Rule 1.20. Effective Date of Filing ............................................................................ 6 1

Cal. R. Ct. 1.20

California Rules of Court

Rule 1.20. Effective Date of Filing ............................................................................ 6 1 Rule 1.201. Protection of privacy .............................................................................. 7 2 Rule 2.100. Form and format of papers presented for filing in the trial courts ......... 8 3 Rule 2.103. Size, quality, and color of papers ........................................................... 8 4 Rule 2.104. Printing; Font size; printing .................................................................... 9 5 Rule 2.105.

Font style ................................................................................................ 9 6 Rule 2.109. Page numbering ...................................................................................... 9 7 Rule 2.110. Footer...................................................................................................... 9 8 Rule 2.111. Format of first page ................................................................................ 9 9 Rule 2.114. Exhibits ................................................................................................. 10 10 Rule 2.118.

Acceptance of papers for filing ............................................................ 10 11 Rule 2.140. Judicial Council forms .......................................................................... 11 12 Rule 2.251. Electronic service ................................................................................. 11 13 Rule 2.256. Responsibilities of electronic filer ........................................................ 12 14 Rule 2.306. Service of papers by fax transmission .................................................. 13 15 Rule 2.551.

Procedures for filing records under seal ............................................... 13 16 Rule 2.577. Procedures for filing confidential name change records under seal ..... 15 17 Rule 2.810. Temporary judges appointed by the trial courts ................................... 17 18 Rule 3.250. Limitations on the filing of papers ....................................................... 17 19 Rule 3.751. Electronic service ................................................................................. 18 20 Rule 3.823.

Rules of evidence at arbitration hearing ............................................... 18 21 Rule 3.1110. General format .................................................................................... 19 22 Rule 3.1113. Memorandum ..................................................................................... 20 23 Rule 3.1302. Place and manner of filing .................................................................. 21 24 Rule 3.1306. Evidence at hearing ............................................................................ 22 25 Rule 3.1362.

Motion to be relieved as counsel ........................................................ 22 26 Rule 4.403. Application ........................................................................................... 24 27 Rule 4.405.

Definitions ............................................................................................ 24 28 Rule 4.406. Reasons ................................................................................................. 26 29 Rule 4.409. Consideration of criteria ....................................................................... 27 30 Rule 4.410. General objectives in sentencing .......................................................... 27 31 Rule 4.411.5. Probation officer’s presentence investigation report ......................... 28 32

Rule 4.412. Reasons—agreement to punishment as an adequate reason and as 1 abandonment of certain claims ................................................................................. 29 2 Rule 4.414. Criteria affecting probation .................................................................. 29 3 Rule 4.415. Criteria affecting the imposition of mandatory supervision ................. 30 4 Rule 4.420. Selection of term of imprisonment ....................................................... 31 5 Rule 4.421.

Circumstances in aggravation .............................................................. 33 6 Rule 4.423. Circumstances in mitigation ................................................................. 35 7 Rule 4.425. Criteria affecting concurrent or consecutive sentences ........................ 35 8 Rule 4.427. Hate crimes ........................................................................................... 36 9 Rule 4.431. Proceedings at sentencing to be reported ............................................. 36 10 Rule 4.433.

Matters to be considered at time set for sentencing ............................. 36 11 Rule 4.435. Sentencing on revocation of probation ................................................. 39 12 Rule 4.452. Determinate sentence consecutive to prior determinate sentence ........ 40 13 Rule 4.472. Determination of presentence custody time credit ............................... 40 14 Rule 4.480. Judge’s statement under

section 1203.01 ............................................. 40 15 Rule 4.530. Intercounty transfer of probation and mandatory supervision cases .... 41 16 Rule 5.66. Proof of service ...................................................................................... 43 17 Rule 5.504. Judicial Council forms .......................................................................... 44 18 Rule 5.324. Telephone appearance in title IV-D hearings and conferences ............ 44 19 Rule 5.380.

Agreement and judgment of parentage in Domestic Violence 20 Prevention Act cases ................................................................................................. 45 21 Rule 5.390. Bifurcation of issues ............................................................................. 45 22 Rule 5.392. Interlocutory appeals ............................................................................ 45 23 Rule 5.534. General provisions—all proceedings ................................................... 47 24 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a 25 nonminor—dependents or wards of the juvenile court in a foster care placement and 26 nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 27 16501.1(f)(g)(16)) ..................................................................................................... 50 28 Rule 5.610. Transfer-out hearing ............................................................................. 55 29 Rule 5.612. Transfer-in hearing ............................................................................... 57 30 Rule 5.613.

Transfer of nonminor dependents ......................................................... 58 31 Rule 5.668. Commencement of hearing—explanation of proceedings (§§ 316, 32 316.2) ........................................................................................................................ 62 33

Rule 5.670. Initial hearing; detention hearings; time limit on custody; setting 1 jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1) ................................. 63 2 Rule 5.674. Conduct of hearing; admission, no contest, submission ...................... 65 3 Rule 5.680. Detention rehearings; prima facie hearings .......................................... 66 4 Rule 5.682. Commencement of jurisdiction hearing—advisement of trial rights; 5 admission, no contest, submission ............................................................................ 67 6 Rule 5.684.

Contested hearing on petition ............................................................... 69 7 Rule 5.686. Continuance pending disposition hearing ............................................ 71 8 Rule 5.688. Failure to cooperate with services (§ 360(b)) ....................................... 71 9 Rule 5.690. General conduct of disposition hearing ................................................ 72 10 Rule 5.695. Findings and orders of the court—disposition ..................................... 73 11 Rule 5.706.

Family maintenance review hearings (§ 364) ...................................... 83 12 Rule 5.708. General review hearing requirements ................................................... 84 13 Rule 5.710. Six-month review hearing .................................................................... 90 14 Rule 5.715. Twelve-month permanency hearing ..................................................... 94 15 Rule 5.720. Eighteen-month permanency review hearing ....................................... 98 16 Rule 5.722. Twenty-four-month subsequent permanency review hearing ............ 102 17 Rule 5.725.

Selection of permanent plan (§§ 366.24, 366.26, 727.31) ................. 105 18 Rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6) ..... 111 19 Rule 5.727. Proposed removal (§ 366.26(n)) ......................................................... 115 20 Rule 5.728. Emergency removal (§ 366.26(n)) ..................................................... 117 21 Rule 5.730. Adoption (§§ 366.24, 366.26(e), Fam. Code, § 8600 et seq.) ............ 120 22 Rule 5.735. Legal guardianship ............................................................................. 120 23 Rule 5.740.

Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 16501.1) 24 ................................................................................................................................. 121 25

Article 2. Service, Filing, Filing Fees, Form, and Number of Documents Privacy ... 125 26 Rule 8.41. Protection of privacy in documents and records .................................. 125 27 Rule 8.45. General provisions ................................................................................ 125 28 Rule 8.70. Purpose, aApplication, construction, and

definitions ........................... 126 29 Rule 8.71. Electronic service ................................................................................. 127 30 Rule 8.71. Electronic filing .................................................................................... 130 31 Rule 8.72. Documents that may be filed electronically ......................................... 131 32 Rule 8.73. Court order requiring electronic service or filing ................................. 132 33

Rule 8.74 8.72. Responsibilities of court ............................................................... 133 1 Rule 8.75 8.73. Contracts with electronic filing service providers ........................ 133 2 Rule 8.76 8.74. Responsibilities of electronic filer ................................................ 134 3 Rule 8.77 8.75. Requirements for signatures on documents .................................. 135 4 Rule 8.78 8.76. Payment of filing fees................................................................... 135 5 Rule 8.79 8.77.

Actions by court on receipt of electronic filing ............................ 135 6 Rule 8.71 8.78. Electronic service ......................................................................... 137 7 Rule 8.73 8.79. Court order requiring electronic service or filing ......................... 139 8

Article 7. Privacy ....................................................................................................... 141 9 Rule 8.90. Privacy in opinions ............................................................................... 141 10 Rule 8.104. Time to appeal .................................................................................... 142 11 Rule 8.124. Appendixes ......................................................................................... 143 12 Rule 8.130. Reporter’s transcript ........................................................................... 143 13 Rule 8.144.

Form of the record .............................................................................. 144 14 Rule 8.150. Filing the record ................................................................................. 145 15 Rule 8.200. Briefs by parties and amici curiae ...................................................... 145 16 Rule 8.204. Contents and form of briefs ................................................................ 145 17 Rule 8.336. Preparing, certifying, and sending the record ..................................... 146 18 Rule 8.400.

Application ......................................................................................... 147 19 Rule 8.407. Record on appeal ................................................................................ 147 20 Rule 8.409. Preparing and sending the record ....................................................... 149 21 Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in 22 Orange, Imperial, and San Diego Counties and in other counties by local rule ..... 150 23 Rule 8.450.

Notice of intent to file writ petition to review order setting hearing 24 under Welfare and Institutions Code

section 366.26 .............................................. 151 25 Rule 8.452. Writ petition to review order setting hearing under Welfare and 26 Institutions Code

section 366.26 ............................................................................. 152 27 Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code 28

section 366.28 to review order designating specific placement of a dependent child 29 after termination of parental rights ......................................................................... 153 30 Rule 8.456. Writ petition under Welfare and Institutions Code

section 366.28 to 31 review order designating or denying specific placement of a dependent child after 32 termination of parental rights .................................................................................. 154 33 Rule 8.480. Appeal from order establishing conservatorship ................................ 155 34

Rule 8.482. Appeal from judgment authorizing conservator to consent to 1 sterilization of conservatee ..................................................................................... 155 2 Rule 8.487. Opposition and Attorney General amicus curiae briefs ..................... 155 3 Rule 8.489. Notice to trial court ............................................................................. 156 4 Rule 8.613. Preparing and certifying the record of preliminary proceedings ........ 157 5 Rule 8.619. Certifying the trial record for completeness ....................................... 157 6 Rule 8.625.

Certifying the record in pre-1997 trials .............................................. 158 7 Rule 8.834. Reporter’s transcript ........................................................................... 159 8 Rule 8.866. Preparation of reporter’s transcript ..................................................... 159 9 Rule 8.919. Preparation of reporter’s transcript ..................................................... 160 10 Rule 8.1007. Transmitting record to Court of Appeal ........................................... 160 11 Rule 10.742.

Use of attorneys as court-appointed temporary judges .................... 161 12 Rule 10.1028. Preservation and destruction of Court of Appeal records ............... 161 13 14

Rule 1.20. Effective Date of Filing 1 2 (

a) Effective date of filing 3 4 Unless otherwise provided, a document is deemed filed on the date it is received by 5 the court clerk. 6 7 (

b) Protection of privacy 8 9

(1) Scope 10 11 The requirements of this subdivision that parties or their attorneys must not 12 include, or must redact, certain identifiers from documents or records filed 13 with the court do not apply to documents or records that by court order or 14 operation of law are filed in their entirety either confidentially or under seal. 15 16

(2) Exclusion or redaction of identifiers 17 18 To protect personal privacy and other legitimate interests, parties and their 19 attorneys must not include, or must redact where inclusion is necessary, the 20 following identifiers from all pleadings and other papers filed in the court’s 21 public file, whether filed in paper or electronic form, unless otherwise 22 provided by law or ordered by the court: 23 24 (

A) Social security numbers. If an individual’s social security number is 25 required in a pleading or other paper filed in the public file, only the 26 last four digits of that number may be used. 27 28 (

B) Financial account numbers. If financial account numbers are required 29 in a pleading or other paper filed in the public file, only the last four 30 digits of these numbers may be used. 31 32

(3) Responsibility of the filer 33 34 The responsibility for excluding or redacting identifiers identified in (b)(2) 35 from all documents filed with the court rests solely with the parties and their 36 attorneys. The court clerk will not review each pleading or other paper for 37 compliance with this provision. 38 39

(4) Confidential reference list 40 41 If the court orders on a showing of good cause, a party filing a document 42 containing identifiers listed in (b)(2) may file, along with the redacted 43

document that will be placed in the public file, a reference list. The reference 1 list is confidential. A party filing a confidential reference list must use 2 Confidential Reference List of Identifiers (form MC-120) for that purpose. 3 The confidential list must identify each item of redacted information and 4 specify an appropriate reference that uniquely corresponds to each item of 5 redacted information listed. All references in the case to the redacted 6 identifiers included in the confidential reference list will be understood to 7 refer to the corresponding complete identifier.

A party may amend its 8 reference list as of right. 9 10 Rule 1.20 amended effective January 1, 2017; adopted effective January 1, 2007; previously 11 amended effective January 1, 2008. 12 13 Rule 1.201. Protection of privacy 14 15 (

a) Exclusion or redaction of identifiers 16 17 To protect personal privacy and other legitimate interests, parties and their 18 attorneys must not include, or must redact where inclusion is necessary, the 19 following identifiers from all pleadings and other papers filed in the court’s public 20 file, whether filed in paper or electronic form, unless otherwise provided by law or 21 ordered by the court: 22 23

(1) Social security numbers. If an individual’s social security number is required 24 in a pleading or other paper filed in the public file, only the last four digits of 25 that number may be used. 26 27

(2) Financial account numbers. If financial account numbers are required in a 28 pleading or other paper filed in the public file, only the last four digits of 29 these numbers may be used. 30 31 (

b) Responsibility of the filer 32 33 The responsibility for excluding or redacting identifiers identified in (

a) from all 34 documents filed with the court rests solely with the parties and their attorneys. The 35 court clerk will not review each pleading or other paper for compliance with this 36 provision. 37 38 (

c) Confidential reference list 39 40 If the court orders on a showing of good cause, a party filing a document 41 containing identifiers listed in (

a) may file, along with the redacted document that 42 will be placed in the public file, a reference list. The reference list is confidential. A 43

party filing a confidential reference list must use Confidential Reference List of 1 Identifiers (form MC-120) for that purpose. The confidential list must identify each 2 item of redacted information and specify an appropriate reference that uniquely 3 corresponds to each item of redacted information listed. All references in the case 4 to the redacted identifiers included in the confidential reference list will be 5 understood to refer to the corresponding complete identifier. A party may amend its 6 reference list as of right. 7 8 (

d) Scope 9 10 The requirements of this rule do not apply to documents or records that by court 11 order or operation of law are filed in their entirety either confidentially or under 12 seal. 13 14 Rule 1.201 adopted effective January 1, 2017. 15 16 Rule 2.100. Form and format of papers presented for filing in the trial courts 17 18 (a)–(b) * * * 19 20 (

c) Electronic format of papers 21 22 Papers that are submitted or filed electronically must meet the requirements in rule 23 2.256(b). 24 25 (Subd (

c) adopted effective January 1, 2017.) 26 27 Rule 2.100 amended effective January 1, 2017; adopted as rule 201 effective January 1, 1949; 28 previously amended effective April 1, 1962, May 1, 1962, July 1, 1964, January 1, 1966, July 1, 29 1969, July 1, 1971, January 1, 1973, July 1, 1974, January 1, 1976, January 1, 1978, May 6, 30 1978, January 1, 1984, April 1, 1990, July 1, 1990, January 1, 1992, July 1, 1992, January 1, 31 1993, July 1, 1993, January 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, July 1, 32 2000, January 1, 2001, January 1, 2003, and January 1, 2006; previously amended and 33 renumbered as rule 2.100 effective January 1, 2007. 34 35 Rule 2.103.

Size, quality, and color of papers 36 37 All papers filed must be 8½ by 11 inches. All papers not filed electronically must be on 38 opaque, unglazed paper, white or unbleached, of standard quality not less than 20-pound 39 weight. 40 41 Rule 2.103 amended effective January 1, 2017; adopted effective January 1, 2007; previously 42 amended effective January 1, 2016. 43

1 Rule 2.104. Printing; Font size; printing 2 3 Unless otherwise specified in these rules, all papers filed must be prepared using a font 4 size not smaller than 12 points. All papers not filed electronically must be printed or 5 typewritten or be prepared by a photocopying or other duplication process that will 6 produce clear and permanent copies equally as legible as printing in a font not smaller 7 than 12 points. 8 9 Rule 2.104 amended effective January 1, 2017; adopted effective January 1, 2007; previously 10 amended effective January 1, 2016. 11 12 Rule 2.105.

Font style 13 14 The font style must be essentially equivalent to Courier, Times New Roman, or Arial. 15 16 Rule 2.105 amended effective January 1, 2017; adopted effective January 1, 2007; previously 17 amended effective January 1, 2016. 18 19 Rule 2.109. Page numbering 20 21 Each page must be numbered consecutively at the bottom unless a rule provides 22 otherwise for a particular type of document. The page numbering must begin with the 23 first page and use only Arabic numerals (e.g., 1, 2, 3).

The page number may be 24 suppressed and need not appear on the first page. 25 26 Rule 2.105 amended effective January 1, 2017; adopted effective January 1, 2007. 27 28 Rule 2.110. Footer 29 30 (a)–(b) * * * 31 32 (

c) Type Font size 33 34 The title of the paper in the footer must be in at least 10-point type font. 35 36 Rule 2.110 amended effective January 1, 2017; adopted effective January 1, 2007. 37 38 Rule 2.111. Format of first page 39 40 The first page of each paper must be in the following form: 41 42

(1) In the space commencing 1 inch from the top of the page with line 1, to the left of 1 the center of the page, the name, office address or, if none, residence address or 2 mailing address (if different), telephone number, fax number and e-mail address (if 3 available), and State Bar membership number of the attorney for the party in whose 4 behalf the paper is presented, or of the party if he or she is appearing in person.

The 5 inclusion of a fax number or e-mail address on any document does not constitute 6 consent to service by fax or e-mail unless otherwise provided by law. 7 8 (2)–(11) * * * 9 10 Rule 2.111 amended effective January 1, 2017; adopted effective January 1, 2007; previously 11 amended effective January 1, 2008, and January 1, 2016. 12 13 Rule 2.114. Exhibits 14 15 Exhibits submitted with papers not filed electronically may be fastened to pages of the 16 specified size and, when prepared by a machine copying process, must be equal to 17 computer-processed materials in legibility and permanency of image.

Exhibits submitted 18 with papers filed electronically must meet the requirements in rule 2.256(b). 19 20 Rule 2.114 amended effective January 1, 2017; adopted effective January 1, 2007; previously 21 amended effective January 1, 2016. 22 23 Rule 2.118. Acceptance of papers for filing 24 25 (

a) Papers not in compliance 26 27 The clerk of the court must not accept for filing or file any papers that do not 28 comply with the rules in this chapter, except the clerk must not reject a paper for 29 filing solely on the ground that: 30 31

(1) It is handwritten or hand-printed; or 32 33

(2) The handwriting or hand printing on the paper is in a color other than 34 black or blue-black.; or 35 36

(3) The font size is not exactly the point size required by rules 2.104 and 37 2.110(

c) on papers submitted electronically in portable document 38 format (PDF). Minimal variation in font size may result from 39 converting a document created using word processing software to PDF. 40 41 (Subd (

a) amended effective January 1, 2017.) 42

(b)–(c) * * * 1 2 Rule 2.118 amended effective January 1, 2017; adopted effective January 1, 2007. 3 4 Rule 2.140. Judicial Council forms 5 6 Judicial Council forms are governed by the rules in this

chapter and

chapter 4 of title 1. 7 Electronic Judicial Council forms must meet the requirements in rule 2.256. 8 9 Rule 2.140 amended effective January 1, 2017; adopted effective January 1, 2007. 10 11 Rule 2.251. Electronic service 12 13 (a)–(h) * * * 14 15 (

i) Proof of service 16 17

(1) Proof of electronic service may be by any of the methods provided in Code of 18 Civil Procedure

section 1013a, except that with the following exceptions: 19 20 (

A) The proof of electronic service does not need to state that the person 21 making the service is not a party to the case. 22 23 (

B) The proof of electronic service must state: 24 25 (A)(

i) The electronic service address of the person making the service, 26 in addition to that person’s residence or business address; 27 28 (B)(ii) The date and time of the electronic service, instead of the date 29 and place of deposit in the mail; 30 31 (C)(iii) The name and electronic service address of the person served, 32 in place of that person’s name and address as shown on the 33 envelope; and 34 35 (D)(iv) That the document was served electronically, in place of the 36 statement that the envelope was sealed and deposited in the mail 37 with postage fully prepaid. 38 39 (2) * * * 40 41

(3) Under rule 3.1300(c), proof of electronic service of the moving papers must 42 be filed at least five court days before the hearing. 43

1 (4) * * * 2 3 (Subd (

i) amended effective January 1, 2017; adopted as subd (c); previously amended 4 effective January 1, 2007, January 1, 2009, July 1, 2009, and January 1, 2010; previously 5 amended and relettered as subd (

g) effective January 1, 2011; previously relettered as 6 subd (

f) effective January 1, 2008, and as subd (

i) effective July 1, 2013.) 7 8 (j) * * * 9 10 Rule 2.251 amended effective January 1, 2017; adopted as rule 2060 effective January 1, 2003; 11 previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251 12 effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1, 13 2009, January 1, 2010, July 1, 2013, and January 1, 2016. 14 15 Rule 2.256. Responsibilities of electronic filer 16 17 (a) * * * 18 19 (

b) Format of documents to be filed electronically 20 21 A document that is filed electronically with the court must be in a format specified 22 by the court unless it cannot be created in that format. The format adopted by a 23 court must meet the following requirements: 24 25 (1)–(2) * * * 26 27

(3) The document must be text searchable when technologically feasible without 28 impairment of the document’s image. 29 30 If a document is filed electronically under the rules in this

chapter and cannot be 31 formatted to be consistent with a formatting rule elsewhere in the California Rules 32 of Court, the rules in this

chapter prevail. 33 34 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 35 2006, January 1, 2008, and January 1, 2010.) 36 37 Rule 2.256 amended effective January 1, 2017; adopted as rule 2056 effective January 1, 2003; 38 previously amended and renumbered effective January 1, 2007; previously amended effective 39 January 1, 2006, January 1, 2008, January 1, 2010, January 1, 2011, and July 1, 2013. 40 41 Advisory Committee Comment 42 43

Subdivision (b)(3). The term “technologically feasible” does not require more than the 1 application of standard, commercially available optical character recognition (OCR) software. 2 3 Rule 2.306. Service of papers by fax transmission 4 5 (a)–(g) * * * 6 7 (

h) Proof of service by fax 8 9 Proof of service by fax may be made by any of the methods provided in Code of 10 Civil Procedure

section 1013(a), except that: 11 12

(1) The time, date, and sending fax machine telephone number must be used 13 instead of the date and place of deposit in the mail; 14 15 (2)–(5) * * * 16 17 (Subd (

h) amended effective January 1, 2017; adopted as subd (

e) effective March 1, 1992; 18 previously amended effective July 1, 1997, and May 1, 1998; previously amended and 19 relettered as subd (

g) effective January 1, 2007; previously relettered as subd (

h) effective 20 January 1, 2008.) 21 22 Rule 2.306 amended effective January 1, 2017; adopted as rule 2008 effective March 1, 1992; 23 previously amended and renumbered effective January 1, 2007; previously amended effective 24 July 1, 1997, May 1, 1998, January 1, 2008, and July 1, 2008. 25 26 Rule 2.551. Procedures for filing records under seal 27 28 (a) * * * 29 30 (

b) Motion or application to seal a record 31 32 (1)–(2) * * * 33 34

(3) Procedure for party not intending to file motion or application 35 36 (A) * * * 37 38 (

B) If the party that produced the documents and was served with the notice 39 under (A)(iii) fails to file a motion or an application to seal the records 40 within 10 days or to obtain a court order extending the time to file such 41 a motion or an application, the clerk must promptly remove transfer all 42 the documents in (A)(

i) from the envelope, container, or secure 43

electronic file where they are located and place them in to the public 1 file. If the party files a motion or an application to seal within 10 days 2 or such later time as the court has ordered, these documents are to 3 remain conditionally under seal until the court rules on the motion or 4 application and thereafter are to be filed as ordered by the court. 5 6 (4)–(5) * * * 7 8

(6) Return of lodged record 9 10 If the court denies the motion or application to seal, the clerk must return the 11 lodged record to the submitting party and must not place it in the case file 12 unless that party notifies the clerk in writing that the record is to be filed. 13 Unless otherwise ordered by the court, the submitting party must notify the 14 clerk within 10 days after the order denying the motion or application. the 15 moving party may notify the court that the lodged record is to be filed 16 unsealed.

This notification must be received within 10 days of the order 17 denying the motion or application to seal, unless otherwise ordered by the 18 court. On receipt of this notification, the clerk must unseal and file the record. 19 If the moving party does not notify the court within 10 days of the order, the 20 clerk must (1) return the lodged record to the moving party if it is in paper 21 form or (2) permanently delete the lodged record if it is in electronic form. 22 23 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 24 2004, January 1, 2007, and January 1, 2016.) 25 26 (c)–(d) * * * 27 28 (

e) Order 29 30

(1) If the court grants an order sealing a record and if the sealed record is in 31 paper format, the clerk must substitute on the envelope or container for the 32 label required by (d)(2) a label prominently stating “SEALED BY ORDER 33 OF THE COURT ON (DATE),” and must replace the cover sheet required by 34 (d)(3) with a filed-endorsed copy of the court’s order. If the sealed record is 35 in an electronic format, the clerk must file the court’s order, store maintain 36 the record ordered sealed in a secure manner, and clearly identify the record 37 as sealed by court order on a specified date. 38 39 (2)–(4) * * * 40 41 (Subd (

e) amended effective January 1, 2017; previously amended effective January 1, 42 2004, January 1, 2007, and January 1, 2016.) 43

1 (

f) Custody of sealed records 2 3 Sealed records must be securely filed and kept separate from the public file in the 4 case. If the sealed records are in electronic form, appropriate access controls must 5 be established to ensure that only authorized persons may access the sealed records. 6 7 (Subd (

f) amended effective January 1, 2017; previously amended effective January 1, 8 2004.) 9 10 (g)–(h) * * * 11 12 Rule 2.551 amended effective January 1, 2017; adopted as rule 243.2 effective January 1, 2001; 13 previously amended and renumbered as rule 2.551 effective January 1, 2007; previously 14 amended effective January 1, 2004, and January 1, 2016. 15 16 Rule 2.577. Procedures for filing confidential name change records under seal 17 18 (a) * * * 19 20 (

b) Application to file records in confidential name change proceedings under seal 21 22 An application by a confidential name change petitioner to file records under seal 23 must be filed at the time the petition for name change is submitted to the court. The 24 application must be made on the Application to File Documents Under Seal in 25 Name Change Proceeding Under Address Confidentiality Program (Safe at Home) 26 (form NC-410) and be accompanied by a Declaration in Support of Application to 27 File Documents Under Seal in Name Change Proceeding Under Address 28 Confidentiality Program (Safe at Home) (form NC-420), containing facts sufficient 29 to justify the sealing. 30 31 (Subd (

b) amended effective January 1, 2017.) 32 33 (c) * * * 34 35 (

d) Procedure for lodging of petition for name change 36 37 (1)–(3) * * * 38 39

(4) If the court denies the application to seal, the clerk must return the lodged 40 record to the petitioner and must not place it in the case file unless the 41 petitioner notifies the clerk in writing within 10 days after the order denying 42 the application that the unsealed petition and related papers are to be filed. 43

the moving party may notify the court that the lodged record is to be filed 1 unsealed. This notification must be received within 10 days of the order 2 denying the motion or application to seal, unless otherwise ordered by the 3 court. On receipt of this notification, the clerk must unseal and file the record. 4 If the moving party does not notify the court within 10 days of the order, the 5 clerk must (1) return the lodged record to the moving party if it is in paper 6 form or (2) permanently delete the lodged record if it is in electronic form. 7 8 (Subd (

d) amended effective January 1, 2017; previously amended effective January 1, 9 2016.) 10 11 (e) * * * 12 13 (

f) Order 14 15 (1)–(2) * * * 16 17

(3) For petitions transmitted in paper form, if the court grants an order sealing a 18 record, the clerk must strike out the notation required by (d)(2) on the 19 Confidential Cover Sheet that the matter is filed “CONDITIONALLY 20 UNDER SEAL,” add a notation to that sheet prominently stating “SEALED 21 BY ORDER OF THE COURT ON (DATE),” and file the documents under 22 seal. For petitions transmitted electronically, the clerk must file the court’s 23 order, store maintain the record ordered sealed in a secure manner, and 24 clearly identify the record as sealed by court order on a specified date. 25 26 (4)–(5) * * * 27 28 (Subd (

f) amended effective January 1, 2017; previously amended effective January 1, 29 2016.) 30 31 (

g) Custody of sealed records 32 33 Sealed records must be securely filed and kept separate from the public file in the 34 case. If the sealed records are in electronic form, appropriate access controls must 35 be established to ensure that only authorized persons may access the sealed records. 36 37 (Subd (

g) amended effective January 1, 2017.) 38 39 (h) * * * 40 41 Rule 2.577 amended effective January 1, 2017; adopted effective January 1, 2010; previously 42 amended effective January 1, 2016. 43

1 Rule 2.810. Temporary judges appointed by the trial courts 2 3 (a)–(c) * * * 4 5 (

d) Exception for extraordinary circumstances 6 7 A presiding judge may appoint an attorney who is qualified under rule 2.812(a), but 8 who has not satisfied the other requirements of that rule, only in case of 9 extraordinary circumstances. Any appointment under this subdivision based on 10 extraordinary circumstances must be made before the attorney serves as a 11 temporary judge, must be recorded for reporting purposes under rule 10.742(c)(3), 12 and must not last more than 10 court days in a three-year period. 13 14 (Subd (

d) amended effective January 1, 2017; previously amended effective January 1, 15 2007.) 16 17 Rule 2.810 amended effective January 1, 2017; adopted as rule 243.11 effective July 1, 2006; 18 previously amended and renumbered as rule 2.810 effective January 1, 2007; previously 19 amended effective January 1, 2009. 20 21 Rule 3.250. Limitations on the filing of papers 22 23 (a) * * * 24 25 (

b) Retaining originals of papers not filed 26 27

(1) Unless the paper served is a response, the party who serves a paper listed in 28 (

a) must retain the original with the original proof of service affixed. If 29 served electronically under rule 2.251, the proof of electronic service must 30 meet the requirements in rule 2.251(i). 31 32

(2) The original of a response must be served, and it must be retained by the 33 person upon whom it is served. 34 35

(3) An original must be retained under (1) or (2) in the paper or electronic form 36 in which it was created or received. 37 38

(4) All original papers must be retained until six months after final disposition of 39 the case, unless the court on motion of any party and for good cause shown 40 orders the original papers preserved for a longer period. 41 42

(Subd (

b) amended effective January 1, 2017; amended effective January 1, 2003, and 1 January 1, 2007.) 2 3 (c) * * * 4 5 Rule 3.250 amended effective January 1, 2017; adopted as rule 201.5 effective July 1, 1987; 6 previously amended effective January 1, 2001, and January 1, 2003; previously amended and 7 renumbered as rule 3.250 effective January 1, 2007. 8 9 Rule 3.751. Electronic service 10 11 Parties may consent to electronic service, or the court may require electronic service by 12 local rule or court order, under rule 2.251.

The court may provide in a case management 13 order that documents filed electronically in a central electronic depository available to all 14 parties are deemed served on all parties. 15 16 Rule 3.751 amended effective January 1, 2017; adopted as rule 1830 effective January 1, 2000; 17 renumbered as rule 3.751 effective January 1, 2007. 18 19 Rule 3.823. Rules of evidence at arbitration hearing 20 21 (a)–(c) * * * 22 23 (

d) Delivery of documents 24 25 For purposes of this rule, “delivery” of a document or notice may be accomplished 26 manually, by electronic means under Code of Civil Procedure

section 1010.6 and 27 rule 2.251, or by mail in the manner provided by Code of Civil Procedure

section 28 1013. If service is by electronic means, the times prescribed in this rule for delivery 29 of documents, notices, and demands are increased as provided by Code of Civil 30 Procedure

section 1010.6. by two days. If service is in the manner provided by mail 31 Code of Civil Procedure

section 1013, the times prescribed in this rule are 32 increased as provided by five days that section. 33 34 (Subd (

d) amended effective January 1, 2017; adopted effective January 1, 1988; 35 previously amended effective January 1, 2004, and January 1, 2016.) 36 37 Rule 3.823 amended effective January 1, 2017; adopted as rule 1613 effective July 1, 1976; 38 previously amended and renumbered as rule 3.823 effective January 1, 2007; previously 39 amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004, 40 January 1, 2008, and January 1, 2016. 41 42

Rule 3.1110. General format 1 2 (a)–(b) * * * 3 4 (

c) Pagination of documents 5 6 Documents bound together must be consecutively paginated. The page numbering 7 must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3). The 8 page number may be suppressed and need not appear on the first page. 9 10 (Subd (

c) amended effective January 1, 2017; adopted as part of subd (b); previously 11 amended and lettered as subd (

c) effective January 1, 2007. 12 13 (d)–(e) * * * 14 15 (

f) Format of exhibits 16 17

(1) An index of exhibits must be provided. The index must briefly describe the 18 exhibit and identify the exhibit number or letter and page number. 19 20

(2) Pages from a single deposition must be designated as a single exhibit. 21 22

(3) Each paper exhibit must be separated by a hard 8½ x 11 sheet with hard 23 paper or plastic tabs extending below the bottom of the page, bearing the 24 exhibit designation. An index to exhibits must be provided. Pages from a 25 single deposition and associated exhibits must be designated as a single 26 exhibit. 27 28

(4) Electronic exhibits must meet the requirements in rule 2.256(b). Unless they 29 are submitted by a self-represented party, electronic exhibits must include 30 electronic bookmarks with links to the first page of each exhibit and with 31 bookmark titles that identify the exhibit number or letter and briefly describe 32 the exhibit. 33 34 (Subd (

f) amended effective January 1, 2017; adopted as subd (

e) effective July 1, 1997; 35 previously amended and relettered as subd (

f) effective January 1, 2007.) 36 37 (g) * * * 38 39 Rule 3.1110 amended effective January 1, 2017; adopted as rule 311 effective January 1, 1984; 40 previously amended effective July 1, 1997; previously amended and renumbered as rule 3.1110 41 effective January 1, 2007; previously amended effective July 1, 1997, and January 1, 2016. 42 43

Advisory Committee Comment 1 2 Subdivision (f)(4). Under current technology, software programs that allow users to apply 3 electronic bookmarks to electronic documents are available for free. 4 5 Rule 3.1113. Memorandum 6 7 (a)–(c) * * * 8 9 (

d) Length of memorandum 10 11 Except in a

summary judgment or

summary adjudication motion, no opening or 12 responding memorandum may exceed 15 pages. In a

summary judgment or 13

summary adjudication motion, no opening or responding memorandum may exceed 14 20 pages. No reply or closing memorandum may exceed 10 pages. The page limit 15 does not include the caption page, the notice of motion and motion, exhibits, 16 declarations, attachments, the table of contents, the table of authorities, or the proof 17 of service. 18 19 (Subd (

d) amended effective January 1, 2017; adopted as part of a longer subd (d); 20 previously amended effective July 1, 1984, January 1, 1992, and January 1, 2004.) 21 22 (e)–(g) * * * 23 24 (

h) Pagination of memorandum 25 26 The pages of a memorandum must be numbered consecutively beginning with the 27 first page and using only Arabic numerals (e.g., 1, 2, 3). The page number may be 28 suppressed and need not appear on the first page. 29 30 Notwithstanding any other rule, a memorandum that includes a table of contents 31 and a table of authorities must be paginated as follows: 32 33

(1) The caption page or pages must not be numbered; 34 35

(2) The pages of the tables must be numbered consecutively using lower-36 case roman numerals starting on the first page of the tables; and 37 38

(3) The pages of the text must be numbered consecutively using Arabic 39 numerals starting on the first page of the text. 40 41

(Subd (

h) amended effective January 1, 2017; adopted as subd (

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

f) effective January 1, 2004, and as subd (h) 2 effective January 1, 2007.) 3 4 (

i) Copies of authorities 5 6

(1) A judge may require that if any authority other than California cases, statutes, 7 constitutional provisions, or state or local rules is cited, a copy of the 8 authority must be lodged with the papers that cite the authority. and If in 9 paper form, the authority must be tabbed or separated as required by rule 10 3.1110(f)(3). If in electronic form, the authority must be electronically 11 bookmarked as required by rule 3.1110(f)(4). 12 13

(2) If a California case is cited before the time it is published in the advance 14 sheets of the Official Reports, the party must include the title, case number, 15 date of decision, and, if from the Court of Appeal, district of the Court of 16 Appeal in which the case was decided. A judge may require that a copy of 17 that case must be lodged. and If in paper form, the copy must be tabbed or 18 separated as required by rule 3.1110(f)(3). If in electronic form, the copy 19 must be electronically bookmarked as required by rule 3.1110(f)(4). 20 21 (3) * * * 22 23 (Subd (

i) amended effective January 1, 2017; adopted as part of subd (

e) effective January 24 1, 1992; previously amended and relettered as subd (

h) effective January 1, 2004, and as 25 subd (

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

f) effective July 1, 26 2000, and as subd. (

i) effective January 1, 2008; previously amended effective July 1, 27 1997, July 1, 2011, and January 1, 2016.) 28 29 (j)–(m) * * * 30 31 Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; 32 previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously 33 amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, 34 January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. 35 36 Rule 3.1302. Place and manner of filing 37 38 (a) * * * 39 40

(

b) Requirements for lodged material 1 2 Material lodged physically with the clerk must be accompanied by an addressed 3 envelope with sufficient postage for mailing the material. Material lodged 4 electronically must clearly specify the electronic address to which the materials 5 may be returned a notice of deletion may be sent. After determination of the matter, 6 the clerk may mail or send the material if in paper form back to the party lodging it. 7 If the lodged material is in electronic form, the clerk may permanently delete it 8 after sending notice of the deletion to the party who lodged the material. 9 10 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 11 2007, and January 1, 2016.) 12 13 Rule 3.1302 amended effective January 1, 2017; adopted as rule 319 effective January 1, 1984; 14 previously amended and renumbered as rule 3.1302 effective January 1, 2007; previously 15 amended effective January 1, 2016. 16 17 Rule 3.1306. Evidence at hearing 18 19 (a)–(b) * * * 20 21 (

c) Judicial notice 22 23 A party requesting judicial notice of material under Evidence Code sections 452 or 24 453 must provide the court and each party with a copy of the material. If the 25 material is part of a file in the court in which the matter is being heard, the party 26 must: 27 28 (1) * * * 29 30

(2) Either make arrangements with the clerk to have the file in the courtroom at 31 the time of the hearing or confirm with the clerk that the file is electronically 32 accessible to the court. 33 34 (Subd (

c) amended effective January 1, 2017; adopted as subd (b); previously amended 35 and relettered effective January 1, 2003; previously amended effective January 1, 2007.) 36 37 Rule 3.1306 amended effective January 1, 2017; adopted as rule 323 effective January 1, 1984; 38 previously amended effective January 1, 2003; previously amended and renumbered as rule 39 3.1306 effective January 1, 2007. 40 41 Rule 3.1362. Motion to be relieved as counsel 42 43

(a)–(c) * * * 1 2 (

d) Service 3 4 The notice of motion and motion, the declaration, and the proposed order must be 5 served on the client and on all other parties who have appeared in the case. The 6 notice may be by personal service, electronic service, or mail. 7 8

(1) If the notice is served on the client by mail under Code of Civil Procedure 9

section 1013, it must be accompanied by a declaration stating facts showing 10 that either: 11 12 (1A) The service address is the current residence or business address of the 13 client; or 14 15 (2B) The service address is the last known residence or business address of 16 the client and the attorney has been unable to locate a more current 17 address after making reasonable efforts to do so within 30 days before 18 the filing of the motion to be relieved. 19 20

(2) If the notice is served on the client by electronic service under Code of Civil 21 Procedure

section 1010.6 and rule 2.251, it must be accompanied by a 22 declaration stating that the electronic service address is the client’s current 23 electronic service address. 24 25 As used in this rule, “current” means that the address was confirmed within 30 days 26 before the filing of the motion to be relieved. Merely demonstrating that the notice 27 was sent to the client’s last known address and was not returned or no electronic 28 delivery failure message was received is not, by itself, sufficient to demonstrate 29 that the address is current. If the service is by mail, Code of Civil Procedure

section 30 1011(

b) applies. 31 32 (Subd (

d) amended effective January 1, 2017; adopted as subd (c); previously relettered 33 and amended effective July 1, 2000; previously amended effective July 1, 1991, January 1, 34 1996, January 1, 2007, and January 1, 2009.) 35 36 (e) * * * 37 38 Rule 3.1362 amended effective January 1, 2017; adopted as rule 376 effective July 1, 1984; 39 previously amended and renumbered effective January 1, 2007; previously amended effective 40 July 1, 1991, January 1, 1996, July 1, 2000, and January 1, 2009. 41 42

Rule 4.403. Application 1 2 These rules apply only to criminal cases in which the defendant is convicted of one or 3 more offenses punishable as a felony by a determinate sentence imposed under Penal 4 Code

part 2, title 7,

chapter 4.5 (commencing with

section 1170). 5 6 Rule 4.403 amended effective January 1, 2017; adopted as rule 403 effective July 1, 1977; 7 previously amended and renumbered effective January 1, 2001; previously amended effective 8 July 1, 2003, and January 1, 2007. 9 10 Advisory Committee Comment 11 12 The sentencing rules do not apply to offenses carrying a life term or other indeterminate 13 sentences for which sentence is imposed under

section 1168(b). 14 15 The operative portions of

section 1170 deal exclusively with prison sentences; and the mandate to 16 the Judicial Council in

section 1170.3 is limited to criteria affecting the length of prison 17 sentences, sentences in county jail under

section 1170(h), and the grant or denial of probation. 18 Criteria dealing with jail sentences, fines, or jail time and fines as conditions of probation, would 19 substantially exceed the mandate of the legislation. 20 21 Rule 4.405.

Definitions 22 23 As used in this division, unless the context otherwise requires: 24 25 (1)–(3) * * * 26 27 (4) “Aggravation” or “circumstances in aggravation” means factors that the court may 28 consider in its broad discretion in imposing one of the three authorized prison terms 29 of imprisonment referred to in

section 1170(b). 30 31 (5) “Mitigation” or “circumstances in mitigation” means factors that the court may 32 consider in its broad discretion in imposing one of the three authorized prison terms 33 of imprisonment referred to in

section 1170(

b) or factors that may justify the court 34 in striking the additional punishment for an enhancement when the court has 35 discretion to do so. 36 37 (6)–(7) * * * 38 39 (8) “Imprisonment” means confinement in a state prison or county jail under

section 40 1170(h). 41 42 (9)–(10) * * * 43

1 2 (11) “Mandatory supervision” means the period of supervision defined in

section 3 1170(h)(5)(A), (B). 4 5 (12) “Postrelease community supervision” means the period of supervision governed by 6

section 3451 et seq. 7 8 (13) “Evidence-based practices” means supervision policies, procedures, programs, and 9 practices demonstrated by scientific research to reduce recidivism among 10 individuals under probation, parole, or postrelease supervision. 11 12 (14) “Community-based corrections program” means a program consisting of a system 13 of services for felony offenders under local supervision dedicated to the goals 14 stated in

section 1229(c)(1)–(5). 15 16 (15) “Local supervision” means the supervision of an adult felony offender on 17 probation, mandatory supervision, or postrelease community supervision. 18 19 (16) “County jail” means local county correctional facility. 20 21 Rule 4.405 amended effective January 1, 2017; adopted as rule 405 effective July 1, 1977; 22 previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, 23 January 1, 1991, July 1, 2003, January 1, 2007, and May 23, 2007. 24 25 Advisory Committee Comment 26 27 “Base term” is the term of imprisonment selected under

section 1170(

b) from the three possible 28 terms. (See

section 1170(a)(3); People v. Scott (1994) 9 Cal.4th 331, 349.) Following the United 29 States Supreme Court decision in Cunningham v. California (2007) 549 U.S. 270 __ [127 S.Ct. 30 856.], the Legislature amended the determinate sentencing law. (See Sen. Bill 40; Stats. 2007, ch. 31 3.) To comply with those changes, these rules were also amended. In light of those amendments, 32 for clarity, the phrase “base term” in (4) and (5) was replaced with “one of the three authorized 33 prison terms.” This language was subsequently changed to “three authorized terms of 34 imprisonment” to incorporate county jail sentences under

section 1170(

h) in light of more recent 35 legislative amendments to the determinate sentencing law. (See Assem. Bill 109; Stats. 2011, ch. 36 15.) It is an open question whether the

definitions in (4) and (5) apply to enhancements for which 37 the statute provides for three possible terms. The Legislature in SB 40 amended

section 1170(b) 38 but did not modify sections 1170.1(d), 12022.2(a), 12022.3(b), or any other

section providing for 39 an enhancement with three possible terms. The latter sections provide that “the court shall impose 40 the middle term unless there are circumstances in aggravation or mitigation.” (See, e.g.,

section 41 1170.1(d).) It is possible, although there are no cases addressing the point, that this enhancement 42

triad with the presumptive imposition of the middle term runs afoul of Cunningham. Because of 1 this open question, rule 4.428(

b) was deleted. 2 3 “Enhancement.” The facts giving rise to an enhancement, the requirements for pleading and 4 proving those facts, and the court’s authority to strike the additional term are prescribed by 5 statutes. See, for example, sections 667.5 (prior prison terms), 12022 (being armed with a firearm 6 or using a deadly weapon), 12022.5 (using a firearm), 12022.6 (excessive taking or damage), 7 12022.7 (great bodily injury), 1170.1(e) (pleading and proof), and 1385(c) (authority to strike the 8 additional punishment). Note: A consecutive sentence is not an enhancement. (See

section 9 1170.1(a); People v. Tassell (1984) 36 Cal.3d 77, 90 [overruled on other grounds in People v. 10 Ewoldt (1994) 7 Cal.4th 380, 401].) 11 12 “Sentence choice.”

Section 1170(

c) requires the judge to state reasons for the sentence choice. 13 This general requirement is discussed in rule 4.406. 14 15 “Imprisonment” in state prison or county jail under

section 1170(

h) is distinguished from 16 confinement in other types of facilities. 17 18 “Charged” and “found.” Statutes require that the facts giving rise to all enhancements be charged 19 and found. See

section 1170.1(e). 20 21 Item (13), see sections 17.5(a)(9) and 3450(b)(9). 22 23 Item (15), see

section 1229(e). 24 25 Rule 4.406. Reasons 26 27 (a) * * * 28 29 (

b) When reasons required 30 31 Sentence choices that generally require a statement of a reason include: 32 33

(1) Granting probation; 34 35

(2) Imposing a prison sentence or sentence in county jail under

section 1170(h) 36 and thereby denying probation; 37 38 (3)–(8) * * * 39 40

(9) Not committing an eligible defendant to the California Rehabilitation Center; 41 and 42 43

(10) Striking an enhancement or prior conviction allegation under

section 1 1385(a).; and 2 3

(11) Denying mandatory supervision in the interests of justice under

section 4 1170(h)(5)(A). 5 6 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 7 2001, July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007.) 8 9 Rule 4.406 amended effective January 1, 2017; adopted as rule 406 effective January 1, 1991; 10 previously amended and renumbered effective January 1, 2001; previously amended effective 11 July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007. 12 13 Rule 4.409.

Consideration of criteria 14 15 * * * 16 17 Advisory Committee Comment 18 19 Relevant criteria are those applicable to the facts in the record of the case; not all criteria will be 20 relevant to each case. The judge’s duty is similar to the duty to consider the probation officer’s 21 report.

Section 1203. 22 23 In deeming the sentencing judge to have considered relevant criteria, the rule applies the 24 presumption of Evidence Code

section 664 that official duty has been regularly performed. (See 25 People v. Moran (1970) 1 Cal.3d 755, 762 ([trial court presumed to have considered referring 26 eligible defendant to California Youth Authority in absence of any showing to the contrary, citing 27 Evidence Code

section 664)].) 28 29 Rule 4.410. General objectives in sentencing 30 31 (

a) General objectives of sentencing include: 32 33 (1)–(5) * * * 34 35

(6) Securing restitution for the victims of crime; and 36 37

(7) Achieving uniformity in sentencing.; and 38 39

(8) Increasing public safety by reducing recidivism through community-based 40 corrections programs and evidence-based practices. 41 42

(Subd (

a) amended effective January 1, 2017; previously amended effective July 1, 2003, 1 ad January 1, 2007.) 2 3 (b) * * * 4 5 Rule 4.410 amended effective January 1, 2017; adopted as rule 410 effective July 1, 1977; 6 previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, ND 7 January 1, 2007. 8 9 Advisory Committee Comment 10 11 Statutory expressions of policy include: 12 13 Welfare and Institutions Code

section 1820 et seq., which provides partnership funding for 14 county juvenile ranches, camps, or forestry camps. 15 16

Section 1203(b)(3), which requires that eligible defendants be considered for probation and 17 authorizes probation if circumstances in mitigation are found or justice would be served. 18 19

Section 1170(a)(1), which expresses the policies of uniformity, proportionality of prison terms of 20 imprisonment to the seriousness of the offense, and the use of imprisonment as punishment. 21 22 Sections 17.5, 1228, and 3450, which express the policies promoting reinvestment of criminal 23 justice resources to support community-based corrections programs and evidence-based practices 24 to improve public safety through a reduction in recidivism. 25 26 Other statutory provisions that prohibit the grant of probation in particular cases. 27 28 Rule 4.411.5. Probation officer’s presentence investigation report 29 30 (

a) Contents 31 32 A probation officer’s presentence investigation report in a felony case must include 33 at least the following: 34 35 (1)–(5) * * * 36 37

(6) Any relevant facts concerning the defendant’s social history, including those 38 categories enumerated in

section 1203.10, organized under appropriate 39 subheadings, including, whenever applicable, “Family,” “Education,” 40 “Employment and income,” “Military,” “Medical/psychological,” “Record of 41 substance abuse or lack thereof,” and any other relevant subheadings. This 42 includes facts relevant to whether the defendant may be suffering from sexual 43

trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, 1 or mental health problems as a result of his or her U.S. military service. 2 3 (7)–(12) * * * 4 5 (Subd (

a) amended effective January 1, 2017; previously amended effective January 1, 6 1991, July 1, 2003, January 1, 2007, and January 1, 2015.) 7 8 (b)–(c) * * * 9 10 Rule 4.411.5 amended effective January 1, 2017; adopted as rule 419 effective July 1, 1981; 11 previously amended and renumbered as rule 411.5 effective January 1, 1991; previously 12 renumbered effective January 1, 2001; previously amended effective July 1, 2003 January 1, 13 2007, and January 1, 2015. 14 15 Rule 4.412. Reasons—agreement to punishment as an adequate reason and as 16 abandonment of certain claims 17 18 (a) * * * 19 20 (

b) Agreement to sentence abandons

section 654 claim 21 22 By agreeing to a specified term in prison or county jail under

section 1170(

h) term 23 personally and by counsel, a defendant who is sentenced to that term or a shorter 24 one abandons any claim that a component of the sentence violates

section 654’s 25 prohibition of double punishment, unless that claim is asserted at the time the 26 agreement is recited on the record. 27 28 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 29 2007.) 30 31 Rule 4.412 amended effective January 1, 2017; adopted as rule 412 effective January 1, 1991; 32 previously amended and renumbered effective January 1, 2001; previously amended effective 33 January 1, 2007. 34 35 Rule 4.414. Criteria affecting probation 36 37 Criteria affecting the decision to grant or deny probation include facts relating to the 38 crime and facts relating to the defendant. 39 40 (a) * * * 41 42

(

b) Facts relating to the defendant 1 2 Facts relating to the defendant include: 3 4 (1) * * * 5 6

(2) Prior performance and present status on probation, mandatory supervision, 7 postrelease community supervision, or parole and present probation or parole 8 status; 9 10 (3)–(8) * * * 11 12 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 13 1991, July 1, 2003, and January 1, 2007.) 14 15 Rule 4.414 amended effective January 1, 2017; adopted as rule 414 effective July 1, 1977; 16 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 17 July 1, 2003, and January 1, 2007. 18 19 Advisory Committee Comment 20 21 The sentencing judge’s discretion to grant probation is unaffected by the Uniform Determinate 22 Sentencing Act (section § 1170(a)(3)). 23 24 The decision whether to grant probation is normally based on an overall evaluation of the 25 likelihood that the defendant will live successfully in the general community.

Each criterion 26 points to evidence that the likelihood of success is great or small. A single criterion will rarely be 27 determinative; in most cases, the sentencing judge will have to balance favorable and unfavorable 28 facts. 29 30 Under criteria (b)(3) and (b)(4), it is appropriate to consider the defendant’s expressions of 31 willingness to comply and his or her apparent sincerity, and whether the defendant’s home and 32 work environment and primary associates will be supportive of the defendant’s efforts to comply 33 with the terms of probation, among other factors. 34 35 Rule 4.415.

Criteria affecting the imposition of mandatory supervision 36 37 (

a) Presumption 38 39 Except where the defendant is statutorily ineligible for suspension of any part of the 40 sentence, when imposing a term of imprisonment in county jail under

section 41 1170(h), the court must suspend execution of a concluding portion of the term to be 42 served as a period of mandatory supervision unless the court finds, in the interests 43

of justice, that mandatory supervision is not appropriate in a particular case. 1 Because

section 1170(h)(5)(

A) establishes a statutory presumption in favor of the 2 imposition of a period of mandatory supervision in all applicable cases, denials of a 3 period of mandatory supervision should be limited. 4 5 (Subd (

a) amended effective January 1, 2017.) 6 7 (b)–(d) * * * 8 9 Rule 4.415 amended effective January 1, 2017; adopted effective January 1, 2015. 10 11 Advisory Committee Comment 12 13 Penal Code

section 1170.3 requires the Judicial Council to adopt rules of court that prescribe 14 criteria for the consideration of the court at the time of sentencing regarding the court’s decision 15 to “[d]eny a period of mandatory supervision in the interests of justice under paragraph (5) of 16 subdivision (

h) of

Section 1170 or determine the appropriate period of and conditions of 17 mandatory supervision.” 18 19 Subdivision (a). Penal Code

section 1170(h)(5)(A): “Unless the court finds, in the interests of 20 justice, that it is not appropriate in a particular case, the court, when imposing a sentence pursuant 21 to paragraph (1) or (2) of this subdivision, shall suspend execution of a concluding portion of the 22 term for a period selected at the court’s discretion.” Under People v. Borynack (2015) 238 23 Cal.App.4th 958, review denied, courts may not impose mandatory supervision when the 24 defendant is statutorily ineligible for a suspension of part of the sentence. 25 26 Subdivisions (b)(3), (b)(4), and (c)(3). * * * 27 28 Subdivision (c)(7). * * * 29 30 Rule 4.420. Selection of term of imprisonment 31 32 (a) * * * 33 34 (

b) In exercising his or her discretion in selecting one of the three authorized prison 35 terms of imprisonment referred to in

section 1170(b), the sentencing judge may 36 consider circumstances in aggravation or mitigation, and any other factor 37 reasonably related to the sentencing decision. The relevant circumstances may be 38 obtained from the case record, the probation officer’s report, other reports and 39 statements properly received, statements in aggravation or mitigation, and any 40 evidence introduced at the sentencing hearing. 41 42

(Subd (

b) amended effective January 1, 2017; previously amended effective July 28, 1977, 1 January 1, 1991, January 1, 2007, May 23, 2007, and January 1, 2008.) 2 3 (c)-(d) * * * 4 5 (

e) The reasons for selecting one of the three authorized prison terms of imprisonment 6 referred to in

section 1170(

b) must be stated orally on the record. 7 8 (Subd (

e) amended effective January 1, 2017; previously amended and relettered effective 9 January 1, 1991; previously amended effective July 28, 1977, January 1, 2007, and May 10 23, 2007.) 11 12 Rule 4.420 amended effective January 1, 2017; adopted as rule 439 effective July 1, 1977; 13 previously amended and renumbered as rule 420 effective January 1, 1991; previously 14 renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1, 15 2007, May 23, 2007, and January 1, 2008. 16 17 Advisory Committee Comment 18 19 The determinate sentencing law authorizes the court to select any of the three possible prison 20 terms of imprisonment even though neither party has requested a particular term by formal 21 motion or informal argument.

Section 1170(

b) vests the court with discretion to impose any of the 22 three authorized prison terms of imprisonment and requires that the court state on the record the 23 reasons for imposing that term. 24 25 It is not clear whether the reasons stated by the judge for selecting a particular term qualify as 26 “facts” for the purposes of the rule prohibition on dual use of facts. Until the issue is clarified, 27 judges should avoid the use of reasons that may constitute an impermissible dual use of facts.

For 28 example, the court is not permitted to use a reason to impose a greater term if that reason also is 29 either (1) the same as an enhancement that will be imposed, or (2) an element of the crime. The 30 court should not use the same reason to impose a consecutive sentence as to impose an upper 31 term of imprisonment. (People v. Avalos (1984) 37 Cal.3d 216, 233.) It is not improper to use the 32 same reason to deny probation and to impose the upper term. (People v.

Bowen (1992) 11 33 Cal.App.4th 102, 106.) 34 35 The rule makes it clear that a fact charged and found as an enhancement may, in the alternative, 36 be used as a factor in aggravation. 37 38 People v. Riolo (1983) 33 Cal.3d 223, 227 (and note 5 on 227) held that

section 1170.1(

a) does 39 not require the judgment to state the base term (upper, middle, or lower) and enhancements, 40 computed independently, on counts that are subject to automatic reduction under the one-third 41 formula of

section 1170.1(a). 42 43

Even when sentencing is under

section 1170.1, however, it is essential to determine the base term 1 and specific enhancements for each count independently, in order to know which is the principal 2 term count. The principal term count must be determined before any calculation is made using the 3 one-third formula for subordinate terms. 4 5 In addition, the base term (upper, middle, or lower) for each count must be determined to arrive at 6 an informed decision whether to make terms consecutive or concurrent; and the base term for 7 each count must be stated in the judgment when sentences are concurrent or are fully consecutive 8 (i.e., not subject to the one-third rule of

section 1170.1(a)). 9 10 Rule 4.421. Circumstances in aggravation 11 12 Circumstances in aggravation include factors relating to the crime and factors relating to 13 the defendant. 14 15 (a) * * * 16 17 (

b) Factors relating to the defendant 18 19 Factors relating to the defendant include that: 20 21 (1)–(2) * * * 22 23 24

(3) The defendant has served a prior term in prison or county jail under

section 25 1170(

h) term; 26 27

(4) The defendant was on probation, mandatory supervision, postrelease 28 community supervision, or parole when the crime was committed; and 29 30

(5) The defendant’s prior performance on probation, mandatory supervision, 31 postrelease community supervision, or parole was unsatisfactory. 32 33 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 34 1991, January 1, 2007, and May 23, 2007.) 35 36 (c) * * * 37 38 Rule 4.421 amended effective January 1, 2017; adopted as rule 421 effective July 1, 1977; 39 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 40 January 1, 2007, and May 23, 2007. 41 42 Advisory Committee Comment 43

1 Circumstances in aggravation may justify imposition of the upper of three possible prison terms 2 of imprisonment. (Section 1170(b).) 3 4 The list of circumstances in aggravation includes some facts that, if charged and found, may be 5 used to enhance the sentence. The rule does not deal with the dual use of the facts; the statutory 6 prohibition against dual use is included, in part, in rule 4.420. 7 8 Conversely, such facts as infliction of bodily harm, being armed with or using a weapon, and a 9 taking or loss of great value may be circumstances in aggravation even if not meeting the 10 statutory

definitions for enhancements. 11 12 Facts concerning the defendant’s prior record and personal history may be considered. By 13 providing that the defendant’s prior record and simultaneous convictions of other offenses may 14 not be used both for enhancement and in aggravation,

section 1170(

b) indicates that these and 15 other facts extrinsic to the commission of the crime may be considered in aggravation in 16 appropriate cases. This resolves whatever ambiguity may arise from the phrase “circumstances in 17 aggravation . . . of the crime.” The phrase “circumstances in aggravation or mitigation of the 18 crime” necessarily alludes to extrinsic facts. 19 20 Refusal to consider the personal characteristics of the defendant in imposing sentence would also 21 raise serious constitutional questions.

The California Supreme Court has held that sentencing 22 decisions must take into account “the nature of the offense and/or the offender, with particular 23 regard to the degree of danger both present to society.” In re Rodriguez (1975) 14 Cal.3d 639, 24 654, quoting In re Lynch (1972) 8 Cal.3d 410, 425.

In In re Rodriguez the court released 25 petitioner from further incarceration because “[I]t appears that neither the circumstances of his 26 offense nor his personal characteristics establish a danger to society sufficient to justify such a 27 prolonged period of imprisonment.” (Id. at 655.) (Footnote omitted, emphasis added.) “For the 28 determination of sentences, justice generally requires . . . that there be taken into account the 29 circumstances of the offense together with the character and propensities of the offender.” 30 (Pennsylvania v. Ashe (1937) 302 U.S. 51, 55, quoted with approval in Gregg v.

Georgia (1976) 31 428 U.S. 153, 189.) 32 33 The scope of “circumstances in aggravation or mitigation” under

section 1170(

b) is, therefore, 34 coextensive with the scope of inquiry under the similar phrase in

section 1203. 35 36 The 1990 amendments to this rule and the comment included the deletion of most

section 37 numbers. These changes recognize changing statutory

section numbers and the fact that there are 38 numerous additional code sections related to the rule, including numerous statutory enhancements 39 enacted since the rule was originally adopted. 40 41 Former subdivision (a)(4), concerning multiple victims, was deleted to avoid confusion; cases in 42 which that possible circumstance in aggravation was relied on were frequently reversed on appeal 43

because there was only a single victim in a particular count. 1 2 Old age or youth of the victim may be circumstances in aggravation; see

section 1170.85(b). 3 Other statutory circumstances in aggravation are listed, for example, in sections 422.76, 1170.7, 4 1170.71, 1170.75, 1170.8, and 1170.85. 5 6 Rule 4.423. Circumstances in mitigation 7 8 Circumstances in mitigation include factors relating to the crime and factors relating to 9 the defendant. 10 11 (a) * * * 12 13 (

b) Factors relating to the defendant 14 15 Factors relating to the defendant include that: 16 17 (1)–(5) * * * 18 19

(6) The defendant’s prior performance on probation, mandatory supervision, 20 postrelease community supervision, or parole was satisfactory. 21 22 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 23 1991, January 1, 2007, and May 23, 2007.) 24 25 Rule 4.423 amended effective January 1, 2017; adopted as rule 423 effective July 1, 1977; 26 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 27 July 1, 1993, January 1, 2007, and May 23, 2007. 28 29 Rule 4.425. Criteria affecting concurrent or consecutive sentences 30 31 Criteria affecting the decision to impose consecutive rather than concurrent sentences 32 include: 33 34 (a) * * * 35 36 (

b) Other criteria and limitations 37 38 Any circumstances in aggravation or mitigation may be considered in deciding 39 whether to impose consecutive rather than concurrent sentences, except: 40 41 (1) * * * 42 43

(2) A fact used to otherwise enhance the defendant’s sentence in prison or county 2 jail under

section 1170(

h) sentence; and 3 4 (3) * * * 5 6 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 7 1991, and January 1, 2007.) 8 9 Rule 4.425 amended effective January 1, 2017; adopted as rule 425 effective July 1, 1977; 10 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 11 and January 1, 2007. 12 13 Rule 4.427. Hate crimes 14 15 (a) * * * 16 17 (

b) Felony sentencing under

section 422.7 18 19 If one of the three factors listed in

section 422.7 is pled and proved, a misdemeanor 20 conviction that constitutes a hate crime under

section 422.55 may be sentenced as a 21 felony. The punishment is imprisonment in state prison or county jail under

section 22 1170(

h) as provided by

section 422.7. 23 24 (Subd (

b) amended effective January 1, 2017.) 25 26 (c)–(e) * * * 27 28 Rule 4.427 amended effective January 1, 2017; adopted effective January 1, 2007. 29 30 Rule 4.431. Proceedings at sentencing to be reported 31 32 * * * 33 34 Advisory Committee Comment 35 36 Reporters’ transcripts of the sentencing proceedings are required on appeal (rule 8.420 8.320, 37 except in certain cases under subdivision (

d) of that rule), and when the defendant is sentenced to 38 prison (section 1203.01). 39 40 Rule 4.433. Matters to be considered at time set for sentencing 41 42

(

a) In every case, at the time set for sentencing under

section 1191, the sentencing 1 judge must hold a hearing at which the judge must: 2 3

(1) Hear and determine any matters raised by the defendant under

section 1201; 4 and 5 6

(2) Determine whether a defendant who is eligible for probation should be 7 granted or denied probation, unless consideration of probation is expressly 8 waived by the defendant personally and by counsel.; and 9 10

(3) Determine whether to deny a period of mandatory supervision in the interests 11 of justice under

section 1170(h)(5)(A). 12 13 (Subd (

a) amended effective January 1, 2017; previously amended effective January 1, 14 2007.) 15 16 (

b) If the imposition of a sentence is to be suspended during a period of probation after 17 a conviction by trial, the trial judge must identify and state circumstances that 18 would justify imposition of one of the three authorized prison terms of 19 imprisonment referred to in

section 1170(

b) if probation is later revoked. The 20 circumstances identified and stated by the judge must be based on evidence 21 admitted at the trial or other circumstances properly considered under rule 4.420(b). 22 23 (Subd (

b) amended effective January 1, 2017; previously amended effective July 28, 1977, 24 January 1, 2007, May 23, 2007, and January 1, 2008.) 25 26 (

c) If a sentence of imprisonment is to be imposed, or if the execution of a sentence of 27 imprisonment is to be suspended during a period of probation, the sentencing judge 28 must: 29 30

(1) Determine, under

section 1170(b), whether to impose one of the three 31 authorized prison terms of imprisonment referred to in

section 1170(

b) and 32 state on the record the reasons for imposing that term.; 33 34 (2)–(5) * * * 35 36 (Subd (

c) amended effective January 1, 2017; previously amended effective July 28, 1977, 37 July 1, 2003, January 1, 2007, and May 23, 2007.) 38 39

(d) * * * 1 2 (

e) When a sentence of imprisonment is imposed under (

c) or under rule 4.435, the 3 sentencing judge must inform the defendant,: 4 5

(1) Under

section 1170(c), of the parole period provided by

section 3000 to be 6 served after expiration of the sentence, in addition to any period of 7 incarceration for parole violation.; 8 9

(2) Of the period of postrelease community supervision provided by

section 3456 10 to be served after expiration of the sentence, in addition to any period of 11 incarceration for a violation of postrelease community supervision; or 12 13

(3) Of any period of mandatory supervision imposed under

section 14 1170(h)(5)(A), (B), in addition to any period of imprisonment for a violation 15 of mandatory supervision. 16 17 (Subd (

e) amended effective January 1, 2017; previously amended effective July 28, 1977, 18 January 1, 1979, July 1, 2003, and January 1, 2007.) 19 20 Rule 4.433 amended effective January 1, 2017; adopted as rule 433 effective July 1, 1977; 21 previously renumbered effective January 1, 2001; previously amended effective July 28, 1977, 22 January 1, 1979, July 1, 2003, January 1, 2007, May 23, 2007, and January 1, 2008. 23 24 Advisory Committee Comment 25 26 This rule summarizes the questions that the court is required to consider at the time of sentencing, 27 in their logical order. 28 29 Subdivision (a)(2) makes it clear that probation should be considered in every case, without the 30 necessity of any application, unless the defendant is statutorily ineligible for probation. 31 32 Under subdivision (b), when imposition of sentence is to be suspended, the sentencing judge is 33 not to make any determinations as to possible length of a prison term of imprisonment on 34 violation of probation (section 1170(b)).

If there was a trial, however, the judge must state on the 35 record the circumstances that would justify imposition of one of the three authorized prison terms 36 of imprisonment based on the trial evidence. 37 38 Subdivision (

d) makes it clear that all sentencing matters should be disposed of at a single hearing 39 unless strong reasons exist for a continuance. 40 41

Rule 4.435. Sentencing on revocation of probation 1 2 (a) * * * 3 4 (

b) On revocation and termination of probation under

section 1203.2, when the 5 sentencing judge determines that the defendant will be committed to prison or 6 county jail under

section 1170(h): 7 8 (1) * * * 9 10 11

(2) If the execution of sentence was previously suspended, the judge must order 12 that the judgment previously pronounced be in full force and effect and that 13 the defendant be committed to the custody of the Secretary of the Department 14 of Corrections and Rehabilitation or local county correctional administrator 15 or sheriff for the term prescribed in that judgment. 16 17 (Subd (

b) amended effective January 1, 2017; previously amended effective July 1, 2003, 18 January 1, 2006, and January 1, 2007.) 19 20 Rule 4.435 amended effective January 1, 2017; adopted as rule 435 effective July 1, 1977; 21 previously renumbered effective January 1, 2001; previously amended effective January 1, 1991, 22 July 1, 2003, January 1, 2006, and January 1, 2007. 23 24 Advisory Committee Comment 25 26 Subdivision (

a) makes it clear that there is no change in the court’s power, on finding cause to 27 revoke and terminate probation under

section 1203.2(a), to continue the defendant on probation. 28 29 The restriction of subdivision (b)(1) is based on In re Rodriguez (1975) 14 Cal.3d 639, 652: 30 “[T]he primary term must reflect the circumstances existing at the time of the offense.” 31 32 A judge imposing a prison sentence imprisonment on revocation of probation will have the power 33 granted by

section 1170(

d) to recall the commitment on his or her own motion within 120 days 34 after the date of commitment, and the power under

section 1203.2(

e) to set aside the revocation of 35 probation, for good cause, within 30 days after the court has notice that execution of the sentence 36 has commenced. 37 38 Consideration of conduct occurring after the granting of probation should be distinguished from 39 consideration of preprobation conduct that is discovered after the granting of an order of 40 probation and before sentencing following a revocation and termination of probation. If the 41 preprobation conduct affects or nullifies a determination made at the time probation was granted, 42

the preprobation conduct may properly be considered at sentencing following revocation and 1 termination of probation. (See People v. Griffith (1984) 153 Cal.App.3d 796, 801.) 2 3 Rule 4.452. Determinate sentence consecutive to prior determinate sentence 4 5 If a determinate sentence is imposed under

section 1170.1(

a) consecutive to one or more 6 determinate sentences imposed previously in the same court or in other courts, the court 7 in the current case must pronounce a single aggregate term, as defined in

section 8 1170.1(a), stating the result of combining the previous and current sentences. In those 9 situations: 10 11 (1)–(2) * * * 12 13

(3) Discretionary decisions of the judges in the previous cases may not be changed by 14 the judge in the current case. Such decisions include the decision to impose one of 15 the three authorized prison terms of imprisonment referred to in

section 1170(b), 16 making counts in prior cases concurrent with or consecutive to each other, or the 17 decision that circumstances in mitigation or in the furtherance of justice justified 18 striking the punishment for an enhancement. 19 20 Rule 4.452 amended effective January 1, 2017; adopted as rule 452 effective January 1, 1991; 21 previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, 22 January 1, 2007, and May 23, 2007. 23 24 Rule 4.472.

Determination of presentence custody time credit 25 26 At the time of sentencing, the court must cause to be recorded on the judgment or 27 commitment the total time in custody to be credited on the sentence under sections 28 2900.5, 2933.1(c), and 2933.2(c), and 4019. On referral of the defendant to the probation 29 officer for an investigation and report under

section 1203(

b) or 1203(g), or on setting a 30 date for sentencing in the absence of a referral, the court must direct the sheriff, probation 31 officer, or other appropriate person to report to the court and notify the defendant or 32 defense counsel and prosecuting attorney within a reasonable time before the date set for 33 sentencing as to the number of days that defendant has been in custody and for which he 34 or she may be entitled to credit.

Any challenges to the report must be heard at the time of 35 sentencing. 36 37 Rule 4.472 amended effective January 1, 2017; adopted as rule 252 effective January 1, 1977; 38 previously amended and renumbered as rule 472 effective January 1, 1991, and as rule 4.472 39 effective January 1, 2001; previously amended effective July 1, 2003, and January 1, 2007. 40 41 Rule 4.480. Judge’s statement under

section 1203.01 42 43

A sentencing judge’s statement of his or her views under

section 1203.01 respecting a 1 person sentenced to the Department of Corrections and Rehabilitation, Division of Adult 2 Operations is required only in the event that no probation report is filed. Even though it is 3 not required, however, a statement should be submitted by the judge in any case in which 4 he or she believes that the correctional handling and the determination of term and parole 5 should be influenced by information not contained in other court records. 6 7 The purpose of a

section 1203.01 statement is to provide assistance to the Department of 8 Corrections and Rehabilitation, Division of Adult Operations in its programming and 9 institutional assignment and to the Board of Parole Hearings with reference to term fixing 10 and parole release of persons sentenced indeterminately, and parole and postrelease 11 community supervision waiver of persons sentenced determinately.

It may amplify any 12 reasons for the sentence that may bear on a possible suggestion by the Secretary of the 13 Department of Corrections and Rehabilitation or the Board of Parole Hearings that the 14 sentence and commitment be recalled and the defendant be resentenced.

To be of 15 maximum assistance to these agencies, a judge’s statements should contain 16 individualized comments concerning the convicted offender, any special circumstances 17 that led to a prison sentence rather than local incarceration, and any other significant 18 information that might not readily be available in any of the accompanying official 19 records and reports. 20 21 If a

section 1203.01 statement is prepared, it should be submitted no later than two weeks 22 after sentencing so that it may be included in the official Department of Corrections and 23 Rehabilitation, Division of Adult Operations case

summary that is prepared during the 24 time the offender is being processed at the Reception-Guidance Center of the Department 25 of Corrections and Rehabilitation, Division of Adult Operations. 26 27 Rule 4.480 amended effective January 1, 2017; adopted as

section 12 of the Standards of Judicial 28 Administration effective January 1, 1973; previously amended and renumbered as rule 4.480 29 effective January 1, 2001; previously amended effective July 1, 1978, July 1, 2003, January 1, 30 2006, and January 1, 2007. 31 32 Rule 4.530. Intercounty transfer of probation and mandatory supervision cases 33 34 (a)–(f) * * * 35 36 (

g) Transfer 37 38 (1)–(2) * * * 39 40

(3) Transfer is effective the date the transferring court orders the transfer. Upon 41 transfer of the case, the receiving court must accept the entire jurisdiction 42 over the case. 43

1 (4) * * * 2 3

(5) Upon transfer of the case, tThe transferring court must transmit any records 4 of payments and the entire original court file, except exhibits, to the receiving 5 court within two weeks of the transfer order in all cases in which the 6 supervisee is the sole defendant, except the transferring court shall not 7 transfer (

A) exhibits or (

B) any records of payments. If transfer is ordered in 8 a case involving more than one defendant, the transferring court must 9 transmit certified copies of the entire original court file, except exhibits and 10 any records of payments, to the receiving court upon transfer of the case. 11 12

(6) Upon transfer tThe probation officer of the transferring county must transmit, 13 at a minimum, any court orders, probation or mandatory supervision reports, 14 and case plans, and all records of payments to the probation officer of the 15 receiving county within two weeks of the transfer order. 16 17 (7) * * * 18 19 (Subd (

g) amended effective January 1, 2017; previously amended effective November 1, 20 2012.) 21 22 (

h) Court-ordered debt 23 24

(1) In accordance with Penal Code

section 1203.9(

d) and (e): 25 26 (

A) If the transferring court has ordered the defendant to pay fines, fees, 27 forfeitures, penalties, assessments, or restitution, the transfer order must 28 require that those and any other amounts ordered by the transferring 29 court that are still unpaid at the time of transfer be paid by the 30 defendant to the collection program for the transferring court for proper 31 distribution and accounting once collected. 32 33 (

B) The receiving court and receiving county probation department may 34 impose additional local fees and costs as authorized. 35 36 (

C) Upon approval of a transferring court, a receiving court may elect to 37 collect all of the court-ordered payments from a defendant attributable 38 to the case under which the defendant is being supervised. 39 40

(2) Policies and procedures for implementation of the collection, accounting, and 41 disbursement of court-ordered debt under this rule must be consistent with 42 Judicial Council fiscal procedures available at www.courts.ca.gov. 43

1 (Subd (

h) adopted effective January 1, 2017.) 2 3 Rule 4.530 amended effective January 1, 2017; adopted effective July 1, 2010; previously 4 amended effective November 1, 2012, and February 20, 2014. 5 6 Advisory Committee Comment 7 8 Subdivision (g)(5) requires the transferring court to transmit the entire original court file, except 9 exhibits and any records of payments, to the court of the receiving county in all cases in which 10 the supervisee is the sole defendant.

Before transmitting the entire original court file, transferring 11 courts should consider retaining copies of the court file in the event of an appeal or a writ. In 12 cases involving more than one defendant, subdivision (g)(5) requires the transferring court to 13 transmit certified copies of the entire original court file to ensure that transferring courts are able 14 to properly adjudicate any pending or future codefendant proceedings.

Only documents related to 15 the transferring defendant must be transmitted to the receiving court. 16 17 Subdivision (g)(7) clarifies that any jail sentence imposed as a condition of probation or 18 mandatory supervision before transfer must be served in the transferring county unless otherwise 19 authorized by law. For example, Penal Code

section 1208.5 authorizes the boards of supervisors 20 of two or more counties with work furlough programs to enter into agreements to allow work -21 furlough-eligible persons sentenced to or imprisoned in one county jail to transfer to another 22 county jail. 23 24 Subdivision (

h) requires defendants still owing fines, fees, forfeitures, penalties, assessments, or 25 restitution to pay the transferring court’s collection program. In counties where the county 26 probation department collects this court-ordered debt, the term “collection program” is intended 27 to include the county probation department. 28 29 Rule 5.66. Proof of service 30 31 (

a) Requirements to file proof of service 32 33 Parties must file with the court a completed form to prove that the other party 34 received the petition or complaint or response to petition or complaint. 35 36 (Subd (

a) amended and lettered effective January 1, 2017; adopted as unlettered subd.) 37 38 (

b) Methods of proof of service 39 40

(1) The proof of service of summons may be on a form approved by the Judicial 41 Council or a document or pleading containing the same information required 42 in Proof of Service of Summons (form FL-115). 43

(2) The proof of service of response to petition or complaint may be on a form 2 approved by the Judicial Council or a document or pleading containing the 3 same information required in Proof of Service by Mail (form FL-335) or, 4 Proof of Personal Service (form FL-330), or Proof of Electronic Service 5 (form POS-050/EFS-050). 6 7 (Subd (

b) amended and lettered effective January 1, 2017; adopted as unlettered subd.) 8 9 Rule 5.66 amended effective January 1, 2017; adopted effective January 1, 2013. 10 11 Rule 5.504. Judicial Council forms 12 13 (a)–(b) * * * 14 15 (

c) Implementation of new and revised mandatory forms 16 17 To help implement mandatory Judicial Council juvenile forms: 18 19 (1) * * * 20 21

(2) Until January 1, 20179, a court may produce court orders in any form or 22 format as long as: 23 24 (A)–(D) * * * 25 26 (Subd (

c) amended effective January 1, 2017; adopted effective January 1, 2006; 27 previously amended effective January 1, 2007, and January 1, 2012.) 28 29 Rule 5.504 amended effective January 1, 2017; adopted as rule 1402 effective January 1, 1991; 30 previously amended and renumbered effective January 1, 2007; previously amended effective 31 July 1, 1991, January 1, 1992, July 1, 1992, January 1, 1993, January 1, 1994, January 1, 1998, 32 January 1, 2001, January 1, 2006, July 1, 2006, and January 1, 2012. 33 34 Rule 5.324. Telephone appearance in title IV-D hearings and conferences 35 36 (a)–(c) * * * 37 38 (

d) Exceptions 39 40 A telephone appearance is not permitted for any of the following except as 41 permitted by Family Code

section 5700.3164930: 42 43

(1)–(2) * * * 1 2 (Subd (

d) amended effective January 1, 2017; previously amended effective January 1, 3 2008.) 4 5 (e)–(k) * * * 6 7 Rule 5.324 amended effective January 1, 2017; adopted effective July 1, 2005; previously 8 amended effective January 1, 2007, January 1, 2008, July 1, 2008, July 1, 2011, and January 1, 9 2014. 10 11 Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention 12 Act cases 13 14 (a)–(b) * * * 15 16 (

c) Notice of Entry of Judgment 17 18 When an Agreement and Judgment of Parentage (form DV-180) is filed, the court 19 must mail serve a Notice of Entry of Judgment (form FL-190) on the parties. 20 21 (Subd (

c) amended effective January 1, 2017.) 22 23 Rule 5.380 amended effective January 1, 2017; adopted effective January 1, 2012. 24 25 Rule 5.390. Bifurcation of issues 26 27 (a)–(d) * * * 28 29 (

e) Notice by clerk 30 31 Within 10 days after the order deciding the bifurcated issue and any statement of 32 decision under rule 3.1591 have been filed, the clerk must mail serve copies to the 33 parties and file a certificate of mailing or a certificate of electronic service. 34 35 (Subd (

e) amended effective January 1, 2017.) 36 37 Rule 5.390 amended effective January 1, 2017; adopted effective January 1, 2013. 38 39 Rule 5.392. Interlocutory appeals 40 41 (a) * * * 42 43

(

b) Certificate of probable cause for appeal 1 2 (1) * * * 3 4

(2) If it was not in the order, within 10 days after the clerk mails serves the order 5 deciding the bifurcated issue, a party may notice a motion asking the court to 6 certify that there is probable cause for immediate appellate review of the 7 order. The motion must be heard within 30 days after the order deciding the 8 bifurcated issue is mailed served. 9 10

(3) The clerk must promptly mail serve notice of the decision on the motion to 11 the parties. If the motion is not determined within 40 days after mailing of 12 serving the order on the bifurcated issue, it is deemed granted on the grounds 13 stated in the motion. 14 15 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 16 2002, and January 1, 2003.) 17 18 (c) * * * 19 20 (

d) Motion to appeal 21 22

(1) If the certificate is granted, a party may, within 15 days after the mailing of 23 court serves the notice of the order granting it, serve and file in the Court of 24 Appeal a motion to appeal the decision on the bifurcated issue. On ex parte 25 application served and filed within 15 days, the Court of Appeal or the trial 26 court may extend the time for filing the motion to appeal by not more than an 27 additional 20 days. 28 29 (2)–(6) * * * 30 31 (Subd (

d) amended effective January 1, 2017; previously amended effective January 1, 32 2002, January 1, 2003, and January 1, 2007.) 33 34 (e) * * * 35 36 (

f) Proceedings if motion to appeal is granted 37 38 (1) * * * 39 40

(2) The partial record filed with the motion will be considered the record for the 41 appeal unless, within 10 days from the date notice of the grant of the motion 42

is mailed served, a party notifies the Court of Appeal of additional portions of 1 the record that are needed for the full consideration of the appeal. 2 3 (3)–(4) * * * 4 5 (Subd (

f) amended effective January 1, 2017; previously amended effective January 1, 6 2002, January 1, 2003, and January 1, 2007.) 7 8 (g)–(h) * * * 9 10 Rule 5.392 renumbered effective January 1, 2017; adopted as rule 1269.5 effective July 1, 1989; 11 previously amended and renumbered as rule 5.180 effective January 1, 2003; previously 12 amended effective January 1, 1994, January 1, 2002, January 1, 2007, and January 1, 2013. 13 14 Rule 5.534. General provisions—all proceedings 15 16 (

a) Control of proceedings (§§ 350, 680) 17 18 The court must control all proceedings with a view to quickly and effectively 19 ascertaining the jurisdictional facts and all information relevant to the present 20 condition and welfare of the child. 21 22 (

b) Conduct of proceedings (§§ 350, 680) 23 24 Unless there is a contested issue of fact or law, the proceedings must be conducted 25 in a nonadversarial atmosphere. 26 27 (

c) Testimony of child in chambers (§ 350) 28 29 In a hearing under

section 300 et seq., a child may testify in chambers and outside 30 the presence of the child’s parent or guardian if the parent or guardian is 31 represented by counsel who is present, subject to the right of the parent or guardian 32 to have the court reporter read back the child’s testimony, and if the court 33 determines, based on the petitioner’s report or other offers of proof or other 34 evidence, that any of the following circumstances exist: 35 36

(1) Testimony in chambers is necessary to ensure truthful testimony; 37 38

(2) The child is likely to be intimidated by a formal courtroom setting; or 39 40

(3) The child is afraid to testify in front of the parent or guardian. 41 42

(

d) Burden of proof (§§ 350, 701.1) 1 2 Meeting the burden of proof: 3 4

(1) In any hearing under

section 300 in which the county welfare agency has the 5 burden of proof, the court may consider whether the burden of proof has been 6 met only after completion of the agency’s case and the presentation of any 7 material evidence offered by the child. The court may then, on motion of any 8 party or on the court’s own motion, order whatever action the law requires if 9 the court, based on all the evidence then before it, finds that the burden of 10 proof has not been met. 11 12

(2) In any hearing under

section 601 or 602, after the completion of the 13 petitioner’s case, the court may, on the motion of any party or on the court’s 14 own motion, order whatever action the law requires if the court, based on all 15 the evidence then before it, finds that the burden of proof has not been met. 16 17 (e)(a) * * * 18 19 (Subd (

a) relettered effective January 1, 2017; adopted as subd (e); previously amended 20 effective January 1, 2007, and January 1, 2014.) 21 22 (f)(b) * * * 23 24 (Subd (

b) relettered effective January 1, 2017; adopted as subd (f); previously amended 25 effective January 1, 2007, January 1, 2011, and January 1, 2014.) 26 27 (g)(c) * * * 28 29 (Subd (

c) relettered effective January 1, 2017; adopted as subd (g); previously amended 30 effective July 1, 2002, January 1, 2007, and January 1, 2014.) 31 32 (h)(d) * * * 33 34 (Subd (

d) relettered effective January 1, 2017; adopted as subd (h); previously amended 35 effective July 1, 2002, January 1, 2007, and January 1, 2014.) 36 37 (i)(e) * * * 38 39 (Subd (

e) relettered effective January 1, 2017; adopted as subd (

i) effective January 1, 40 1997; previously amended effective July 1, 2002, and January 1, 2007.) 41 42

(j)(f) * * * 1 2 (Subd (

f) relettered effective January 1, 2017; adopted as subd (

j) effective January 1, 3 2008; previously amended effective January 1, 2014.) 4 5 (k)(

g) Advisement of hearing rights (§§ 301, 311, 341, 630, 702.5, 827) 6 7

(1) The court must advise the child, parent, and guardian in

section 300 cases, 8 and the child in

section 601 or

section 602 cases, of the following rights: 9 10 (

A) Any The right to assert the privilege against self-incrimination; 11 12 (B)–(D) * * * 13 14 (2)–(3) * * * 15 16 (Subd (

g) amended and relettered effective January 1, 2017; adopted as subd (i); 17 previously amended effective July 1, 2002, and January 1, 2007; previously relettered as 18 subd (

j) effective January 1, 1997, and as subd (

k) effective January 1, 2008. 19 20 (l)(h) * * * 21 22 (Subd (

h) relettered effective January 1, 2017; adopted as subd (j); previously amended 23 effective July 1, 2002, and January 1, 2007; previously relettered as subd (

k) effective 24 January 1, 1997, and as subd (

l) effective January 1, 2008.) 25 26 (m)(i) * * * 27 28 (Subd (

i) relettered effective January 1, 2017; adopted as subd (

k) effective January 1, 29 1994; previously relettered as subd (

l) effective January 1, 1997; previously relettered as 30 subd (

m) effective January 1, 2008; previously amended effective July 1, 2002, January 1, 31 2007, and July 1, 2016.) 32 33 (n)(j) * * * 34 35 (Subd (

j) relettered effective January 1, 2017; adopted as subd (

m) effective October 1, 36 2007; previously relettered as subd (

n) effective January 1, 2008; previously amended 37 effective January 1, 2016.) 38 39 (

o) Periodic reports (§ 365) 40 41 The court may require the petitioner or any other agency to submit reports 42 concerning a child or youth subject to the jurisdiction of the court. 43

1 (

p) Presence of child (§ 349) 2 3

(1) A child who is the subject of a juvenile court hearing is entitled to be present 4 at the hearing. If the child is present at the hearing, the court must allow the 5 child, if the child so desires, to address the court and participate in the 6 hearing. 7 8

(2) If the child is 10 years of age or older and he or she is not present at the 9 hearing, the court must determine whether the child was properly notified of 10 his or her right to attend the hearing and ask why the child is not present at 11 the hearing and whether the child was given an opportunity to attend.

If the 12 court finds that the child was not properly notified or that the child wished to 13 be present and was not given an opportunity to be present, the court must 14 continue the hearing to allow the child to attend unless the court finds that it 15 is in the best interest of the child not to continue the hearing. Any such 16 continuance must be only for that period of time necessary to provide notice 17 and secure the presence of the child.

The court may issue any and all orders 18 reasonably necessary to ensure that the child has an opportunity to attend. 19 20 Rule 5.534 amended effective January 1, 2017; adopted as rule 1412 effective January 1, 1991; 21 previously amended and renumbered as rule 5.534 effective January 1, 2007; previously 22 amended effective January 1, 1994, July 1, 1995, January 1, 1997, January 1, 2000, July 1, 2002, 23 January 1, 2005, October 1, 2007, January 1, 2008, January 1, 2010, January 1, 2011, January 24 1, 2014, January 1, 2016, and July 1, 2016. 25 26 Advisory Committee Comment 27 28 Because the intent of subdivision (n)(

j) is to expand access to the courts for caregivers of children 29 in out-of-home care, the rule should be liberally construed. To promote caregiver participation 30 and input, judicial officers are encouraged to permit caregivers to orally address the court when 31 caregivers would like to share information about the child. In addition, court clerks should allow 32 filings by caregivers even if the caregiver has not strictly adhered to the requirements in the rule 33 regarding number of copies and filing deadlines. 34 35 Rule 5.555.

Hearing to consider termination of juvenile court jurisdiction over a 36 nonminor—dependents or wards of the juvenile court in a foster care 37 placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 38 607.2, 607.3, 16501.1(f)(g)(16)) 39 40 (a) * * * 41 42

(

b) Setting a hearing 1 2

(1) A court hearing must be placed on the appearance calendar and held 3 completed before prior to terminating juvenile court jurisdiction is 4 terminated. 5 6

(2) The hearing under this rule may be held during any regularly scheduled 7 review hearing or a hearing required on a petition filed under

section 366 (g), 8 366.3, 366.31, 727.2, or 727.3 or rule 5.903 388 or

section 778. 9 10

(3) Notice of the hearing must be given as required by

section 295. 11 12

(4) Notice of the hearing to the parents of a nonminor dependent as defined in 13

section 11400(

v) is not required, unless the parents are is receiving court-14 ordered family reunification services or the nonminor is living in the home of 15 the parent or former legal guardian. 16 17 (4)(5) * * * 18 19 (5)

(6) The hearing must be continued for no more than five court days for the 20 submission of additional information as ordered by the court if the court 21 determines that the report, the Transitional Independent Living Plan, the 22 Transitional Independent Living Case Plan, (TILCP) if required, or the 90-23 day Transition Plan submitted by the social worker or probation officer does 24 not provide the information required by (

c) and the court is unable to make 25 the findings and orders required by (d). 26 27 (Subd (

b) amended effective January 1, 2017; previously amended effective July 1, 2012, 28 and January 1, 2014.) 29 30 (

c) Reports 31 32

(1) In addition to complying with all other statutory and rule requirements 33 applicable to the report prepared by the social worker or probation officer for 34 any hearing during which termination of the court’s jurisdiction will be 35 considered, The report prepared by the social worker or probation officer for 36 a hearing under this rule must, in addition to any other elements required by 37 law, include: 38 39 (A)–(C) * * * 40 41 (

D) Whether the nonminor has applied for title XVI Supplemental Security 42 Income benefits and, if so, the status of any in-progress that application 43

pending for title XVI Supplemental Security Income benefits, and 1 whether remaining under juvenile court jurisdiction until a final 2 decision has been issued is in the nonminor’s best interests; 3 4 (

E) Whether the nonminor has applied for Special Immigrant Juvenile 5 status or other immigration relief and, if so, the status of any in-6 progress that application, pending for Special Immigrant Juvenile 7 Status or other applicable application for legal residency and whether 8 an active juvenile court case is required for that application; 9 10 (F)–(H) * * * 11 12 (

I) For a nonminor who is not present for the hearing: If the social worker 13 or probation officer has reason to believe that the nonminor will not 14 appear at the hearing, documentation of the basis for that belief, 15 including: 16 17 (

i) Documentation of the nonminor’s statement that he or she did 18 does not wish to appear in court person or by telephone for the 19 scheduled hearing; or 20 21 (ii) Documentation of the reasonable efforts made to locate find the 22 nonminor when his or her current location is unknown; 23 24 (J)–(K) * * * 25 26

(2) The social worker or probation officer must file with the report a completed 27 Termination of Juvenile Court Jurisdiction—Nonminor (form JV-365). 28 29

(3) The social worker or probation officer must also file with the report the 30 nonminor’s: 31 32 (A) * * * 33 34 (

B) Most recent Transitional Independent Living Plan (TILP); and 35 36 (C) * * * 37 38

(4) The social worker’s or probation officer’s report and all documents required 39 by (c)(2)–(3) must be filed with the court at least 10 calendar days before the 40 hearing, and the social worker or probation officer must provide copies of the 41 report and other documents to the nonminor, the nonminor’s parents, and all 42 attorneys of record. If the nonminor is under juvenile court jurisdiction as a 43

nonminor dependent, the social worker or probation officer is not required to 1 provide copies of the report and other documents to the nonminor 2 dependent’s parents, unless the nonminor dependent’s parents are is receiving 3 court-ordered family reunification services. 4 5 (Subd (

c) amended effective January 1, 2017; previously amended effective July 1, 2012, 6 and January 1, 2014.) 7 8 (

d) Findings and orders 9 10 In addition to complying with all other statutory and rule requirements applicable 11 to the hearing, The court must, in addition to any other determinations required by 12 law, make the following judicial findings and orders must be made and included 13 them in the written court documentation of the hearing: 14 15

(1) Findings 16 17 (A)–(D) * * * 18 19 (

E) Whether the nonminor has an in-progress application pending for title 20 XVI Supplemental Security Income benefits, and if such an application 21 is pending so, whether it is in the nonminor’s best interests to continue 22 juvenile court jurisdiction until a final decision has been issued to 23 ensure that the nonminor receives continued assistance with the 24 application process; 25 26 (

F) Whether the nonminor has an in-progress application pending for 27 Special Immigrant Juvenile status or other applicable application for 28 legal residency immigration relief, and whether an active juvenile court 29 case is required for that application; 30 31 (G)–(K) * * * 32 33 (

L) Whether the nonminor’s: 34 35 (i) * * * 36 37 (ii) Transitional Independent Living Plan identifies the nonminor’s 38 level of functioning, emancipation goals, and the specific skills 39 he or she needsed to prepare to live independently for 40 independence and successful adulthood upon leaving foster care; 41 and 42 43

(iii) * * * 1 2 (

M) For a nonminor who is not present does not appear in person or by 3 telephone for the hearing, whether the reason for his or her failure to 4 appear was: 5 6 (

i) The nonminor’s expressed a wish to not to appear in court for the 7 scheduled hearing; or 8 9 (ii) The nonminor’s current location remains unknown although and, 10 if so, whether reasonable efforts were made to locate find the 11 nonminor. 12 13 (N) * * * 14 15

(2) Orders 16 17 (A)–(B) * * * 18 19 (

C) For a nonminor who does not meet and does not intend to meet the 20 eligibility requirements for nonminor dependent status but who is 21 otherwise eligible to and will remain under juvenile court jurisdiction 22 in a foster care placement, the court must set an appropriate statutory 23 review hearing under

section 366.21, 366.22, 366.25, 366.3, 727.2, or 24 727.3 within six months of the date of the nonminor’s most recent 25 status review hearing. 26 27 (D) * * * 28 29 (

E) For a nonminor (1) who does not meet one or more of the eligibility 30 criteria of

section 11403(

b) and is not otherwise eligible to remain 31 under juvenile court jurisdiction, (2) who does or, alternatively, who 32 meets one or more of the eligibility criteria of

section 11403(

b) but 33 either does not wish to remain under the jurisdiction of the juvenile 34 court as a nonminor dependent, or (3) who does meet one or more of 35 the eligibility criteria of

section 11403(

b) but or is not participating in a 36 reasonable and appropriate Transitional Independent Living Case Plan, 37 the court may order the termination of juvenile court jurisdiction only 38 after entering the following findings and orders: 39 40 (i)–(ii) * * * 41 42

(iii) The nonminor was informed that if juvenile court jurisdiction is 1 terminated, he or she has the right to file a request to return to 2 foster care and to file a request to have the juvenile court resume 3 jurisdiction over him or her as a nonminor dependent until he or 4 she has attained the age of reached 21 years of age; 5 6 (iv)–(vi) * * * 7 8 (F) * * * 9 10 (Subd (

d) amended effective January 1, 2017; previously amended effective July 1, 2012, 11 July 1, 2013, January 1, 2014, and January 1, 2016.) 12 13 Rule 5.555 amended effective January 1, 2017; adopted effective January 1, 2012; previously 14 amended effective July 1, 2012, July 1, 2013, January 1, 2014, and January 1, 2016. 15 16 Rule 5.610. Transfer-out hearing 17 18 (a) * * * 19 20 (

b) Verification of residence 21 22 The residence of the person entitled to physical custody may be verified by that 23 person in court or by declaration of a social worker or probation officer in the 24 transferring or receiving county. 25 26 (Subd (

b) amended effective January 1, 2017; previously amended effective January 1, 27 2004, and January 1, 2007.) 28 29 (c)–(d) * * * 30 31 (

e) Conduct of hearing 32 33

(1) The request for transfer must be made on Motion for Transfer Out (form JV -34 548), which must include all required information. 35 36

(2) After the court determines the identity and residence of the child’s custodian, 37 the court must consider whether transfer of the case would be in the child’s 38 best interest. The court may not transfer the case unless it determines that the 39 transfer will protect or further the child’s best interest. 40 41

(Subd (

e) amended effective January 1, 2017; repealed and adopted effective January 1, 1 1990; previously amended effective January 1, 1993, January 1, 2004, and January 1, 2 2007.) 3 4 (

f) Date of transfer-in hearing 5 6

(1) If the transfer-out motion is granted, the sending court must set a date certain 7 for the transfer-in hearing in the receiving court: within 5 court days of the 8 transfer-out order if the child is in custody, and within 10 court days of the 9 transfer-out order if the child is out of custody. The sending court must state 10 on the record the date, time, and location of the hearing in the receiving court. 11 12

(2) The website for every court must include up-to-date contact information for 13 the court clerks handling dependency and delinquency matters, as well as up-14 to-date information on when and where transfer-in hearings are held. 15 16 (Subd (

f) adopted effective January 1, 2017.) 17 18 (f)(

g) Order of transfer (§§ 377, 752) 19 20 The order of transfer must be entered on Juvenile Court Transfer-Out Orders (form 21 JV-550), which must include all required information and findings. 22 23 (Subd (

g) amended and relettered effective January 1, 2017; repealed and adopted as subd 24 (

f) effective January 1, 1990; previously amended effective January 1, 1993, January 1, 25 2004, and January 1, 2007.) 26 27 (g)(h) * * * 28 29 (Subd (

h) relettered January 1, 2017; adopted as subd (

g) effective January 1, 2007; 30 previously amended January 1, 2015.) 31 32 (h)(

i) Transport of child and transmittal of documents (§§ 377, 752) 33 34

(1) If the child is ordered transported in custody to the receiving county, the child 35 must be delivered to the receiving county within 7 court days at least two 36 business days before the transfer-in hearing, and the clerk of the court of the 37 transferring county must prepare a certified copy of the complete case file so 38 that it may be transported with the child to the court of the receiving county. 39 40

(2) If the child is not ordered transported in custody, the clerk of the transferring 41 court must transmit to the clerk of the court of the receiving county within 10 42 five court days a certified copy of the complete case file. 43

(3) The file may be transferred electronically, if possible. A certified copy of the 2 complete case file is deemed an original. 3 4 (Subd (

i) amended and relettered effective January 1, 2017; repealed and adopted as subd 5 (g); previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, and 6 January 1, 2004; previously amended and relettered as subd (

h) effective January 1, 7 2007.) 8 9 (i)(j) * * * 10 11 (Subd (

j) relettered effective January 1, 2017; repealed and adopted as subd (h); 12 previously amended effective January 1, 1992, and January 1, 2004; previously amended 13 and relettered as subd (

i) effective January 1, 2007.) 14 15 Rule 5.610 amended effective January 1, 2017; adopted as rule 1425 effective January 1, 1990; 16 previously amended and renumbered effective January 1, 2007; previously amended effective 17 January 1, 1992, January 1, 1993, July 1, 1999, January 1, 2004, and January 1, 2015. 18 19 Advisory Committee Comment 20 21 * * * 22 23 Juvenile Court Transfer-Out Orders (form JV-550) was adopted for mandatory use commencing 24 January 1, 1992. Although the finding regarding the best interest of the child was noted on the 25 original form, the language has been emphasized on the amended form. 26 27 Rule 5.612. Transfer-in hearing 28 29 (

a) Procedure on transfer (§§ 378, 753) 30 31

(1) On receipt and filing of a certified copy of a transfer order, the receiving 32 court must accept jurisdiction of the case. The receiving court may not reject 33 the case. The clerk of the receiving court must immediately place the 34 transferred case on the court calendar for a transfer-in hearing confirm the 35 transfer-in hearing date scheduled by the sending court and ensure that date is 36 on the receiving court’s calendar. The receiving court must notify the 37 transferring court on receipt and filing of the certified copies of the transfer 38 order and complete case file. 39 40 (

A) Within two court days after the transfer-out order and documents are 41 received if the child has been transported in custody and remains 42 detained; or 43

1 (

B) Within 10 court days after the transfer-out order and documents are 2 received if the child is not detained in custody. 3 4

(2) No requests for additional time for the transfer-in hearing may be approved. 5 The clerk must immediately cause notice to be given to the child and the 6 parent or guardian, orally or in writing, of the time and place of the transfer-7 in hearing. The receiving court must notify the transfer

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 1.20
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	cac061e00a0189012b55af2ef9286c4da6fcc3f1

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