AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 24, 2008, effective on October 24, 2008, January 1, 2009, and July 1, 2009. Effective October 24, 2008: Rule 10.660. Enforcement of agreements—petitions (Gov. Code, §§ 71639.5, 71825.2) .................................................................................... 1 Effective January 1, 2009: Rule 1.31. Mandatory forms ........................................................................... 2 Rule 1.35. Optional forms ............................................................................... 2 Rule 2.260.

Electronic service ........................................................................ 2 Rule 2.400. Court records ............................................................................... 3 Rule 2.810. Temporary judges appointed by the trial courts .......................... 4 Rule 2.812. Requirements for court appointment of an attorney to serve as a temporary judge ........................................................................ 4 Rule 3.61. Court fees and costs waived by initial application ........................ 6 Rule 3.220.

Case cover sheet .......................................................................... 7 Rule 3.740. Collections cases ......................................................................... 7 Rule 3.769. Settlement of class actions .......................................................... 7 Rule 3.770. Dismissal of class actions ............................................................ 8 Rule 3.851. Application .................................................................................. 8 Rule 3.1320.

Demurrers .................................................................................. 9 Rule 3.1327. Motions to quash or to stay action in

summary proceeding involving possession of real property ......................................................... 10 Rule 3.1342. Motion to dismiss for delay in prosecution ............................. 10 Rule 3.1345.3.1020. Format of discovery motions ....................................... 11 Rule 3.1346.3.1025. Service of motion papers on nonparty deponent ......... 11 Rule 3.1347. Discovery motions in

summary proceeding involving possession of real property .......................................................................... 11 Rule 3.1348.3.1030. Sanctions for failure to provide discovery .................. 12 Rule 3.1350. Motion for

summary judgment or

summary adjudication ...... 12 Rule 3.1351. Motions for

summary judgment in

summary proceeding involving possession of real property ......................................................... 14 Rule 3.1362. Motion to be relieved as counsel ............................................. 14 Rule 3.1385. Duty to notify court and others of settlement of entire case ... 15 Rule 3.1702. Claiming attorney’s fees .......................................................... 16 Rule 4.551. Habeas corpus proceedings ....................................................... 17 Rule 5.505. Juvenile dependency court performance measures ................... 18 Rule 5.275.

Standards for computer software to assist in determining support ................................................................................ 24 Rule 5.552. Confidentiality of records (§§ 827, 828) ................................... 25 Rule 5.553. Juvenile case file of a deceased child ........................................ 31 Rule 5.570. Request to change court order ................................................... 32

Rule 5.600. Writ petition after orders setting hearing under

section 366.26; appeal ................................................................................. 32 Rule 5.640. Psychotropic medications .......................................................... 33 Rule 5.645. Mental health or condition of child; court procedures .............. 35 Rule 5.690. General conduct of disposition hearing ..................................... 35 Rule 5.725. Selection of permanent plan (§§ 366.26, 727.31) ..................... 36 Rule 5.772.

Conduct of fitness hearings under sections 707(a)(2) and 707(c) ................................................................................................... 38 Rule 7.1011. Taking possession of an asset of the ward at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution ................................................... 38 Rule 7.1012. The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian .............................. 40 Rule 7.1061.

Taking possession of an asset of the conservatee at an institution or opening or changing ownership of an account or safe-deposit box in a financial institution ................................................... 41 Rule 7.1062. The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator .......................... 43 Rule 7.1101. Qualifications and continuing education required of counsel appointed by the court in guardianships and conservatorships . 44 Rule 8.18. Documents violating rules not to be filed ................................... 46 Rule 8.25.

Service and filing ......................................................................... 46 Rule 8.112. Petition for writ of supersedeas ................................................. 47 Rule 8.200. Briefs by parties and amici curiae ............................................. 48 Rule 8.208. Certificate of Interested Entities or Persons .............................. 49 Rule 8.216. Appeals in which a party is both appellant and respondent ...... 50 Rule 8.252. Judicial notice; findings and evidence on appeal ...................... 50 Rule 8.264.

Filing, finality, and modification of decision ............................ 51 Rule 8.268. Rehearing ................................................................................... 52 Rule 8.272. Remittitur ................................................................................... 53 Rule 8.278. Costs on appeal .......................................................................... 53 Rule 8.312. Stay of execution and release on appeal .................................... 54 Rule 8.361. Certificate of interested entities or persons ............................... 54 Rule 8.366.

Hearing and decision in the Court of Appeal ............................ 55 Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney .................................................................... 56 Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party .................................................................................................... 58 Rule 8.385. Proceedings after the petition is filed ........................................ 59 Rule 8.386.

Proceedings if the return is ordered to be filed in the reviewing court...................................................................................... 61 Rule 8.387. 8.386. Remittitur Decision in habeas corpus proceedings ........ 63

Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 ......... 65 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 .......... 66 Rule 8.485 Application ................................................................................. 66 Rule 8.486.8.490. Petitions for writ of mandate, certiorari, or prohibition . 67 Rule 8.487. Opposition and Attorney General amicus briefs ....................... 73 Rule 8.488. Certificate of Interested Entities or Persons .............................. 75 Rule 8.489. Notice to trial court .................................................................... 76 Rule 8.490.

Filing, finality, and modification of decisions; remittitur ......... 77 Rule 8.491. Responsive pleading under Code of Civil Procedure

section 418.10 ............................................................................................. 78 Rule 8.492. Sanctions ................................................................................... 78 Rule 8.493. Costs .......................................................................................... 79 Rule 8.495.8.494. Review of Workers’ Compensation Appeals Board cases ................................................................................................. 80 Rule 8.500. Petition for review ..................................................................... 80 Rule 8.504.

Form and contents of petition, answer, and reply ..................... 81 Rule 8.520. Briefs by parties and amici curiae; judicial notice .................... 82 Rule 8.552. Transfer for decision ................................................................. 83 Rule 8.805. Amendments to rules and statutes ............................................. 84 Rule 8.817. Service and filing ....................................................................... 84 Rule 8.843. Transmitting exhibits ................................................................. 86 Rule 8.851.

Appointment of appellate counsel ............................................. 87 Rule 8.866. Preparation of reporter’s transcript ........................................... 87 Rule 8.868. Record when trial proceedings were officially electronically recorded ................................................................................ 87 Rule 8.882. Briefs by parties and amici curiae ............................................. 88 Rule 8.884. Appeals in which a party is both appellant and respondent ...... 89 Rule 8.917.

Record when trial proceedings were officially electronically recorded ................................................................................ 89 Rule 8.919. Preparation of reporter’s transcript ........................................... 90 Rule 8.931. Petitions filed by persons not represented by an attorney ......... 90 Rule 8.1018. Finality and remittitur .............................................................. 91 Rule 10.172. Court security plans ................................................................. 92 Rule 10.173.

Court security committees ....................................................... 95 Rule 10.613. Local court rules—ad opting, filing, distributing, and maintaining .................................................................................................. 96 Rule 10.820. Acceptance of credit cards by the superior courts ................... 97 Standard 10.40. Court security ...................................................................... 97

Effective July 1, 2009: Rule 3.865. Application and purpose ............................................................ 99 Rule 3.866.

Definitions ............................................................................... 100 Rule 3.867.3.866. Designation of person to receive inquiries and complaints Complaint coordinator ..................................................... 101 Rule 3.868.3.865. Complaint procedure required ........................................ 102 Rule 3.869. General requirements for complaint procedures and complaint proceedings ....................................................................... 102 Rule 3.870. Permissible court actions on complaints ................................. 105 Rule 3.871.3.867.

Confidentiality of complaint procedures proceedings, information, and records ...................................................... 106 Rule 3.872.3.868. Disqualification from subsequently serving as an adjudicator ............................................................................................ 108 Rule 3.890 3.870. Application .................................................................... 109 Rule 3.891 3.871. Actions subject to mediation ......................................... 109 Rule 3.892 3.872.

Panels of mediators ....................................................... 109 Rule 3.893 3.873. Selection of mediators ................................................... 109 Rule 3.894 3.874. Attendance, participant lists, and mediation statements 109 Rule 3.896 3.876. Coordination with Trial Court Delay Reduction Act .... 110 Rule 3.897 3.877. Statistical information ................................................... 110 Rule 3.898 3.878. Educational material ...................................................... 110 Rule 10.781.

Court-related ADR neutrals................................................... 110 1 2

1 Rule 10.660. Enforcement of agreements—petitions (Gov. Code, §§ 71639.5, 1 71825.2) 2 3 (

a) Application 4 5 This rule applies to petitions filed under Government Code sections 71639.5(

a) and 6 71825.2(a). 7 8 (Subd (

a) amended effective October 24, 2008; previously amended effective December 10, 2004, 9 and January 1, 2007.) 10 11 (b)–(e) *** 12 13 Rule 10.660 amended effective October 24, 2008; adopted as rule 2211 effective January 1, 2001; 14 previously amended effective December 10, 2004; previously amended and renumbered effective January 15 1, 2007. 16 17

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

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

e) amended effective January 1, 2009; previously amended effective January 1, 2007.) 14 15 (f)–(g) *** 16 17 Rule 1.31 amended effective January 1, 2009; adopted effective January 1, 2007; previously amended 18 effective January 1, 2007. 19 20 21 Rule 1.35. Optional forms 22 23 (a)–(d) *** 24 25 (

e) No alteration of forms 26 27 Courts may not alter an optional Judicial Council form and require the use of an 28 altered optional Judicial Council form's use in place of the Judicial Council form. 29 However, a judicial officer may modify a Judicial Council form order as necessary 30 or appropriate to adjudicate a particular case. 31 32 (Subd (

e) amended effective January 1, 2009.) 33 34 (f) *** 35 36 Rule 1.35 amended effective January 1, 2009; adopted effective January 1, 2007. 37 38 39 Rule 2.260. Electronic service 40 41 (a)–(e) *** 42 43

3 (

f) Proof of service 1 2

(1) Proof of electronic service may be by any of the methods provided in Code of 3 Civil Procedure

section 1013(a), except that the proof of service must state: 4 5 (

A) The electronic notification address of the person making the service, in 6 place of addition to that person’s residence or business address; 7 8 (B)–(D) *** 9 10 (2)–(4) *** 11 12 (Subd (

f) amended effective January 1, 2009; adopted as subd (

c) effective January 1, 2003; 13 previously amended effective January 1, 2007; previously relettered effective January 1, 2008.) 14 15 (g) *** 16 17 Rule 2.260 amended effective January 1, 2009; adopted as rule 2060 effective January 1, 2003; 18 previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 19 2008. 20 21 22 Rule 2.400. Court records 23 24 (

a) Removal of papers 25 26 Only the clerk may remove and replace papers in the court’s files. Unless otherwise 27 ordered by the court, filed papers may only be inspected by the public in the office 28 of the clerk and released to a court officer or authorized court personnel or an 29 attorney of record for use in a court facility. No original papers filed with the clerk 30 may be used in any location other than a court facility, unless so ordered by the 31 presiding judge 32 33 (Subd (

a) amended effective January 1, 2009; previously amended effective July 1, 1993, January 34 1, 2007, and January 1, 2008.) 35 36 (b)–(c) *** 37 38 Rule 2.400 amended effective January 1, 2009; adopted as rule 243 effective January 1, 1949; previously 39 amended and renumbered effective January 1, 2007; previously amended effective July 1, 1993, and 40 January 1, 2008. 41 42 43

4 Rule 2.810. Temporary judges appointed by the trial courts 1 2 (

a) Scope of rule 3 4 Rules 2.810–2.819 apply to attorneys who serve as court-appointed temporary 5 judges in the trial courts. The rules do not apply to subordinate judicial officers, to 6 retired judicial officers appointed by the courts to serve as temporary judges, or to 7 attorneys designated by the courts to serve as temporary judges at the parties’ 8 request. 9 10 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2007.) 11 12 (b)–(d) *** 13 14 Rule 2.810 amended effective January 1, 2009; adopted as rule 243.11 effective July 1, 2006; previously 15 amended and renumbered effective January 1, 2007. 16 17 18 Rule 2.812. Requirements for court appointment of an attorney to serve as a 19 temporary judge 20 21 (a)–(b) *** 22 23 (

c) Education and training requirements 24 25 The presiding judge may appoint an attorney to serve as a temporary judge only if 26 the following minimum training requirements are satisfied: 27 28

(1) Mandatory training on bench conduct and demeanor 29 30 Before appointment, the attorney must have attended and successfully 31 completed, within the previous three years, a course of at least 3 hours’ 32 duration on the subjects identified in rule 2.813(

a) approved by the court in 33 which the attorney will serve. This course must be taken in person and be 34 taught by a qualified judicial officer or other person approved by the 35 Administrative Office of the Courts. 36 37

(2) Mandatory training in ethics 38 39 Before appointment, the attorney must have attended and successfully 40 completed, within the previous three years, a course of at least 3 hours’ 41 duration on the subjects identified in rule 2.813(

b) approved by the court in 42 which the attorney will serve. This course may be taken by any means 43

5 approved by the court, including in-person, by broadcast with participation, or 1 online. 2 3

(3) Substantive training 4 5 Before appointment, the attorney must have attended and successfully 6 completed, within the previous three years, a course on the substantive law in 7 each subject area in which the attorney will serve as a temporary judge. These 8 courses may be taken by any means approved by the court, including in-9 person, by broadcast with participation, or online. The substantive courses 10 have the following minimum requirements: 11 12 (

A) Small claims 13 14 An attorney serving as a temporary judge in small claims cases must 15 have attended and successfully completed, within the previous three 16 years, a course of at least 3 hours’ duration on the subjects identified in 17 rule 2.813(

c) approved by the court in which the attorney will serve. 18 19 (

B) Traffic 20 21 An attorney serving as a temporary judge in traffic cases must have 22 attended and completed, within the previous three years, a course of at 23 least 3 hours’ duration on the subjects identified in rule 2.813(d) 24 approved by the court in which the attorney will serve. 25 26 (

C) Other subject areas 27 28 If the court assigns attorneys to serve as temporary judges in other 29 substantive areas such as civil law, family law, juvenile law, unlawful 30 detainers, or case management, the court must determine what additional 31 training is required and what additional courses are required before an 32 attorney may serve as a temporary judge in each of those subject areas. 33 The training required in each area must be of at least 3 hours’ duration. 34 The court may also require that an attorney possess additional years of 35 practical experience in each substantive area before being assigned to 36 serve as a temporary judge in that subject area. 37 38 (D)–(E) *** 39 40 (Subd (

c) amended effective January 1, 2009; previously amended effective January 1, 2007.) 41 42

6 (

d) Requirements for retired judicial officers 1 2 Commencing five years after the retired judicial officer last served in a judicial 3 position either as a full-time judicial officer or as an assigned judge, a retired 4 judicial officer serving as a temporary judge must satisfy all the education and 5 training requirements of this rule. However, a retired judicial officer serving as a 6 temporary judge in a small claims case must satisfy all the requirements of Code of 7 Civil Procedure

section 116.240(

b) and the rules in this

chapter before serving in 8 the case. 9 10 (Subd (

d) adopted effective January 1, 2009.) 11 12 (d)(e) *** 13 14 (Subd (

e) relettered effective January 1, 2009; adopted as subd (

d) effective July 1, 2006.) 15 16 (e)(f) *** 17 18 (Subd (

f) relettered effective January 1, 2009; adopted as subd (

e) effective July 1, 2006.) 19 20 (f)(g) *** 21 22 (Subd (

g) relettered effective January 1, 2009; adopted as subd (

f) effective July 1, 2006.) 23 24 Rule 2.812 amended effective January 1, 2009; adopted as rule 243.13 effective July 1, 2006; previously 25 amended and renumbered effective January 1, 2007. 26 27 28 Rule 3.61. Court fees and costs waived by initial application 29 30 Court fees and costs that must be waived upon granting an application to proceed in 31 forma pauperis include: 32 33 (1)–(5) *** 34 35

(6) Sheriff’s and marshal’s fees under

article 7 of

chapter 2 of

part 3 of division 2 of 36 title 3 of division 2 of the Government Code (commencing with

section 26720); 37 38 (7)–(9) *** 39 40 Rule 3.61 amended effective January 1, 2009; adopted effective January 1, 2007. 41 42 43

7 Rule 3.220. Case cover sheet 1 2 (

a) Cover sheet required 3 4 The first paper filed in an action or proceeding must be accompanied by a case 5 cover sheet as required in (b). The cover sheet must be on a form prescribed by the 6 Judicial Council and must be filed in addition to any cover sheet required by local 7 court rule. If the plaintiff indicates on the cover sheet that the case is complex under 8 rule 3.400 et seq. or a collections case under rule 3.740, the plaintiff must serve a 9 copy of the cover sheet with the complaint. In all other cases, the plaintiff is not 10 required to serve the cover sheet. The cover sheet is used for statistical purposes and 11 may affect the assignment of a complex case. 12 13 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2000, 14 January 1, 2002, and January 1, 2007.) 15 16 (b)–(c) *** 17 18 Rule 3.220 amended effective January 1, 2009; adopted as rule 982.2 effective July 1, 1996; previously 19 amended and renumbered as rule 201.8 effective July 1, 2002, and as rule 3.220 effective January 1, 20 2007; previously amended effective January 1, 2000, January 1, 2002, and July 1, 2003. 21 22 23 Rule 3.740. Collections cases 24 25 (a) *** 26 27 (

b) Civil Case Cover Sheet 28 29 If a case meets the definition in (a), a plaintiff must check the case type box on the 30 Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case 31 under rule 3.740 and serve the Civil Case Cover Sheet (form CM-010) with the 32 initial complaint. 33 34 (Subd (

b) amended effective January 1, 2009.) 35 36 (c)–(f) *** 37 38 Rule 3.740 amended effective January 1, 2009; adopted effective July 1, 2007. 39 40 41 Rule 3.769. Settlement of class actions 42 43

8 (a)–(g) *** 1 2 (

h) Judgment and retention of jurisdiction to enforce 3 4 If the court approves the settlement agreement after the final approval hearing, the 5 court must make and enter judgment. The judgment must include a provision for the 6 retention of the court’s jurisdiction over the parties to enforce the terms of the 7 judgment. The court may not enter an order dismissing the action at the same time 8 as, or after, entry of judgment. 9 10 (Subd (

h) amended effective January 1, 2009.) 11 12 Rule 3.769 amended effective January 1, 2009; adopted as rule 1859 effective January 1, 2002; 13 previously amended and renumbered effective January 1, 2007. 14 15 16 Rule 3.770. Dismissal of class actions 17 18 (

a) Court approval of dismissal 19 20 A dismissal of an entire class action, or of any party or cause of action in a class 21 action, requires court approval. The court may not grant a request to dismiss a class 22 action if the court has entered judgment following final approval of a settlement. 23 Requests for dismissal must be accompanied by a declaration setting forth the facts 24 on which the party relies. The declaration must clearly state whether consideration, 25 direct or indirect, is being given for the dismissal and must describe the 26 consideration in detail. 27 28 (Subd (

a) amended effective January 1, 2009; adopted as untitled subd effective January 1, 1984; 29 previously amended and lettered as subd (

a) effective January 1, 2002; previously amended 30 effective January 1, 2007.) 31 32 (b)–(c) *** 33 34 Rule 3.770 amended effective January 1, 2009; adopted as rule 365 effective January 1, 1984; previously 35 amended and renumbered as rule 1860 effective January 1, 2002, and as rule 3.770 effective January 1, 36 2007. 37 38 39 Rule 3.851. Application 40 41 (

a) Circumstances applicable 42 43 The rules in this

article apply to mediations in which a mediator: 44

9 1

(1) Has agreed to be included on a superior court’s list or panel of mediators for 2 general civil cases and is notified by the court or the parties that he or she has 3 been selected to mediate a case within that court’s mediation program; and or 4 5 (2) *** 6 7 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2007.) 8 9 (b)–(e) *** 10 11 Rule 3.851 amended effective January 1, 2009; adopted as rule 1620.1 effective January 1, 2003; 12 previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 13 2007. 14 15 16 Division 10. Discovery 17 18

Chapter 3. Discovery Motions 19 20 Division 11. Law and Motion 21 22

Chapter 6. Particular Motions 23 24

Article 1. Pleading and Venue Motions 25 26 27 Rule 3.1320. Demurrers 28 29 (a)–(h) *** 30 31 (

i) Motion to strike late-filed amended pleading 32 33 If an amended pleading is filed after the time allowed, an order striking the 34 amended pleading must be obtained by noticed motion under Code of Civil 35 Procedure

section 1010. 36 37 (Subd (

i) amended effective January 1, 2009; adopted as part of subd (

f) effective January 1, 1984; 38 previously amended effective July 1, 1995; previously amended and lettered effective January 1, 39 2007.) 40 41 (j) *** 42 43

10 Rule 3.1320 amended effective January 1, 2009; adopted as rule 325 effective January 1, 1984; 1 previously amended effective July 1, 1984, July 1, 1995, and July 1, 2000; previously amended and 2 renumbered effective January 1, 2007. 3 4 5 Rule 3.1327. Motions to quash or to stay action in

summary proceeding involving 6 possession of real property 7 8 (

a) Notice 9 10 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 11

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 12 motion to quash service of summons on the ground of lack of jurisdiction or to stay 13 or dismiss the action on the ground of inconvenient forum must be given in 14 compliance with Code of Civil Procedure sections 1013 and 1167.4. 15 16 (

b) Opposition and reply at hearing 17 18 Any opposition to the motion and any reply to an opposition may be made orally at 19 the time of hearing or in writing as set forth in (c). 20 21 (

c) Written opposition in advance of hearing 22 23 If a party seeks to have a written opposition considered in advance of the hearing, 24 the written opposition must be filed and served on or before the court day before the 25 hearing. Service must be by personal delivery, facsimile transmission, express mail, 26 or other means consistent with Code of Civil Procedure sections 1010, 1011, 1012, 27 and 1013, and reasonably calculated to ensure delivery to the other party or parties 28 no later than the close of business on the court day before the hearing. The court, in 29 its discretion, may consider written opposition filed later. 30 31 Rule 3.1327 adopted effective January 1, 2009. 32 33 34

Article 3. Motion to Dismiss 35 36 37 Rule 3.1342. Motion to dismiss for delay in prosecution 38 39 (

a) Notice of motion 40 41 A party seeking dismissal of a case under Code of Civil Procedure sections 42 583.410–583.430 must serve and file a notice of motion at least 45 days before the 43

11 date set for hearing of the motion. The party may, with the memorandum, serve and 1 file a declaration stating facts in support of the motion. The filing of the notice of 2 motion must not preclude the opposing party from further prosecution of the case to 3 bring it to trial. 4 5 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 1986, and 6 January 1, 2007.) 7 8 (b)–(f) *** 9 10 Rule 3.1342 amended effective January 1, 2009; adopted as rule 373 effective January 1, 1984; 11 previously amended effective January 1, 1986; previously amended and renumbered effective January 1, 12 2007. 13 14 15

Article 4. Discovery Motions 16 17 Title 3, Civil Rules—Division 11, Law and Motion—

Chapter 6, Particular Motions—Article 4, Discovery 18 Motions adopted effective January 1, 2009. 19 20 21 Rule 3.1345.3.1020. Format of discovery motions 22 23 *** 24 25 Rule 3.1345 renumbered effective January 1, 2009; adopted as rule 335 effective January 1, 1984; 26 previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001; 27 previously amended and renumbered as rule 3.1020 effective January 1, 2007. 28 29 30 Rule 3.1346.3.1025.

Service of motion papers on nonparty deponent 31 32 *** 33 34 Rule 3.1346 renumbered effective January 1, 2009; adopted as rule 337 effective January 1, 1984; 35 previously amended effective July 1, 1987; previously amended and renumbered as rule 3.1025 effective 36 January 1, 2007. 37 38 39 Rule 3.1347. Discovery motions in

summary proceeding involving possession of real 40 property 41 42 (

a) Notice 43 44

12 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 1

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 2 discovery motion must be given in compliance with Code of Civil Procedure 3 sections 1013 and 1170.8. 4 5 (

b) Opposition and reply at hearing 6 7 Any opposition to the motion and any reply to an opposition may be made orally at 8 the time of hearing or in writing as set forth in (c). 9 10 (

c) Written opposition in advance of hearing 11 12 If a party seeks to have a written opposition considered in advance of the hearing, 13 the written opposition must be served and filed on or before the court day before the 14 hearing. Service must be by personal delivery, facsimile transmission, express mail, 15 or other means consistent with Code of Civil Procedure sections 1010, 1011, 1012, 16 and 1013, and reasonably calculated to ensure delivery to the other party or parties 17 no later than the close of business on the court day before the hearing.

The court, in 18 its discretion, may consider written opposition filed later. 19 20 Rule 3.1347 adopted effective January 1, 2009. 21 22 Rule 3.1348.3.1030. Sanctions for failure to provide discovery 23 24 *** 25 26 Rule 3.1348 renumbered effective January 1, 2009; adopted as rule 341 effective July 1, 2001; previously 27 renumbered as rule 3.1030 effective January 1, 2007. 28 29

Article 5.4

Summary Judgment Motions 30 31 Title 3, Civil Rules—Division 11, Law and Motion—

Chapter 6, Particular Motions—Article 5,

Summary 32 Judgment Motions renumbered effective January 1, 2009; adopted as

article 4 effective January 1, 2007. 33 34 Rule 3.1350. Motion for

summary judgment or

summary adjudication 35 36 (a)–(b) *** 37 38 (

c) Documents in support of motion 39 40 Except as provided in Code of Civil Procedure

section 437c(

r) and rule 3.1351, the 41 motion must contain and be supported by the following documents: 42 43

(1) Notice of motion by [moving party] for

summary judgment or

summary 1 adjudication or both; 2 3

(2) Separate statement of undisputed material facts in support of [moving party’s] 4 motion for

summary judgment or

summary adjudication or both; 5 6

(3) Memorandum in support of [moving party’s] motion for

summary judgment or 7

summary adjudication or both; 8 9

(4) Evidence in support of [moving party’s] motion for

summary judgment or 10

summary adjudication or both; and 11 12

(5) Request for judicial notice in support of [moving party’s] motion for

summary 13 judgment or

summary adjudication or both (if appropriate). 14 15 (Subd (

c) amended effective January 1, 2009; previously amended effective January 1, 2002, and 16 January 1, 2007.) 17 18 (d) *** 19 20 (

e) Documents in opposition to motion 21 22 Except as provided in Code of Civil Procedure

section 437c(

r) and rule 3.1351, the 23 opposition to a motion must consist of the following documents, separately stapled 24 and titled as shown: 25 26 (1) [Opposing party’s] memorandum in opposition to [moving party’s] motion for 27

summary judgment or

summary adjudication or both; 28 29 (2) [Opposing party’s] separate statement of undisputed material facts in 30 opposition to [moving party’s] motion for

summary judgment or

summary 31 adjudication or both; 32 33 (3) [Opposing party’s] evidence in opposition to [moving party’s] motion for 34

summary judgment or

summary adjudication or both (if appropriate); and 35 36 (4) [Opposing party’s] request for judicial notice in opposition to [moving 37 party’s] motion for

summary judgment or

summary adjudication or both (if 38 appropriate). 39 40 (Subd (

e) amended effective January 1, 2009; previously amended effective January 1, 2002, and 41 January 1, 2007.) 42 43

14 (f)–(i) *** 1 2 Rule 3.1350 amended effective January 1, 2009; adopted as rule 342 effective July 1, 1997; previously 3 amended effective January 1, 1999, January 1, 2002, January 1, 2008, and July 1, 2008; previously 4 amended and renumbered effective January 1, 2007. 5 6 7 Rule 3.1351. Motions for

summary judgment in

summary proceeding involving 8 possession of real property 9 10 (

a) Notice 11 12 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 13

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 14 motion for

summary judgment must be given in compliance with Code of Civil 15 Procedure sections 1013 and 1170.7. 16 17 (

b) Opposition and reply at hearing 18 19 Any opposition to the motion and any reply to an opposition may be made orally at 20 the time of hearing or in writing as set forth in (c). 21 22 (

c) Written opposition in advance of hearing 23 24 If a party seeks to have a written opposition considered in advance of the hearing, 25 the written opposition must be filed and served on or before the court day before the 26 hearing. Service must be by personal delivery, facsimile transmission, express mail, 27 or other means consistent with Code of Civil Procedure sections 1010, 1011, 1012, 28 and 1013, and reasonably calculated to ensure delivery to the other party or parties 29 no later than the close of business on the court day before the hearing. The court, in 30 its discretion, may consider written opposition filed later. 31 32 Rule 3.1351 adopted effective January 1, 2009. 33 34 35

Article 6.5 Miscellaneous Motions 36 Title 3, Civil Rules—Division 11, Law and Motion—Chapter 6, Particular Motions—Article 6, 37 Miscellaneous Motions renumbered effective January 1, 2009; adopted as

article 5 effective January 1, 38 2007. 39 40 41 Rule 3.1362. Motion to be relieved as counsel 42 43

15 (a)–(c) *** 1 2 (

d) Service 3 4 The notice of motion and motion, and the declaration, and the proposed order must 5 be served on the client and on all other parties who have appeared in the case. The 6 notice may be by personal service or mail. If the notice is served on the client by 7 mail under Code of Civil Procedure

section 1013, it must be accompanied by a 8 declaration stating facts showing that either: 9 10 *** 11 12 (Subd (

d) amended effective January 1, 2009; adopted as subd (

c) effective July 1, 1984; previously 13 amended effective July 1, 1991, January 1, 1996, and January 1, 2007; previously relettered and 14 amended effective July 1, 2000.) 15 16 (

e) Order 17 18 The proposed order relieving counsel must be prepared on the Order Granting 19 Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053) and must be 20 lodged with the court and served on the client with the moving papers. The order 21 must specify all hearing dates scheduled in the action or proceeding, including the 22 date of trial, if known. If no hearing date is presently scheduled, the court may set 23 one and specify the date in the order.

After the order is signed, a copy of the signed 24 order must be served on the client and on all parties that have appeared in the case. 25 The court may delay the effective date of the order relieving counsel until proof of 26 service of a copy of the signed order on the client has been filed with the court. 27 28 (Subd (

e) amended effective January 1, 2009; adopted as subd (

d) effective July 1, 1984; previously 29 amended effective January 1, 1996, and January 1, 2007; previously amended and relettered 30 effective July 1, 2000.) 31 32 Rule 3.1362 amended effective January 1, 2009; adopted as rule 376 effective July 1, 1984; previously 33 amended effective July 1, 1991, January 1, 1996, and July 1, 2000; previously amended and renumbered 34 effective January 1, 2007. 35 36 37 Rule 3.1385. Duty to notify court and others of settlement of entire case 38 39 (a) *** 40 41 (

b) Dismissal of case 42 43

16 Except as provided in (

c) or (d), each plaintiff or other party seeking affirmative 1 relief must serve and file a request for dismissal of the entire case within 45 days 2 after the date of settlement of the case. If the plaintiff or other party required to 3 serve and file the request for dismissal does not do so, the court must dismiss the 4 entire case 45 days after it receives notice of settlement unless good cause is shown 5 why the case should not be dismissed. 6 7 (Subd (

b) amended effective January 1, 2009; adopted effective January 1, 1989; previously 8 amended effective July 1, 2002, January 1, 2004, and January 1, 2006.) 9 10 (c) *** 11 12 (

d) Compromise of claims of a minor or disabled person 13 14 If the settlement of the case involves the compromise of the claim of a minor or 15 person with a disability, the court must not hold an order to show cause hearing 16 under (

b) before the court has held a hearing to approve the settlement, provided the 17 parties have filed appropriate papers to seek court approval of the settlement. 18 19 (Subd (

d) adopted effective January 1, 2009.) 20 21 (

e) Request for additional time to complete settlement 22 23 If a party who has served and filed a notice of settlement under (

a) determines that 24 the case cannot be dismissed within the prescribed 45 days, that party must serve 25 and file a notice and a supporting declaration advising the court of that party’s 26 inability to dismiss the case within the prescribed time, showing good cause for its 27 inability to do so, and proposing an alternative date for dismissal. The notice and a 28 supporting declaration must be served and filed at least 5 court days before the time 29 for requesting dismissal has elapsed. If good cause is shown, the court must 30 continue the matter to allow additional time to complete the settlement.

The court 31 may take such other actions as may be appropriate for the proper management and 32 disposition of the case. 33 34 (Subd (

e) adopted effective January 1, 2009.) 35 36 Rule 3.1385 amended effective January 1, 2009; adopted as rule 225 effective January 1, 1985; 37 previously amended effective January 1, 1989, January 1, 1992, July 1, 2001, July 1, 2002, January 1, 38 2004, and January 1, 2006; previously amended and renumbered effective January 1, 2007. 39 40 41 Rule 3.1702. Claiming attorney’s fees 42 43

17 (a) *** 1 2 (

b) Attorney’s fees before trial court judgment 3 4 (1) *** 5 6

(2) Stipulation for extension of time 7 8 The parties may, by stipulation filed before the expiration of the time allowed 9 under (b)(1), extend the time for filing a motion for attorney’s fees: 10 11 (

A) Until 60 days after the expiration of the time for filing a notice of appeal; 12 or 13 14 (

B) If a notice of appeal is filed, until the time within which a memorandum 15 of costs must be served and filed under rule 8.276(d) 8.278(c). 16 17 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 1999, 18 January 1, 2006, and January 1, 2007.) 19 20 (c)–(e) *** 21 22 Rule 3.1702 amended effective January 1, 2009; adopted as rule 870.2 effective January 1, 1994; 23 previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 24 1999, January 1, 2006, and July 1, 2008. 25 26 27 Rule 4.551. Habeas corpus proceedings 28 29 (

a) Petition; form and court ruling 30 31

(1) Except as provided in (2), the petition must be on the Petition for Writ of 32 Habeas Corpus (form MC-275), and must be served as required in Penal Code 33

section 1475. 34 35 (2)–(5) *** 36 37 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2002, 38 January 1, 2004, and January 1, 2007.) 39 40 (b)–(h) *** 41 42

18 Rule 4.551 amended effective January 1, 2009; adopted as rule 260 effective January 1, 1982; previously 1 renumbered as rule 4.500 effective January 1, 2001; previously amended and renumbered effective 2 January 1, 2002; previously amended effective January 1, 2004, and January 1, 2007. 3 4 5 Rule 5.505. Juvenile dependency court performance measures 6 7 (

a) Purpose 8 9 The juvenile dependency court performance measures and related procedures set 10 forth in this rule are intended to: 11 12

(1) Protect abused and neglected children by assisting courts in promoting 13 children’s placement in safe and permanent homes, enhancing their well-being 14 and that of their families, and ensuring that all participants receive timely and 15 fair treatment; 16 17

(2) Assist trial courts in meeting the mandated timelines for dependency hearings, 18 securing due process for all litigants, and, in collaboration with the child 19 welfare agency, improving safety, permanency, and well-being outcomes for 20 children and families under the jurisdiction of the juvenile dependency court; 21 and 22 23

(3) Assist courts in making well-informed resource allocation decisions. 24 25 (

b) Performance measures 26 27 Detailed

definitions of the performance measures and descriptions of the methods 28 for producing the performance measures in accordance with (c)(2) and (3) are 29 contained in the Judicial Council–approved Implementation Guide to Juvenile 30 Dependency Court Performance Measures. 31 32 The juvenile dependency court performance measures are: 33 34

(1) Hearing timeliness: 35 36 (

A) Percentage of children for whom the initial hearing is completed within 37 the statutory time frame following the filing of the initial petition; 38 39 (

B) Percentage of children for whom the jurisdictional hearing is completed 40 within the statutory time frame following the initial hearing; 41 42

19 (

C) Percentage of children for whom the disposition hearing is completed 1 within the statutory time frame following the finding of jurisdiction; 2 3 (

D) Percentage of children for whom a 3-month or other interim review 4 hearing is held; 5 6 (

E) Percentage of children for whom the 6-month review hearing is 7 completed within 6 months of the date the child entered foster care; 8 9 (

F) Percentage of children for whom the 12-month permanency hearing is 10 completed within 12 months of the date the child entered foster care; 11 12 (

G) Percentage of children for whom the 18-month review hearing is 13 completed within 18 months of the date of original protective custody; 14 15 (

H) Percentage of children for whom the first

section 366.26 hearing is 16 completed within 120 days of the termination of reunification services; 17 18 (

I) Percentage of children whose postpermanency hearing is completed 19 within 6 months of the

section 366.26 hearing or the last 20 postpermanency hearing; 21 22 (

J) Percentage of children in long-term foster care whose subsequent

section 23 366.26 hearing is completed within 12 months of the previous

section 24 366.26 hearing; 25 26 (

K) Percentage of children whose adoption is finalized within 180 days after 27 termination of parental rights; 28 29 (

L) Median time from disposition or

section 366.26 hearing to order 30 establishing guardianship; 31 32 (

M) Percentage of children for whom the first and subsequent 33 postpermanency review hearings are completed within the statutory time 34 frame; 35 36 (

N) Percentage of hearings delayed by reasons for delay and hearing type; 37 38 (

O) Median time from filing of original petition to implementation of a 39 permanent plan by permanent plan type; and 40 41 (

P) Median time from filing of original petition to termination of jurisdiction 42 by reason for termination of jurisdiction. 43

20 1

(2) Court procedures and due process: 2 3 (

A) Percentage of cases in which all hearings are heard by one judicial 4 officer; 5 6 (

B) Percentage of cases in which all parties and other statutorily entitled 7 individuals are served with a copy of the original petition; 8 9 (

C) Percentage of hearings in which notice is given to all statutorily entitled 10 parties and individuals within the statutory time frame; 11 12 (

D) Percentage of hearings in which child or parents are present if statutorily 13 entitled to be present; 14 15 (

E) Percentage of hearings in which a judicial inquiry is made when a child 16 10 years of age or older is not present at hearing; 17 18 (

F) Percentage of hearings in which other statutorily entitled individuals 19 who are involved in the case (e.g., CASA volunteers, caregivers, de facto 20 parents, others) are present; 21 22 (

G) Percentage of cases in which legal counsel for parents, children, and the 23 child welfare agency are present at every hearing; 24 25 (

H) Point at which children and parents are assigned legal counsel; 26 27 (

I) Percentage of cases in which legal counsel for children or parents 28 changes; 29 30 (

J) Percentage of cases in which no reunification services are ordered and 31 reasons; 32 33 (

K) Percentage of cases for which youth have input into their case plans; and 34 35 (

L) Cases in compliance with the requirements of the Indian Child Welfare 36 Act (ICWA). 37 38

(3) Child safety in the child welfare system: 39 40 (

A) Percentage of children who are not victims of another substantiated 41 maltreatment allegation within 6 and 12 months after the maltreatment 42 incident that led to the filing of the initial petition; and 43

21 1 (

B) For all children served in foster care during the year, percentage of 2 children who were not victims of substantiated maltreatment by a foster 3 parent or facility staff member. 4 5

(4) Child permanency: 6 7 (

A) Percentage of children reunified in less than 12 months; 8 9 (

B) Percentage of children who were reunified but reentered foster care 10 within 12 months; 11 12 (

C) Percentage of children who were discharged from foster care to a 13 finalized adoption within 24 months; 14 15 (

D) Percentage of children in foster care who were freed for adoption; 16 17 (

E) Percentage of children in long-term foster care who were discharged to a 18 permanent home before their 18th birthdays; 19 20 (

F) Of children discharged to emancipation or aging out of foster care, 21 percentage who were in foster care 3 years or longer; 22 23 (

G) Percentage of children with multiple foster-care placements; 24 25

(5) Child and family well-being: 26 27 (

A) Percentage of children 14 years of age or older with current transitional 28 independent living plans; 29 30 (

B) Percentage of children for whom a

section 391 termination of 31 jurisdiction hearing was held; 32 33 (

C) Percentage of

section 391 termination of jurisdiction hearings that did 34 not result in termination of jurisdiction and reasons jurisdiction did not 35 terminate; 36 37 (

D) Percentage of youth present at

section 391 termination of jurisdiction 38 hearing with judicial confirmation of receipt of all services and 39 documents mandated by

section 391(b)(1–5); 40 41 (

E) Percentage of children placed with all siblings who are also under court 42 jurisdiction, as appropriate; 43

22 1 (

F) Percentage of children placed with at least one but not all siblings who 2 are also under court jurisdiction, as appropriate; 3 4 (

G) For children who have siblings under court jurisdiction but are not 5 placed with all of them, percentage of cases in which sibling visitation is 6 not ordered and reasons; 7 8 (

H) Percentage of cases in which visitation is not ordered for parents and 9 reasons; 10 11 (

I) Number of visitation orders for adults other than parents and siblings, 12 (e.g., grandparents, other relatives, extended family members, others) as 13 appropriate; 14 15 (

J) Number of cases in which the court has requested relative-finding efforts 16 from the child welfare agency; 17 18 (

K) Percentage of children placed with relatives; 19 20 (

L) For children 10 years of age or older and in foster care for at least 6 21 months, percentage for whom the court has inquired whether the social 22 worker has identified persons important to the child; and 23 24 (

M) For children 10 years of age or older in foster care for at least 6 months, 25 percentage for whom the court has made orders to enable the child to 26 maintain relationships with persons important to that child. 27 28 (

c) Data collection 29 30

(1) California’s Court Case Management System (CCMS) family and juvenile 31 law module must be capable of collecting the data described in the 32 Implementation Guide to Juvenile Dependency Court Performance Measures 33 in order to calculate the performance measures and to produce performance 34 measure reports. 35 36

(2) Before implementation of the CCMS family and juvenile law module, each 37 local court must collect and submit to the AOC the subset of juvenile 38 dependency data described in (

b) and further delineated in the Implementation 39 Guide to Juvenile Dependency Court Performance Measures that it is 40 reasonably capable of collecting and submitting with its existing court case 41 management system and resources. 42 43

(3) On implementation of the CCMS family and juvenile law module in a local 1 court, and as the necessary data elements become electronically available, the 2 local court must collect and submit to the AOC the juvenile dependency data 3 described in (

b) and further delineated in the Implementation Guide to Juvenile 4 Dependency Court Performance Measures. For the purposes of this 5 subdivision, “implementation of the CCMS family and juvenile law module” 6 in a local court means that the CCMS family and juvenile law module has been 7 deployed in that court, is functioning, and has the ability to capture the 8 required data elements and that local court staff has been trained to use the 9 system. 10 11 (

d) Use of data and development of measures before CCMS implementation 12 13 Before CCMS implementation, the AOC must: 14 15

(1) Establish a program to assist the local courts in collecting, preparing, 16 analyzing, and reporting the data required by this rule; 17 18

(2) Establish a procedure to assist the local courts in submitting the required data 19 to the AOC; 20 21

(3) Use the data submitted under (c)(2) to test and refine the detailed

definitions 22 of the performance measures and descriptions of the methods for producing 23 the performance measures described in the Implementation Guide to Juvenile 24 Dependency Court Performance Measures; 25 26

(4) Consult with local courts about the accuracy of the data submitted under 27 (c)(2). After such consultation, use data to generate aggregate data reports on 28 performance measures, consistent with

section 16543, while not disclosing 29 identifying information about children, parents, judicial officers, and other 30 individuals in the dependency system; and 31 32

(5) Assist the courts in using the data to achieve improved outcomes for children 33 and families in the dependency system, make systemic improvements, and 34 improve resource allocation decisions. 35 36 (

e) Use of data after CCMS implementation 37 38 On implementation of CCMS, the AOC must: 39 40

(1) Use the data submitted under (c)(3) to conduct ongoing testing, refining, and 41 updating of the information in the Implementation Guide to Juvenile 42 Dependency Court Performance Measures; 43

24 1

(2) Use the data submitted under (c)(3) to generate aggregate data reports on 2 performance measures, consistent with

section 16543, while not disclosing 3 identifying information about children, parents, judicial officers, and other 4 individuals in the dependency system; 5 6

(3) Upon the request of any local court, extract data from the system and prepare 7 county-level reports to meet data reporting requirements; and 8 9

(4) Assist the courts in using the data to achieve improved outcomes for children 10 and families in the dependency system, make systemic improvements, and 11 improve resource allocation decisions. 12 13 Rule 5.505 adopted effective January 1, 2009. 14 15 Advisory Committee Comment 16 17 The juvenile dependency court performance measures and related procedures set forth in this rule fulfill 18 the requirements of the Child Welfare Leadership and Accountability Act of 2006 (Welf. & Inst. Code, §§ 19 16540–16545). 20 21 Consistent with

section 16545, the Child Welfare Council and the secretary of the California Health and 22 Human Services Agency were consulted in adopting these performance measures.

The appropriate court 23 technology groups have also been consulted. 24 25 The Implementation Guide to Juvenile Dependency Court Performance Measures is a companion 26 publication to this rule, approved by the Judicial Council. 27 28 It is anticipated that the Judicial Council will update the Implementation Guide to Juvenile Dependency 29 Court Performance Measures, as appropriate, to stay current with Court Case Management System 30 (CCMS) requirements, local court needs, and the most recent versions of the relevant state and federal 31 child welfare measures.

Proposed updates other than those that are purely technical will be circulated for 32 public comment prior to publication. 33 34 35

Chapter 6. Child and Spousal Support Certification of Statewide Uniform 36 Guideline Support Calculators 37 Title 5, Family and Juvenile rules—Division 1, Family Rules—Chapter 6, Certification of 38 Statewide Uniform Guideline Support Calculators amended effective January 1, 2009. 39 40 41 Rule 5.275. Standards for computer software to assist in determining support 42 43 (a)–(i) *** 44 45

25 (

j) Acceptability in the courts 1 2

(1) In all actions for child or family support brought by or otherwise involving the 3 local child support agency under title IV-D of the Social Security Act, the 4 Department of Child Support Services’ California Guideline Child Support 5 Calculator software program must be used by: 6 7 (

A) Parties and attorneys to present support calculations to the court; and 8 9 (

B) The court to prepare support calculations. 10 11

(2) In all non–title IV-D proceedings, the All courts may use and must permit 12 parties or attorneys to use any software certified by the Judicial Council under 13 this rule. 14 15 (Subd (

j) amended effective January 1, 2009; adopted as subd (

k) effective January 1, 2000; 16 previously relettered effective January 1, 2003.) 17 18 Rule 5.275 amended effective January 1, 2009; adopted as rule 1258 effective December 1, 1993; 19 previously amended effective January 1, 2000, and January 1, 2007; previously amended and 20 renumbered effective January 1, 2003. 21 22 Rule 5.552. Confidentiality of records (§§ 827, 828) 23 24 (a) *** 25 26 (

b) Inspection General provisions 27 28

(1) Only those persons specified in sections 827 and 828 may inspect, but may not 29 copy, juvenile court records without authorization from the court. The 30 following individuals and entities may inspect, receive, and copy the juvenile 31 case file without an order of the juvenile court: 32 33 (

A) Counsel who are entitled to inspect juvenile court records include any 34 trial court or appellate attorney representing a party in the juvenile court 35 proceeding. Court personnel; 36 37 (

B) The district attorney, a city attorney, or a city prosecutor authorized to 38 prosecute criminal or juvenile cases under the law; 39 40 (

C) The child who is the subject of the proceeding; 41 42 (

D) The child’s parents; 43 44

26 (

E) The child’s guardians; 1 2 (

F) The attorneys for the parties, including any trial court or appellate 3 attorney representing a party in the juvenile proceeding or related 4 appellate proceeding; 5 6 (

G) Judges, referees, other hearing officers, probation officers, and law 7 enforcement officers who are actively participating in criminal or 8 juvenile proceedings involving the child; 9 10 (

H) The county counsel, city attorney, or any other attorney representing the 11 petitioning agency in a dependency action; 12 13 (

I) Members of child protective agencies as defined in Penal Code

section 14 11165.9; and 15 16 (

J) The California Department of Social Services in order to carry out its 17 duty to oversee and monitor county child welfare agencies, children in 18 foster care or receiving foster-care assistance, and out - of-state 19 placements. 20 21

(2) The following individuals and entities may inspect the juvenile case file 22 without a court order and may receive a copy of the juvenile case file pursuant 23 to a court order: 24 25 (

A) All persons and entities listed in Welfare and Institutions Code sections 26 827 and 828 who are not listed in (b)(1) above; and 27 28 (

B) An Indian child’s tribal representative if the tribe has intervened in the 29 child’s case. 30 31 (B)

(3) Authorization for any other person or entity to inspect, obtain, or copy 32 juvenile court records case files may be ordered only by the juvenile court 33 presiding judge or a judicial officer of the juvenile court. 34 35 (

C) The child, the child’s attorney, the child’s parents and their attorneys, the 36 child’s social worker, the county counsel, and a child’s identified Indian 37 tribe, can obtain a copy of a juvenile case file document that was 38 previously disseminated during the proceedings, while the case is 39 pending. 40 41 (D)

(4) Juvenile court records case files may not be obtained or inspected by 42 civil or criminal subpoena. 43

27 1 (

E) In determining whether to authorize inspection or release of juvenile 2 court records, in whole or in part, the court must balance the interests of 3 the child and other parties to the juvenile court proceedings, the interests 4 of the petitioner, and the interests of the public. 5 6 (

F) The court may permit disclosure of, discovery of, or access to juvenile 7 court records or proceedings only insofar as is necessary, and only if 8 there is a reasonable likelihood that the records in question will disclose 9 information or evidence of substantial relevance to the pending 10 litigation, investigation, or prosecution. 11 12 (

G) The court may issue protective orders to accompany authorized 13 disclosure, discovery, or access. 14 15 (2)

(5) When a petition is sustained for any offense listed in

section 676, the 16 charging petition, the minutes of the proceeding, and the orders of 17 adjudication and disposition that are contained in the court juvenile case file 18 must be available for public inspection, unless the court has prohibited 19 disclosure of those records under that section. 20 21 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 2004, and 22 January 1, 2007.) 23 24 (c) *** 25 26 (

d) Notice of petition for disclosure 27 28

(1) At least five 10 days before the petition is submitted to the court, the petitioner 29 must personally or by first-class mail serve, or attempt to serve, a copy of the 30 petition Request for Disclosure of Juvenile Case File (form JV-570), Notice of 31 Request for Disclosure of Juvenile Case File (form JV-571), and a blank copy 32 of Objection to Release of Juvenile Case File (form JV-572) on the following: 33 34 (

A) The county counsel, city attorney, or any other attorney representing the 35 petitioning agency in a dependency action if the child’s petition was filed 36 under

section 300; 37 38 (

B) The district attorney if the child’s petition was filed under

section 601 or 39 602; 40 41 (

C) The child; 42 43

28 (

D) The attorney of record for the child who remains a ward or dependent of 1 the court; 2 3 (

E) The parents or guardian of the child if: 4 5 (

i) The child who is under 18 years of age or if a dependency petition (§ 6 300 et seq.) was filed regarding the child ; or 7 8 (ii) The child’s petition was filed under

section 300; 9 10 (

F) The guardians of the child if: 11 12 (

i) The child is under 18 years of age; or 13 14 (ii) The child’s petition was filed under

section 300; 15 16 (

G) The probation department or child welfare services program agency, or 17 both, if applicable.; 18 19 (

H) The Indian child’s tribe; and 20 21 (

I) The child’s CASA volunteer. 22 23

(2) The petitioner must complete Proof of Service—Request for Disclosure (form 24 JV-569) and file it with the court. 25 26

(3) If the petitioner does not know the identity or address of any of the parties in 27 (d)(1) above, the clerk must: 28 29 (

A) Serve personally or by first-class mail to the last known address a copy 30 of Request for Disclosure of Juvenile Case File (form JV-570), Notice of 31 Request for Disclosure of Juvenile Case File (form JV-571), and a blank 32 copy of Objection to Release of Juvenile Case File (form JV-572); and 33 34 (

B) Complete Proof of Service—Request for Disclosure (form JV-569) and 35 file it with the court. 36 37

(4) For good cause, the court may, on the motion of the person seeking the order 38 or on its own motion, shorten the time for service of the petition for 39 disclosure. 40 41 (Subd (

d) amended effective January 1, 2009; previously amended effective January 1, 2007.) 42 43

29 (

e) Procedure 1 2

(1) The court must review the petition and, grant or if petitioner does not show 3 good cause, deny it summarily,. 4 5 (2) or If petitioner shows good cause, the court may set a hearing. The clerk must 6 notice all parties of the hearing. to the persons and entities listed in (d)(1) 7 above.If at the hearing 8 9

(3) Whether or not the court holds a hearing, if the court determines that there 10 may be information or documents in the records sought to which the petitioner 11 may be entitled, review of records must be in camera and the juvenile court 12 judicial officer must conduct an in camera review of the juvenile case file and 13 any objections and assume that all legal claims of privilege are asserted. 14 15

(4) In determining whether to authorize inspection or release of juvenile case 16 files, in whole or in part, the court must balance the interests of the child and 17 other parties to the juvenile court proceedings, the interests of the petitioner, 18 and the interests of the public. 19 20

(5) If the court grants the petition, the court must find that the need for discovery 21 outweighs the policy considerations favoring confidentiality of juvenile case 22 files. The confidentiality of juvenile case files is intended to protect the 23 privacy rights of the child. 24 25

(6) The court may permit disclosure of juvenile case files only insofar as is 26 necessary, and only if petitioner shows by a preponderance of the evidence 27 that the records requested are necessary and have substantial relevance to the 28 legitimate need of the petitioner. 29 30

(7) If, after in-camera review and review of any objections, the court determines 31 that all or a portion of the records juvenile case file may be disclosed, the 32 court must make appropriate orders, specifying the information to be disclosed 33 and the procedure for providing access to it. 34 35

(8) The court may issue protective orders to accompany authorized disclosure, 36 discovery, or access. 37 38 (Subd (

e) amended effective January 1, 2009; previously amended effective January 1, 2007.) 39 40 (

f) Case files of deceased dependent child 41 42

30 Case files pertaining to a deceased child who was within the jurisdiction of the 1 juvenile court under

section 300 must be released to the public by order of the court 2 following procedures in (

b) and (

e) of this rule. If the court orders the release of 3 case files pertaining to a deceased child, any information regarding the child or that 4 could identify a child other than the deceased must be redacted from the case file 5 before its release, absent a specific order to the contrary. The presiding judge of the 6 juvenile court may prohibit or limit access to a juvenile court file of a deceased 7 child if such a release would be detrimental to the safety, protection, or physical or 8 mental well-being of another child who is directly or indirectly connected to the 9 deceased child’s case. 10 11 (g)–(f) *** 12 13 (Subd (

f) relettered effective January 1, 2009; adopted as subd (

f) effective January 1, 1994; 14 previously relettered as subd (

g) effective January 1, 2001; previously amended effective January 15 1, 2007.) 16 17 (h)–(g) *** 18 19 (Subd (

g) relettered effective January 1, 2009; adopted as subd (

g) effective July 1, 1995; 20 previously relettered effective as subd (

h) effective January 1, 2001; previously amended effective 21 January 1, 2007.) 22 23 (i)–(h) *** 24 25 (Subd (

h) relettered effective January 1, 2009; adopted as subd (

f) effective July 1, 1992; 26 previously relettered as subd (

g) effective January 1, 1994, and as subd (

i) effective January 1, 27 2001; previously amended and relettered as subd (

h) effective July 1, 1995; previously amended 28 effective January 1, 2007.) 29 30 Rule 5.552 amended effective January 1, 2009; adopted as rule 1423 effective July 1, 1992; previously 31 amended effective January 1, 1994, July 1, 1995, July 1, 1997, January 1, 2001, and January 1, 2004; 32 previously amended and renumbered effective January 1, 2007. 33 34 Advisory Committee Comment 35 36 In 1990, the Judicial Council Advisory Committee on Juvenile Court Law assumed the responsibility for 37 drafting a rule of court to address the issue of confidentiality of juvenile court records.

The committee 38 received requests from throughout the state for clarification of sections 827 and 828. County counsel, 39 district attorneys, and representatives of probation departments and child welfare services programs, as 40 well as judicial officers, expressed a need for guidance in this area. 41 42 Some counties have developed their own protocols for access to and release of records; others handle the 43 issue on a case-by-case basis with no clear guidelines regarding

definitions or procedures. The rules and 44 forms subcommittee undertook a thorough analysis of the relevant statutes and cases interpreting them. 45 As subcommittee members examined the procedures set up in different jurisdictions, and the complex 46 issues presented, they agreed that the rule needed to define “juvenile court records.” 47

31 1 Once the definition was established, the primary concern was recognition of both the purposes of 2 confidentiality protections and the legitimate interests that certain agencies and individuals may have in 3 seeking access to identified materials. Essential to the process were the notice requirements and the 4 procedure for the court to follow in assessing the merits of a request for disclosure or release.

In order to 5 make these considerations as clear and structured as possible, the subcommittee recommended that a 6 petition form also be prepared. 7 8 Proposed rule 5.552 and proposed Petition for Disclosure of Juvenile Court Records (form JV-570) were 9 drafted and circulated for comment. There were many responses, all of which were carefully considered 10 by the committee as a whole, and several suggestions and amendments were incorporated.

The comments 11 universally welcomed the addition of the rule and the formalization of a procedure through the use of the 12 form. 13 14 The rule does not attempt to set forth a procedure for access to records protected under other statutes or to 15 include documents or materials not specifically under the authority of the juvenile court. Thus, the files 16 maintained by probation departments and child welfare services programs may be the subject of a JV-570 17 petition to disclose only if a

section 300, 601, or 602 petition concerning the subject child has been filed 18 in juvenile court at some time (before, after, or concurrent with the acquisition of the materials in the 19 files). The protection of reports of suspected child abuse is recognized and specifically identified in (

f) of 20 the rule. (Reference to Pen. Code, § 11165 et seq.) 21 22 Notice to the subject child that his or her records are being sought is fundamental, as is notice to the 23 parents of a child who has not reached majority. Because dependency files contain many references to 24 and details of family issues, notice to parents of children on whom

section 300 petitions were filed is also 25 mandated. Because their records are most commonly the subjects of such requests, the probation 26 department and child welfare services program were added to the list of persons and agencies requiring 27 notice.

Although some commentators questioned the requirement of notice to both the county counsel and 28 the district attorney because there are frequent “cross-overs” of purposes of disclosure, it was felt that 29 notice to both offices would assure the court that all those interested in the records would have an 30 opportunity to respond to the petition. 31 32 Because these are confidential records and the protection of the interest of the child is paramount, specific 33 procedural safeguards are appropriate. 34 35 36 Rule 5.553.

Juvenile case file of a deceased child 37 38 When the juvenile case file of a deceased child is sought, the court must proceed as 39 follows: 40 41

(1) Under

section 827(a)(2) if the request is made by a member of the public; or 42 43

(2) Under

section 16502.5 if the request is made by a county board of supervisors. 44 45 Rule 5.553 adopted effective January 1, 2009. 46 47

32 1 Rule 5.570. Request to change court order 2 3 (

a) Contents of petition (§§ 388, 778) 4 5 A petition for modification must be liberally construed in favor of its sufficiency. 6 The petition must be verified and, to the extent known to the petitioner, must 7 contain the following: 8 9 (1)–(3) *** 10 11

(4) The address of the child, unless confidential under (b)(c); 12 13

(5) The name and residence address of the parent or guardian or an adult relative 14 of the child, if appropriate under circumstances described in rule 5.524 to 15 receive notice following the procedures found in Welfare and Institutions 16 Code sections 291 and 297(c); 17 18 (6)–(10) *** 19 20 (Subd (

a) amended effective January 1, 2009; previously amended effective July 1, 2002, and 21 January 1, 2007.) 22 23 (b)–(i) *** 24 25 Rule 5.570 amended effective January 1, 2009; adopted as rule 1432 effective January 1, 1991; 26 previously amended effective January 1, 1992, July 1, 1995, July 1, 2000, July 1, 2002, and January 1, 27 2003; previously amended and renumbered effective January 1, 2007. 28 29 30 Rule 5.600. Writ petition after orders setting hearing under

section 366.26; appeal 31 32 (a)–(e) *** 33 34 (

f) Record 35 36 Immediately on the filing of the notice of intent to file a writ petition and request for 37 record, the clerk of the juvenile court must assemble the record: 38 39 (1) *** 40 41

(2) Preparing the clerk’s transcript under rule 8.616(a) 8.450(g). 42 43 *** 44

33 1 (Subd (

f) amended effective January 1, 2009; adopted as subd (

f) effective January 1, 1995; 2 previously amended effective January 1, 1996; previously amended and relettered as subd (h) 3 effective January 1, 2006, and as subd (

f) effective January 1, 2007.) 4 5 (g)–(j) *** 6 7 Rule 5.600 amended effective January 1, 2009; adopted as rule 1436.5 effective January 1, 1995; 8 previously amended effective July 1, 1995, January 1, 1996, and July 1, 2006; previously amended and 9 renumbered effective January 1, 2007. 10 11 12 Rule 5.640. Psychotropic medications 13 14 (

a) Definition (§§ 369.5(b)(d), 739.5(d)) 15 16 *** 17 18 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2007.) 19 20 (

b) Authorization to administer (§§ 369.5, 739.5) 21 22

(1) Once a child is declared a dependent child of the court and is removed from 23 the custody of the parents or guardian, only a juvenile court judicial officer is 24 authorized to make orders regarding the administration of psychotropic 25 medication to the child. 26 27

(2) Once a child is declared a ward of the court, removed from the custody of the 28 parents or guardian, and placed into foster care, as defined in Welfare and 29 Institutions Code

section 727.4, only a juvenile court judicial officer is 30 authorized to make orders regarding the administration of psychotropic 31 medication to the child. 32 33 (Subd (

b) amended effective January 1, 2009.) 34 35 (

c) Procedure to obtain authorization 36 37

(1) Application Regarding Psychotropic Medication (form JV-220), Prescribing 38 Physician’s Statement—Attachment (form JV-220(A)), Proof of Notice: 39 Application Regarding Psychotropic Medication (form JV-221), Opposition to 40 Application Regarding Psychotropic Medication (form JV-222), and Order 41 Regarding Application for Psychotropic Medication (form JV-223) must be 42 used to obtain authorization to administer psychotropic medication to a 43 dependent child of the court who is removed from the custody of the parents 44

34 or guardian, or to a ward of the court who is removed from the custody of the 1 parents or guardian and placed into foster care. 2 3 (2)–(4) *** 4 5

(5) Application Regarding Psychotropic Medication (form JV-220) may be 6 completed by the prescribing physician, medical office staff, child welfare 7 services staff, probation officer, or the child’s caregiver. The physician 8 prescribing the administration of psychotropic medication for the dependent 9 child must complete and sign Prescribing Physician’s Statement—Attachment 10 (form JV-220(A)). 11 12 (6)–(8) *** 13 14

(9) The court may grant the application without a hearing or may set the matter 15 for hearing at the court’s discretion.

If the court sets the matter for a hearing, 16 the clerk of the court must provide notice of the date, time, and location of the 17 hearing to the parents or legal guardians, their attorneys of record, the 18 dependent child if 12 years of age or older, a ward of the juvenile court of any 19 age, the child’s attorney of record, the child’s current caregiver, the child’s 20 social worker, the social worker’s attorney of record, the child’s Child Abuse 21 Prevention and Treatment Act guardian ad litem, and the child’s Court 22 Appointed Special Advocate, if any, at least two court days before the hearing. 23 Notice must be provided to the child’s probation officer and the district 24 attorney, if the child is a delinquent child ward of the juvenile court. 25 26 (Subd (

c) amended effective January 1, 2009; previously amended effective January 1, 2007, and 27 January 1, 2008.) 28 29 (d)–(g) *** 30 31 (

h) Section 601–602 wardships; local rules 32 33 A local rule of court may be adopted providing that authorization for the 34 administration of such medication to a child declared a ward of the court under 35 sections 601 and 602 and removed from the custody of the parent or guardian for 36 placement in a facility that is not considered a foster-care placement may be 37 similarly restricted to the juvenile court. If the local court adopts such a local rule, 38 then the procedures under this rule apply; any reference to social worker also 39 applies to probation officer. 40 41 (Subd (

h) amended effective January 1, 2009; adopted as subd (

i) effective January 1, 2001; 42 previously amended effective January 1, 2007; previously relettered effective January 1, 2008.) 43

35 1 Rule 5.640 amended effective January 1, 2009; adopted as rule 1432.5 effective January 1, 2001; 2 previously amended effective January 1, 2003, and January 1, 2008; previously amended and 3 renumbered effective January 1, 2007. 4 5 6 Rule 5.645. Mental health or condition of child; court procedures 7 8 (a)–(b) *** 9 10 (

c) Findings regarding mental retardation (§ 6551) 11 12

Article I 1 of

chapter 2 of

part 1 of division 5 (commencing with

section 5150) 13 applies. 14 15 (1)–(3) *** 16 17 (Subd (

c) amended effective January 1, 2009; previously amended effective January 1, 2007.) 18 19 (d) *** 20 21 Rule 5.645 amended effective January 1, 2009; adopted as rule 1498 effective January 1, 1999; 22 previously amended and renumbered effective January 1, 2007. 23 24 25 Rule 5.690. General conduct of disposition hearing 26 27 (a)–(b) *** 28 29 (

c) Case plan (§ 16501.1) 30 31 Whenever child welfare services are provided, the social worker must prepare a 32 case plan. 33 34

(1) A written case plan much must be completed and filed with the court by the 35 date of disposition or within 60 calendar days of initial removal or of the in -36 person response required under

section 16501(

f) if the child has not been 37 removed from his or her home, whichever occurs first. 38 39 (2)–(3) *** 40 41 (Subd (

c) amended effective January 1, 2009; adopted effective January 1, 2007.) 42 43

36 Rule 5.690 amended effective January 1, 2009; adopted as rule 1455 effective January 1, 1991; 1 previously amended effective July 1, 1995, and January 1, 2000; previously amended and renumbered 2 effective January 1, 2007. 3 4 5 Rule 5.725. Selection of permanent plan (§§ 366.26, 727.31) 6 7 (

a) Application of rule 8 9 This rule applies to children who have been declared dependents or wards of the 10 juvenile court. 11 12

(1) For those dependents , Only

section 366.26 and division 12,

part 3,

chapter 5 13 (commencing with

section 7660) of the Family Code or Family Code sections 14 8604, 8605, 8606, and 8700 apply for the termination of parental rights.

Part 4 15 (commencing with

section 7800) of division 12 of the Family Code, or former 16 Civil Code

section 232, does not apply. 17 18

(2) The court may not terminate the rights of only one parent under

section 366.26 19 unless that parent is the only surviving parent; or unless the rights of the other 20 parent have been terminated under former Civil Code

section 224, 224m, 232, 21 or 7017, or division 12,

part 3,

chapter 5 (commencing with

section 7660), or 22 division 12,

part 4 (commencing with

section 7800) of division 12 of the 23 Family Code, or Family Code sections 8604, 8605, or 8606; or unless the 24 other parent has relinquished custody of the child to the welfare department. 25 26 (3) *** 27 28

(4) For termination of the parental rights of an Indian child, the procedures in this 29 rule and in rule 5.485 must be followed. 30 31 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 1994, July 32 1, 2002, and January 1, 2007. 33 34 (b)–(d) *** 35 36 (

e) Conduct of hearing 37 38 At the hearing, the court must state on the record that the court has read and 39 considered the report of petitioner, the report of any CASA volunteer, the case plan 40 submitted for this hearing, any report submitted by the child’s caregiver under 41

section 366.21(d), and any other evidence, and must proceed as follows: 42 43

(1) Order parental rights terminated and the child placed for adoption if the court 1 determines, by clear and convincing evidence, that it is likely the child will be 2 adopted, unless: 3 4 (A) *** 5 6 (

B) The child is living with a relative who is unable or unwilling to adopt the 7 child because of circumstances that do not include an unwillingness to 8 accept legal or financial responsibility for the child, but who is willing 9 and capable of providing the child with a stable and permanent 10 environment through legal guardianship, and removal from the home of 11 the relative would be detrimental to the emotional well-being of the 12 child. For an Indian child, “relative” includes an “extended family 13 member,” as defined in the federal Indian Child Welfare Act (25 U.S.C. 14 §1903(2)); or 15 16 (B) (

C) The court finds a compelling reason to determine that termination 17 would be detrimental to the child because of the existence of one of the 18 following circumstances: 19 20 (i)–(iii) *** 21 22 (iv) The child is living with a relative or foster parent or Indian 23 custodian who is unable or unwilling to adopt the child because of 24 exceptional circumstances, but who is willing and capable of 25 providing the child with a stable and permanent home, and removal 26 from the home of the relative or foster parent or Indian custodian 27 would be detrimental to the emotional well-being of the child.

This 28 exception does not apply to (1) a child under 6 or (2) a child who 29 has a sibling under 6 who is also a dependent and with whom the 30 child should be placed permanently; or 31 32 (v) *** 33 34 (2)–(9) *** 35 36 (Subd (

e) amended effective January 1, 2009; repealed and adopted as subd (

c) effective January 37 1, 1991; previously amended and relettered as subd (

d) effective January 1, 1992, and as subd (e) 38 effective January 1, 2005; previously amended effective July 1, 1994, January 1, 1999, July 1, 39 1999, July 1, 2002, January 1, 2006, and January 1, 2007.) 40 41 (f)–(i) *** 42 43

38 Rule 5.725 amended effective January 1, 2009; repealed and adopted as rule 1463 effective January 1, 1 1991; previously amended effective January 1, 1992, July 1, 1992, January 1, 1994, July 1, 1994, 2 January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, July 1, 2002, January 1, 2005, 3 and January 1, 2006; previously amended and renumbered effective January 1, 2007. 4 5 6 Rule 5.772. Conduct of fitness hearings under sections 707(a)(2) and 707(c) 7 8 (a)–(g) *** 9 10 (

h) Continuance to seek review 11 12 If the prosecuting attorney informs the court orally or in writing that a review of a 13 finding of fitness will be sought and requests a continuance of the jurisdiction 14 hearing, the court must grant a continuance for not less than 2 judicial days to allow 15 time within which to obtain a stay of further proceedings from the reviewing judge 16 or appellate court. 17 18 (Subd (

h) amended effective January 1, 2009; adopted as subd (

f) effective January 1, 1991; 19 previously relettered as subd (

g) effective January 1, 1996; previously amended and relettered 20 effective January 1, 2001; previously amended effective January 1, 2007.) 21 22 (i)–(j) *** 23 24 Rule 5.772 amended effective January 1, 2009; adopted as rule 1483 effective January 1, 1991; 25 previously amended effective January 1, 1996, and January 1, 2001; previously amended and 26 renumbered effective January 1, 2007. 27 28 29 Rule 7.1011. Taking possession of an asset of the ward at an institution or opening 30 or changing ownership of an account or safe-deposit box in a financial 31 institution 32 33 (

a) Definitions 34 35 As used in this rule, the following terms have the meanings stated below: 36 37

(1) An “institution” is an insurance company, insurance broker, insurance agent, 38 investment company, investment bank, securities broker-dealer, investment 39 advisor, financial planner, financial advisor, or any other person who takes, 40 holds, or controls an asset subject to a guardianship that is not a “financial 41 institution” within the meaning of this rule; 42 43

(2) A “financial institution” is a bank, trust (except as provided in (d)), savings 1 and loan association, savings bank, industrial bank, or credit union; and 2 3 (3) “Taking possession” or “taking control” of an asset held or controlled by an 4 institution includes changing title to the asset, withdrawing all or any portion 5 of the asset, or transferring all or any portion of the asset from the institution. 6 7 (

b) Responsibilities of the guardian when taking possession or control of an asset 8 of the ward at an institution 9 10 When taking possession or control of an asset held by an institution in the name of 11 the ward, the temporary or general guardian of the estate must provide the following 12 to the institution: 13 14

(1) A certified copy of the guardian’s Letters of Temporary Guardianship or 15 Conservatorship (form GC-150) or Letters of Guardianship (form GC-250) 16 containing the Notice to Institutions and Financial Institutions on the second 17 page; and 18 19

(2) A blank copy of a Notice of Taking Possession or Control of an Asset of 20 Minor or Conservatee (form GC-050). 21 22 (

c) Responsibilities of the guardian when opening or changing the name on an 23 account or a safe-deposit box in a financial institution 24 25 When opening or changing the name on an account or a safe-deposit box in a 26 financial institution, the temporary or general guardian of the estate must provide 27 the following to the financial institution: 28 29

(1) A certified copy of the guardian’s Letters of Temporary Guardianship or 30 Conservatorship (form GC-150) or Letters of Guardianship (form GC-250) 31 containing the Notice to Institutions and Financial Institutions on the second 32 page; and 33 34

(2) A blank copy of a Notice of Opening or Changing a Guardianship or 35 Conservatorship Account or Safe-Deposit Box (form GC-051). 36 37 (

d) Application of this rule to trust arrangements 38 39 This rule applies to Totten trust accounts but does not apply to any other trust 40 arrangement described in Probate Code

section 82(b). 41 42 Rule 7.1011 adopted effective January 1, 2009. 43

40 1 2 Rule 7.1012. The good cause exception to notice of the hearing on a petition for 3 appointment of a temporary guardian 4 5 (

a) Purpose 6 7 The purpose of this rule is to establish uniform standards for the good cause 8 exception to the notice of the hearing required on a petition for appointment of a 9 temporary guardian under Probate Code

section 2250(c)(e). 10 11 (Subd (

a) amended effective January 1, 2009.) 12 13 (

b) Good cause for exceptions to notice limited 14 15 Good cause for an exception to the notice required by

section 2250(c)(

e) must be 16 based on a showing that the exception is necessary to protect the proposed ward or 17 his or her estate from immediate and substantial harm. 18 19 (Subd (

b) amended effective January 1, 2009.) 20 21 (

c) Court may waive or change the time or manner of giving notice 22 23 An exception to the notice requirement of

section 2250(c)(

e) may include one or 24 any combination of the following: 25 26 (1)–(3) *** 27 28 (Subd (

c) amended effective January 1, 2009.) 29 30 (

d) Good cause exceptions to notice 31 32 Good cause for an exception to the notice requirement of

section 2250(c)(

e) may 33 include a showing of: 34 35 (1)–(5) *** 36 37 (Subd (

d) amended effective January 1, 2009.) 38 39 (

e) Contents of request for good cause exception to notice 40 41

(1) When the temporary guardianship petition is prepared on the Petition for 42 Appointment of Temporary Guardian (form GC-110), a request for a good 43

41 cause exception to the notice requirement of

section 2250(c)(

e) must be in 1 writing, separate from the petition for appointment of a temporary guardian, 2 and must include: 3 4 (1)(

A) An application containing the case caption and stating the relief 5 requested; 6 7 (2)(

B) An affirmative factual showing in support of the application in a 8 declaration under penalty of perjury containing competent testimony 9 based on personal knowledge; 10 11 (3)(

C) A declaration under penalty of perjury based on personal 12 knowledge containing the information required for an ex parte 13 application under rule 3.1204(b); and 14 15

(4) A memorandum; and 16 17 (5)(

D) A proposed order. 18 19

(2) When the temporary guardianship petition is prepared on the Petition for 20 Appointment of Temporary Guardian of the Person (form GC-110(P)), a 21 request for a good cause exception to the notice requirement of

section 22 2250(

e) may be included in the petition. 23 24 (Subd (

e) amended effective January 1, 2009.) 25 26 Rule 7.1012 amended effective January 1, 2009; adopted effective January 1, 2008. 27 28 29 Rule 7.1061. Taking possession of an asset of the conservatee at an institution or 30 opening or changing ownership of an account or safe-deposit box in a financial 31 institution 32 33 (

a) Definitions 34 35 As used in this rule, the following terms have the meanings stated below: 36 37

(1) An “institution” is an insurance company, insurance broker, insurance agent, 38 investment company, investment bank, securities broker-dealer, investment 39 advisor, financial planner, financial advisor, or any other person who takes, 40 holds, or controls an asset subject to a guardianship that is not a “financial 41 institution” within the meaning of this rule; 42 43

(2) A “financial institution” is a bank, trust (except as provided in (d)), savings 1 and loan association, savings bank, industrial bank, or credit union; and 2 3 (3) “Taking possession” or “taking control” of an asset held or controlled by an 4 institution includes changing title to the asset, withdrawing all or any portion 5 of the asset, or transferring all or any portion of the asset from the institution. 6 7 (

b) Responsibilities of the conservator when taking possession or control of an 8 asset of the conservatee at an institution 9 10 When taking possession or control of an asset held by an institution in the name of 11 the conservatee, the temporary, general, or limited conservator of the estate must 12 provide the following to the institution: 13 14

(1) A certified copy of the conservator’s Letters of Temporary Guardianship or 15 Conservatorship (form GC-150) or Letters of Conservatorship (form GC-350) 16 containing the Notice to Institutions and Financial Institutions on the second 17 page; and 18 19

(2) A blank copy of a Notice of Taking Possession or Control of an Asset of 20 Minor or Conservatee (form GC-050). 21 22 (

c) Responsibilities of the conservator when opening or changing the name on an 23 account or a safe-deposit box at a financial institution 24 25 When opening or changing the name on an account or a safe-deposit box in a 26 financial institution, the temporary, general, or limited conservator of the estate 27 must provide the following to the financial institution: 28 29

(1) A certified copy of the guardian’s Letters of Temporary Guardianship or 30 Conservatorship (form GC-150) or Letters of Conservatorship (form GC-350) 31 containing the Notice to Institutions and Financial Institutions on the second 32 page; and 33 34

(2) A blank copy of a Notice of Opening or Changing a Guardianship or 35 Conservatorship Account or Safe-Deposit Box (form GC-051). 36 37 (

d) Application of this rule to Totten trust accounts 38 39 This rule applies to Totten trust accounts but does not apply to any other trust 40 arrangement described in Probate Code

section 82(b). 41 42 Rule 7.1061 adopted effective January 1, 2009. 43

43 1 2 Rule 7.1062. The good cause exception to notice of the hearing on a petition for 3 appointment of a temporary conservator 4 5 (

a) Purpose 6 7 The purpose of this rule is to establish uniform standards for the good cause 8 exception to the notice of the hearing required on a petition for appointment of a 9 temporary conservator under Probate Code

section 2250(c)(e). 10 11 (Subd (

a) amended effective January 1, 2009.) 12 13 (

b) Good cause for exceptions to notice limited 14 15 Good cause for an exception to the notice required by

section 2250(c)(

e) must be 16 based on a showing that the exception is necessary to protect the proposed 17 conservatee or his or her estate from immediate and substantial harm. 18 19 (Subd (

b) amended effective January 1, 2009.) 20 21 (c) *** 22 23 (

d) Good cause exceptions to notice 24 25 Good cause for an exception to the notice requirement of

section 2250(c)(

e) may 26 include a showing of: 27 28 (1)–(4) *** 29 30 (Subd (

d) amended effective January 1, 2009.) 31 32 (

e) Contents of request for good cause exception to notice 33 34 A request for a good cause exception to the notice requirement of

section 2250(c)(e) 35 must be in writing, separate from the petition for appointment of a temporary 36 conservator, and must include: 37 38 (1)–(2) *** 39 40

(3) A declaration under penalty of perjury based on personal knowledge 41 containing the information required for an ex parte application under rule 42 3.1204(b); and 43

44 1

(4) A memorandum; and 2 3 (5)

(4) A proposed order. 4 5 (Subd (

e) amended effective January 1, 2009.) 6 7 Rule 7.1062 amended effective January 1, 2009; adopted effective January 1, 2008; previously amended 8 effective July 1, 2008. 9 10 11 Rule 7.1101. Qualifications and continuing education required of counsel appointed 12 by the court in guardianships and conservatorships 13 14 (

a) Definitions 15 16 As used in this rule, the following terms have the meanings stated below: 17 18 (1)–(6) *** 19 20 (7) “Counsel in private practice” includes attorneys employed by or performing 21 services under contracts with nonprofit organizations. 22 23 (Subd (

a) amended effective January 1, 2009.) 24 25 (

b) Qualifications of appointed counsel in private practice 26 27 Except as provided in this rule, each counsel in private practice appointed by the 28 court on or after January 1, 2008, must be an active member of the State Bar of 29 California for at least three years immediately before the date of appointment, with 30 no disciplinary proceedings pending and no discipline imposed within the 12 31 months immediately preceding the any date of first availability for appointment 32 after January 1, 2008; and 33 34 (1)–(2) *** 35 36

(3) Except as provided in (e)(2), private counsel qualified under (1) or (2) must 37 also be covered by professional liability insurance satisfactory to the court in 38 the amount of at least $100,000 per claim and $300,000 per year. 39 40 (Subd (

b) amended effective January 1, 2009.) 41 42 (c)–(d) *** 43 44

45 (

e) Exemption for small courts 1 2

(1) Except as provided in (2) and (3), the qualifications required under (

b) or (c) 3 may be waived by a court with four or fewer authorized judges if it cannot 4 find qualified counsel or for other grounds of hardship. 5 6

(2) A court described in (1) may, without a waiver, appoint counsel in private 7 practice who do not satisfy the insurance requirements of (b)(3) if counsel 8 demonstrate to the court that they are adequately self-insured. 9 10 (2)

(3) A court may not waive or disregard the insurance or self-insurance 11 requirements of (b)(3) or (c)(2) applicable to deputy public defenders. 12 13 (3)

(4) A court waiving the qualifications required under (

b) or (

c) must make 14 express written findings showing the circumstances supporting the waiver and 15 disclosing all alternatives considered, including appointment of qualified 16 counsel from adjacent counties and other alternatives not selected. 17 18 (Subd (

e) amended effective January 1, 2009.) 19 20 (

f) Continuing education of appointed counsel 21 22 Beginning on January 1, 2008, counsel appointed by the court must complete three 23 hours of education each calendar year that qualifies for mandatory Minimum 24 Continuing Legal Education credit for State Bar–certified specialists in estate 25 planning, trust, and probate law. 26 27 (Subd (

f) amended effective January 1, 2009.) 28 29 (g) *** 30 31 (

h) Initial certification of qualifications; and continuing education annual post -32 qualification reports and certifications 33 34 (1)–(2) *** 35 36

(3) Each counsel appointed or eligible for appointment by the court under this rule 37 must immediately advise the court of the imposition of any State Bar 38 discipline. 39 40 (3)

(4) Beginning in 2009, each appointed counsel must certify to the court 41 before the end of March of each year that: 42 43

46 (

A) His or her history of State Bar discipline and professional liability 1 insurance coverage or, if appointed by a court with four or fewer 2 authorized judges under (e)(2), the adequacy of his or her self-insurance, 3 either has or has not changed since the date of his or her qualification 4 certification or last annual certification; and 5 6 (

B) He or she has completed the continuing education required for the 7 preceding calendar year. 8 9

(5) Annual certifications required under this subdivision showing changes in State 10 Bar disciplinary history, professional liability insurance coverage, or adequacy 11 of self-insurance must include descriptions of the changes. 12 13 (4)

(6) Certifications required under this subdivision must be submitted to the 14 court but are not to be filed or lodged in a case file. 15 16 (Subd (

h) amended effective January 1, 2009.) 17 18 (i) *** 19 20 Rule 7.1101 amended effective January 1, 2009; adopted effective January 1, 2008. 21 22 23 Rule 8.18. Documents violating rules not to be filed 24 25 *** 26 27 Advisory Committee Comment 28 29 The exception in this rule acknowledges that there are different rules that apply to certain nonconforming 30 documents. For example, this rule does not apply to nonconforming or late briefs, which are addressed by 31 rules 8.204(

e) and 8.220(a), respectively, or to nonconforming supporting documents accompanying a 32 writ petition under rule 8.490

chapter 7, which are addressed by rule 8.490(d)(2) 8.486(c)(2). 33 34 35 Rule 8.25. Service and filing 36 37 (a) *** 38 39 (

b) Filing 40 41 (1) *** 42 43

(2) Except as provided in

(3) Unless otherwise provided by these rules or other 1 law, a filing is not timely unless the clerk receives the document before the 2 time to file it expires. 3 4 (3)–(4) *** 5 6 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 2007.) 7 8 Rule 8.25 amended effective January 1, 2009; adopted as rule 40.1 effective January 1, 2005; previously 9 amended and renumbered effective January 1, 2007. 10 11 Advisory Committee Comment 12 13 Subdivision (a). Subdivision (a)(1) requires service “by any method permitted by the Code of Civil 14 Procedure.” The reference is to the several permissible methods of service provided in Code of Civil 15 Procedure sections 1010–1020.

Information Sheet for Proof of Service (Court of Appeal) (form APP-009 -16 INFO) provides additional information about how to serve documents and how to provide proof of 17 service. 18 19 Subdivision (b)(2). In general, to be filed on time, a document must be received by the clerk before the 20 time for filing that document expires.

There are, however, some limited exceptions to this general rule. 21 For example, the rules currently provide that if the superior court clerk receives a notice of appeal in a 22 criminal, juvenile, or conservatorship case or notice of intent in a juvenile dependency case by mail from 23 a custodial institution after the deadline for filing the notice has expired but the envelope shows that the 24 notice was mailed or delivered to custodial officials for mailing before the deadline expired, the notice is 25 deemed timely (see rules 8.308(e), 8.400(f), 8.450(e)(5), 8.480(a)).

These provisions reflect the “prison -26 delivery” exception articulated by the California Supreme Court in In re Jordan (1992) 4 Cal.4th 116. 27 28 29 Rule 8.112. Petition for writ of supersedeas 30 31 (a)–(c) *** 32 33 (

d) Issuing the writ 34 35 (1)–(2) *** 36 37

(3) The court must notify the superior court, under rule 8.490(k) 8.489, of any 38 writ or temporary stay that it issues. 39 40 (Subd (

d) amended effective January 1, 2009; previously amended effective January 1, 2007, and 41 January 1, 2008.) 42 43 Rule 8.112 amended effective January 1, 2009; repealed and adopted as rule 49 effective January 1, 44 2005; previously amended and renumbered effective January 1, 2007; previously amended effective 45 January 1, 2008. 46

48 1 2 Rule 8.200. Briefs by parties and amici curiae 3 4 (a)–(b) *** 5 6 (

c) Amicus curiae briefs 7 8 (1)–(2) *** 9 10

(3) The application must also identify: 11 12 (

A) Any party or any counsel for a party in the pending appeal who: 13 14 (

i) Authored the proposed amicus brief in whole or in part; or 15 16 (ii) Made a monetary contribution intended to fund the preparation or 17 submission of the brief; and 18 19 (

B) Every person or entity who made a monetary contribution intended to 20 fund the preparation or submission of the brief, other than the amicus 21 curiae, its members, or its counsel in the pending appeal. 22 23 (3)(4) *** 24 25 (4)(5) *** 26 27 (5)(6) *** 28 29 (6)

(7) The Attorney General may file an amicus curiae brief without the presiding 30 justice’s permission, unless the brief is submitted on behalf of another state 31 officer or agency. The Attorney General must serve and file the brief within 32 14 days after the last appellant’s reply brief is filed or could have been filed 33 under rule 8.212, whichever is earlier, and must provide the information 34 required by (2) and comply with (4)(5). Any party may serve and file an 35 answer within 14 days after the brief is filed. 36 37 (Subd (

c) amended effective January 1, 2009; adopted as subd (

b) effective January 1, 2002; 38 previously relettered effective January 1, 2003; previously amended effective January 1, 2007, and 39 January 1, 2008.) 40 41 Rule 8.200 amended effective January 1, 2009; repealed and adopted as rule 13 effective January 1, 42 2002; previously amended and renumbered effective January 1, 2007; previously amended effective 43 January 1, 2003, and January 1, 2008. 44

49 1 Advisory Committee Comment 2 3 Subdivision (b). *** 4 5 Subdivision (c)(1). The time within which a reply brief “could have been filed under rule 8.212” includes 6 any authorized extension of the deadline specified in rule 8.212. 7 8 9 Rule 8.208. Certificate of Interested Entities or Persons 10 11 (a)–(c) *** 12 13 (

d) Serving and filing a certificate 14 15 (1) *** 16 17

(2) If the identity of any party or any entity or person subject to disclosure under 18 this rule has not been publicly disclosed in the proceedings and a party wants 19 to keep that identity confidential, the party may serve and file an application 20 for permission to file its certificate under seal separately from its principal 21 brief, motion, application, or opposition. If the application is granted, the party 22 must file the certificate under seal and without service within 10 days of the 23 court’s order granting the application. 24 25 (2)(3) *** 26 27 (3)(4) *** 28 29 (Subd (

d) amended effective January 1, 2009; adopted as subd (

c) effective July 1, 2006; previously 30 amended and relettered effective January 1, 2008.) 31 32 (

e) Contents of certificate 33 34 (1) *** 35 36

(2) If a party knows of any other person or entity, other than the parties 37 themselves, that has a financial or other interest in the outcome of the 38 proceeding that the party reasonably believes the justices should consider in 39 determining whether to disqualify themselves under canon 3E of the Code of 40 Judicial Ethics, the party’s certificate must list that entity or person and 41 identify the nature of the interest of the person or entity. For purposes of this 42 subdivision: 43 44

50 (A)–(B) *** 1 2 (

C) A party’s insurer does not have a financial interest in the outcome of the 3 proceeding solely on the basis of its status as insurer for that party. 4 5 (3) *** 6 7 (Subd (

e) amended effective January 1, 2009; adopted as subd (

d) effective July 1, 2006; previously 8 amended effective January 1, 2007; previously relettered effective January 1, 2008.) 9 10 (f) *** 11 12 Rule 8.208 amended effective January 1, 2009; adopted as rule 14.5 effective July 1, 2006; previously 13 amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008. 14 15 16 Rule 8.216. Appeals in which a party is both appellant and respondent 17 18 (a) *** 19 20 (

b) Contents of briefs 21 22 (1) *** 23 24

(2) A combined brief must address the points raised in each appeal separately but 25 may include a single

summary of the significant facts. 26 27 (3) *** 28 29 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 2007.) 30 31 Rule 8.216 amended effective January 1, 2009; repealed and adopted as rule 16 effective January 1, 32 2002; previously amended and renumbered effective January 1, 2007. 33 34 35 Rule 8.252. Judicial notice; findings and evidence on appeal 36 37 (

a) Judicial notice 38 39 (1) *** 40 41

(2) The motion must state: 42 43 (

A) Why the matter to be noticed is relevant to the appeal; 44

51 1 (

B) Whether the matter to be noticed was presented to the trial court and, if 2 so, whether judicial notice was taken by that court; and 3 4 (

C) Whether the matter to be noticed relates to proceedings occurring after 5 the order or judgment that is the subject of the appeal. 6 7 (2)(3) *** 8 9 (Subd (

a) amended effective January 1, 2009.) 10 11 (b)–(c) *** 12 13 Rule 8.252 amended effective January 1, 2009; repealed and adopted as rule 22 effective January 1, 14 2003; previously amended and renumbered effective January 1, 2007. 15 16 17 Rule 8.264. Filing, finality, and modification of decision 18 19 (a) *** 20 21 (

b) Finality of decision 22 23

(1) Except as otherwise provided in this rule, a Court of Appeal decision in a civil 24 appeal, including an order dismissing an appeal involuntarily, is final in that 25 court 30 days after filing. 26 27

(2) The following Court of Appeal decisions are final in that court on filing: 28 29 (

A) The denial of a petition for a writ within the court’s original jurisdiction 30 without issuance of an alternative writ or order to show cause; 31 32 (B)(

A) The denial of a petition for writ of supersedeas; and 33 34 (

C) The denial of an application for bail or to reduce bail pending appeal; 35 36 (

D) The denial of a transfer of a case within the appellate jurisdiction of the 37 superior court; and 38 39 (E)(

B) The dismissal of an appeal on request or stipulation. 40 41

(3) If necessary to prevent mootness or frustration of the relief granted or to 42 otherwise promote the interests of justice, a Court of Appeal may order early 43

52 finality in that court of a decision granting a petition for a writ within its 1 original jurisdiction or denying such a petition after issuing an alternative writ 2 or order to show cause. The decision may provide for finality in that court on 3 filing or within a stated period of less than 30 days. 4 5

(4) A Court of Appeal decision denying a petition for writ of habeas corpus 6 without issuing an order to show cause is final in that court on the same day 7 that its decision in a related appeal is final if the two decisions are filed on the 8 same day. If the Court of Appeal orders rehearing of the decision in the 9 appeal, its decision denying the petition for writ of habeas corpus is final when 10 its decision on rehearing is final. 11 12 (5)

(3) If a Court of Appeal certifies its opinion for publication or partial publication 13 after filing its decision and before its decision becomes final in that court, the 14 finality period runs from the filing date of the order for publication. 15 16 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 2007.) 17 18 (c)–(d) *** 19 20 Rule 8.264 amended effective January 1, 2009; repealed and adopted as rule 24 effective January 1, 21 2003; previously amended and renumbered effective January 1, 2007. 22 23 Advisory Committee Comment 24 25 Subdivision (b). As used in subdivision (b)(1), “decision” includes all interlocutory orders of the Court of 26 Appeal. (See Advisory Committee Comment to rule 8.500(

a) and (e).) This provision addresses the 27 finality of decisions in civil appeals and, through a cross-reference in rule 8.470, in juvenile appeals. See 28 rule 8.366 for provisions addressing the finality of decisions in proceedings under

chapter 3, relating to 29 criminal appeals; rule 8.387 for provisions addressing finality of decisions under

chapter 4, relating to 30 habeas corpus proceedings; and rule 8.490 for provisions addressing the finality of decisions in 31 proceedings under

chapter 7, relating to writs of mandate, certiorari, and prohibition. 32 33 Subdivision (b)(5)(3) provides that a postfiling decision of the Court of Appeal to publish its opinion in 34 whole under rule 8.1105(

c) or in part under rule 8.1100(

a) restarts the 30-day finality period. This 35 provision is based on rule 40-2 of the United States Circuit Rules (9th Cir.). It is intended to allow parties 36 sufficient time to petition the Court of Appeal for rehearing and/or the Supreme Court for review—and to 37 allow potential amici curiae sufficient time to express their views—when the Court of Appeal changes the 38 publication status of an opinion. The rule thus recognizes that the publication status of an opinion may 39 affect a party’s decision whether to file a petition for rehearing and/or a petition for review. 40 41 42 Rule 8.268. Rehearing 43 44 (a) *** 45 46

53 (

b) Petition and answer 1 2

(1) A party may serve and file a petition for rehearing within 15 days after: 3 4 (A) *** 5 6 (

B) A publication order restarting the finality period under rule 7 8.264(b)(5)(3), if the party has not already filed a petition for rehearing; 8 9 (C)–(D) *** 10 11 (2)–(4) *** 12 13 (Subd (

b) amended effective January 1, 2009; previously amended effective January 1, 2004, and 14 January 1, 2007.) 15 16 (c)–(d) *** 17 18 Rule 8.268 amended effective January 1, 2009; repealed and adopted as rule 25 effective January 1, 19 2003; previously amended effective January 1, 2004; previously amended and renumbered effective 20 January 1, 2007. 21 22 23 Rule 8.272. Remittitur 24 25 *** 26 Advisory Committee Comment 27 28 See rule 8.386 for provisions addressing remittitur in habeas corpus proceedings and rule 8.499 8.490 for 29 provisions addressing remittitur in other writ proceedings. 30 31 32 Rule 8.278.

Costs on appeal 33 34 *** 35 Advisory Committee Comment 36 37 This rule is not intended to expand the categories of appeals subject to the award of costs. See rule 38 8.490(m) 8.493 for provisions addressing costs in writ proceedings. 39 40 Subdivision (c). *** 41 42 Subdivision (d). *** 43 44 45

54 Rule 8.312. Stay of execution and release on appeal 1 2 (a)–(c) *** 3 4 (

d) Interim relief 5 6 Pending its ruling on the application, the reviewing court may grant the relief 7 requested. The reviewing court must notify the superior court under rule 8.490(k) 8 8.489 of any stay that it grants. 9 10 (Subd (

d) amended effective January 1, 2009; previously amended effective January 1, 2007.) 11 12 Rule 8.312 amended effective January 1, 2009; adopted as rule 30.2 effective January 1, 2004; previously 13 amended and renumbered effective January 1, 2007. 14 15 Advisory Committee Comment 16 17 Subdivision (a). *** 18 19 An order of the Court of Appeal denying bail or reduction of bail, or for release on other conditions, is 20 final on filing. (See rule 8.264(b)(2)(C) 8.366(b)(2)(A).) 21 22 Subdivision (d). The first sentence of (

d) recognizes the case law holding that a reviewing court may 23 grant bail or reduce bail, or release the defendant on other conditions, pending its ruling on an application 24 for that relief. (See, e.g., In re Fishman (1952) 109 Cal.App.2d 632, 633; In re Keddy (1951) 105 25 Cal.App.2d 215, 217.) The second sentence of the subdivision requires the reviewing court to notify the 26 superior court under rule 8.490(k) 8.489 when it grants either (i1) a stay to preserve the status quo 27 pending its ruling on a stay application or (ii2) the stay requested by that application. 28 29 30 Rule 8.361.

Certificate of interested entities or persons 31 32 In criminal cases in which an entity is a defendant, that defendant must comply with the 33 requirements of rule 8.208 concerning serving and filing a certificate of interested entities 34 or persons. 35 36 Rule 8.361 adopted effective January 1, 2009. 37 38 Advisory Committee Comment 39 40 Under rule 8.208(c), for purposes of certificates of interested entities or persons, an “entity” means a 41 corporation, a partnership, a firm, or any other association but does not include a governmental entity or 42 its agencies or a natural person. 43 44 45

55 Rule 8.366. Hearing and decision in the Court of Appeal 1 2 (

a) General application of rules 8.252–8.272 3 4 Except as provided in this rule, rules 8.252 through –8.272 govern the hearing and 5 decision in the Court of Appeal of an appeal in a criminal case. 6 7 (Subd (

a) amended and lettered effective January 1, 2009; adopted as unlettered subd effective 8 January 1, 2004.) 9 10 (

b) Finality 11 12

(1) Except as otherwise provided in this rule, a Court of Appeal decision in a 13 proceeding under this chapter, including an order dismissing an appeal 14 involuntarily, is final in that court 30 days after filing. 15 16

(2) The following Court of Appeal decisions are final in that court on filing: 17 18 (

A) The denial of an application for bail or to reduce bail pending appeal; 19 and 20 21 (

B) The dismissal of an appeal on request or stipulation. 22 23

(3) If a Court of Appeal certifies its opinion for publication or partial publication 24 after filing its decision and before its decision becomes final in that court, the 25 finality period runs from the filing date of the order for publication. 26 27

(4) If an order modifying an opinion changes the appellate judgment, the finality 28 period runs from the filing date of the modification order. 29 30 (Subd (

b) adopted effective January 1, 2009.) 31 32 (

c) Sanctions 33 34 Except for (a)(1), rule 8.276 also applies in criminal appeals. 35 36 (Subd (

c) amended and lettered effective January 1, 2009; adopted as unlettered subd effective 37 January 1, 2004.) 38 39 Rule 8.366 amended effective January 1, 2009; adopted as rule 33.1 effective January 1, 2004; previously 40 amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008. 41 42 Advisory Committee Comment 43 44

56 Subdivision (b). As used in subdivision (b)(1), “decision” includes all interlocutory orders of the Court of 1 Appeal. (See Advisory Committee Comment to rule 8.500(

a) and (e).) This provision addresses the 2 finality of decisions in criminal appeals. See rule 8.264(

b) for provisions addressing the finality of 3 decisions in proceedings under

chapter 2, relating to civil appeals, and rule 8.490 for provisions 4 addressing the finality of proceedings under

chapter 7, relating to writs of mandate, certiorari, and 5 prohibition. 6 7 8 Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by 9 an attorney 10 11 (

a) Required Judicial Council form 12 13

(1) A person who is not represented by an attorney and who petitions a reviewing 14 court for writ of habeas corpus seeking release from, or modification of the 15 conditions of, custody of a person confined in a state or local penal institution, 16 hospital, narcotics treatment facility, or other institution must file the petition on 17 Petition for Writ of Habeas Corpus (form MC-275). For good cause the court may 18 permit the filing of a petition that is not on that form. 19 20 (Subd (

a) amended effective January 1, 2009; previously amended effective January 1, 2006, and 21 January 1, 2007.) 22 23 (

b) Form and content 24 25

(2) A petition filed under (1)(

a) need not comply with the provisions of rules 8.40, 26 8.204, or 8.490 8.486 that prescribe the form and content of a petition and require 27 the petition to be accompanied by a memorandum. 28 29 (Subd (

b) amended and lettered effective January 1, 2009; adopted as part of subd (

a) effective 30 January 1, 2005.) 31 32 (

c) Number of copies 33 34

(3) In the Court of Appeal, the petitioner must file the original of the petition under 35 (1)(

a) and one set of any supporting documents. In the Supreme Court, the 36 petitioner must file an original and 10 copies of the petition and an original and 2 37 copies of any supporting document accompanying the petition unless the court 38 orders otherwise. 39 40 (Subd (

c) amended and lettered effective January 1, 2009; adopted as part of subd (

a) effective 41 January 1, 2005.) 42 43 (

b) Record 44 45

57 Before ruling on the petition, the court may order the custodian of any relevant 1 record to produce the record or a certified copy to be filed with the court. 2 3 (

c) Informal response 4 5

(1) The court may request an informal written response from the respondent, the 6 real party in interest, or an interested person. The court must send a copy of 7 any request to the petitioner. 8 9

(2) The response must be served and filed within 15 days or as the court specifies. 10 11

(3) If a response is filed, the court must notify the petitioner that a reply may be 12 served and filed within 15 days or as the court specifies. The court may not 13 deny the petition until that time has expired. 14 15 (

d) Petition filed in an inappropriate court 16 17

(1) A Court of Appeal may deny without prejudice a petition for writ of habeas 18 corpus that is based primarily on facts occurring outside the court’s appellate 19 district, including petitions that question: 20 21 (

A) The validity of judgments or orders of trial courts located outside the 22 district; or 23 24 (

B) The conditions of confinement or conduct of correctional officials 25 outside the district. 26 27

(2) A Court of Appeal must deny without prejudice a petition for writ of habeas 28 corpus that challenges the denial of parole or the petitioner’s suitability for 29 parole if the issue was not first adjudicated by the trial court that rendered the 30 underlying judgment. 31 32

(3) If the court denies a petition solely under (1), the order must state the basis of 33 the denial and must identify the appropriate court in which to file the petition. 34 35 Rule 8.380 amended effective January 1, 2009; repealed and adopted as rule 60 effective January 1, 36 2005; previously amended effective January 1, 2006; previously amended and renumbered effective 37 January 1, 2007. 38 39 Advisory Committee Comment 40 41 Subdivision (d). Except for subdivision (d)(2), revised rule 8.380(

d) restates former

section 6.5 of the 42 Standards of Judicial Administration. New subdivision (d)(2) is based on the California Supreme Court 43 decision in In re Roberts (2005) 36 Cal.4th 575, which provides that petitions for writ of habeas corpus 44

58 challenging denial or suitability for parole are first to be adjudicated in the trial court that rendered the 1 underlying judgment. 2 3 4 Rule 8.384. Petition for writ of ha