, and January 1, 2003.) (c)(

d) Exceptions Required personal appearances 31 32 33 Except as provided in (e)(3), a personal appearance is required for hearings, 34 35 conferences, and proceedings not listed in (c), including the following: 36 37

(1) Trials and hearings at which witnesses are expected to testify; 38 39

(2) Hearings on temporary restraining orders; 40 41 (1)

(3) Settlement conferences, unless the court orders otherwise; 16

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(2) Case management conferences, unless the court permits telephone 2 3 appearances at those conferences; and 4

(3) Any hearing or conference for wh ich the court, in its discretion, 5 determines that a personal appearance would materially assist in a 6 determination of the proceeding or in resolution of the case. The court 7 8 must make this determination on a case-by-case basis. 9 10

(4) Trial management conferences; 11 12

(5) Hearings on motions in limine; and 13

(6) Hearings on petitions to confirm the sale of property under the Probate 14 15 Code. 16 In addition, except as provided in (e)(3), a personal appearance is required 17 18 for the following persons: 19

(7) Applicants seeking an ex parte order, except when the applicant is 20 21 seeking an order: 22 (

A) For permission to file a memorandum in excess of the applicable 23 24 page limits; 25 26 (

B) For an extension of time to serve pleadings; 27 (

C) To set hearing dates on alternative writs and orders to show cause; 28 29 or 30 31 (

D) By stipulation of the parties; 32

(8) Persons ordered to appear to show cause why sanctions should not be 33 34 imposed for violation of a court order or a rule; or 35

(9) Persons ordered to appear in an order or citation issued under the 36 37 Probate Code. 38 At the proceedings under (7), (8), and (9), parties who are not required to 39 40 41 42 appear in person under this rule may appear by telephone. (Subd (

d) amended and relettered effective January 1, 2008; adopted as subd (

c) effective July 1, 1998; previously amended effective July 1, 2002, and January 1, 2003.) 17

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (

e) Court discretion to modify rule 2 3

(1) Policy favoring telephone appearances in civil cases 4 5 6 In exercising its discretion under this provision, the court should 7 consider the general policy favoring telephone appearances in civil 8 9 cases.

(2) Court may require personal appearances 10 11 12 The court may require a party to appear in person at a hearing, 13 conference, or proceeding listed in (

c) if the court determines on a 14 hearing-by-hearing basis that a personal appearance would materially 15 assist in the determination of the proceedings or in the effective 16 17 management or resolution of the particular case.

(3) Court may permit appearances by telephone 18 19 20 The court may permit a party to appear by telephone at a hearing, 21 conference, or proceeding under (

d) if the court determines that a 22 23 24 25 telephone appearance is appropriate. (Subd (

e) adopted effective January 1, 2008.) (

f) Need for personal appearance 26 27 28 If, at any time during a hearing, conference, or proceeding conducted by 29 telephone, the court determines that a personal appearance is necessary, the 30 31 32 33 court may continue the matter and require a personal appearance. (Subd (

f) adopted effective January 1, 2008.) (d)(

g) Notice by party 34 35 36

(1) A party choosing to appe ar by telephone at a hearing, conference, or 37 38 39 proceeding under this rule must either: (

A) Place the phrase “Telephone Appe arance” below the title of the moving, or opposing, or reply papers; or 40 41 18

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. (

B) At least five three court days before the appearance, notify the court and all other parties of the party’s intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a “Notice of Intent to Appear by Telephone” with the court at least five 1 2 3 4 5 three court days before the hearing appearance and by serving the notice at the same time on all other parties by personal delivery, fax transmission, express mail, or other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day. 6 7 8 9 10 11 12

(2) If after receiving notice from another party as provided under (1) a 13 party that has not given notice also decides to appear by telephone, the 14 party may do so by notifying the court and all other parties that have 15 appeared in the action, no later than noon on the court day before the 16 17 appearance, of its intent to appear by telephone. (2)

(3) If a party that has given notice that it intends to appear by telephone 18 under (1) subsequently chooses to appear in person, the party must so notify the court and all other parties that have appeared in the action, by telephone, at least two court days before the hearin 19 20 g appearance. 21 22 23 (3)

(4) The court, on a showing of good cause, may permit a party to appear 24 by telephone at a conference, hearing, or proceeding even if the party 25 has not given the notice required under (1) or (2) and may permit a 26 party to appear in person even if the party has not given the notice 27 28 29 30 31 32 required in (3). (Subd (

g) amended and relettered effective January 1, 2008; adopted as subd (

d) effective July 1, 1998; previously amended effective January 1, 1999, July 1, 1999, January 1, 2003, and January 1, 2007.) (e)(

h) Notice by court 33 34 After a party has requested a telephone appearance under (d)(g), if the court requires the personal appearance of the party, the court must notify 35 give 36 reasonable notice to all parties by telephone at least one court day before the hearing 37 and may continue the hearing if necessary to accommodate the 38 39 personal appearance. The court may direct the court clerk, a court-appointed 40 41 42 vendor, a party, or an attorney to provide the notification. In courts using a telephonic tentative ruling system for law and motion matters, court notification that parties must appear in person may be given as part of the 19

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 court’s tentative ruling on a specific law and motion matter if that notification is given one court day before the hearing. (Subd (

h) amended and relettered effective January 1, 2008; adopted as subd (

e) effective July 1, 1998; previously amended effective January 1, 1999, and January 1, 2003.) (f)(

i) Private vendor; charges for service 7 8 9 10 11 12 13 14 15 16 A court may provide teleconferencing for court appearances by entering into a contract with a private vendor. The contract may provide that the vendor may charge the party appearing by telephone a reasonable fee, specified in the contract, for its services. (Subd (

i) relettered effective January 1, 2008; adopted as subd (

f) effective July 1, 1998; previously amended effective January 1, 2003.) (g)(

j) Audibility and procedure 17 18 19 The court must ensure that the statements of participants are audible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. 20 21 22 23 24 25 26 27 (Subd (

j) amended and relettered effective January 1, 2008; adopted as subd (

f) effective March 1, 1988; previously relettered as subd (

c) effective January 1, 1989, and as subd (

g) effective July 1, 1998; previously amended effective January 1, 2003, and January 1, 2007.) (h)(

k) Reporting 28 29 30 31 32 33 34 35 36 All proceedings involving telephone appearances must be reported to the same extent and in the same manner as if the participants had appeared in person. (Subd (

k) relettered effective January 1, 2008; adopted as subd (

h) effective July 1, 1998; previously amended effective January 1, 2003.) (i)(

l) Conference call provider 37 38 39 40 41 42 43 A court, by local rule, may designate a particular conference call provider that must be used for telephone appearances. (Subd (

l) relettered effective January 1, 2008; adopted as subd (

i) effective July 1, 1998; previously amended effective January 1, 1999, and January 1, 2003.) 20

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (j)(

m) Information on telephone appearances 2 3 4 The court must publish notice providing parties with the particular information necessary for them to appear by telephone at conferences, and hearings 5 , and proceedings in that court under this rule. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (Subd (

m) amended and relettered effective January 1, 2008; adopted as subd (

j) effective March 1, 1998; previously amended effective January 1, 2003, and January 1, 2007.) Rule 3.670 amended effective January 1, 2008; adopted as rule 298 effective March 1, 1988; previously amended effective January 1, 1989, July 1, 1998, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2002, and January 1, 2003; previously amended and renumbered effective January 1, 2007. Rule 3.722. Case management conference (a)–(b) * * * (

c) Preparation for the conference At the conference, counsel for each party and each self-represented party must appear by telephone or personally or, if permitted as provided in under 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 rule 3.670( c)(2), by telephone; must be familiar with the case; and must be prepared to discuss and commit to the party’s position on the issues listed in rules 3.724 and 3.727. (Subd (

c) amended effective January 1, 2008.) (d)–(e) * * * Rule 3.722 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.816. Disqualification for conflict of interest (a) * * * (

b) Disclosures by arbitrator 21

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the arbitrator under Code of Civil Procedure

section 170.6 or, if the arbitrator is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, an arbitrator must disclose to the parties:

(1) Any matter subject to disclo sure under subdivisions (D)(2)(f) (5)(

a) and (D)(2)(g) 8 (5)(

b) of canon 6 of the Code of Judicial Ethics; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (2) * * * (Subd (

b) amended effective January 1, 2008; adopted effective July 1, 2001; previously amended effective January 1, 2007.) (c)–(d) * * * Rule 3.816 amended effective January 1, 2008; adopted as rule 1606 effective July 1, 1976; previously amended effective July 1, 1979, July 1, 1990, January 1, 1994, July 1, 2001, January 1, 2004, and July 1, 2004; previously amended and renumbered effective January 1, 2007. Rule 3.823. Rules of evidence at arbitration hearing (a) * * * (

b) Application of civil rules of evidence The rules of evidence governing civil cases apply to the conduct of the arbitration hearing, except: (1)–(2) * * *

(3) Depositions (

A) The deposition of any witness may be offered by any party and must be received in evidence, subject to objections available under Code of Civil Procedure

section 2025(g) 2025.410, notwithstanding that the deponent is not “unavailable as a witness” within the meaning of Evidence Code

section 240 and no exceptional circumstances exist, if: 38 39 40 41 42 22

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 (i)–(ii) * * * (

B) The opposing party, upon rece iving the notice, may subpoena the deponent and, at the discretion of the arbitrator, either the deposition may be excluded from evidence or the deposition may be admitted and the deponent may be further cross-examined by the subpoenaing party. These limitations are not applicable to a deposition admissible under the terms of Code of Civil Procedure

section 2025(u) 2025.620. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (Subd (

b) amended effective January 1, 2008; previously amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004, and January 1, 2007.) (c)–(d) * * * Rule 3.823 amended effective January 1, 2008; adopted as rule 1613 effective July 1, 1976; previously amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, and January 1, 2004; previously amended and renumbered effective January 1, 2007. Rule 3.867.

Confidentiality of complaint procedures, information, and records (a)–(e) * * * Rule 3.867 amended effective January 1, 2008; adopted as rule 1622.2 effective January 1, 2006; previously amended and renumbered effective January 1, 2007. Advisory Committee Comment See Evidence Code sections 1115 and 1119 concerning the scope and types of mediation communications protected by mediation confidentiality. Subdivision (b).

Private meetings, or “caucuses,” between a mediator and subgroups of participants are common in court-connected mediations, and it is frequently understood that these communications will not be disclosed to other participants in the mediation. (See Cal. Rules of Court, rule 3.854(c).) It is important to protect the confidentiality of these communications in rule 3.865 complaint procedures, so that one participants in the mediation does not learn what another participants 38 discussed in confidence with the mediator. 39 40 41 42 43 Subdivisions (c)–(e). * * * 23

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 9 10 11 12 Rule 3.924. Certification and disclosure by referee (a) * * * (

b) Disclosure by referee In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the referee under Code of Civil Procedure

section 170.6 or, if the referee is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, a referee must disclose to the parties:

(1) Any matter subject to disclo sure under subdivisions (D)(2)(f) (5)(

a) and (D)(2)(g) 13 (5)(

b) of canon 6 of the Code of Judicial Ethics; and 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) * * * (Subd (

b) amended effective January 1, 2008.) Rule 3.924 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.1113. Memorandum (a)–(h) * * * (

i) Use of California Style Manual 27 28 A memorandum must follow the style prescribed by either the California 29 Style Manual or The Bluebook: Uniform System of Citation, at the option of 30 31 the party filing the document. The same style must be used consistently 32 33 throughout the memorandum. (j)(i) * * * 34 35 36 37 38 39 40 (Subd (

i) relettered effective January 1, 2008; adopted as part of subd (

e) effective January 1, 1992; previously amended effective July 1, 1997; previously relettered as part of subd (

f) effective July 1, 2000; previously amended and relettered as subd (

h) effective January 1, 2004, and as subd (

j) effective January 1, 2007.) (k)(j) * * * 41 42 24

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 (Subd (

j) relettered effective January 1, 2008; adopted as subd (

f) effective July 1, 1997; previously relettered as subd (

g) effective July 1, 2000; previously amended and relettered as subd (

i) effective January 1, 2004, and as subd (

k) effective January 1, 2007.) (l)(k) * * * 5 6 7 8 9 10 (Subd (

k) relettered effective January 1, 2008; adopted as subd (

g) effective July 1, 1997; previously relettered as subd (

h) effective July 1, 2000, and as subd (

l) effective January 1, 2007; previously amended and relettered as subd (

j) effective January 1, 2004.) (m)(l) * * * 11 12 13 14 15 16 17 (Subd (

l) relettered effective January 1, 2008; adopted as subd (

h) effective July 1, 1997; relettered as subd (

i) effective July 1, 2000; previously amended effective January 1, 2003; previously amended and relettered as subd (

k) effective January 1, 2004, and as subd (

m) effective January 1, 2007.) (n)(m) * * * 18 19 20 21 22 23 24 25 26 27 (Subd (

m) relettered effective January 1, 2008; adopted as subd (

i) effective July 1, 1997; previously relettered as subd (

j) effective July 1, 2000, and as subd (

n) effective January 1, 2007; previously amended and relettered as subd (

l) effective January 1, 2004.) Rule 3.1113 amended effective January 1, 2008; adopted as rule 313 effective January 1, 1984; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, and January 1, 2004; previously amended and renumbered effective January 1, 2007. 28 29 Advisory Committee Comment 30 31 32 33 34 35 36 See also rule 1.200 concerning the format of citations. Rule 3.1203. Time of notice to other parties (

a) Time of notice 37 38 39 40 41 42 43 44 A party seek ing an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (Subd (

a) amended effective January 1, 2008.) (b) * * * 25

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 9 10 Rule 3.1203 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.1207. Personal appearance requirements An ex parte application will be considered without a personal appearance of the applicant in the following cases only:

(1) Applications to file a memorandum in excess of the applicable page limit; 11 12

(2) Applications for extensions of time to serve pleadings; 13 14 (2)

(3) Setting of hearing dates on alternative writs and orders to show cause; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (3)

(4) Stipulations by the parties for an order. Rule 3.1207 amended effective January 1, 2008; adopted effective January 1, 2007. Rule 3.1350. Motion for

summary judgment or

summary adjudication (a)–(c) * * * (

d) Separate statement in support of motion The Separate Statement of Undisputed Material Facts in support of a motion must separately identify each cause of action, claim, issue of duty, or affirmative defense, and each supporting material fact claimed to be without dispute with respect to the cause of action, claim, issue of duty, or affirmative defense. In a two-column format, the statement must state in numerical sequence the undisputed material facts in the first column and 31 followed by the evidence that establishes those undisputed facts in the 32 33 34 35 36 37 38 39 40 41 second that same column.

Citation to the evidence in support of each material fact must include reference to the exhibit, title, page, and line numbers. (Subd (

d) amended effective January 1, 2008; previously amended effective January 1, 2002, and January 1, 2007.) (e)–(g) * * * 26

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 (

h) Format for separate statements Supporting and opposing separate statements in a motion for

summary judgment must follow this format: Supporting statement: 7 Moving Party’s Undisputed Material Opposing Party’s Response and 8 9 Facts and Supporting Evidence: Supporting Evidence: 10 1. Plaintiff and defendant entered into a Jackson declaration, 2:17 -21; contract, 11 written contract for the sale of widgets. Ex. A to Jackson declaration. 12 Jackson declaration, 2:17-21; contract, 13 14 Ex. A to Jackson declaration. 15 2. No widgets were ever received. Jackson declaration, 3:7 -21. 16 17 18 19 Jackson declaration, 3:7-21.

Opposing statement: 20 21 22 23 24 25 26 27 28 29 30 Moving Party’s Undisputed Material Opposing Party’s Response and Facts and Alleged Supporting Evidence: Evidence: 1. Plaintiff and defendant entered into a Undisputed. written contract for the sale of widgets. Jackson declaration, 2:17-21; contract, Ex. A to Jackson declaration. 2. No widgets were ever received. Di sputed. The widgets were received in Jackson declaration, 3:7-21. New Zealand on August 31, 2001. Baygi declaration, 7:2 -5. Baygi declaration, 7:2-5. 31 32 33 34 35 36 37 38 39 40 41 Supporting and opposing separate statements in a motion for

summary adjudication must follow this format: Supporting statement: ISSUE 1—THE FIRST CAUSE OF ACTION FOR NEGLIGENCE IS BARRED BECAUSE PLAINTIFF 27

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 EXPRESSLY ASSUMED THE RISK OF INJURY 3 Moving Party’s Undisputed Material Opposing Party’s Response and 4 5 Facts and Supporting Evidence: Supporting Evidence: 6 7 1. Plaintiff was injured while mountain Plaintiff's deposition, 12:3 -4. climbing on a trip with Any Company 8 9 USA. Plaintiff's deposition, 12:3-4. 10 2. Before leaving on the mountain Smith declaration, 5:4 -5; waiver of 11 climbing trip, plaintiff signed a liability, Ex.

A to Smith declaration. 12 complete waiver of liability. Smith 13 declaration, 5:4-5; waiver of liability, 14 15 16 17 18 19 20 21 22 23 Ex. A to Smith declaration. Opposing statement: ISSUE 1—THE FIRST CAUSE OF ACTION FOR NEGLIGENCE IS BARRED BECAUSE PLAINTIFF EXPRESSLY ASSUMED THE RISK OF INJURY 24 25 26 27 28 29 30 31 32 Moving Party’s Undisputed Material Opposing Party’s Response and Facts and Alleged Supporting Evidence: Evidence: 1. Plaintiff was injured while mountain Undisputed. climbing on a trip with Any Company USA. Plaintiff's deposition, 12:3-4. 2. Before leaving on the mountain Disputed.

Plaintiff did not sign the climbing trip, plaintiff signed a waiver of liability; the signature on the 33 complete waiver of liability for acts waiver is forged. Jones declaration, 34 of negligence. Smith declaration, 5:4 -5; waiver of liability 3:6-7. 35 36 37 38 39 40 41 42 3:6 -7 5:4-5; waiver of liability, Ex. A to Smith declaration. (Subd (

h) amended effective January 1, 2008; previously amended effective January 1, 1999, and January 1, 2002.) (i) * * * 28

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 Rule 3.1350 amended effective January 1, 2008; adopted as rule 342 effective July 1, 1997; previously amended effective January 1, 1999, and January 1, 2002; previously amended and renumbered effective January 1, 2007. Rule 3.1380. Mandatory settlement conferences (

a) Settlement Setting conferences 8 9 On the court’s own motion or at the request of any party, the court may set a 10 one or more mandatory settlement conferences. 11 12 13 14 15 16 17 18 19 (Subd (

a) amended effective January 1, 2008; previously amended effective January 1, 1995, and July 1, 2002.) (b) * * * (

c) Settlement conference statement 20 21 22 23 24 25 26 27 28 29 30 31 32 No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing: (1)–(4) * * * The settlement conference statement must comply with any additional requirement imposed by local rule. (Subd (

c) amended effective January 1, 2008; adopted as subd (

d) effective January 1, 1985; previously amended effective January 1, 1995 and January 1, 2007; previously amended and relettered effective July 1, 2002.) (

d) Restrictions on appointments 33 34 35 36 A court must not: 37

(1) Appoint a person to conduct a settlement conference under this rule at 38 the same time as that person is serving as a mediator in the same action; 39 40 or 41 42 43

(2) Appoint a person to conduct a mediation under this rule. (Subd (

d) adopted effective January 1, 2008.) 29

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 Rule 3.1380 amended effective January 1, 2008; adopted as rule 222 effective January 1, 1985; previously amended effective January 1, 1995, July 1, 2001, and July 1, 2002; previously amended and renumbered effective January 1, 2007. 6 7 Advisory Committee Comment 8 Subdivision (

d) This provision is not intended to discourage settlement conferences or 9 mediations. However, problems have arisen in several cases, such as Jeld-Wen v. Superior Court of San Diego County (2007) 146 Cal.App.4th 536, when distinctions between different ADR 10 11 processes have been blurred. To prevent confusion about the confidentiality of the proceedings, it 12 is important to clearly distinguish between settlement conferences held under this rule and 13 mediations.

The special confidentiality requirements for mediations established by Evidence 14 Code sections 1115–1128 expressly do not apply to settlement conferences under this rule. This 15 provision is not intended to prohibit a court from appointing a person who has previously served 16 as a mediator in a case to conduct a settlement conference in that case following the conclusion of 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the mediation. Rule 4.151.

Motion for change of venue (a)–(b) * * * Rule 4.151 amended effective January 1, 2008; adopted as rule 841 effective March 4, 1972; previously amended and renumbered effective January 1, 2001; previously amended effective January 1, 2006, and January 1, 2007. Advisory Committee Comment Rule 4.151(

b) is not intended to imply that the court should attempt to impanel a jury in every case before granting a change of venue in every case. 31 32 33 34 35 36 37 38 39 40 Rule 5.10.

Definitions and use of terms As used in this division, unless the context or subject matter otherwise requires, the following

definitions apply: (1)–(3) * * * 41 42 43 44 45 (4) “Best interest of the child” is described in Family Code

section 3011. Rule 5.10 amended effective January 1, 2008; adopted as rule 1201 effective January 1, 1970; previously amended effective January 1, 1994, January 1, 1999, and January 1, 2007; previously amended and renumbered effective January 1, 2003. 30

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 Rule 5.240. Appointment of counsel to represent a child in family law 3 proceedings 4 5 (

a) Appointment considerations 6 7 8 In considering appointing counsel under Family Code

section 3150, the court 9 10 should take into account the following factors, including whether: 11

(1) The issues of child custody and visitation are highly contested or 12 13 protracted; 14

(2) The child is subjected to stress as a result of the dispute that might be 15 16 alleviated by the intervention of counsel representing the child; 17

(3) Counsel representing the child would be likely to provide the court with 18 relevant information not otherwise readily available or likely to be 19 20 presented; 21

(4) The dispute involves allegations of physical, emotional, or sexual abuse 22 23 or neglect of the child. 24

(5) It appears that one or both parents are incapable of providing a stable, 25 26 safe, and secure environment; 27

(6) Counsel is available for appointment who is knowledgeable about the 28 29 issues being raised regarding the child in the proceeding; 30

(7) The best interest of the child appears to require independent 31 32 representation; and 33

(8) If there are two or more children, any child would require separate 34 35 counsel to avoid a conflict of interest. (

b) Request for appointment of counsel 36 37 38 The court may appoint counsel to represent the best interest of a child in a 39 40 family law proceeding on the court’s own motion or if requested to do so by: 41

(1) A party; 31

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3

(2) The attorney for a party; 4 5

(3) The child, or any relative of the child; 6 7

(4) A mediator under Family Code

section 3184; 8

(5) A professional person making a custody recommendation under Family 9 Code sections 3111 and 3118, Evidence Code

section 730, or Code of 10 11 Civil Procedure

section 2032.010 et seq.; 12

(6) A county counsel, district attorney, city attorney, or city prosecutor 13 authorized to prosecute child abuse and neglect or child abduction 14 15 cases under state law; or 16 17

(7) A court-appointed guardian ad litem or special advocate; 18 19

(8) Any other person who the court deems appropriate. (

c) Orders appointing counsel for a child 20 21 22 The court must issue written orders when appointing and terminating counsel 23 24 for a child. 25 26

(1) The appointment orders must specify the: 27 28 (

A) Appointed counsel’s name, address, and telephone number; 29 30 (

B) Name of the child for whom counsel is appointed; and 31 32 (

C) Child’s date of birth. 33 34

(2) The appointment orders may include the: 35 36 (

A) Child’s address, if appropriate; 37 38 (

B) Issues to be addressed in the case; 39 (

C) Tasks related to the case that would benefit from the services of 40 41 counsel for the child; 32

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (

D) Responsibilities and rights of the child’s counsel; 3 4 (

E) Counsel’s rate or amount of compensation; 5 6 (

F) Allocation of fees payable by each party or the court; 7 (

G) Source of funds and manner of reimbursement for costs and 8 9 attorney’s fees; 10 (

H) Allocation of payment of attorney’s fees to one party subject to 11 12 reimbursement by the other party; 13 14 (

I) Terms and amount of any progress or installment payments; and 15 (

J) Ability of the court to reserve jurisdiction to retroactively modify 16 17 the order on fees and payment.

(3) Courts may use Order Appointing Counsel for a Child (form FL-323) 18 19 or may supplement form FL-323 with local forms developed under rule 20 21 10.613. (

d) Panel of counsel eligible for appointment 22 23 24

(1) Each court may create and maintain a list or panel of counsel meeting 25 26 the minimum qualifications of this rule for appointment. 27

(2) If a list or panel of counsel is maintained, a court may appoint counsel 28 not on the list or panel in special circumstances, taking into 29 consideration factors including language, culture, and the special needs 30 31 of a child in the following areas: 32 33 (

A) Child abuse; 34 35 (

B) Domestic violence; 36 37 (

C) Drug abuse of a parent or the child; 38 39 (

D) Mental health issues of a parent or the child; 40 41 (

E) Particular medical issues of the child; and 33

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (

F) Educational issues. 3

(3) If the court maintains a panel of counsel eligible for appointment and 4 the court appoints counsel who is not on the panel, the court must state 5 the reason for not appointing a panel counsel in writing or on the 6 7 record. (

e) Complaint procedures 8 9 10 By January 1, 2010, each court must develop local court rules in accordance 11 with rule 10.613 that provide for acceptance and response to complaints 12 13 about the performance of the court-appointed counsel for a child. (

f) Termination of appointment 14 15 16 On entering an appearance on behalf of a child, counsel must continue to 17 18 represent that child until: 19 20

(1) The conclusion of the proceeding for which counsel was appointed; 21 22

(2) Relieved by the court; 23 24

(3) Substituted by the court with other counsel; 25

(4) Removed on the court’s own motion or request of counsel or parties for 26 27 good cause shown; or 28 29 30 31 32

(5) The child reaches the age of majority or is emancipated. Rule 5.240 adopted effective January 1, 2008. Rule 5.241. Compensation of counsel appointed to represent a child in a 33 family law proceeding 34 35 (

a) Determination of counsel’s compensation 36 37 38 The court must determine the reasonable sum for compensation and expenses 39 for counsel appointed to represent the child in a family law proceeding, and 40 the ability of the parties to pay all or a portion of counsel’s compensation and 41 expenses. 34

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3

(1) The court must set the compensation for the child’s counsel: 4 5 (

A) At the time of appointment; 6 7 (

B) At the time the court determines the parties’ ability to pay; or 8 9 (

C) Within a reasonable time after appointment. 10

(2) No later than 30 days after counsel is relieved as attorney of record, the 11 12 court may make a redetermination of counsel’s compensation: 13 14 (

A) On the court’s own motion; 15 16 (

B) At the request of a party or a party’s counsel; or 17 18 (

C) At the request of counsel for the child. (

b) Determination of ability to pay 19 20 21 The court must determine the respective financial ability of the parties to pay 22 23 all or a portion of counsel’s compensation. 24 25

(1) Before determining the parties’ ability to pay: 26 (

A) The court should consider factors such as the parties’ income and 27 assets reasonably available at the time of the determination, and 28 eligibility for or existence of a fee waiver under Government 29 30 Code

section 68511.3; and (

B) The parties must have on file a current Income and Expense 31 Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155). 32 33 34 35 36

(2) The court should determine the parties’ ability to pay: 37 38 (

A) At the time counsel is appointed; 39 40 (

B) Within 30 days after appointment; or 41 (

C) At the next subsequent hearing. 35

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2

(3) No later than 30 days after counsel is relieved as attorney of record, the 3 4 court may redetermine the parties’ ability to pay: 5 6 (

A) On the court’s own motion; or 7 8 (

B) At the request of counsel or the parties. (

c) Payment to counsel 9 10 11

(1) If the court determines that the parties have the ability to pay all or a 12 portion of the fees, the court must order that the parties pay in any 13 manner the court determines to be reasonable and compatible with the 14 15 parties’ financial ability, including progress or installment payments. 16

(2) The court may use its own funds to pay counsel for a child and seek 17 18 reimbursement from the parties. 19

(3) The court must inform the parties that the failure to pay fees to the 20 appointed counsel or to the court may result in the attorney or the court 21 22 initiating legal action against them to collect the money. (

d) Parties’ inability to pay 23 24 25 If the court finds that the parties are unable to pay all or a portion of the cost 26 of the child’s counsel, the court must pay the portion the parties are unable to 27 28 29 30 31 pay. Rule 5.241 adopted effective January 1, 2008. Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to 32 represent a child in family law proceedings 33 34 (

a) Purpose 35 36 37 This rule governs counsel appointed to represent the best interest of the child 38 39 in a custody or visitation proceeding under Family Code

section 3150. (

b) General appointment requirements 40 41 36

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 To be eligible for appointment as counsel for a child, counsel must: 3 4

(1) Be an active member in good standing of the State Bar of California; 5

(2) Have professional liability insurance or demonstrate to the court that he 6 7 or she is adequately self-insured; and 8 9

(3) Meet the education, training, and experience requirements of this rule. (

c) Education and training requirements 10 11 12 Effective January 1, 2009, before being appointed as counsel for a child in a 13 family law proceeding, counsel must have completed at least 12 hours of applicable education and training which must include all the following 14 15 16 subjects: 17

(1) Statutes, rules of court, and case law relating to child custody and 18 19 visitation litigation; 20 21

(2) Representation of a child in custody and visitation proceedings; 22 23

(3) Special issues in representing a child, including the following: 24 25 (

A) Various stages of child development; 26 (

B) Communicating with a child at various developmental stages and 27 28 presenting the child’s view; 29 (

C) Recognizing, evaluating and understanding evidence of child 30 abuse and neglect, family violence and substance abuse, cultural 31 32 and ethnic diversity, and gender-specific issues; 33 (

D) The effects of domestic violence and child abuse and neglect on 34 35 children; and 36 37 (

E) How to work effectively with multidisciplinary experts. (

d) Annual education and training requirements 38 39 37

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. Effective January 1, 2010, to remain eligible for appointment as counsel for a child, counsel must complete during each calendar year a minimum of eight 1 hours of applicable education and training in the subjects listed in (c). 2 3 4 (

e) Applicable education and training 5 6 7

(1) Education and training that addresses the subjects listed in (

c) may be 8 9 applied toward the requirements of this rule if completed through: 10 11 (

A) A professional continuing education group; 12 13 (

B) An educational institution; 14 15 (

C) A professional association; 16 17 (

D) A court-connected group; or 18 19 (

E) A public or private for-profit or not-for-profit group. 20

(2) A maximum of two of the hours may be by self-study under the 21 supervision of an education provider that provides evidence of 22 23 completion. 24

(3) Counsel may complete education and training courses that satisfy the 25 requirements of this rule offered by the education providers in (1) by 26 means of video presentations or other delivery means at remote 27 locations. Such courses are not self-study within the meaning of this 28 29 rule. 30

(4) Counsel who serve as an instructor in an education and training course 31 that satisfies the requirements of this rule may receive 1.5 hours of 32 course participation credit for each hour of course instruction. All other 33 counsel may claim credit for actual time he or she attended the 34 35 education and training course. (

f) Experience requirements 36 37 38

(1) Persons appointed as counsel for a child in a family law proceeding 39 must have represented a party or a child in at least six proceedings 40 41 involving child custody within the preceding five years as follows: 38

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (

A) At least two of the six proceedings must have involved contested 2 3 child custody and visitation issues in family law; and 4 (

B) Child custody proceedings in dependency or guardianship cases 5 can count for no more than three of the six required for 6 7 appointment. 8

(2) Courts may develop local rules that impose additional experience 9 requirements for persons appointed as counsel for a child in a family 10 11 law proceeding. (

g) Alternative experience requirements 12 13 14 Counsel who does not meet the initial experience requirements in (

f) may be 15 appointed to represent a child in a family law proceeding if he or she meets 16 17 one of the following alternative experience requirements. Counsel must: 18

(1) Be employed by a legal services organization, a governmental agency, 19 or a private law firm that has been approved by the presiding or 20 supervising judge of the local family court as qualified to represent a 21 child in family law proceedings and be directly supervised by an 22 attorney in an organization, an agency, or a private law firm who meets 23 24 the initial experience requirements in (f); 25

(2) Be an attorney working in consultation with an attorney approved by 26 the presiding or supervising judge of the local family court as qualified 27 28 to represent a child in family law proceedings; or 29

(3) Demonstrate substantial equivalent experience as determined by local 30 31 court rule or procedure. (

h) Compliance with appointment requirements 32 33 34 35 A person appointed as counsel for a child must: 36

(1) File a declaration with the court indicating compliance with the 37 requirements of this rule no later than 10 days after being appointed 38 and before beginning work on the case. Counsel may complete the Declaration of Counsel for a Child Regarding Qualifications (form FL-39 40 41 322) or other local court forms for this purpose; and 39

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(2) Notify the court within five days of any disciplinary action taken by the 2 State Bar of California, stating the basis of the complaint, result, and 3 4 notice of any reproval, probation, or suspension. (

i) Rights of counsel for a child 5 6 7 Counsel has rights relating to the representation of a child’s best interest 8 under Family Code sections 3111, 3151, 3151.5, 3153, and Welfare and 9 10 Institutions Code

section 827, which include the right to: 11 12

(1) Reasonable access to the child; 13 14

(2) Seek affirmative relief on behalf of the child; 15

(3) Notice to any proceeding, and all phases of that proceeding, including a 16 17 request for examination affecting the child; 18

(4) Take any action that is available to a party to the proceeding, including 19 filing pleadings, making evidentiary objections, and presenting 20 21 evidence; 22

(5) Be heard in the proceeding, which may include presenting motions and 23 orders to show cause and participating in settlement conferences and 24 25 trials, seeking writs, appeals, and arbitrations; 26

(6) Access the child’s medical, dental, mental health, and other health-care 27 28 records, and school and educational records; 29

(7) Inspect juvenile case files subject to the provisions of Welfare and 30 31 Institutions Code

section 827; 32

(8) Interview school personnel, caretakers, health-care providers, mental 33 health professionals, and others who have assessed the child or 34 provided care to the child; however, the release of this information to 35 counsel does not constitute a waiver of the confidentiality of the 36 37 reports, files, and any disclosed communications; 38

(9) Interview mediators, subject to the provisions of Family Code sections 39 40 3177 and 3182; 40

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(10) Receive reasonable advance notice of and the right to refuse any 2 physical or psychological examination or evaluation, for purposes of 3 4 the proceeding, that has not been ordered by the court; 5 6

(11) Assert or waive any privilege on behalf of the child; 7

(12) Seek independent psychological or physical examination or evaluation 8 9 of the child for purposes of the proceeding on approval by the court; 10 11

(13) Receive child custody evaluation reports; 12 13

(14) Not be called as a witness in the proceedings; 14

(15) Request the court to authorize release of relevant reports or files, concerning the child represented by the counsel, of the relevant local 15 16 17 child protective services agency; and 18

(16) Receive reasonable compensation and expenses for representing the 19 20 child, the amount of which will be determined by the court. (

j) Responsibilities of counsel for a child 21 22 23 Counsel is charged with the representation of the best interest of the child. 24 The role of the child’s counsel is to gather facts that bear on the best interest 25 of the child and present those facts to the court, including the child’s wishes 26 when counsel deems it appropriate for consideration by the court under 27 Family Code

section 3042. Counsel’s duties, unless under the circumstances 28 it is inappropriate to exercise the duties, include those under Family Code 29 30

section 3151: 31 32

(1) Interviewing the child; 33

(2) Reviewing the court files and all accessible relevant records available 34 35 to both parties; 36

(3) Making any further investigations that counsel considers necessary to 37 38 ascertain the facts relevant to the custody or visitation hearings; 39

(4) Participating in the proceeding to the degree necessary to adequately 40 represent the child, including introducing and examining counsel’s own 41

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 witnesses and presenting arguments to the court concerning the child’s 2 3 welfare; and 4

(5) Preparing, at the court’s request, a written statement of issues and 5 contentions setting forth the facts that bear on the best interest of the 6 7 child. (

k) Other considerations 8 9 10 Counsel is not required to assume the responsibilities of a social worker, 11 probation officer, child custody evaluator, or mediator and is not expected to 12 provide nonlegal services to the child. Subject to the terms of the court’s 13 order of appointment, counsel for a child may take the following actions to 14 implement his or her statutory duties in representing a child in a family law 15 16 proceeding: 17

(1) Interview or observe the child as appropriate to the age and 18 circumstances of the child. In doing so, counsel should consider all 19 possible interview or observation environments and select a location 20 most conducive to both conducting a meaningful interview of the child 21 22 and investigating the issues relevant to the case at that time. 23

(2) In a manner and to the extent consistent with the child’s age, level of 24 maturity, and ability to understand, and consistent with the order of 25 26 appointment for the case: 27 (

A) Explain to the child at their first meeting counsel’s role and the 28 nature of the attorney-client relationship (including confidentiality 29 30 issues); and 31 (

B) Advise the child on a continuing basis of possible courses of 32 33 action and of the risks and benefits of each course of action. 34

(3) Actively participate in the representation of the child at any hearings 35 that affect custody and visitation of the child and attend and participate 36 in any other hearings relevant to the child. In doing so, counsel may, as 37 38 appropriate: 39 (

A) Take positions relevant to the child on legal issues before the 40 41 court; 42

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (

B) Seek and advocate for services for the child; 3 4 (

C) Prepare for any hearings or trials; 5 6 (

D) Work to settle contested issues and to define trial issues; 7 8 (

E) Prepare witnesses, including the child if the child is to testify; 9 10 (

F) Introduce and examine witnesses on behalf of the child; 11 12 (

G) Cross-examine other witnesses; 13 14 (

H) Make appropriate evidentiary objections; 15 16 (

I) Review court files and other pertinent records; 17 (

J) Prepare motions to advance the child’s interest, including motions 18 19 to quash subpoenas for the child and other protective orders; 20 21 (

K) Present arguments to advance the child’s interest; 22 23 (

L) Prepare trial briefs and other documents if appropriate; and 24 25 (

M) Request appointment of separate appellate counsel. 26

(4) Conduct thorough, continuing, and independent investigations and 27 28 discovery to protect the child’s interest, which may include: 29 30 (

A) Obtaining necessary authorizations for the release of information. 31 (

B) Reviewing the child’s social services, mental health, drug and 32 alcohol, medical, law enforcement, education, and other records 33 34 relevant to the case; 35 (

C) Reviewing the court files of the child and his or her siblings, case- 36 related records of the social service agency, and case-related 37 38 records of other service providers; 39 (

D) Contacting attorneys for the parties and nonlawyer guardians ad 40 litem, Court Appointed Special Advocates (CASAs), and other 43

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 service professionals, to the extent permitted by local rule, for 2 3 background information; 4 (

E) Contacting and meeting with the child’s parents, legal guardians, 5 6 or caretakers, with permission of their attorneys; 7 (

F) Interviewing witnesses and individuals involved with the child, 8 including school personnel, child welfare caseworkers, foster 9 parents and other caretakers, neighbors, relatives, coaches, clergy, 10 mental health professionals, physicians, law enforcement officers, 11 12 and other potential witnesses; 13 (

G) Reviewing relevant photographs, video- or audiotapes, and other 14 15 evidence; 16 17 (

H) Documenting the results of these investigations; 18 (

I) Monitoring compliance with court orders as appropriate, 19 including the provision for and effectiveness of any court-ordered 20 21 services; 22 (

J) Promoting the timely progression of the case through the judicial 23 24 system; 25 (

K) Investigating the interests of the child beyond the scope of the 26 proceeding and reporting to the court other interests of the child 27 that may need to be protected by the institution of other 28 administrative or judicial proceedings; however, counsel is not 29 responsible for instituting those proceedings or representing the 30 child in them unless expressly appointed by the court for that 31 32 purpose; and 33 (

L) After learning of other existing administrative or judicial 34 proceedings involving the child, communicating and cooperating 35 with others to the extent necessary and appropriate to protect the 36 37 child’s interest. 38

(5) Taking all other steps to represent the child adequately as appropriate to 39 the case, including becoming knowledgeable in other areas affecting 40 41 minors including: 44

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (

A) The Indian Child Welfare Act; 3 (

B) Information about local experts who can provide evaluation, 4 5 consultation, and testimony; and 6 (

C) Delinquency, dependency, probate, family law, and other 7 8 9 10 11 12 13 14 15 16 17 proceedings. Rule 5.242 adopted effective January 1, 2008. Rule 5.324. Telephone appearance in title IV-D hearings and conferences (a)–(c) * * * (

d) Exceptions 18 A telephone appearance is not permitted for any of the following except as 19 20 21 22 23 24 25 26 27 28 29 permitted by Family Code

section 4930: (1)–(2) * * * (Subd (

d) amended effective January 1, 2008.) (

e) Request for telephone appearance

(1) A party, an attorney, a witness, a parent who has not been joined to the action, or a representative of a local child support agency or government agency may request permission of the court to appear and testify by telephone. The local child support agency may request a 30 telephone appearance on behalf of a party, a parent, or a witness when 31 the local child support agency is appearing in the title IV-D support 32 33 34 35 36 37 38 39 action, as defined by rule 5.300(c). The court may also, on its own motion, allow a telephone appearance.

(2) A party, an attorney, a witness, a parent who has not been joined to the action, or a representative of a local child support agency or government agency who wishes to appear by telephone at a hearing must file a request with the court clerk at least 12 court days before the hearing. A local child support agency that files the request for 40 41 telephone appearance on behalf of a party, a parent, or a witness must 42 file the request with the court clerk at least 12 court days before the 45

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 hearing. This request must be served on the other parties, the local child support agency, and attorneys, if any. Service must be by personal delivery, fax, express mail, or other means reasonably calculated to ensure delivery by the close of the next court day. (3) * * * (Subd (

e) amended effective January 1, 2008.) (f)–(k) * * * Rule 5.324 amended effective January 1, 2008; adopted effective July 1, 2005; previously amended effective January 1, 2007. Rule 5.410. Request for sibling contact information under Family Code 16

section 9205 17 18 (

a) Applicability of rule 19 20 21 This rule applies to all persons wishing to exchange contact information with 22 their adopted siblings and all adopted persons wishing to have contact with 23 their siblings, regardless of whether the adoption occurred in juvenile or 24 25 family court. (

b) Definitions 26 27 28 29 As used in this rule: 30 31 (1) “Adoptee” means any person adopted under California law. (2) “Department” means the California Department of Social Services (CDSS). 32 33 34 35 (3) “Licensed adoption agency” means an agency licensed by the 36 department to provide adoption services and includes a licensed county 37 adoption agency and a licensed private adoption agency under Family 38 39 Code sections 8521, 8530, and 8533. 40 (4) “Confidential intermediary” means either the department or a licensed 41 42 adoption agency that provided adoption services for either sibling. 46

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (5) “Alternate confidential intermediary” means a named entity or person 2 designated by the court in place of a licensed adoption agency when the 3 court finds that the agency would experience economic hardship by 4 5 serving as confidential intermediary. 6 (6) “Sibling” means a biological sibling, half-sibling, or stepsibling of the 7 8 adoptee. (7) “Waiver” means Waiver of Rights to Confidentiality for Siblings, 9 10 department form AD 904A (used for adoptees or siblings over the age 11 of 18 years) or AD 904B (used for adoptees or siblings under the age of 18). 12 13 14 (8) “Consent” means the consent contained within the Department form 15 AD 904B.

It is the approval of the filing of a waiver by a person under 16 the age of 18 years obtained from an adoptive parent, a legal parent, a 17 legal guardian, or a dependency court when a child is currently a 18 19 dependent of the court. (9) “Petition” means Judicial Council form Request for Appointment of 20 Confidential Intermediary (form ADOPT-330). 21 22 (10) “Order” means Judicial Council form Order for Appointment of 23 Confidential Intermediary (form ADOPT-331). 24 25 (

c) Waiver submitted by person under the age of 18 years under Family 26 Code

section 9205(f) 27 28

(1) Adoptee or sibling waiver 29 30 31 Each adoptee or sibling under the age of 18 years may submit a waiver 32 to the department or the licensed adoption agency, provided that a 33 34 consent is also completed.

(2) Court consent 35 36 37 If the sibling is currently under the jurisdiction of the juvenile court and 38 his or her parent or legal guardian is unable or unavailable to sign the 39 40 consent, the court may sign it. 47

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. (

d) No waiver on file—sibling requesting contact under Family Code

section 1 9205(g) 2 3 4 If, after contacting the department or licensed adoption agency, the sibling 5 who is seeking contact learns that no waiver is on file for the other sibling, 6 the sibling seeking contact should use the following procedure to ask the 7 court that finalized the adoption of either sibling to designate a confidential 8 9 intermediary to help locate the other sibling:

(1) Sibling’s request 10 11 12 (

A) A sibling requesting contact under Family Code

section 9205 13 must file a petition and submit a blank order to the court that 14 15 finalized the adoption of either sibling. 16 (

B) If the sibling requesting contact is under the age of 18 years, the 17 petition must be filed through the sibling’s duly appointed 18 guardian ad litem under Code of Civil Procedure

section 373 or 19 20 through the sibling’s attorney.

(2) Appointment of a confidential intermediary 21 22 23 (

A) The court must grant the petition unless the court finds that it 24 would be detrimental to the adoptee or sibling with whom contact 25 is sought. The court may consider any and all relevant information in making this determination, including, but not limited to, a review of the court file. 26 27 28 29 (

B) The court will appoint the department or licensed adoption agency 30 that provided adoption services for either sibling as the 31 32 confidential intermediary. 33 (

C) If the court finds that the licensed adoption agency that conducted 34 the adoptee’s adoption is unable to serve as the intermediary, 35 owing to economic hardship, the court may then appoint any one 36 of the following who agrees to serve as an alternate confidential 37 38 intermediary: 39 40 (

i) A CASA volunteer or CASA program staff member; 41 (ii) A court-connected mediator; 48

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (iii) An adoption service provider as defined in Family Code 3 4

section 8502(a); 5 6 (iv) An attorney; or 7 (

v) Another California licensed adoption agency or the 8 California Department of Social Services’ Adoptions 9 10 Support Bureau when no other individuals are available. 11 (

D) When an alternate confidential intermediary is appointed, the 12 licensed adoption agency must provide to the court all records 13 related to the adoptee or sibling for inspection by the alternate 14 15 confidential intermediary.

(3) Role of the confidential intermediary 16 17 18 19 (

A) The confidential intermediary must: 20 (

i) Have access to all records of the adoptee or the sibling, 21 including the court adoption file and adoption agency or 22 23 CDSS files of either sibling; 24 (ii) Make all reasonable efforts to locate the adoptee, the sibling, 25 26 or the adoptive or birth parent; 27 (iii) Attempt to obtain the consent of the adoptee, the sibling, or 28 29 the adoptive or birth parent; and 30 (iv) Notify any located adoptee, sibling, or adoptive or birth 31 parent that consent is optional, not required by law, and does 32 33 not affect the status of the adoption. 34 (

B) The confidential intermediary must not make any further attempts 35 36 to obtain consent if the individual denies the request for consent. 37 (

C) The confidential intermediary must use information found in the 38 records of the adoptee or the sibling for authorized purposes only 39 and must not disclose any information obtained in this procedure 40 41 unless specifically authorized. 49

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008.

(4) Adopted sibling seeking contact with a sibling who is a dependent child 1 2 3 An adoptee seeking contact with his or her sibling who is a dependent 4 child must follow the procedure set forth under Welfare and Institutions 5 6 7 8 9 10 11 12 13 Code

section 388(

b) to seek contact with the sibling. Rule 5.410 adopted effective January 1, 2008. Title 5. Family and Juvenile Rules Division 2. Rules Applicable in Family and Juvenile Proceedings

Chapter 1. Contact and Coordination 14 15 16 17 18 19 20

Chapter 1 adopted effective January 1, 2008. Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding (Fam. Code, § 3105; Welf. & Inst. Code, § 364.4 362.4; Prob. Code, § 1602) 21 22 23 24 25 26 27 28 (a)–(c) * * * Rule 5.475 amended effective January 1, 2008; adopted effective January 1, 2006; previously amended effective January 1, 2007.

Chapter 2. Indian Child Welfare Act 29 30 31

Chapter 2 adopted effective January 1, 2008. Rule 5.480. Application (Fam. Code, §§ 170, 177, 3041; Prob. Code, § 1459.5; 32 Welf. & Inst. Code, §§ 224, 224.1) 33 34 35 This

chapter addressing the Indian Child Welfare Act (25 United States Code

section 1901 et seq.) as codified in various sections of the California Family, 36 37 Probate, and Welfare and Institutions Codes, applies to all proceedings involving 38 Indian children that may result in an involuntary foster care placement; 39 guardianship or conservatorship placement; custody placement under Family Code 40

section 3041; declaration freeing a child from the custody and control of one or 41 42 both parents; termination of parental rights; or adoptive placement, including: 50

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(1) Proceedings under Welfare and Institutions Code

section 300 et seq., and 2 sections 601 and 602 et seq. in which the child is at risk of entering foster 3 care or is in foster care, including detention hearings, jurisdiction hearings, 4 disposition hearings, review hearings, hearings under

section 366.26, and 5 6 subsequent hearings affecting the status of the Indian child; 7 8

(2) Proceedings under Family Code

section 3041; 9

(3) Proceedings under the Family Code resulting in adoption or termination of 10 11 parental rights; and 12 13

(4) Proceedings listed in Probate Code

section 1459.5 and rule 7.1015. 14 This

chapter does not apply to voluntary foster care and guardianship placements 15 16 17 18 19 where the child can be returned to the parent or Indian custodian on demand. Rule 5.480 adopted effective January 1, 2008. Rule 5.481. Inquiry and notice (Fam. Code, §§ 177(a), 180; Prob. Code, §§ 20 1459.5(b), 1460.2; Welf. & Inst. Code, §§ 224.2, 224.3) 21 22 (

a) Inquiry (Fam. Code, § 177(a); Prob. Code, § 1459.5(b); Welf. & Inst. 23 Code, § 224.3) 24 25 26 The court, court-connected investigator, and party seeking a foster-care 27 placement, guardianship, conservatorship, custody placement under Family 28 Code

section 3041, declaration freeing a child from the custody or control of 29 one or both parents, termination of parental rights, or adoption have an 30 affirmative and continuing duty to inquire whether a child is or may be an 31 Indian child in all proceedings identified in rule 5.480. The court, court- 32 connected investigator, and party include the county welfare department, 33 probation department, licensed adoption agency, adoption service provider, 34 investigator, petitioner, appointed guardian or conservator of the person, and 35 36 appointed fiduciary. 37

(1) The party seeking a foster-care placement, guardianship, 38 conservatorship, custody placement under Family Code

section 3041, 39 declaration freeing a child from the custody or control of one or both 40 parents, termination of parental rights, or adoption must ask the child, if 41 the child is old enough, and the parents, Indian custodian, or legal 51

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 guardians whether the child is or may be an Indian child and must complete the Indian Child Inquiry Attachment (form ICWA-010(A)) 2 3 and attach it to the petition unless the party is filing a subsequent 4 5 petition, and there is no new information. 6

(2) At the first appearance by a parent, Indian custodian, or guardian in any 7 dependency case; or in juvenile wardship proceedings in which the 8 child is at risk of entering foster care or is in foster care; or at the 9 initiation of any guardianship, conservatorship, proceeding for custody 10 under Family Code

section 3041, proceeding to terminate parental 11 rights proceeding to declare a child free of the custody and control of 12 one or both parents, or adoption proceeding; the court must order the parent, Indian custodian, or guardian if available, to complete Parental 13 Notification of Indian Status (form ICWA-020). 14 15 16

(3) If the parent, Indian custodian, or guardian does not appear at the first 17 hearing, or is unavailable at the initiation of a proceeding, the court 18 must order the person or entity that has the inquiry duty under this rule 19 to use reasonable diligence to find and inform the parent, Indian 20 custodian, or guardian that the court has ordered the parent, Indian custodian, or guardian to complete Parental Notification of Indian 21 Status (form ICWA-020). 22 23 24

(4) If the social worker, probation officer, licensed adoption agency, 25 adoption service provider, investigator, or petitioner knows or has 26 reason to know that an Indian child is or may be involved, that person 27 28 or entity must make further inquiry as soon as practicable by: 29 (

A) Interviewing the parents, Indian custodian, and “extended family 30 members” as defined in 25 United States Code sections 1901 and 1903(2), to gather the information listed in Welfare and 31 32 Institutions Code

section 224.2(a)(5), Family Code

section 33 180(b)(5), or Probate Code

section 1460.2(b)(5), which is required to complete the Notice of Child Custody Proceeding for 34 Indian Child (form ICWA-030); 35 36 37 (

B) Contacting the Bureau of Indian Affairs and the California 38 Department of Social Services for assistance in identifying the 39 names and contact information of the tribes in which the child 40 41 may be a member or eligible for membership; and 52

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 (

C) Contacting the tribes and any other person that reasonably can be 2 expected to have information regarding the child’s membership 3 4 status or eligibility. 5

(5) The circumstances that may provide reason to know the child is an 6 7 Indian child include the following: 8 (

A) The child or a person having an interest in the child, including an 9 Indian tribe, an Indian organization, an officer of the court, a 10 public or private agency, or a member of the child’s extended 11 family, informs or otherwise provides information suggesting that 12 the child is an Indian child to the court, the county welfare 13 agency, the probation department, the licensed adoption agency or 14 adoption service provider, the investigator, the petitioner, or any 15 16 appointed guardian or conservator; 17 (

B) The residence or domicile of the child, the child’s parents, or an 18 Indian custodian is or was in a predominantly Indian community; 19 20 or 21 (

C) The child or the child’s family has received services or benefits 22 from a tribe or services that are available to Indians from tribes or 23 the federal government, such as the U.S. Department of Health 24 and Human Services, Indian Health Service, or Tribal Temporary 25 26 Assistance to Needy Families benefits. (

b) Notice (Fam. Code, § 180; Prob. Code, § 1460.2; Welf. & Inst. Code, § 27 224.2) 28 29 30

(1) If it is known or there is reason to know that an Indian child is involved 31 in a proceeding listed in rule 5.480, except for a wardship proceeding 32 under Welfare and Institutions Code sections 601 and 602 et seq., the 33 social worker, petitioner, or in probate guardianship and 34 conservatorship proceedings, if the petitioner is unrepresented, the court must send Notice of Child Custody Proceeding for Indian Child 35 36 (form ICWA-030) to the parent or legal guardian and Indian custodian 37 of an Indian child, and the Indian child’s tribe, in the manner specified 38 in Welfare and Institutions Code

section 224.2, Family Law Code 39 40

section 180, and Probate Code

section 1460.2. 53

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(2) If it is known or there is reason to know that an Indian child is involved 2 in a wardship proceeding under Welfare and Institutions Code sections 3 601 and 602 et seq., and the probation officer has assessed that it is 4 probable the child will be entering foster care, or if the child is already in foster care, the probation officer must send Notice of Child Custody 5 Proceeding for Indian Child (form ICWA-030) to the parent or legal 6 7 guardian, Indian custodian, if any, and the child’s tribe, in accordance 8 9 with Welfare and Institutions Code

section 727.4(a)(2). 10

(3) The circumstances that may provide reason to know the child is an 11 12 Indian child include the circumstances specified in (a)(5). 13

(4) Notice to an Indian child’s tribe must be sent to the tribal chairperson 14 15 16 17 18 unless the tribe has designated another agent for service. Rule 5.481 adopted effective January 1, 2008. Rule 5.482. Proceedings after notice (Fam. Code, §§ 177(a), 180(d), (e); Prob. 19 Code, §§ 1459.5(b), 1460.2(d), (e); Welf. & Inst. Code, §§ 224.2(c), (d); 20 25 U.S.C. § 1916(b)) 21 22 (

a) Timing of Proceedings (Fam. Code, § 180(d), (e); Prob. Code, § 23 1460.2(d), (e); Welf. & Inst. Code, § 224.2(c), (d)) 24 25 26

(1) If it is known or there is reason to know that a child is an Indian child, 27 the court hearing must not proceed until at least 10 days after the 28 parent, Indian custodian, the tribe, or the Bureau of Indian Affairs have 29 30 received notice, except as stated in sections (a)(2) and (3). 31

(2) The detention hearing in dependency cases and in delinquency cases in 32 which the probation officer has assessed that the child is in foster care 33 or it is probable the child will be entering foster care may proceed 34 35 without delay, provided that: 36 (

A) Notice of the detention hearing must be given as soon as possible 37 38 after the filing of the petition initiating the proceeding; and 39 (

B) Proof of notice must be filed with the court within 10 days after 40 41 the filing of the petition. 54

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(3) The parent, Indian custodian, or tribe must be granted a continuance, if 2 requested, of up to 20 days to prepare for the proceeding, except for 3 4 specified hearings in the following circumstances: 5 (

A) The detention hearing in dependency cases and in delinquency 6 cases in which the probation officer has assessed that the child is 7 8 in foster care or it is probable the child will be entering foster; 9 (

B) The jurisdiction hearing in a delinquency case in which the court 10 finds the continuance would not conform to speedy trial 11 considerations under Welfare and Institutions Code

section 657; 12 13 and 14 (

C) The disposition hearing in a delinquency case in which the court 15 finds good cause to deny the continuance under Welfare and 16 Institutions Code

section 682. A good cause reason includes when 17 probation is recommending the release of a detained child to his 18 or her parent or to a less restrictive placement. The court must 19 follow the placement preferences under rule 5.484 when holding 20 21 the disposition hearing. (

b) Proof of notice (Fam. Code, § 180(d); Prob. Code, § 1460.2(d); Welf. & 22 Inst. Code, § 224.2(c)) 23 24 Proof of notice filed with the court must include Notice of Child Custody 25 Proceeding for Indian Child (form ICWA-030), return receipts, and any 26 27 28 responses received from the Bureau of Indian Affairs and tribes. (

c) When there is information or a response from a tribe that requires 29 additional steps 30 31 32 If after notice has been provided as required by federal and state law a tribe 33 responds indicating that the child is eligible for membership if certain steps 34 are followed, the court must proceed as if the child is an Indian child and 35 direct the appropriate individual or agency to provide active efforts under 36 37 rule 5.484(

c) to secure tribal membership for the child. (

d) When there is no information or response from a tribe (Fam. Code, § 38 177(a); Prob. Code, § 1459.5(b); Welf. & Inst., Code § 224.3(e)(3)) 39 40 55

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(1) If after notice has been provided as required by federal and state law 2 and neither the tribe nor the Bureau of Indian Affairs has provided a 3 determinative response within 60 days after receiving that notice, then 4 the court may determine that the Indian Child Welfare Act does not 5 apply to the proceedings, provided that the court must reverse its 6 determination of the inapplicability of the act and must apply it 7 prospectively if a tribe or the Bureau of Indian Affairs subsequently 8 9 confirms that the child is an Indian child. 10

(2) If at any time, based on the petition or other information, the court 11 knows or has reason to know the child is an Indian child, the court must 12 13 proceed as if the child were an Indian child. 14

(3) The court is not required to delay proceedings until a response to notice 15 16 is received. (

e) Intervention (Fam. Code, § 177(a); Prob. Code, § 1459.5(b); Welf. & 17 Inst. Code, § 224.4) 18 19 20 The Indian child’s tribe and Indian custodian may intervene, orally or in 21 writing, at any point in the proceedings and may, but are not required to, file with the court the Notice of Designation of Tribal Representative and Notice 22 of Intervention in a Court Proceeding Involving an Indian Child (form 23 24 25 ICWA-040) to give notice of their intent to intervene. (

f) Posthearing actions (25 U.S.C. § 1916(b)) 26 27 28 Whenever an Indian child is removed from a guardian, conservator, other 29 custodian, foster home, or institution for placement with a different guardian, 30 conservator, custodian, foster home, institution, or preadoptive or adoptive 31 home, the placement must comply with the placement preferences and 32 33 standards specified in Welfare and Institutions Code

section 361.31. (

g) Consultation with tribe 34 35 36 Any person or court involved in the placement of an Indian child must use 37 the services of the Indian child’s tribe, whenever available through the tribe, 38 in seeking to secure placement within the order of placement preference 39 40 41 specified in rule 5.484. Rule 5.482 adopted effective January 1, 2008. 56

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 Rule 5.483. Transfer of case (Fam. Code, § 177(a); Prob. Code, § 1459.5(b); 3 Welf. & Inst. Code, § 305.5; Guidelines for State Courts; Indian Child 4 Custody Proceedings, 44 Fed.Reg. 67584 (Nov. 26, 1979) Bureau of 5 Indian Affairs Guideline C) 6 7 (

a) Mandatory transfer of case to tribal court with exclusive jurisdiction 8 9 10 The court must order transfer of a case to the tribal court of the child’s tribe 11 12 if: 13 14

(1) The Indian child is a ward of the tribal court; or 15

(2) The Indian child is domiciled or resides within a reservation of an 16 Indian tribe that has exclusive jurisdiction over Indian child custody 17 proceedings under

section 1911 or 1918 of title 25 of the United States 18 19 Code. (

b) Presumptive transfer of case to tribal court with concurrent state and 20 tribal jurisdiction 21 22 23 Unless the court finds good cause under subdivision (d), the court must order 24 transfer of a case to the tribal court of the child’s tribe if the parent, the 25 26 Indian custodian, or the child’s tribe requests. (

c) Documentation of request to transfer a case to tribal court 27 28 29 The parent, the Indian custodian, or the child’s tribe may request transfer of the case, either orally or in writing or by filing Notice of Petition and 30 Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction (form ICWA-050). 31 32 33 34 If the request is made orally, the court must document the request and make 35 36 it part of the record. (

d) Cause to deny a request to transfer to tribal court with concurrent state 37 and tribal jurisdiction under subdivision (b) 38 39 40

(1) One or more of the following circumstances constitutes mandatory 41 good cause to deny a request to transfer: 57

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1 2 (

A) One or both of the child’s parents objects to the transfer in open 3 4 court or in an admissible writing for the record; 5 (

B) The child’s tribe does not have a “tribal court” or any other 6 administrative body as defined in

section 1903 of the Indian Child 7 Welfare Act: “a court with jurisdiction over child custody 8 proceedings and which is either a Court of Indian Offenses, a 9 court established and operated under the code or custom of an 10 Indian tribe, or any other administrative body of a tribe which is 11 12 vested with authority over child custody proceedings;” or 13 14 (

C) The tribal court of the child’s tribe declines the transfer. 15

(2) One or more of the following circumstances may constitute 16 17 discretionary good cause to deny a request to transfer: 18 (

A) The evidence necessary to decide the case cannot be presented in 19 the tribal court without undue hardship to the parties or the 20 witnesses, and the tribal court is unable to mitigate the hardship 21 by making arrangements to receive and consider the evidence or 22 testimony by use of remote communication, by hearing the 23 evidence or testimony at a location convenient to the parties or 24 witnesses, or by use of other means permitted in the tribal court’s 25 26 rules of evidence or discovery; 27 (

B) The proceeding was at an advanced stage when the request to 28 transfer was received and the petitioner did not make the request 29 within a reasonable time after receiving notice of the proceeding, 30 provided the notice complied with statutory requirements. 31 Waiting until reunification efforts have failed and reunification 32 services have been terminated before filing a request to transfer 33 34 may not, by itself, be considered an unreasonable delay; 35 (

C) The Indian child is over 12 years of age and objects to the 36 37 transfer; or 38 (

D) The parents of a child over five years of age are not available and 39 the child has had little or no contact with his or her tribe or 40 41 members of the child’s tribe. 58

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 26, 2007, effective on January 1, 2008. 1

(3) If it appears that there is good cause to deny a transfer, the court must 2 hold an evidentiary hearing on the transfer and make its findings on the 3 4 record. (

e) Evidentiary considerations under subdivision (b) 5 6 7 The court may not consider socioeconomic conditions and the perceived 8 adequacy of tribal social services, tribal probation, or the tribal judicial 9 systems in its determination that good cause exists to deny a request to 10 11 transfer to tribal court with concurrent state and tribal jurisdiction. (

f) Evidentiary burdens under subdivision (b) 12 13 14

(1) The burden of establishing good cause to deny a request to transfer is 15 16 on the party opposing the transfer. 17 (2)