AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on October 27, 2015, effective on January 1, 2016, and July 1, 2016 1 Rule 2.3.

Definitions ................................................................................................ 10 Rule 2.10. Scope of rules [Reserved]....................................................................... 10 Rule 2.102. One-sided paper .................................................................................... 10 Rule 2.103. Size, quality, and color, and size of paper ............................................ 10 Rule 2.104. Printing; type font size ......................................................................... 10 Rule 2.105.

Type Font style ..................................................................................... 11 Rule 2.106. Font color of print................................................................................. 11 Rule 2.107. Margins ................................................................................................. 11 Rule 2.108. Spacing and numbering of lines ........................................................... 11 Rule 2.111. Format of first page .............................................................................. 11 Rule 2.113.

Binding ................................................................................................. 12 Rule 2.114. Exhibits ................................................................................................. 12 Rule 2.115. Hole punching ...................................................................................... 12 Rule 2.117. Conformed copies of papers ................................................................. 12 Rule 2.130. Application ........................................................................................... 13 Rule 2.133.

Hole punching ...................................................................................... 13 Rule 2.134. Forms longer than one page ................................................................. 13 Rule 2.150. Authorization for computer-generated or typewritten forms for proof of service of summons and complaint ........................................................................... 14 Rule 2.251. Electronic service ................................................................................. 14 Rule 2.503.

Public access......................................................................................... 15 Rule 2.550. Sealed records ....................................................................................... 16 Rule 2.551. Procedures for filing records under seal ................................................ 16 Rule 2.577. Procedures for filing confidential name change records under seal ..... 19 Rule 2.816. Stipulation to court-appointed temporary judge ................................... 21 Rule 2.831.

Temporary judge—stipulation, order, oath, assignment, disclosure, and disqualification .......................................................................................................... 21 Rule 2.892. Guidelines for approval of certification programs for interpreters for deaf and hard-of-hearing persons .............................................................................. 22 Rule 2.894. Reports on appointments of certified and registered interpreters and noncertified and nonregistered interpreters .............................................................. 22 Rule 2.952.

Electronic recording as official record of proceedings ........................ 23 Rule 2.954. Specifications for electronic recording equipment ............................... 23 Rule 2.1050. Judicial Council jury instructions ....................................................... 24 Rule 2.1055. Proposed jury instructions .................................................................. 25 Rule 2.1100. Notice when statute or regulation declared unconstitutional ............. 25 Rule 3.35. Definition of limited scope representation; application of rules ............ 25 Rule 3.221.

Information about alternative dispute resolution .................................. 26 Rule 3.254. List of parties ........................................................................................ 26 Rule 3.500. Transfer and consolidation of noncomplex common-issue actions filed in different courts ...................................................................................................... 27 Rule 3.501.

Definitions ............................................................................................ 28 Rule 3.524. Order assigning coordination motion judge ......................................... 28 Rule 3.544. Add-on cases ........................................................................................ 29

Rule 3.550. General administration by the Administrative Office of the CourtsJudicial Council staff ...................................................................................... 29 Rule 3.670. Telephone appearance .......................................................................... 29 Rule 3.720. Application ........................................................................................... 31 Rule 3.815. Selection of the arbitrator ..................................................................... 31 Rule 3.823.

Rules of evidence at arbitration hearing ............................................... 32 Rule 3.827. Entry of award as judgment.................................................................. 32 Rule 3.869. General requirements for complaint procedures and complaint proceedings ............................................................................................................... 33 Rule 3.931. Open proceedings, notice of proceedings, and order for hearing site .. 33 Rule 3.1010.

Oral depositions by telephone, videoconference, or other remote electronic means ........................................................................................................ 34 Rule 3.1109. Notice of determination of submitted matters .................................... 35 Rule 3.1110. General format .................................................................................... 35 Rule 3.1113. Memorandum ..................................................................................... 36 Rule 3.1202.

Contents of application ....................................................................... 37 Rule 3.1300. Time for filing and service of motion papers ..................................... 37 Rule 3.1302. Place and manner of filing .................................................................. 38 Rule 3.1304. Time of hearing .................................................................................. 38 Rule 3.1320. Demurrers ............................................................................................ 39 Rule 3.1326.

Motions for change of venue .............................................................. 39 Rule 3.1327. Motions to quash or to stay action in

summary proceeding involving possession of real property........................................................................................ 40 Rule 3.1330. Motion concerning arbitration ............................................................ 40 Rule 3.1340. Motion for discretionary dismissal after two years for delay in prosecution ................................................................................................................ 41 Rule 3.1346. Service of motion papers on nonparty deponent ................................ 41 Rule 3.1347. Discovery motions in

summary proceeding involving possession of real property .............................................................................................................. 41 Rule 3.1350. Motion for

summary judgment or

summary adjudication .................. 42 Rule 3.1351. Motions for

summary judgment in

summary proceeding involving possession of real property........................................................................................ 45 Rule 3.1354. Written objections to evidence ........................................................... 45 Rule 3.1590. Announcement of tentative decision, statement of decision, and judgment ................................................................................................................... 48 Rule 3.1700. Prejudgment costs............................................................................... 48 Rule 3.1900.

Notice of renewal of judgment ........................................................... 49 Rule 3.2107. Request for court order ....................................................................... 49 Rule 4.102. Uniform bail and penalty schedules—traffic, boating, fish and game, forestry, public utilities, parks and recreation, business licensing ............................ 50 Rule 4.152. Selection of court and trial judge ......................................................... 51 Rule 4.153. Order on change of venue .................................................................... 52 Rule 5.50.

Papers issued by the court ...................................................................... 52 Rule 5.83. Family centered case resolution ............................................................. 53 Rule 5.91. Individual restraining order .................................................................... 53 Rule 5.210. Court-connected child custody mediation ............................................ 54

Rule 5.215. Domestic violence protocol for Family Court Services ....................... 54 Rule 5.225. Appointment requirements for child custody evaluators ..................... 55 Rule 5.230. Domestic violence training standards for court-appointed child custody investigators and evaluators ...................................................................................... 56 Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings ............................................................. 57 Rule 5.275.

Standards for computer software to assist in determining support ...... 58 Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding .............................................. 58 Rule 5.483. Transfer of case .................................................................................... 60 Rule 5.502.

Definitions and use of terms ................................................................. 62 Rule 5.505. Juvenile dependency court performance measures .............................. 62 Rule 5.518. Court-connected child protection/dependency mediation .................... 64 Rule 5.534. General provisions—all proceedings ................................................... 64 Rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge .......................................................................................................................... 65 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a nonminor—dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 16501.1(f)(16)) 66 Rule 5.570. Request to change court order (petition for modification) ................... 67 Rule 5.590. Advisement of right to review in Welfare and Institutions Code

section 300, 601, or 602 cases ............................................................................................... 71 Rule 5.620. Orders after filing under

section 300 .................................................... 71 Rule 5.655. Program requirements for Court Appointed Special Advocate programs ................................................................................................................................... 72 Rule 5.674. Conduct of hearing; admission, no contest, submission ...................... 74 Rule 5.676. Requirements for detention .................................................................. 75 Rule 5.678.

Findings in support of detention; factors to consider; reasonable efforts; detention alternatives ................................................................................................ 76 Rule 5.700. Order determining custodyTermination of jurisdiction—custody and visitation orders (§§ 302, 304, 361.2, 362.4, 726.5) ................................................. 76 Rule 5.707. Review or dispositional hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3, 366.31, 16501.1(f)(16)) ............................ 79 Rule 5.708.

General review hearing requirements ................................................... 80 Rule 5.760. Detention hearing; report; grounds; determinations; findings; orders; factors to consider for detention; restraining orders ................................................. 83 Rule 5.790. Orders of the court ................................................................................ 85 Rule 5.810. Reviews, hearings, and permanency planning ..................................... 86 Rule 5.812.

Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review or dispositional hearing for child approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ............................................. 91 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1) .............................................................................. 91 Rule 7.802. Electronic filing and service in contested probate proceedings ........... 95 Rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings .. 95

Rule 7.1101. Qualifications and continuing education required of counsel appointed by the court in guardianships and conservatorships ................................................. 97 Rule 8.10.

Definitions and use of terms ................................................................... 98 Rule 8.11. Scope of rules ......................................................................................... 99 Rule 8.40. Form of filed documents ........................................................................ 99 Rule 8.42. Requirements for signatures of multiple parties on filed documents ... 100 Rule 8.44. Number of copies of filed documents .................................................. 100 Rule 8.45.

General provisions ................................................................................ 101 Rule 8.46. Sealed records....................................................................................... 102 Rule 8.47. Confidential records ............................................................................. 103 Rule 8.50. Applications.......................................................................................... 105 Rule 8.71. Electronic service ................................................................................. 105

Article 6. Public Access to Electronic Appellate Court Records ............................... 107 Rule 8.80. Statement of purpose ............................................................................ 107 Rule 8.81. Application and scope .......................................................................... 108 Rule 8.82.

Definitions ............................................................................................ 108 Rule 8.83. Public access......................................................................................... 109 Rule 8.84. Limitations and conditions ................................................................... 113 Rule 8.85. Fees for copies of electronic records .................................................... 114 Rule 8.100. Filing the appeal ................................................................................. 115 Rule 8.104.

Time to appeal .................................................................................... 117 Rule 8.108. Extending the time to appeal .............................................................. 118 Rule 8.112. Petition for writ of supersedeas .......................................................... 118 Rule 8.123. Record of administrative proceedings ................................................ 119 Rule 8.124. Appendixes ......................................................................................... 120 Rule 8.128.

Superior court file instead of clerk’s transcript .................................. 121 Rule 8.130. Reporter’s transcript ........................................................................... 121 Rule 8.137. Settled statement................................................................................. 124 Rule 8.140. Failure to procure the record .............................................................. 125 Rule 8.144. Form of the record .............................................................................. 125 Rule 8.147.

Record in multiple or later appeals in same case ............................... 127 Rule 8.150. Filing the record ................................................................................. 128 Rule 8.204. Contents and form of briefs ................................................................ 128 Rule 8.208. Certificate of Interested Entities or Persons ....................................... 130 Rule 8.212. Service and filing of briefs * * * ........................................................ 131 Rule 8.220.

Failure to file a brief ........................................................................... 131 Rule 8.224. Transmitting exhibits .......................................................................... 132 Rule 8.248. Prehearing conference ........................................................................ 133 Rule 8.252. Judicial notice; findings and evidence on appeal ............................... 134 Rule 8.264. Filing, finality, and modification of decision ..................................... 134 Rule 8.272.

Remittitur............................................................................................ 135 Rule 8.278. Costs on appeal ................................................................................... 135 Rule 8.300. Appointment of appellate counsel by the Court of Appeal ................ 136 Rule 8.304. Filing the appeal; certificate of probable cause .................................. 137 Rule 8.308. Time to appeal .................................................................................... 138 Rule 8.336.

Preparing, certifying, and sending the record ..................................... 138

Rule 8.344. Agreed statement ................................................................................ 139 Rule 8.346. Settled statement................................................................................. 139 Rule 8.360. Briefs by parties and amici curiae ...................................................... 139 Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney ............................................................................................................... 140 Rule 8.384.

Petition for writ of habeas corpus filed by an attorney for a party ..... 140 Rule 8.385. Proceedings after the petition is filed ................................................. 141 Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court ................................................................................................................................. 141 Rule 8.405. Filing the appeal ................................................................................. 142 Rule 8.406.

Time to appeal .................................................................................... 143 Rule 8.411. Abandoning the appeal ....................................................................... 144 Rule 8.412. Briefs by parties and amici curiae ...................................................... 144 Rule 8.474. Procedures and data ............................................................................ 145 Rule 8.482.

Appeal from judgment authorizing conservator to consent to sterilization of conservatee ..................................................................................... 145 Rule 8.486. Petitions .............................................................................................. 146 Rule 8.488. Certificate of Interested Entities or Persons ....................................... 147 Rule 8.495. Review of Workers’ Compensation Appeals Board cases ................. 147 Rule 8.496. Review of Public Utilities Commission cases .................................... 148 Rule 8.498.

Review of Agricultural Labor Relations Board and Public Employment Relations Board cases ............................................................................................. 149 Rule 8.504. Form and contents of petition, answer, and reply .............................. 149 Rule 8.512. Ordering review .................................................................................. 150 Rule 8.540. Remittitur............................................................................................ 150 Rule 8.548.

Decision on request of a court of another jurisdiction ....................... 151 Rule 8.610. Contents and form of the record ......................................................... 152 Rule 8.616. Preparing the trial record .................................................................... 152 Rule 8.630. Briefs by parties and amicus curiae ..................................................... 153 Rule 8.702. Appeals ............................................................................................... 153 Rule 8.703.

Writ proceedings ................................................................................ 154 Rule 8.800. Application of division and scope of rules ......................................... 155 Rule 8.804 8.803.

Definitions ................................................................................ 155 Rule 8.804. Requirements for signatures on documents........................................ 156 Rule 8.806. Applications........................................................................................ 156 Rule 8.814. Substituting parties; substituting or withdrawing attorneys ............... 156 Rule 8.821. Notice of appeal .................................................................................. 157 Rule 8.822.

Time to appeal .................................................................................... 157 Rule 8.823. Extending the time to appeal .............................................................. 158 Rule 8.824. Writ of supersedeas ............................................................................. 159 Rule 8.825. Abandonment, voluntary dismissal, and compromise........................ 159 Rule 8.831. Notice designating the record on appeal ............................................ 160 Rule 8.833.

Trial court file instead of clerk’s transcript ........................................ 160 Rule 8.834. Reporter’s transcript ........................................................................... 161 Rule 8.835. Record when trial proceedings were officially electronically recorded ................................................................................................................................. 162

Rule 8.838. Form of the record .............................................................................. 163 Rule 8.840. Completion and filing of the record ................................................... 164 Rule 8.842. Failure to procure the record .............................................................. 164 Rule 8.843. Transmitting exhibits .......................................................................... 165 Rule 8.851. Appointment of appellate counsel ...................................................... 166 Rule 8.852.

Notice of appeal .................................................................................. 166 Rule 8.853. Time to appeal .................................................................................... 167 Rule 8.862. Preparation of clerk’s transcript ......................................................... 167 Rule 8.864. Record of oral proceedings ................................................................. 168 Rule 8.866. Preparation of reporter’s transcript ..................................................... 168 Rule 8.868.

Record when trial proceedings were officially electronically recorded ................................................................................................................................. 170 Rule 8.870. Exhibits ............................................................................................... 171 Rule 8.872. Sending and filing the record in the appellate division ...................... 172 Rule 8.874. Failure to procure the record .............................................................. 172 Rule 8.881. Notice of briefing

schedule ................................................................ 173 Rule 8.882. Briefs by parties and amici curiae ...................................................... 173 Rule 8.883. Contents and form of briefs ................................................................ 174 Rule 8.888. Finality and modification of decision ................................................. 175 Rule 8.890. Remittitur............................................................................................ 175 Rule 8.891.

Costs and sanctions in civil appeals ................................................... 176 Rule 8.901. Notice of appeal .................................................................................. 176 Rule 8.902. Time to appeal .................................................................................... 177 Rule 8.904. Abandoning the appeal ....................................................................... 178 Rule 8.911. Prosecuting attorney’s notice regarding the record ............................ 178 Rule 8.915.

Record of oral proceedings ................................................................. 178 Rule 8.917. Record when trial proceedings were officially electronically recorded ................................................................................................................................. 179 Rule 8.919. Preparation of reporter’s transcript ..................................................... 180 Rule 8.921. Exhibits ............................................................................................... 181 Rule 8.922.

Sending and filing the record in the appellate division ...................... 182 Rule 8.924. Failure to procure the record .............................................................. 182 Rule 8.926. Notice of briefing

schedule ................................................................ 183 Rule 8.927. Briefs .................................................................................................. 183 Rule 8.928. Contents and form of briefs ................................................................ 184 Rule 8.930. Application ......................................................................................... 185 Rule 8.931. Petitions filed by persons not represented by an attorney .................. 186 Division 3.

Trial of Small Claims Cases on Appeal Rules Relating to Appeals and Writs in Small Claims Cases....................................................................................... 186

Chapter 1. Trial of Small Claims Cases on Appeal .................................................... 187 Rule 8.950. Application ......................................................................................... 187 Rule 8.952–8.966 * * * .......................................................................................... 187

Chapter 2. Writ Petitions............................................................................................. 187 Rule 8.970. Application ......................................................................................... 187 Rule 8.971.

Definitions .......................................................................................... 188 Rule 8.972. Petitions filed by persons not represented by an attorney .................. 188

Rule 8.973. Petitions filed by an attorney for a party ............................................ 190 Rule 8.974. Opposition .......................................................................................... 191 Rule 8. 975. Notice to small claims court .............................................................. 192 Rule 8.976. Filing, finality, and modification of decisions; remittitur .................. 193 Rule 8.977. Costs ................................................................................................... 194 Rule 8.1018.

Finality and remittitur ....................................................................... 194 Rule 10.2. Judicial Council membership and terms .............................................. 195 Rule 10.5. Notice and agenda of council meetings ................................................ 196 Rule 10.6. Judicial Council meetings .................................................................... 198 Rule 10.10. Judicial Council internal committees ................................................. 199 Rule 10.11.

Executive and Planning Committee ................................................... 199 Rule 10.12. Policy Coordination and Liaison Committee ..................................... 200 Rule 10.13. Rules and Projects Committee ........................................................... 201 Rule 10.14. Litigation Management Committee..................................................... 201 Rule 10.16. Technology Committee ...................................................................... 202 Rule 10.20.

Proposals for new or amended rules, standards, or forms; rule-making process in general .................................................................................................... 202 Rule 10.21. Proposals from members of the public for changes to rules, standards, or forms ................................................................................................................... 203 Rule 10.22. Rule-making procedures ..................................................................... 204 Rule 10.30.

Judicial Council advisory bodies ......................................................... 205 Rule 10.34. Duties and responsibilities of advisory committees ............................ 205 Rule 10.46. Trial Court Presiding Judges Advisory Committee ............................ 207 Rule 10.48. Court Executives Advisory Committee .............................................. 208 Rule 10.50. Governing Committee of the Center for Judicial Education and Research .................................................................................................................. 208 Rule 10.51.

Court Interpreters Advisory Panel ...................................................... 209 Rule 10.52. Administrative Presiding Justices Advisory Committee .................... 209 Rule 10.56. Collaborative Justice Courts Advisory Committee ............................ 210 Rule 10.102. Acceptance of gifts ........................................................................... 211 Rule 10.103. Limitation on intrabranch contracting .............................................. 212 Rule 10.104. Limitation on contracting with former employees ........................... 212 Rule 10.105.

Allocation of new fee, fine, and forfeiture revenue ......................... 214 Rule 10.106. Judicial branch travel expense reimbursement policy ...................... 214 Rule 10.172. Court security plans .......................................................................... 215 Rule 10.180. Court facilities standards .................................................................. 216 Rule 10.181. Court facilities policies, procedures, and standards ......................... 217 Rule 10.182. Operation and maintenance of court facilities .................................. 217 Rule 10.183.

Decision making on transfer of responsibility for trial court facilities ................................................................................................................................. 219 Rule 10.184. Acquisition, space programming, construction, and design of court facilities ................................................................................................................... 220 Rule 10.201. Claim and litigation procedure ......................................................... 222 Rule 10.202.

Claims and litigation management ................................................... 223 Rule 10.203. Contractual indemnification ............................................................. 225 Rule 10.350. Workers’ compensation program ..................................................... 225

Rule 10.452. Minimum education requirements, expectations, and recommendations .................................................................................................... 227 Rule 10.455. Ethics orientation for Judicial Council members and for judicial branch employees required to file a statement of economic interests .................... 230 Rule 10.461. Minimum education requirements for Supreme Court and Court of Appeal justices ........................................................................................................ 231 Rule 10.462.

Minimum education requirements and expectations for trial court judges and subordinate judicial officers ................................................................. 232 Rule 10.468. Content-based and hours-based education for superior court judges and subordinate judicial officers regularly assigned to hear probate proceedings . 233 Rule 10.469. Judicial education recommendations for justices, judges, and subordinate judicial officers .................................................................................... 234 Rule 10.478.

Content-based and hours-based education for court investigators, probate attorneys, and probate examiners ............................................................... 235 Rule 10.481. Approved providers; approved course criteria ................................. 237 Rule 10.491. Minimum education requirements for Administrative Office of the Courts Judicial Council executives, managers, supervisors, and other employees 238 Rule 10.500. Public access to judicial administrative records ............................... 240 Rule 10.501.

Maintenance of budget and management information ..................... 242 Rule 10.502. Judicial sabbatical pilot program ...................................................... 243 Rule 10.601. Superior court management.............................................................. 244 Rule 10.620. Public access to administrative decisions of trial courts .................. 245 Rule 10.660. Enforcement of agreements—petitions (Gov. Code, §§ 71639.5, 71825.2) .................................................................................................................. 247 Rule 10.670.

Trial court personnel plans ............................................................... 247 Rule 10.742. Use of attorneys as court-appointed temporary judges .................... 248 Rule 10.761. Regional Court Interpreter Employment Relations Committees ..... 248 Rule 10.762. Cross-assignments for court interpreter employees ......................... 249 Rule 10.776.

Definitions ........................................................................................ 250 Rule 10.777. Qualifications of court investigators, probate attorneys, and probate examiners ................................................................................................................ 250 Rule 10.781. Court-related ADR neutrals .............................................................. 250 Rule 10.782. ADR program information ............................................................... 251 Rule 10.800.

Superior court budgeting .................................................................. 251 Rule 10.801. Superior court budget procedures ..................................................... 252 Rule 10.805. Notice of change in court-county relationship ................................. 252 Rule 10.811. Reimbursement of costs associated with homicide trials ................. 253 Rule 10.815. Fees to be set by the court ................................................................ 253 Rule 10.820. Acceptance of credit cards by the superior courts ............................ 254 Rule 10.830.

Disposal of surplus court personal property ..................................... 255 Rule 10.854. Standards and guidelines for trial court records ............................... 255 Rule 10.870. Trial court automation standards ...................................................... 256 Rule 10.960. Court self-help centers...................................................................... 256 Standards of Judicial Administration .............................................................................. 258 Standard 5.40.

Juvenile court matters .................................................................... 258 Standard 5.45. Resource guidelines for child abuse and neglect cases ................. 259

Standard 10.16. Model code of ethics for court employees ................................... 260 Standard 10.80. Court records management standards .......................................... 260 Appendix F Guidelines for the Juvenile Dependency Counsel Collections Program ....... 7 REVISIONS EFFECTIVE JULY 1, 2016: Rule 5.12. Discovery motions Request for order regarding discovery .................... 10 Rule 5.62. Appearance by respondent or defendant ................................................ 10 Rule 5.63. Motion Request for order to quash proceeding or responsive relief ...... 11 Rule 5.92.

Request for court order; response responsive declaration ...................... 12 Rule 5.151. Request for temporary emergency (ex parte) orders; application; required documents ................................................................................................... 20

Rule 2.3.

Definitions 1 2 As used in the Trial Court Rules, unless the context or subject matter otherwise requires: 3 4 (1) “Court” means the superior court;. 5 6 (2) “Papers” includes all documents, except exhibits and copies of exhibits, that are 7 offered for filing in any case, but does not include Judicial Council and local court 8 forms, records on appeal in limited civil cases, or briefs filed in appellate divisions. 9 ; and Unless the context clearly provides otherwise, “papers” need not be in a 10 tangible or physical form but may be in an electronic form. 11 12 (3) “Written,” “writing,” “typewritten,” and “typewriting” include other methods of 13 printing letters and words equivalent in legibility to typewriting or printing from a 14 word processor. 15 16 Rule 2.3 amended effective January 1, 2016; adopted effective January 1, 2007. 17 18 Rule 2.10.

Scope of rules [Reserved] 19 20 These rules apply to documents filed and served electronically as well as in paper form, 21 unless otherwise provided. 22 23 Rule 2.10 amended effective January 1, 2016; adopted effective January 1, 2007. 24 25 Rule 2.102. One-sided paper 26 27 On papers,When papers are not filed electronically, only one side of each page may be 28 used. 29 30 Rule 2.102 amended effective January 1, 2016; adopted effective January 1, 2007. 31 32 Rule 2.103. Size, quality, and color, and size of paper 33 34 All papers filed must be 8½ by 11 inches.

All papers not filed electronically must be on 35 opaque, unglazed paper, white or unbleached, of standard quality not less than 20-pound 36 weight,8½ by 11 inches. 37 38 Rule 2.103 amended effective January 1, 2016; adopted effective January 1, 2007. 39 40 Rule 2.104. Printing; type font size 41 42

All papers not filed electronically must be printed or typewritten or be prepared by a 1 photocopying or other duplication process that will produce clear and permanent copies 2 equally as legible as printing in type a font not smaller than 12 points. 3 4 Rule 2.104 amended effective January 1, 2016; adopted effective January 1, 2007. 5 6 Rule 2.105. Type Font style 7 8 The typeface font must be essentially equivalent to Courier, Times New Roman, or Arial. 9 10 Rule 2.105 amended effective January 1, 2016; adopted effective January 1, 2007. 11 12 Rule 2.106.

Font color of print 13 14 The font color of print must be black or blue-black. 15 16 Rule 2.106 amended effective January 1, 2016; adopted effective January 1, 2007. 17 18 Rule 2.107. Margins 19 20 The left margin of each page must be at least one inch from the left edge of the paper and 21 the right margin at least 1/2 inch from the right edge of the paper. 22 23 Rule 2.107 amended effective January 1, 2016; adopted effective January 1, 2007. 24 25 Rule 2.108. Spacing and numbering of lines 26 27 The spacing and numbering of lines on a page must be as follows: 28 29 (1)–(3) * * * 30 31

(4) Line numbers must be placed at the left margin and separated from the text of the 32 paper by a vertical column of space at least 1/5 inch wide or a single or double 33 vertical line. Each line number must be aligned with a line of type, or the line 34 numbers must be evenly spaced vertically on the page. Line numbers must be 35 consecutively numbered, beginning with the number 1 on each page. There must be 36 at least three line numbers for every vertical inch on the page. 37 38 Rule 2.108 amended effective January 1, 2016; adopted effective January 1, 2007. 39 40 Rule 2.111. Format of first page 41 42 The first page of each paper must be in the following form: 43

1 (1)–(2) * * * 2 3

(3) On line 8, at or below 3 1/3 inches from the top of the paper page, the title of the 4 court. 5 6 (4)–(11) * * * 7 8 Rule 2.111 amended effective January 1, 2016; adopted effective January 1, 2007; previously 9 amended effective January 1, 2008. 10 11 Rule 2.113. Binding 12 13 Each paper not filed electronically must consist entirely of original pages without riders 14 and must be firmly bound together at the top. 15 16 Rule 2.113 amended effective January 1, 2016; adopted effective January 1, 2007. 17 18 Rule 2.114.

Exhibits 19 20 Exhibits submitted with papers not filed electronically may be fastened to pages of the 21 specified size and, when prepared by a machine copying process, must be equal to 22 typewritten computer-processed materials in legibility and permanency of image. 23 24 Rule 2.114 amended effective January 1, 2016; adopted effective January 1, 2007. 25 26 Rule 2.115.

Hole punching 27 28 When papers are not filed electronically, each paper presented for filing must contain two 29 prepunched normal-sized holes, centered 2½ inches apart and 5/8 inch from the top of the 30 paper. 31 32 Rule 2.115 amended effective January 1, 2016; adopted effective January 1, 2007. 33 34 Rule 2.117.

Conformed copies of papers 35 36 All copies of papers served must conform to the original papers filed, including the 37 numbering of lines, pagination, additions, deletions, and interlineations except that, with 38 the agreement of the other party, a party serving papers by nonelectronic means may 39 serve that other party with papers printed on both sides of the page. 40 41 Rule 2.117 amended effective January 1, 2016; adopted effective January 1, 2007; previously 42 amended effective July 1, 2012. 43

1 Rule 2.130. Application 2 3 The rules in this

chapter apply to Judicial Council forms, local court forms, and all other 4 official forms to be filed in the trial courts. The rules apply to forms filed both in paper 5 form and electronically, unless otherwise specified. 6 7 Rule 2.130 amended effective January 1, 2016; adopted effective January 1, 2007. 8 9 Rule 2.133. Hole punching 10 11 All forms not filed electronically must contain two prepunched normal-sized holes, 12 centered 2½ inches apart and ⅝ inch from the top of the form. 13 14 Rule 2.133 amended effective January 1, 2016; adopted effective January 1, 2007. 15 16 Rule 2.134. Forms longer than one page 17 18 (

a) Single side may be used 19 20 If a form not filed electronically is longer than one page, the form may be printed 21 on sheets printed only on one side even if the original has two sides to a sheet. 22 23 (Subd (

a) amended effective January 1, 2016.) 24 25 (

b) Two-sided forms must be tumbled 26 27 If a form not filed electronically is filed on a sheet printed on two sides, the reverse 28 side must be rotated 180 degrees (printed head to foot). 29 30 (Subd (

b) amended effective January 1, 2016.) 31 32 (

c) Multiple-page forms must be bound 33 34 If a form not filed electronically is longer than one page, it must be firmly bound at 35 the top. 36 37 (Subd (

c) amended effective January 1, 2016.) 38 39 Rule 2.134 amended effective January 1, 2016; adopted effective January 1, 2007. 40 41

Rule 2.150. Authorization for computer-generated or typewritten forms for proof 1 of service of summons and complaint 2 3 (

a) Computer-generated or typewritten forms; conditions 4 5 Notwithstanding the adoption of mandatory form Proof of Service of Summons 6 (form POS-010), a form for proof of service of a summons and complaint prepared 7 entirely by word processor, typewriter, or similar process may be used for proof of 8 service in any applicable action or proceeding if the following conditions are met: 9 10 (1)–(4) * * * 11 12

(5) The text of form POS-010 must be copied in the same order as it appears on 13 the printed form POS-010 using the same item numbers. A declaration of 14 diligence may be attached to the proof of service or inserted as item 5b(5). 15 16

(6) Areas marked “For Court Use” must be copied in the same general locations 17 and occupy approximately the same amount of space as on the printed form 18 POS-010. 19 20 (7)–(8) * * * 21 22

(9) Material that would have been typed entered onto the printed form POS-010 23 must be typed entered with each line indented 3 inches from the left margin. 24 25 (Subd (

a) amended effective January 1, 2016; previously amended effective July 1, 1985, 26 January 1, 1986, January 1, 1987, July 1, 1999, January 1, 2004, July 1, 2004, and 27 January 1, 2007.) 28 29 (b) * * * 30 31 Rule 2.150 amended effective January 1, 2016; adopted as rule 982.9; previously amended 32 effective January 1, 1989, July 1, 1999, January 1, 2004, and July 1, 2004; previously amended 33 and renumbered as rule 2.150 effective January 1, 2007. 34 35 Rule 2.251. Electronic service 36 37 (a)–(i) * * * 38 39 (

j) Electronic service by or on court 40 41

(1) The court may electronically serve any notice, order, judgment, or other 1 document issued by the court in the same manner that parties may serve 2 documents by electronic service. 3 4

(2) A document may be electronically served on a court if the court consents to 5 electronic service or electronic service is otherwise provided for by law or 6 court order. A court indicates that it agrees to accept electronic service by: 7 8 (

A) Serving a notice on all parties that the court accepts electronic service. 9 The notice must include the electronic service address at which the 10 court agrees to accept service; or 11 12 (

B) Adopting a local rule stating that the court accepts electronic service. 13 The rule must indicate where to obtain the electronic service address at 14 which the court agrees to accept service. 15 16 (Subd (

j) amended effective January 1, 2016; adopted as subd (e); previously amended 17 effective January 1, 2007; previously relettered as subd (

g) effective January 1, 2008, as 18 subd (

h) effective January 1, 2011, and as subd (

j) effective July 1, 2013.) 19 20 Rule 2.251 amended effective January 1, 2016; adopted as rule 2060 effective January 1, 2003; 21 previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251 22 effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1, 23 2009, January 1, 2010, and July 1, 2013. 24 25 Rule 2.503.

Public access 26 27 (a)–(i) * * * 28 Advisory Committee Comment 29 30 The rule allows a level of access by the public to all electronic records that is at least equivalent 31 to the access that is available for paper records and, for some types of records, is much greater. At 32 the same time, it seeks to protect legitimate privacy concerns. 33 34 Subdivision (c). *** 35 36 Subdivisions (

f) and (g). These subdivisions limit electronic access to records (other than the 37 register, calendars, or indexes) to a case-by-case basis and prohibit bulk distribution of those 38 records. These limitations are based on the qualitative difference between obtaining information 39 from a specific case file and obtaining bulk information that may be manipulated to compile 40 personal information culled from any document, paper, or exhibit filed in a lawsuit. This type of 41 aggregate information may be exploited for commercial or other purposes unrelated to the 42 operations of the courts, at the expense of privacy rights of individuals. 43

1 Courts must send a copy of the order permitting remote electronic access in extraordinary 2 criminal cases to: Secretariat, Executive Office Programs Division, Administrative Office of the 3 CourtsCriminal Justice Services, Judicial Council of California, 455 Golden Gate Avenue, San 4 Francisco, CA 94102-3688 or secretariat@jud.ca.gov. 5 6 Rule 2.550. Sealed records 7 8 (a) * * * 9 10 (

b) Definitions 11 12 As used in this chapter: 13 14 (1) “Record.” Unless the context indicates otherwise, “record” means all or a 15 portion of any document, paper, exhibit, transcript, or other thing filed or 16 lodged with the court, by electronic means or otherwise. 17 18 (2)–(3) * * * 19 20 (Subd (

b) amended effective January 1, 2016; previously amended effective January 1, 21 2007.) 22 23 (c)–(e) * * * 24 25 Rule 2.550 amended effective January 1, 2016; adopted as rule 243.1 effective January 1, 2001; 26 previously amended effective January 1, 2004; previously amended and renumbered as rule 27 2.550 effective January 1, 2007. 28 29 Rule 2.551. Procedures for filing records under seal 30 31 (a) * * * 32 33 (

b) Motion or application to seal a record 34 35 (1) * * * 36 37

(2) Service of motion or application 38 39 A copy of the motion or application must be served on all parties that have 40 appeared in the case. Unless the court orders otherwise, any party that already 41 possesses copies of has access to the records to be placed under seal must be 42 served with a complete, unredacted version of all papers as well as a redacted 43

version. Other parties must be served with only the public redacted version. If 1 a party’s attorney but not the party has access to the record, only the party’s 2 attorney may be served with the complete, unredacted version. 3 4

(3) Procedure for party not intending to file motion or application 5 6 (A) * * * 7 8 (

B) If the party that produced the documents and was served with the notice 9 under (A)(iii) fails to file a motion or an application to seal the records 10 within 10 days or to obtain a court order extending the time to file such 11 a motion or an application, the clerk must promptly remove all the 12 documents in (A)(

i) from the envelope, or container, or secure 13 electronic file where they are located and place them in the public file. 14 If the party files a motion or an application to seal within 10 days or 15 such later time as the court has ordered, these documents are to remain 16 conditionally under seal until the court rules on the motion or 17 application and thereafter are to be filed as ordered by the court. 18 19 (4) * * * 20 21

(5) Redacted and unredacted versions 22 23 If necessary to prevent disclosure, any motion or application, any opposition, 24 and any supporting documents must be filed in a public redacted version and 25 lodged in a complete, unredacted version conditionally under seal. The cover 26 of the redacted version must identify it as “Public—Redacts materials from 27 conditionally sealed record.” The cover of the unredacted version must 28 identify it as “May Not Be Examined Without Court Order—Contains 29 material from conditionally sealed record.” 30 31

(6) Return of lodged record 32 33 If the court denies the motion or application to seal, the clerk must return the 34 lodged record to the submitting party and must not place it in the case file 35 unless that party notifies the clerk in writing within 10 days after the order 36 denying the motion or application that the record is to be filed. Unless 37 otherwise ordered by the court, the submitting party must notify the clerk 38 within 10 days after the order denying the motion or application. 39 40 (Subd (

b) amended effective January 1, 2016; previously amended effective January 1, 41 2004, and January 1, 2007.) 42 43

(c) * * * 1 2 (

d) Procedure for lodging of records 3 4

(1) A record that may be filed under seal must be transmitted to the court in a 5 secure manner that preserves the confidentiality of the records to be lodged. 6 If the record is transmitted in paper form, it must be put in an envelope or 7 other appropriate container, sealed in the envelope or container, and lodged 8 with the court. 9 10

(2) The materials to be lodged under seal must be clearly identified as 11 “CONDITIONALLY UNDER SEAL.” If the materials are transmitted in 12 paper form, the envelope or container lodged with the court must be labeled 13 “CONDITIONALLY UNDER SEAL.” 14 15

(3) The party submitting the lodged record must affix to the electronic 16 transmission, the envelope, or the container a cover sheet that: 17 18 (A)–(B) * * * 19 20 (4) * * * 21 22 (Subd (

d) amended effective January 1, 2016; previously amended effective January 1, 23 2004, and January 1, 2007.) 24 25 (

e) Order 26 27

(1) If the court grants an order sealing a record and if the sealed record is in 28 paper format, the clerk must substitute on the envelope or container for the 29 label required by (d)(2) a label prominently stating “SEALED BY ORDER 30 OF THE COURT ON (DATE),” and must replace the cover sheet required by 31 (d)(3) with a filed-endorsed copy of the court’s order. If the sealed record is 32 in an electronic format, the clerk must file the court’s order, store the record 33 ordered sealed in a secure manner, and clearly identify the record as sealed 34 by court order on a specified date. 35 36

(2) The order must state whether—in addition to the sealed records in the 37 envelope or container—the order itself, the register of actions, any other court 38 records, or any other records relating to the case are to be sealed. 39 40 (3) * * * 41 42

(4) Unless the sealing order provides otherwise, it prohibits the parties from 1 disclosing the contents of any materials that have been sealed in anything that 2 is subsequently publicly filed records or papers. 3 4 (Subd (

e) amended effective January 1, 2016; previously amended effective January 1, 5 2004, and January 1, 2007.) 6 7 (f)–(g) * * * 8 9 (

h) Motion, application, or petition to unseal records 10 11 (1)–(2) * * * 12 13

(3) If the court proposes to order a record unsealed on its own motion, the court 14 must mail give notice to the parties stating the reason therefor for unsealing 15 the record. Unless otherwise ordered by the court, any party may serve and 16 file an opposition within 10 days after the notice is mailed or within such 17 time as the court specifies. provided and any other party may file a response 18 within 5 days after the filing of an opposition. 19 20 (4) * * * 21 22

(5) The order unsealing a record must state whether the record is unsealed 23 entirely or in part. If the court’s order unseals only part of the record or 24 unseals the record only as to certain persons, the order must specify the 25 particular records that are unsealed, the particular persons who may have 26 access to the record, or both. If, in addition to the records in the envelope, or 27 container, or secure electronic file, the court has previously ordered the 28 sealing order, the register of actions, or any other court records relating to the 29 case to be sealed, the unsealing order must state whether these additional 30 records are unsealed. 31 32 (Subd (

h) amended effective January 1, 2016; previously amended effective January 1, 33 2004, and January 1, 2007.) 34 35 Rule 2.551 amended effective January 1, 2016; adopted as rule 243.2 effective January 1, 2001; 36 previously amended effective January 1, 2004; previously amended and renumbered as rule 37 2.551 effective January 1, 2007. 38 39 Rule 2.577. Procedures for filing confidential name change records under seal 40 41 (a)–(c) * * * 42 43

(

d) Procedure for lodging of petition for name change 1 2

(1) The records that may be filed under seal must be lodged with the court. If 3 they are transmitted on paper, they must be placed in a sealed envelope. If 4 they are transmitted electronically, they must be transmitted to the court in a 5 secure manner that preserves the confidentiality of the documents to be 6 lodged. 7 8

(2) If the petitioner is transmitting the petition on paper, the petitioner must 9 complete and affix to the envelope a completed Confidential Cover Sheet—10 Name Change Proceeding Under Address Confidentiality Program (Safe at 11 Home) (form NC-400) and in the space under the title and case number mark 12 it “CONDITIONALLY UNDER SEAL.” If the petitioner is transmitting the 13 petition electronically, the first page of the electronic transmission must be a 14 completed Confidential Cover Sheet—Nam e Change Proceeding Under 15 Address Confidentiality Program (Safe at Home) (form NC-400) with the 16 space under the title and case number marked “CONDITIONALLY UNDER 17 SEAL.” 18 19

(3) On receipt of a petition lodged under this rule, the clerk must endorse the 20 affixed cover sheet with the date of its receipt and must retain but not file the 21 record unless the court orders it filed. 22 23 (4) * * * 24 25 (Subd (

d) amended effective January 1, 2016.) 26 27 (e) * * * 28 29 (

f) Order 30 31 (1)–(2) * * * 32 33

(3) For petitions transmitted in paper form, if the court grants an order sealing a 34 record, the clerk must strike out the notation required by (d)(2) on the 35 Confidential Cover Sheet that the matter is filed “CONDITIONALLY 36 UNDER SEAL,” and add a notation to that sheet prominently stating 37 “SEALED BY ORDER OF THE COURT ON (DATE),.” and file the 38 documents under seal. For petitions transmitted electronically, the clerk must 39 file the court’s order, store the record ordered sealed in a secure manner, and 40 clearly identify the record as sealed by court order on a specified date. 41 42 (4)–(5) * * * 43

1 (Subd (

f) amended effective January 1, 2016.) 2 3 (g)–(h) * * * 4 5 Rule 2.577 amended effective January 1, 2016; adopted effective January 1, 2010. 6 7 Rule 2.816. Stipulation to court-appointed temporary judge 8 9 (a)–(d) * * * 10 11 (

e) Application or motion to withdraw stipulation 12 13 An application or motion to withdraw a stipulation for the appointment of a 14 temporary judge must be supported by a declaration of facts establishing good 15 cause for permitting the party to withdraw the stipulation. In addition: 16 17 (1)–(2) * * * 18 19

(3) The application or motion must be served and filed, and the moving party 20 must mail or deliver provide a copy to the presiding judge. 21 22 (4) * * * 23 24 (Subd (

e) amended effective January 1, 2016; adopted effective July 1, 2006; previously 25 amended effective January 1, 2007.) 26 27 Rule 2.816 amended effective January 1, 2016; adopted as rule 1727 effective January 1, 2001; 28 previously amended and renumbered as rule 243.18 effective July 1, 2006; previously amended 29 and renumbered as rule 2.816 effective January 1, 2007. 30 31 Rule 2.831. Temporary judge—stipulation, order, oath, assignment, disclosure, and 32 disqualification 33 34 (a)–(e) * * * 35 36 (

f) Motion to withdraw stipulation 37 38 A motion to withdraw a stipulation for the appointment of a temporary judge must 39 be supported by a declaration of facts establishing good cause for permitting the 40 party to withdraw the stipulation, and must be heard by the presiding judge or a 41 judge designated by the presiding judge. A declaration that a ruling is based on 42 error of fact or law does not establish good cause for withdrawing a stipulation. 43

Notice of the motion must be served and filed, and the moving party must mail or 1 deliver provide a copy to the temporary judge. If the motion to withdraw the 2 stipulation is based on grounds for the disqualification of the temporary judge first 3 learned or arising after the temporary judge has made one or more rulings, but 4 before the temporary judge has completed judicial action in the proceeding, the 5 provisions of rule 2.816(e)(4) apply. If a motion to withdraw a stipulation is 6 granted, the presiding judge must assign the case for hearing or trial as promptly as 7 possible. 8 9 (Subd (

f) amended effective January 1, 2016; adopted as subd (

f) effective July 1, 1993; 10 previously amended and relettered as subd (

g) effective July 1, 2001, and as subd (f) 11 effective July 1, 2006; previously amended effective January 1, 2007.) 12 13 Rule 2.831 amended effective January 1, 2016; adopted as rule 244 effective January 1, 1999; 14 previously amended effective April 1, 1962, July 1, 1981, July 1, 1987, July 1, 1993, July 1, 1995, 15 January 1, 2001, and July 1, 2001; previously amended and renumbered as rule 243.31 effective 16 July 1, 2006 and as rule 2.831 effective January 1, 2007. 17 18 Rule 2.892.

Guidelines for approval of certification programs for interpreters for 19 deaf and hard-of-hearing persons 20 21 Each organization, agency, or educational institution that administers tests for 22 certification of court interpreters for deaf and hard-of-hearing persons under Evidence 23 Code

section 754 must comply with the guidelines adopted by the Judicial Council 24 effective February 21, 1992, and any subsequent revisions, and must hold a valid, current 25 approval by the Judicial Council to administer the tests as a certifying organization.

The 26 guidelines are stated in the Judicial Council Guidelines for Approval of Certification 27 Programs for Interpreters for Deaf and Hard-of-Hearing Persons, published by the 28 Administrative Office of the CourtsJudicial Council. 29 30 Rule 2.892 amended effective January 1, 2016; adopted as rule 984.1 effective January 1, 1994; 31 previously amended and renumbered as rule 2.892 effective January 1, 2007. 32 33 Rule 2.894. Reports on appointments of certified and registered interpreters and 34 noncertified and nonregistered interpreters 35 36 Each superior court must report to the Judicial Council on: 37 38

(1) The appointment of certified and registered interpreters under Government Code 39

section 71802, as required by the Administrative Office of the Courts Judicial 40 Council; and 41 42 (2) * * * 43

1 Rule 2.894 amended effective January 1, 2016; adopted as rule 984.3 effective January 1, 1996; 2 previously amended effective March 1, 2003; previously amended and renumbered as rule 2.894 3 effective January 1, 2007. 4 5 Rule 2.952. Electronic recording as official record of proceedings 6 7 (a)–(i) * * * 8 9 (

j) Record on appeal 10 11 (1)–(2) * * * 12 13

(3) Preparation of transcript 14 15 On receiving directions to have a transcript prepared, the clerk may have the 16 material transcribed by a court employee, but should ordinarily send the reels 17 in question to a professional recording service that has been certified by the 18 federal court system or the Administrative Office of the Courts Judicial 19 Council or verified by the clerk to be skilled in producing transcripts. 20 21 (Subd (

j) amended effective January 1, 2016; adopted as subd (

i) effective January 1, 22 1990; previously amended effective January 1, 1993; previously amended and relettered as 23 subd (

j) effective January 1, 2007.) 24 25 Rule 2.952 amended effective January 1, 2016; adopted as rule 980.5 effective January 1, 1976; 26 previously amended effective January 1, 1990, and January 1, 1993; previously amended and 27 renumbered as rule 2.952 effective January 1, 2007. 28 29 Rule 2.954. Specifications for electronic recording equipment 30 31 (a)–(d) * * * 32 33 (

e) Previous equipment 34 35 The Administrative Director of the Courts is authorized to approve any electronic 36 recording devices and equipment acquired before the adoption or amendment of 37 this rule that has been found by the court to produce satisfactory recordings of 38 proceedings. 39 40 (Subd (

e) amended effective January 1, 2016. previously amended effective January 1, 41 2007.) 42 43

Rule 2.954 amended effective January 1, 2016; adopted as rule 980.6 effective January 1, 1990; 1 previously amended and renumbered as rule 2.954 effective January 1, 2007. 2 3 Rule 2.1050. Judicial Council jury instructions 4 5 (a)–(b) * * * 6 7 (

c) Public access 8 9 The Administrative Office of the Courts Judicial Council must provide copies and 10 updates of the approved jury instructions to the public on the California Courts 11 website. The Administrative Office of the Courts Judicial Council may contract 12 with an official publisher to publish the instructions in both paper and electronic 13 formats. The Judicial Council intends that the instructions be freely available for 14 use and reproduction by parties, attorneys, and the public, except as limited by this 15 subdivision.

The Administrative Office of the Courts Judicial Council may take 16 steps necessary to ensure that publication of the instructions by commercial 17 publishers does not occur without its permission, including, without limitation, 18 ensuring that commercial publishers accurately publish the Judicial Council’s 19 instructions, accurately credit the Judicial Council as the source of the instructions, 20 and do not claim copyright of the instructions.

The Administrative Office of the 21 Courts Judicial Council may require commercial publishers to pay fees or royalties 22 in exchange for permission to publish the instructions. As used in this rule, 23 “commercial publishers” means entities that publish works for sale, whether for 24 profit or otherwise. 25 26 (Subd (

c) amended effective January 1, 2016; previously amended effective August 26, 27 2005, and January 1, 2007.) 28 29 (

d) Updating and amendments 30 31 The Judicial Council instructions will be regularly updated and maintained through 32 its advisory committees on jury instructions. Amendments to these instructions will 33 be circulated for public comment before publication. Trial judges and attorneys 34 may submit for the advisory committees’ consideration suggestions for improving 35 or modifying these instructions or creating new instructions, with an explanation of 36 why the change is proposed. Suggestions should be sent to the Administrative 37 Office of the Courts, Office of the General Counsel Judicial Council of California, 38 Legal Services. 39 40 (Subd (

d) amended effective January 1, 2016.) 41 42

(e) * * * 1 2 Rule 2.1050 amended effective January 1, 2016; adopted as rule 855 effective September 1, 2003; 3 previously amended effective August 26, 2005; previously amended and renumbered as rule 4 2.1050 effective January 1, 2007. 5 6 Rule 2.1055. Proposed jury instructions 7 8 (a) * * * 9 10 (

b) Form and format of proposed instructions 11 12 (1)–(3) * * * 13 14

(4) Each set of proposed jury instructions filed on paper must be bound loosely. 15 16 (Subd (

b) amended effective January 1, 2016; previously amended effective July 1, 1988, 17 January 1, 2003, January 1, 2004, and January 1, 2007.) 18 19 (c)–(e) * * * 20 21 Rule 2.1055 amended effective January 1, 2016; adopted as rule 229 effective January 1, 1949; 22 previously amended effective April 1, 1962, July 1, 1988, January 1, 2003, January 1, 2004, and 23 August 26, 2005; previously amended and renumbered as rule 2.1055 effective January 1, 2007. 24 25 Rule 2.1100.

Notice when statute or regulation declared unconstitutional 26 27 Within 10 days after a court has entered judgment in a contested action or special 28 proceeding in which the court has declared unconstitutional a state statute or regulation, 29 the prevailing party, or as otherwise ordered by the court, must mail serve a copy of the 30 judgment and a notice of entry of judgment to on the Attorney General and file a proof of 31 service with the court. 32 33 Rule 2.1100 amended effective January 1, 2016; adopted as rule 826 effective January 1, 1999; 34 previously amended and renumbered as rule 2.1100 effective January 1, 2007. 35 36 Rule 3.35.

Definition of limited scope representation; application of rules 37 38 (a) * * * 39 40 (

b) Application 41 42

Rules 3.35 through 3.37 apply to limited scope representation in civil cases, except 1 in family law cases. Rules 5.70 and 5.71 5.425 apply applies to limited scope 2 representation in family law cases. 3 4 (Subd (

b) amended effective January 1, 2016.) 5 6 (c) * * * 7 8 Rule 3.35 amended effective January 1, 2016; adopted effective January 1, 2007. 9 10 Rule 3.221. Information about alternative dispute resolution 11 12 (

a) Court to provide information package 13 14 Each court must make available to the plaintiff, at the time the complaint is filed in 15 all general civil cases, an alternative dispute resolution (ADR) information package 16 that includes, at a minimum, all of the following: 17 18

(1) General information about the potential advantages and disadvantages of 19 ADR and descriptions of the principal ADR processes. The Administrative 20 Office of the Courts has Judicial Council staff have prepared model language 21 that the courts may use to provide this information. 22 23 (2)–(4) * * * 24 25 (Subd (

a) amended effective January 1, 2016; previously amended effective July 1, 2002, 26 and January 1, 2007.) 27 28 (b)–(c) * * * 29 30 Rule 3.221 amended effective January 1, 2016; adopted as rule 1590.1 effective January 1, 2001; 31 previously amended and renumbered as rule 201.9 effective July 1, 2002, and as rule 3.221 32 effective January 1, 2007. 33 34 Rule 3.254. List of parties 35 36 (

a) Duties of first-named plaintiff or petitioner 37 38 Except as provided under rule 2.251 for electronic service, if more than two parties 39 have appeared in a case and are represented by different counsel, the plaintiff or 40 petitioner named first in the complaint or petition must: 41 42 (1)–(2) * * * 43

1 (Subd (

a) amended effective January 1, 2016; adopted as part of unlettered subd effective 2 July 1, 1984; previously amended and lettered as subd (

a) effective January 1, 2007.) 3 4 (

b) Duties of each party 5 6 Except as provided under rule 2.251 for electronic service, each party must: 7 8 (1)–(3) * * * 9 10 (Subd (

b) amended effective January 1, 2016; adopted as part of unlettered subd effective 11 July 1, 1984; previously amended and lettered effective January 1, 2007.) 12 13 Rule 3.254 amended effective January 1, 2016; adopted as rule 387 effective July 1, 1984; 14 previously amended and renumbered as rule 202.7 effective January 1, 2003, and as rule 3.254 15 effective January 1, 2007. 16 17 Rule 3.500. Transfer and consolidation of noncomplex common-issue actions filed 18 in different courts 19 20 (a)–(f) * * * 21 22 (

g) Conflicting orders 23 24 The Judicial Council’s coordination staff in the Administrative Office of the Courts 25 must review all transfer orders submitted under (

e) and must promptly confer with 26 the presiding judges of any courts that have issued conflicting orders under Code of 27 Civil Procedure

section 403. The presiding judges of those courts must confer with 28 each other and with the judges who have issued the orders to the extent necessary 29 to resolve the conflict. If it is determined that any party to a case has failed to 30 disclose information concerning pending motions, the court may, after a duly 31 noticed hearing, find that the party’s failure to disclose is an unlawful interference 32 with the processes of the court. 33 34 (Subd (

g) amended effective January 1, 2016; adopted as subd (f); previously amended and 35 relettered as subd (

g) effective January 1, 2007.) 36 37 (h) * * * 38 39 Rule 3.500 amended effective January 1, 2016; adopted as rule 1500 effective September 21, 40 1996; previously amended and renumbered as rule 3.500 effective January 1, 2007. 41 42

Rule 3.501.

Definitions 1 2 As used in this chapter, unless the context or subject matter otherwise requires: 3 4 (1)–(5) * * * 5 6 (6) “Coordination attorney” means an attorney in the Administrative Office of the 7 Courts with the Judicial Council staff appointed by the Chair of the Judicial 8 Council to perform such administrative functions as may be appropriate under the 9 rules in this chapter, including but not limited to the functions described in rules 10 3.524 and 3.550. 11 12 (7)–(19) * * * 13 14 Rule 3.501 amended effective January 1, 2016; adopted as rule 1501 effective January 1, 1974; 15 previously amended effective July 1, 1974, and January 1, 2005; previously amended and 16 renumbered as rule 3.501 effective January 1, 2007. 17 18 Rule 3.524.

Order assigning coordination motion judge 19 20 (

a) Contents of order 21 22 An order by the Chair of the Judicial Council assigning a coordination motion 23 judge to determine whether coordination is appropriate, or authorizing the presiding 24 judge of a court to assign the matter to judicial officers of the court to make the 25 determination in the same manner as assignments are made in other civil cases, 26 must include the following: 27 28 (1) * * * 29 30

(2) The court’s address or electronic service address for submitting all 31 subsequent documents to be considered by the coordination motion judge. 32 33 (Subd (

a) amended effective January 1, 2016; adopted as part of unlettered subd effective 34 January 1, 1974; previously amended and lettered subd (

a) effective January 1, 2005.) 35 36 (b) * * * 37 38 Rule 3.524 amended effective January 1, 2016; adopted as rule 1524 effective January 1, 1974; 39 previously amended effective January 1, 2005; previously renumbered as rule 3.524 effective 40 January 1, 2007. 41 42

Rule 3.544. Add-on cases 1 2 (

a) Request to coordinate add-on case 3 4 A request to coordinate an add-on case must comply with the requirements of rules 5 3.520 through 3.523, except that the request must be submitted to the coordination 6 trial judge under Code of Civil Procedure

section 404.4, with proof of mailing 7 service of one copy to on the Chair of the Judicial Council and proof of service as 8 required by rule 3.510. 9 10 (Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 11 2005, and January 1, 2007.) 12 13 (b)–(d) * * * 14 15 Rule 3.544 amended effective January 1, 2016; adopted as rule 1544 effective January 1, 1974; 16 previously amended effective January 1, 2005; previously amended and renumbered as rule 17 3.544 effective January 1, 2007. 18 19 Rule 3.550. General administration by the Administrative Office of the 20 CourtsJudicial Council staff 21 22 (

a) Coordination attorney 23 24 Except as otherwise provided in the rules in this chapter, all necessary 25 administrative functions under this

chapter will be performed at the direction of the 26 Chair of the Judicial Council by a coordination attorney in the Administrative 27 Office of the Courts. 28 29 (Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 30 2005, and January 1, 2007.) 31 32 (b)–(c) * * * 33 34 Rule 3.550 amended effective January 1, 2016; adopted as rule 1550 effective January 1, 1974; 35 previously amended effective January 1, 2005; previously amended and renumbered as rule 36 3.550 effective January 1, 2007. 37 38 Rule 3.670. Telephone appearance 39 40 (a)–(g) * * * 41 42

(

h) Notice by party 1 2

(1) Except as provided in (6), a party choosing to appear by telephone at a 3 hearing, conference, or proceeding, other than on an ex parte application, 4 under this rule must either: 5 6 (A) * * * 7 8 (

B) At least two court days before the appearance, notify the court and all 9 other parties of the party’s intent to appear by telephone. If the notice is 10 oral, it must be given either in person or by telephone.

If the notice is in 11 writing, it must be given by filing a “Notice of Intent to Appear by 12 Telephone” with the court at least two court days before the appearance 13 and by serving the notice at the same time on all other parties by 14 personal delivery, fax transmiss ion, express mail, e-mail if such 15 service is required by local rule or court order or agreed to by the 16 parties, or other by any means authorized by law and reasonably 17 calculated to ensure delivery to the parties no later than the close of the 18 next business day at least two court days before the appearance. 19 20 (2)–(3) * * * 21 22

(4) Any party other than an applicant choosing to appear by telephone at an ex 23 parte appearance under this rule must notify the court and all other parties 24 that have appeared in the action, no later than 2:00 p.m. or the “close of 25 business” (as that term is defined in rule 2.250(b)(10)), whichever is earlier, 26 on the court day before the appearance, of its intent to appear by telephone. If 27 the notice is oral, it must be given either in person or by telephone.

If the 28 notice is in writing, it must be given by filing a “Notice of Intent to Appear 29 by Telephone” with the court and by serving the notice at the same time on 30 all other parties by any means authorized by law reasonably calculated to 31 ensure delivery to the parties no later than 2:00 p.m. or “the close of 32 business” (as that term is defined in rule 2.250(b)(10)), whichever is earlier, 33 on the court day before the appearance. 34 35 (5)–(6) * * * 36 37 (Subd (

h) amended effective January 1, 2016; adopted as subd (

d) effective July 1, 1998; 38 previously amended effective January 1, 1999, July 1, 1999, January 1, 2003, and January 39 1, 2007; previously amended and relettered subd (

g) effective January 1, 2008, and subd 40 (

h) effective January 1, 2014.) 41 42

(i)–(q) * * * 1 2 Rule 3.670 amended effective January 1, 2016; adopted as rule 298 effective March 1, 1988; 3 previously amended and renumbered as rule 3.670 effective January 1, 2007; previously 4 amended effective January 1, 1989, July 1, 1998, January 1, 1999, July 1, 1999, January 1, 2001, 5 July 1, 2002, January 1, 2003, January 1, 2008, July 1, 2011, July 1, 2013, and January 1, 2014. 6 7 Rule 3.720. Application 8 9 (a) * * * 10 11 (

b) Emergency suspension of rules 12 13 A court by local rule may exempt specified types or categories of general civil 14 cases filed before January 1, 2016 2020, from the case management rules in this 15 chapter, provided that the court has in place alternative procedures for case 16 processing and trial setting for such actions, including, without limitation, 17 compliance with Code of Civil Procedure sections 1141.10 et seq. and 1775 et seq. 18 The court must post the alternative procedures on its website. 19 20 (Subd (

b) amended effective January 1, 2016; adopted effective February 26, 2013.) 21 22 (c) * * * 23 24 Rule 3.720 amended effective January 1, 2016; adopted effective January 1, 2007; previously 25 amended effective February 26, 2013. 26 27 Rule 3.815. Selection of the arbitrator 28 29 (a) * * * 30 31 (

b) Selection absent stipulation or local procedures 32 33 If the arbitrator has not been selected by stipulation and the court has not adopted 34 local rules or procedures for the selection of the arbitrator as permitted under (c), 35 the arbitrator will be selected as follows: 36 37 (1) * * * 38 39

(2) The administrator must select at random a number of names equal to the 40 number of sides, plus one, and mail send the list of randomly selected names 41 to counsel for the parties. 42 43

(3) Each side has 10 days from the date of mailing on which the list was sent to 1 file a rejection, in writing, of no more than one name on the list; if there are 2 two or more parties on a side, they must join in the rejection of a single name. 3 4 (4)–(5) * * * 5 6 (Subd (

b) amended effective January 1, 2016; adopted as subd (a); previously amended 7 and relettered as subd (

b) effective January 1, 2004; previously amended effective July 1, 8 1979, January 1, 1982, January 1, 1984, and January 1, 2007.) 9 10 (c)–(f) * * * 11 12 Rule 3.815 amended effective January 1, 2016; adopted as rule 1605 effective July 1, 1976; 13 previously amended effective July 1, 1979, January 1, 1982; January 1, 1984, January 1, 1991, 14 January 1, 1994, and January 1, 2004; previously amended and renumbered as rule 3.815 15 effective January 1, 2007. 16 17 Rule 3.823. Rules of evidence at arbitration hearing 18 19 (a)–(c) * * * 20 21 (

d) Delivery of documents 22 23 For purposes of this rule, “delivery” of a document or notice may be accomplished 24 manually, by electronic means under Code of Civil Procedure

section 1010.6 and 25 rule 2.251, or by mail in the manner provided by Code of Civil Procedure

section 26 1013. If service is by electronic means, the times prescribed in this rule for delivery 27 of documents, notices, and demands are increased by two days. If service is by 28 mail, the times prescribed in this rule for delivery of documents, notices, and 29 demands are increased by five days. 30 31 (Subd (

d) amended effective January 1, 2016; adopted effective January 1, 1988; 32 previously amended effective January 1, 2004.) 33 34 Rule 3.823 amended effective January 1, 2016; adopted as rule 1613 effective July 1, 1976; 35 previously amended and renumbered as rule 3.823 effective January 1, 2007; previously 36 amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004, 37 and January 1, 2008. 38 39 Rule 3.827. Entry of award as judgment 40 41 (a) * * * 42 43

(

b) Notice of entry of judgment 1 2 Promptly upon entry of the award as a judgment, the clerk must mail serve notice 3 of entry of judgment to on all parties who have appeared in the case and must 4 execute a certificate of mailing service and place it in the court’s file in the case. 5 6 (Subd (

b) amended effective January 1, 2016.) 7 8 (c) * * * 9 10 Rule 3.827 amended effective January 1, 2016; adopted effective January 1, 2007; previously 11 amended effective January 1, 2012, and January 1, 2013. 12 13 Rule 3.869. General requirements for complaint procedures and complaint 14 proceedings 15 16 (a)–(g) * * * 17 18 Advisory Committee Comment 19 20 The Administrative Office of the Courts has Judicial Council staff have developed model local 21 rules that satisfy the requirements of this rule.

These model local rules were developed with input 22 from judicial officers, court administrators, alternative dispute resolution (ADR) program 23 administrators, court-program mediators, and public commentators and are designed so that they 24 can be readily adapted to the circumstances of individual courts and specific complaints. Courts 25 are encouraged to adopt rules that follow the model rules, to the extent feasible.

Courts can obtain 26 copies of these model rules from the Judicial Council’s civil ADR program staff at the 27 Administrative Office of the Courts. 28 29 Subdivision (a). * * * 30 31 Subdivision (c). * * * 32 33 Subdivision (d). * * * 34 35 Rule 3.931. Open proceedings, notice of proceedings, and order for hearing site 36 37 (a) * * * 38 39 (

b) Notice regarding proceedings before referee 40 41

(1) In each case in which he or she is appointed, a referee must file a statement 42 that provides the name, telephone number, e-mail address, and mailing 43

address of a person who may be contacted to obtain information about the 1 date, time, location, and general nature of all hearings scheduled in matters 2 pending before the referee that would be open to the public if held before a 3 judge. This statement must be filed at the same time as the referee’s 4 certification under rule 3.904(

a) or 3.924(a). If there is any change in this 5 contact information, the referee must promptly file a revised statement with 6 the court. 7 8

(2) In addition to providing the information required under (1), the statement 9 filed by a referee may also provide the address of a publicly accessible Web 10 site website at which the referee will maintain a current calendar setting forth 11 the date, time, location, and general nature of any hearings scheduled in the 12 matter that would be open to the public if held before a judge. 13 14 (3) * * * 15 16 (Subd (

b) amended effective January 1, 2016.) 17 18 (c) * * * 19 20 Rule 3.931 amended effective January 1, 2016; adopted effective January 1, 2010. 21 22 Rule 3.1010. Oral depositions by telephone, videoconference, or other remote 23 electronic means 24 25 (a) * * * 26 27 (

b) Appearing and participating in depositions 28 29 Any party may appear and participate in an oral deposition by telephone, 30 videoconference, or other remote electronic means, provided: 31 32

(1) Written notice of such appearance is served by personal delivery, e-mail, or 33 fax at least three court days before the deposition; 34 35

(2) The party so appearing makes all arrangements and pays all expenses 36 incurred for the appearance. 37 38 (Subd (

b) amended effective January 1, 2016; previously amended effective January 1, 39 2007.) 40 41 (c)–(e) * * * 42 43

Rule 3.1010 amended effective January 1, 2016; adopted as rule 333 effective January 1, 2003; 1 previously amended and renumbered as rule 3.1010 effective January 1, 2007. 2 3 Rule 3.1109. Notice of determination of submitted matters 4 5 (

a) Notice by clerk 6 7 When the court rules on a motion or makes an order or renders a judgment in a 8 matter it has taken under submission, the clerk must immediately notify the parties 9 of the ruling, order, or judgment. The notification, which must specifically identify 10 the matter ruled on, may be given by serving electronically or mailing the parties a 11 copy of the ruling, order, or judgment, and it constitutes service of notice only if 12 the clerk is required to give notice under Code of Civil Procedure

section 664.5. 13 14 (Subd (

a) amended effective January 1, 2016; adopted as part of untitled subd effective 15 January 1, 1984; previously amended and lettered subd (

a) effective January 1, 2007.) 16 17 (b) * * * 18 19 (

c) Time not extended by failure of clerk to give notice 20 21 The failure of the clerk to give the notice required by this rule does not extend the 22 time provided by law for performing any act except as provided in rules 8.104(

a) or 23 8.824 8.822(a). 24 25 (Subd (

c) amended effective January 1, 2016; adopted effective January 1, 2007.) 26 27 Rule 3.1109 amended effective January 1, 2016; adopted as rule 309 effective January 1, 1984; 28 previously amended and renumbered as rule 3.1109 effective January 1, 2007. 29 30 Rule 3.1110. General format 31 32 (a)–(d) * * * 33 34 (

e) Binding 35 36 For motions filed on paper, all pages of each document and exhibit must be 37 attached together at the top by a method that permits pages to be easily turned and 38 the entire content of each page to be read. 39 40 (Subd (

e) amended effective January 1, 2016; adopted as subd (

d) effective July 1, 1997; 41 previously amended and relettered subd (

e) effective January 1, 2007.) 42 43

(f)–(g) * * * 1 2 Rule 3.1110 amended effective January 1, 2016; adopted as rule 311 effective January 1, 1984; 3 previously amended effective July 1, 1997; previously amended and renumbered as rule 3.1110 4 effective January 1, 2007. 5 6 Rule 3.1113. Memorandum 7 8 (a)–(h) * * * 9 10 (

i) Copies of authorities 11 12

(1) A judge may require that if any authority other than California cases, statutes, 13 constitutional provisions, or state or local rules is cited, a copy of the 14 authority must be lodged with the papers that cite the authority and tabbed or 15 separated as required by rule 3.1110(f). 16 17

(2) If a California case is cited before the time it is published in the advance 18 sheets of the Official Reports, the party must include the title, case number, 19 date of decision, and, if from the Court of Appeal, district of the Court of 20 Appeal in which the case was decided. A judge may require that a copy of 21 that case must be lodged and tabbed or separated as required by rule 22 3.1110(f). 23 24 (3) * * * 25 26 (Subd (

i) amended effective January 1, 2016; adopted as part of subd (

e) effective January 27 1, 1992; previously amended and relettered as subd (

h) effective January 1, 2004, and as 28 subd (

j) effective January 1, 2007; previously relettered as part of subd (

f) effective July 1, 29 2000, and as subd. (

i) effective January 1, 2008; previously amended effective July 1, 30 1997, and July 1, 2011.) 31 32 (j)–(l) * * * 33 34 (

m) Proposed orders or judgments 35 36 If a proposed order or judgment is submitted, it must be lodged and served with the 37 moving papers but must not be attached to them. The requirements for proposed 38 orders, including the requirements for submitting proposed orders by electronic 39 means, are stated in rule 3.1312. 40 41 (Subd (

m) amended effective January 1, 2016; adopted as subd (

i) effective July 1, 1997; 42 previously amended and relettered as subd (

l) effective January 1, 2004; previously 43

relettered as subd (

j) effective July 1, 2000, as subd (

n) effective January 1, 2007, and as 1 subd (

m) effective January 1, 2008.) 2 3 Rule 3.1113 amended effective January 1, 2016; adopted as rule 313 effective January 1, 1984; 4 previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously 5 amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, 6 January 1, 2004, January 1, 2008, and July 1, 2011. 7 8 Rule 3.1202. Contents of application 9 10 (

a) Identification of attorney or party 11 12 An ex parte application must state the name, address, e-mail address, and telephone 13 number of any attorney known to the applicant to be an attorney for any party or, if 14 no such attorney is known, the name, address, e-mail address, and telephone 15 number of the party if known to the applicant. 16 17 (Subd (

a) amended effective January 1, 2016.) 18 19 (b)–(c) * * * 20 21 Rule 3.1202 amended effective January 1, 2016; adopted effective January 1, 2007; previously 22 amended effective January 1, 2007. 23 24 Rule 3.1300. Time for filing and service of motion papers 25 26 (

a) In general 27 28 Unless otherwise ordered or specifically provided by law, all moving and 29 supporting papers must be served and filed in accordance with Code of Civil 30 Procedure

section 1005 and, when applicable, the statutes and rules providing for 31 electronic filing and service. 32 33 (Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 34 2000, and January 1, 2007.) 35 36 (b)–(d) * * * 37 38 (

e) Computation of time 39 40 A paper submitted before the close of the clerk’s office to the public on the day the 41 paper is due is deemed timely filed. Under rules 2.253(b)(7) and 2.259(c), a court 42 may provide by local rule that a paper that is required to be filed electronically and 43

that is received electronically by the court before midnight on a court day is 1 deemed filed on that court day. 2 3 (Subd (

e) amended effective January 1, 2016; adopted as subd (

d) effective January 1, 4 1992; previously relettered as subd (

e) effective January 1, 2000.) 5 6 Rule 3.1300 amended effective January 1, 2016; adopted as rule 317 effective January 1, 1984; 7 previously amended effective January 1, 1992, and January 1, 2000; previously amended and 8 renumbered as rule 3.1300 effective January 1, 2007. 9 10 Rule 3.1302. Place and manner of filing 11 12 (

a) Papers filed in clerk’s office 13 14 Unless otherwise provided by local rule or specified in a court’s protocol for 15 electronic filing, all papers relating to a law and motion proceeding must be filed in 16 the clerk’s office. 17 18 (Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 19 2007.) 20 21 (

b) Requirements for lodged material 22 23 Material lodged physically with the clerk must be accompanied by an addressed 24 envelope with sufficient postage for mailing the material. Material lodged 25 electronically must clearly specify the electronic address to which the materials 26 may be returned. After determination of the matter, the clerk may mail or send the 27 material back to the party lodging it. 28 29 (Subd (

b) amended effective January 1, 2016; previously amended effective January 1, 30 2007.) 31 32 Rule 3.1302 amended effective January 1, 2016; adopted as rule 319 effective January 1, 1984; 33 previously amended and renumbered as rule 3.1302 effective January 1, 2007. 34 35 Rule 3.1304. Time of hearing 36 37 (

a) General

schedule 38 39 The clerk must post electronically and at the courthouse a general

schedule 40 showing the days and departments for holding each type of law and motion 41 hearing. 42 43

(Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 1 2003.) 2 3 (b)–(d) * * * 4 5 Rule 3.1304 amended effective January 1, 2016; adopted as rule 321 effective January 1, 1984; 6 previously amended effective January 1, 1992, and January 1, 2003; previously amended and 7 renumbered as rule 3.1304 effective January 1, 2007. 8 9 Rule 3.1320. Demurrers 10 11 (a)–(b) * * * 12 13 (

c) Notice of hearing 14 15 A party filing a demurrer must serve and file therewith a notice of hearing that must 16 specify a hearing date in accordance with the provisions of Code of Civil Procedure 17

section 1005 and, if service is by electronic means, in accordance with the 18 requirements of Code of Civil Procedure

section 1010.6(a)(4) and rule 2.251(h)(2). 19 20 (Subd (

c) amended effective January 1, 2016; adopted as subd (b); previously amended 21 effective July 1, 2000; previously amended and relettered as subd (

c) effective January 1, 22 2007.) 23 24 (d)–(j) * * * 25 26 Rule 3.1320 amended effective January 1, 2016; adopted as rule 325 effective January 1, 1984; 27 previously amended and renumbered as rule 3.1320 effective January 1, 2007; previously 28 amended effective July 1, 1984, July 1, 1995, July 1, 2000, January 1, 2009, and January 1, 2011. 29 30 Rule 3.1326. Motions for change of venue 31 32 Following denial of a motion to transfer under Code of Civil Procedure

section 396b, 33 unless otherwise ordered, 30 calendar days are deemed granted defendant to move to 34 strike, demur, or otherwise plead if the defendant has not previously filed a response. If a 35 motion to transfer is granted, 30 calendar days are deemed granted from the date the 36 receiving court mails sends notice of receipt of the case and its new case number. 37 38 Rule 3.1326 amended effective January 1, 2016; adopted as rule 326 effective January 1, 1984; 39 previously amended effective July 1, 1984; previously amended and renumbered as rule 3.1326 40 effective January 1, 2007. 41 42

Rule 3.1327. Motions to quash or to stay action in

summary proceeding involving 1 possession of real property 2 3 (

a) Notice 4 5 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 6

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 7 motion to quash service of summons on the ground of lack of jurisdiction or to stay 8 or dismiss the action on the ground of inconvenient forum must be given in 9 compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1167.4. 10 11 (Subd (

a) amended effective January 1, 2016.) 12 13 (b) * * * 14 15 (

c) Written opposition in advance of hearing 16 17 If a party seeks to have a written opposition considered in advance of the hearing, 18 the written opposition must be filed and served on or before the court day before 19 the hearing. Service must be by personal delivery, electronic service, facsimile fax 20 transmission, express mail, or other means consistent with Code of Civil Procedure 21 sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure 22 delivery to the other party or parties no later than the close of business on the court 23 day before the hearing. The court, in its discretion, may consider written opposition 24 filed later. 25 26 (Subd (

c) amended effective January 1, 2016.) 27 28 Rule 3.1327 amended effective January 1, 2016; adopted effective January 1, 2009. 29 30 Rule 3.1330. Motion concerning arbitration 31 32 A petition to compel arbitration or to stay proceedings pursuant to Code of Civil 33 Procedure sections 1281.2 and 1281.4 must state, in addition to other required 34 allegations, the provisions of the written agreement and the paragraph that provides for 35 arbitration.

The provisions must be stated verbatim or a copy must be physically or 36 electronically attached to the petition and incorporated by reference. 37 38 Rule 3.1330 amended effective January 1, 2016; adopted as rule 371 effective January 1, 1984; 39 previously amended and renumbered as rule 3.1330 effective January 1, 2007. 40 41

Rule 3.1340. Motion for discretionary dismissal after two years for delay in 1 prosecution 2 3 (a) * * * 4 5 (

b) Notice of court’s intention to dismiss 6 7 If the court intends to dismiss an action on its own motion, the clerk must set a 8 hearing on the dismissal and mail send notice to all parties at least 20 days before 9 the hearing date. 10 11 (Subd (

b) amended effective January 1, 2016; adopted as part of subd (

a) effective January 12 1, 1990; previously amended and lettered as subd (

b) effective January 1, 2007.) 13 14 (c) * * * 15 16 Rule 3.1340 amended effective January 1, 2016; adopted as rule 372 effective January 1, 1990; 17 previously amended and renumbered as rule 3.1340 effective January 1, 2007. 18 19 Rule 3.1346.

Service of motion papers on nonparty deponent 20 21 A written notice and all moving papers supporting a motion to compel an answer to a 22 deposition question or to compel production of a document or tangible thing from a 23 nonparty deponent must be personally served on the nonparty deponent unless the 24 nonparty deponent agrees to accept service by mail or electronic service at an address or 25 electronic service address specified on the deposition record. 26 27 Rule 3.1346 amended effective January 1, 2016; adopted as rule 337 effective January 1, 1984; 28 previously amended effective July 1, 1987; previously amended and renumbered as rule 3.1025 29 effective January 1, 2007; previously renumbered as rule 3.1346 effective January 1, 2009. 30 31 Rule 3.1347.

Discovery motions in

summary proceeding involving possession of real 32 property 33 34 (

a) Notice 35 36 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 37

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 38 discovery motion must be given in compliance with Code of Civil Procedure 39 sections 1010.6 or 1013 and 1170.8. 40 41 (Subd (

a) amended effective January 1, 2016.) 42 43

(b) * * * 1 2 (

c) Written opposition in advance of hearing 3 4 If a party seeks to have a written opposition considered in advance of the hearing, 5 the written opposition must be served and filed on or before the court day before 6 the hearing. Service must be by personal delivery, electronic service, facsimile fax 7 transmission, express mail, or other means consistent with Code of Civil Procedure 8 sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure 9 delivery to the other party or parties no later than the close of business on the court 10 day before the hearing. The court, in its discretion, may consider written opposition 11 filed later. 12 13 (Subd (

c) amended effective January 1, 2016.) 14 15 Rule 3.1347 amended effective January 1, 2016; adopted effective January 1, 2009. 16 17 Rule 3.1350. Motion for

summary judgment or

summary adjudication 18 19 (

a) MotionDefinitions 20 21 As used in this rule: 22 23 (1) “Motion” refers to either a motion for

summary judgment or a motion for 24

summary adjudication. 25 26 (2) “Material facts” are facts that relate to the cause of action, claim for damages, 27 issue of duty, or affirmative defense that is the subject of the motion and that 28 could make a difference in the disposition of the motion. 29 30 (Subd (

a) amended effective January 1, 2016.) 31 32 (b)–(c) * * * 33 34 (

d) Separate statement in support of motion 35 36

(1) The Separate Statement of Undisputed Material Facts in support of a motion 37 must separately identify: 38 39 (

A) Each cause of action, claim for damages, issue of duty, or affirmative 40 defense, that is the subject of the motion; and 41 42

(

B) Each supporting material fact claimed to be without dispute with 1 respect to the cause of action, claim for damages, issue of duty, or 2 affirmative defense that is the subject of the motion. 3 4

(2) The separate statement should include only material facts and not any facts 5 that are not pertinent to the disposition of the motion. 6 7

(3) The separate statement must be in a the two-column format, specified in (h). 8 The statement must state in numerical sequence the undisputed material facts 9 in the first column followed by the evidence that establishes those undisputed 10 facts in that same column. Citation to the evidence in support of each 11 material fact must include reference to the exhibit, title, page, and line 12 numbers. 13 14 (Subd (

d) amended effective January 1, 2016; previously amended effective January 1, 15 2002, January 1, 2007, and January 1, 2008.) 16 17 (

e) Documents in opposition to motion 18 19 Except as provided in Code of Civil Procedure

section 437c(

r) and rule 3.1351, the 20 opposition to a motion must consist of the following separate documents, 21 separately stapled and titled as shown: 22 23 (1) * * * 24 25 (2) [Opposing party’s] separate statement of undisputed material facts in 26 opposition to [moving party’s] motion for

summary judgment or

summary 27 adjudication or both; 28 29 (3)–(4) * * * 30 31 (Subd (

e) amended effective January 1, 2016; previously amended effective January 1, 32 2002, January 1, 2007, and January 1, 2009.) 33 34 (

f) Opposition to Motion; Content of separate statement in opposition to motion 35 36 The Separate Statement in Opposition to Motion must be in the two-column format 37 specified in (h). 38 39

(1) Each material fact claimed by the moving party to be undisputed must be set 40 out verbatim on the left side of the page, below which must be set out the 41 evidence said by the moving party to establish that fact, complete with the 42 moving party’s references to exhibits. 43

(2) On the right side of the page, directly opposite the recitation of the moving 2 party’s statement of material facts and supporting evidence, the response 3 must unequivocally state whether that fact is “disputed” or “undisputed.” An 4 opposing party who contends that a fact is disputed must state, on the right 5 side of the page directly opposite the fact in dispute, the nature of the dispute 6 and describe the evidence that supports the position that the fact is 7 controverted.

That Citation to the evidence in support of the position that a 8 fact is controverted must be supported by citation include reference to the 9 exhibit, title, page, and line numbers in the evidence submitted. 10 11

(3) If the opposing party contends that additional material facts are pertinent to 12 the disposition of the motion, those facts must be set forth in the separate 13 statement. The separate statement should include only material facts and not 14 any facts that are not pertinent to the disposition of the motion. Each fact 15 must be followed by the evidence that establishes the fact. Citation to the 16 evidence in support of each material fact must include reference to the 17 exhibit, title, page, and line numbers. 18 19 (Subd (

f) amended effective January 1, 2016; previously amended effective January 1, 20 2002.) 21 22 (g)–(i) * * * 23 24 Rule 3.1350 amended effective January 1, 2016; adopted as rule 342 effective July 1, 1997; 25 previously amended and renumbered as rule 3.1350 effective January 1, 2007; previously 26 amended effective January 1, 1999, January 1, 2002, January 1, 2008, July 1, 2008, and January 27 1, 2009. 28 29 Advisory Committee Comment 30 31 Subdivision (a)(2). This definition is derived from statements in L.A. Nat. Bank v. Bank of Canton 32 (1991) 229 Cal. App. 3d 1267, 1274 (“In order to prevent the imposition of a

summary judgment, 33 the disputed facts must be 'material,' i.e., relate to a claim or defense in issue which could make a 34 difference in the outcome.”) and Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532–533 (Parties are 35 encouraged “to raise only meritorious objections to items of evidence that are legitimately in 36 dispute and pertinent to the disposition of the

summary judgment motion.”) 37 38 Subdivisions (d)(2) and (f)(3). Consistent with Reid, supra, these provisions are intended to 39 eliminate from separate statements facts that are not material, and, thereby reduce the number of 40 unnecessary objections to evidence. 41 42 43

Rule 3.1351. Motions for

summary judgment in

summary proceeding involving 1 possession of real property 2 3 (

a) Notice 4 5 In an unlawful detainer action or other action brought under

chapter 4 of title 3 of 6

part 3 of the Code of Civil Procedure (commencing with

section 1159), notice of a 7 motion for

summary judgment must be given in compliance with Code of Civil 8 Procedure sections 1010.6 or 1013 and 1170.7. 9 10 (Subd (

a) amended effective January 1, 2016.) 11 12 (b) * * * 13 14 (

c) Written opposition in advance of hearing 15 16 If a party seeks to have a written opposition considered in advance of the hearing, 17 the written opposition must be filed and served on or before the court day before 18 the hearing. Service must be by personal delivery, electronic service, facsimile fax 19 transmission, express mail, or other means consistent with Code of Civil Procedure 20 sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure 21 delivery to the other party or parties no later than the close of business on the court 22 day before the hearing. The court, in its discretion, may consider written opposition 23 filed later. 24 25 (Subd (

c) amended effective January 1, 2016.) 26 27 Rule 3.1351 amended effective January 1, 2016; adopted effective January 1, 2009. 28 29 Rule 3.1354. Written objections to evidence 30 31 (a) * * * 32 33 (

b) Format of objections 34 35 All written objections to evidence must be served and filed separately from the 36 other papers in support of or in opposition to the motion. Objections on to specific 37 evidence may must be referenced by the objection number in the right column of a 38 separate statement in opposition or reply to a motion, but the objections must not be 39 restated or reargued in the separate statement. Each written objection must be 40 numbered consecutively and must: 41 42 (1)–(4) * * * 43

1 Written objections to evidence must follow one of the following two formats: 2 3 (First Format): 4 Objections to Jackson Declaration 5 6 Objection Number 1 7 8 * * * 9 10 Objection Number 2 11 12 “A lot of people find widgets to be very useful.” (Jackson declaration, page 17, line 5.) 13 14 Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350–351). 15 (Second Format): 16 Objections to Jackson Declaration 17 18 Material Objected to: Grounds for Objection: 1. Jackson declaration, page 3, lines 7–8: “Johnson told me that no widgets were ever received.” Hearsay (Evid.

Code, §1200); lack of personal knowledge (Evid. Code, § 702(a)). 2. Jackson declaration, page 17, line 5: “A lot of people find widgets to be very useful.” Irrelevant (Evid. Code, §§ 210, 350–351). 19 (Subd (

b) amended effective January 1, 2016; adopted effective January 1, 2007.) 20 21 (

c) Proposed order 22 23 A party submitting written objections to evidence must submit with the objections a 24 proposed order. The proposed order must include places for the court to indicate 25 whether it has sustained or overruled each objection. It must also include a place 26 for the signature of the judge. The court may require that the proposed order be 27 provided in electronic form. The proposed order must be in one of the following 28 two formats: 29 30 (First Format): 31 Objections to Jackson Declaration 32 33

Objection Number 1 1 2 * * * 3 Objection Number 2 4 5 “A lot of people find widgets to be very useful.” (Jackson declaration, page 17, line 5.) 6 7 Grounds for Objection 2: Irrelevant (Evid. Code, §§ 210, 350–351). 8 9 Court’s Ruling on Objection 2: Sustained: _________ Overruled:_________ 10 (Second Format): 11 12 Objections to Jackson Declaration 13 14 Material Objected to: Grounds for Objection: Ruling on the Objection 1. Jackson declaration, page 3, lines 7–8: “Johnson told me that no widgets were ever received.” Hearsay (Evid. Code, § 1200); lack of personal knowledge (Evid. Code, § 702(a)).

Sustained: _________ Overruled:_________ 2. Jackson declaration, page 17, line 5: “A lot of people find widgets to be very useful.” Irrelevant (Evid. Code, §§210, 350–351). Sustained: _________ Overruled:_________ Date: ______________________ _______________________________ Judge 15 (Subd (

c) amended effective January 1, 2016; adopted effective January 1, 2007.) 16 17

Rule 3.1354 amended effective January 1, 2016; adopted as rule 345 effective January 1, 1984; 1 previously amended and renumbered as rule 3.1354 effective January 1, 2007; previously 2 amended effective January 1, 2002, and January 1, 2007. 3 4 Rule 3.1590. Announcement of tentative decision, statement of decision, and 5 judgment 6 7 (a)–(k) * * * 8 9 (

l) Signature and filing of judgment 10 11 If a written judgment is required, the court must sign and file the judgment within 12 50 days after the announcement or service of the tentative decision, whichever is 13 later, or, if a hearing was held under (k), within 10 days after the hearing. An 14 electronic signature by the court is as effective as an original signature. The 15 judgment constitutes the decision on which judgment is to be entered under Code 16 of Civil Procedure

section 664. 17 18 (Subd (

l) amended effective January 1, 2016; adopted as part of subd (e); previously 19 amended and relettered as subd (

h) effective January 1, 2007, and as subd (

l) effective 20 January 1, 2010.) 21 22 (m)–(n) * * * 23 24 Rule 3.1590 amended effective January 1, 2016; adopted as rule 232 effective January 1, 1949; 25 previously amended and renumbered as rule 3.1590 effective January 1, 2007; previously 26 amended effective January 1, 1969, July 1, 1973, January 1, 1982, January 1, 1983, January 1, 27 2007, and January 1, 2010. 28 29 Rule 3.1700. Prejudgment costs 30 31 (

a) Claiming costs 32 33

(1) Trial costs 34 35 A prevailing party who claims costs must serve and file a memorandum of 36 costs within 15 days after the date of mailing service of the notice of entry of 37 judgment or dismissal by the clerk under Code of Civil Procedure

section 38 664.5 or the date of service of written notice of entry of judgment or 39 dismissal, or within 180 days after entry of judgment, whichever is first. The 40 memorandum of costs must be verified by a statement of the party, attorney, 41 or agent that to the best of his or her knowledge the items of cost are correct 42 and were necessarily incurred in the case. 43

1 (2) * * * 2 3 (Subd (

a) amended effective January 1, 2016; previously amended effective January 1, 4 2007, and July 1, 2007.) 5 6 (

b) Contesting costs 7 8

(1) Striking and taxing costs 9 10 Any notice of motion to strike or to tax costs must be served and filed 15 11 days after service of the cost memorandum. If the cost memorandum was 12 served by mail, the period is extended as provided in Code of Civil Procedure 13

section 1013. If the cost memorandum was served electronically, the period is 14 extended as provided in Code of Civil Procedure

section 1010.6(a)(4). 15 16 (2)–(4) * * * 17 18 (Subd (

b) amended effective January 1, 2016; previously amended effective January 1, 19 2007.) 20 21 Rule 3.1700 amended effective January 1, 2016; adopted as rule 870 effective January 1, 1987; 22 previously amended and renumbered as rule 3.1700 effective January 1, 2007; previously 23 amended effective July 1, 2007. 24 25 Rule 3.1900. Notice of renewal of judgment 26 27 A copy of the application for renewal of judgment must be physically or electronically 28 attached to the notice of renewal of judgment required by Code of Civil Procedure 29

section 683.160. 30 31 Rule 3.1900 amended effective January 1, 2016; adopted as rule 986 effective July 1, 1983; 32 previously amended and renumbered as rule 3.1900 effective January 1, 2007. 33 34 Rule 3.2107. Request for court order 35 36 (

a) Request before trial 37 38 If a party files a written request for a court order before the hearing on the claim, 39 the requesting party must mail, or personally deliver, or if agreed on by the parties 40 electronically serve a copy to all other parties in the case. The other parties must be 41 given an opportunity to answer or respond to the request before or at the hearing. 42

This subdivision does not apply to a request to postpone the hearing date if the 1 plaintiff’s claim has not been served. 2 3 (Subd (

a) amended effective January 1, 2016.) 4 5 (

b) Request after trial 6 7 If a party files a written request for a court order after notice of entry of judgment, 8 the clerk must mail send a copy of the request to all other parties in the action. A 9 party has 10 calendar days from the date on which the clerk mailed sent the request 10 to file a response before the court makes an order. The court may

schedule a 11 hearing on the request, except that if the request is to vacate the judgment for lack 12 of appearance by the plaintiff, the court must hold a hearing. The court may give 13 notice of any scheduled hearing with notice of the request, but the hearing must be 14 scheduled at least 11 calendar days after the clerk has mailed sent the request. 15 16 (Subd (

b) amended effective January 1, 2016.) 17 18 Rule 3.2107 amended effective January 1, 2016; adopted effective January 1, 2007. 19 20 Rule 4.102. Uniform bail and penalty schedules—traffic, boating, fish and game, 21 forestry, public utilities, parks and recreation, business licensing 22 23 The Judicial Council of California has established the policy of promulgating uniform 24 bail and penalty schedules for certain offenses in order to achieve a standard of 25 uniformity in the handling of these offenses. 26 27 In general, bail is used to ensure the presence of the defendant before the court.

Under 28 Vehicle Code sections 40512 and 13103, bail may also be forfeited and forfeiture may be 29 ordered without the necessity of any further court proceedings and be treated as a 30 conviction for specified Vehicle Code offenses. A penalty in the form of a monetary sum 31 is a fine imposed as all or a portion of a sentence imposed. 32 33 To achieve substantial uniformity of bail and penalties throughout the state in traffic, 34 boating, fish and game, forestry, public utilities, parks and recreation, and business 35 licensing cases, the trial court judges, in performing their duty under Penal Code

section 36 1269b to annually revise and adopt a

schedule of bail and penalties for all misdemeanor 37 and infraction offenses except Vehicle Code infractions, must give consideration to the 38 Uniform Bail and Penalty Schedules approved by the Judicial Council. The Uniform Bail 39 and Penalty

Schedule for infraction violations of the Vehicle Code will be established by 40 the Judicial Council in accordance with Vehicle Code

section 40310. Judges must give 41 consideration to requiring additional bail for aggravating or enhancing factors. 42 43

After a court adopts a countywide bail and penalty schedule, under Penal Code

section 1 1269b, the court must, as soon as practicable, mail or e-mail a copy of the

schedule to the 2 Judicial Council with a report stating how the revised

schedule differs from the council’s 3 uniform traffic bail and penalty schedule, uniform boating bail and penalty schedule, 4 uniform fish and game bail and penalty schedule, uniform forestry bail and penalty 5 schedule, uniform public utilities bail and penalty schedule, uniform parks and recreation 6 bail and penalty schedule, or uniform business licensing bail and penalty schedule. 7 8 The purpose of this uniform bail and penalty

schedule is to: 9 10 (1)–(2) * * * 11 12 Unless otherwise shown, the maximum penalties for the listed offenses are six months in 13 the county jail or a fine of $1,000, or both.

The penalty amounts are intended to be used 14 to provide standard fine amounts for a first offense conviction of a violation shown where 15 a fine is used as all or a portion of the sentence imposed. 16 17 Note: 18 Courts may obtain copies of the Uniform Bail and Penalty Schedules by contacting: 19 Office of the General Counsel 20 Administrative Office of the Courts 21 Criminal Justice Services 22 Judicial Council of California 23 455 Golden Gate Avenue 24 San Francisco, CA 94102-3688 25 (415) 865-7611 26 Fax (415) 865-4317 or 27 www.courts.ca.gov/reference www.courts.ca.gov/7532.htm 28 29 Rule 4.102 amended effective January 1, 2016; adopted as rule 850 effective January 1, 1965; 30 previously renumbered as rule 4.102 and amended effective January 1, 2001; previously 31 amended effective January 1, 1970, January 1, 1971, July 1, 1972, January 1, 1973, January 1, 32 1974, July 1, 1975, July 1, 1979, July 1, 1980, July 1, 1981, January 1, 1983, July 1, 1984, July 1, 33 1986, January 1, 1989, January 1, 1990, January 1, 1993, January 1, 1995, January 1, 1997, 34 July 1, 2004, January 1, 2007, and July 1, 2013. 35 36 Rule 4.152.

Selection of court and trial judge 37 38 When a judge grants a motion for change of venue, he or she must inform the presiding 39 judge of the transferring court. The presiding judge, or his or her designee, must: 40 41

(1) Notify the Administrative Director of the Courts of the change of venue. After 42 receiving the transferring court’s notification, the Administrative Director, in order 43

to expedite judicial business and equalize the work of the judges, must advise the 1 transferring court which courts would not be unduly burdened by the trial of the 2 case. 3 4 (2) * * * 5 6 Rule 4.152 amended effective January 1, 2016; adopted as rule 842 effective March 4, 1972; 7