California Rules of Court — Rule 12.5 — Sealed records

Cal. R. Ct. 12.5

California Rules of Court

LIST OF AMENDMENTS TO THE CALIFORNIA RULES OF COURT AND STANDARDS OF JUDICIAL ADMINISTRATION Adopted by the Judicial Council of California on November 4, 2005, effective January 1, 2006 and January 1, 2007 Effective January 1, 2006 Rule 12.5. Sealed records............................................................................................................... 4 Rule 14. Contents and form of briefs............................................................................................. 4 Rule 20. Settlement, abandonment, voluntary dismissal, and compromise................................... 7 Rule 37.

Appeals in juvenile cases generally................................................................................. 8 Rule 38. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26...................................................................... 9 Rule 38.1 Writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 and rule 1436.5......................................................................... 10 Rule 38.2. Notice of intent to file writ petition under Welfare and Institutions Code

section 366.28 to review order designating specific placement of a dependent child after termination of parental rights..................................................................... 11 Rule 38.3. Writ petition under Welfare and Institutions Code

section 366.28 and rule 1436.5 to review order designating specific placement of a dependent child after termination of parental rights ...................................................................................... 13 Rule 44. Form, number, and cover of documents filed in the reviewing court ........................... 15 Rule 56. Original proceedings ..................................................................................................... 16 Rule 60.

Petition for writ of habeas corpus filed by petitioner not represented by an attorney................................................................................................................................ 18 Rule 60.5. Petition for writ of habeas corpus filed by an attorney for a party............................. 20 Rule 201. Form of papers presented for filing............................................................................. 22 Rule 201.1. Judicial Council forms.............................................................................................. 23 Rule 224.

Duty to notify court and others of stay........................................................................ 24 Rule 225. Duty to notify court and others of settlement of entire case ....................................... 25 Rule 870.2. Claiming attorney fees.............................................................................................. 26 Rule 980. Photographing, recording, and broadcasting in court.................................................. 27 Rule 989.3. Requests for accommodations by persons with disabilities ..................................... 31

Chapter 2. Transfer and Change of Venue................................................................................... 35 Rule 4.150. Transfer of criminal actions or proceedings Change of venue: application and general provisions................................................................................................ 35 Rule 4.151. Application and hearing Motion for change of venue.............................................. 36 Rule 4.152. Selection of court and trial judge ............................................................................. 37 Rule 4.153.

Order of transfer on change of venue....................................................................... 38 Rule 4.154. Proceedings in the receiving court receiving case.................................................... 39 Rule 4.160. Policies to be considered before ordering and transferring a criminal case on change of venue ................................................................................................. 39 Rule 4.161.

Change of venue case to be tried by judge from county in which the case originated— criminal cases............................................................................................................ 40 Rule 4.1624.155. Guidelines for reimbursement of costs in change of venue

2 cases—criminal cases ................................................................................................................... 40 Rule 4.200. Pre–voir dire conference in criminal cases............................................................... 44 Rule 4.201. Supplemental vVoir dire in criminal cases............................................................... 46 Rule 4.300. Commitments to nonpenal institutions..................................................................... 46 Rule 4.453.

Commitments to nonpenal institutions..................................................................... 46 Rule 5.120. Appearance............................................................................................................... 47 Rule 5.121. Motion to quash proceeding or responsive relief ..................................................... 47 Rule 5.154. Persons who may seek joinder ................................................................................. 48 Rule 5.350.

Procedures for hearings to set aside voluntary declarations of paternity when no previous action has been filed..................................................................... 48 Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding (Fam. Code, § 3105; Welf. & Inst. Code, § 362.4; Prob. Code, § 1602)...................................... 49 Rule 1402. Judicial Council forms............................................................................................... 50 Rule 1407.

Form of petition; notice of hearing............................................................................ 51 Rule 1408. Citation to appear; warrants of arrest; subpoenas ..................................................... 57 Rule 1413. Paternity Parentage.................................................................................................... 58 Rule 1430. General provisions..................................................................................................... 61 Rule 1431. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387) ............ 62 Rule 1433.

Hearing on violation of probation (§ 777)................................................................. 64 Rule 1434. Joinder ....................................................................................................................... 65 Rule 1436. Review by extraordinary writ—section 300 proceedings ......................................... 66 Rule 1436.5. Writ petition after orders setting hearing under

section 366.26; appeal ................ 66 Rule 1438. Attorneys for parties (§§ 317, 317.6, 16010.6) ......................................................... 70 Rule 1440. Service and notice ..................................................................................................... 73 Rule 1456. Orders of the court..................................................................................................... 74 Rule 1460. Six-month review hearing ......................................................................................... 74 Rule 1461.

Twelve-month review hearing................................................................................... 77 Rule 1462. Eighteen-month review hearing ................................................................................ 80 Rule 1463. Selection of permanent plan (§ 366.26) .................................................................... 82 Rule 1465. Legal guardianship .................................................................................................... 87 Rule 1466. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 391) .......................... 88 Rule 1470.

Service and notice ..................................................................................................... 89 Rule 1475. Detention report; grounds; determinations; findings; orders; factors to consider for detention; restraining orders ..................................................................... 90 Rule 1493. Orders of the court..................................................................................................... 91 Rule 1494.5.

Youth Authority California Department of Corrections and Rehabilitation, Division of Juvenile Justice commitments........................................................... 91 Rule 1495. Deferred entry of judgment ....................................................................................... 92 Rule 1496.3. Termination of parental rights for child in foster care for 15 of the last 22 months ......................................................................................................................... 93 Rule 1496.

Reviews and permanency planning hearings ............................................................ 94 Rule 1496.5. Freeing wards for adoption..................................................................................... 95 Rule 1621. Attendance sheet and agreement to disclosure.......................................................... 95 Rule 1622. Complaint procedure required................................................................................... 96 Rule 1622.1. Designation of person to receive inquiries and complaints.................................... 96

3 Rule 1622.2. Confidentiality of complaint procedures, information, and records ...................... 97 Rule 1622.3. Disqualification from subsequently serving as an adjudicator ............................... 98 Rule 2050.

Definitions................................................................................................................. 99 Rule 2056. Responsibilities of electronic filer........................................................................... 101 Rule 6.603. Authority and Duties of Presiding Judge ............................................................... 101 Rule 6.608. Duties of all judges................................................................................................. 102 Rule 6.655.

Complaints against subordinate judicial officers ................................................... 102 Rule 7.1008. Visitation by former guardian after termination of guardianship ......................... 103 Rule 7.1010. Qualifications and continuing education requirements for private professional guardians .................................................................................................... 104 Rule 7.1060.

Qualifications and continuing education requirements for private professional conservators................................................................................................ 114 California Standards of Judicial Administration

Sec. 8.5. Examination of prospective jurors in criminal cases .................................................. 124

Sec. 16. Procedures for handling complaints against court commissioners and referees ................................................................................................................................. 132

Sec. 32. Implementation and coordination of mediation and other alternative dispute resolution (ADR) programs............................................................................................ 133

Sec. 32.1. ADR committees....................................................................................................... 134

Sec. 33. Criteria for referring cases to dispute resolution providers neutrals............................ 134 Effective January 1, 2007 Rule 1580.1. Court-related ADR neutrals.................................................................................. 135

4 Effective January 1, 2006 Rule 12.5. Sealed records (

a) Application This rule applies to sealed records and records proposed to be sealed on appeal and in original proceedings under rule 56, but does not apply to records required to be kept confidential by law. (Subd (

a) amended effective January 1, 2006.) (b)–(g) *** Rule 12.5 amended effective January 1, 2006; repealed and adopted effective January 1, 2002; previously amended effective July 1, 2002, and January 1, 2004. Rule 14. Contents and form of briefs (

a) Contents

(1) Each brief must: (

A) Begin with a table of contents and a table of authorities separately listing cases, constitutions, statutes, court rules, and other authorities cited; (

B) State each point under a separate heading or subheading summarizing the point, and support each point by argument and, if possible, by citation of authority; and (

C) Support any reference to a matter in the record by a citation to the volume and page number of the record where the matter appears. If any part of the record is submitted in an electronic format, citations to that part must identify, with the same specificity required for the printed record, the place in the record where the matter appears.

(2) An appellant’s opening brief must: (

A) State the nature of the action, the relief sought in the trial court, and the judgment or order appealed from;

5 (

B) State that the judgment appealed from is final, or explain why the order appealed from is appealable; and (

C) Provide a

summary of the significant facts limited to matters in the record. (Subd (

a) amended effective January 1, 2006.) (

b) Form

(1) A brief may be reproduced by any process that produces a clear, black image of letter quality. The paper must be white or unbleached, recycled, 8½ by 11 inches, and of at least 20-pound weight.

(2) Any conventional typeface may be used. The typeface may be either proportionally spaced or monospaced.

(3) The type style must be roman; but for emphasis, italics or boldface may be used, or the text may be underscored. Case names must be italicized or underscored. Headings may be in uppercase letters.

(4) Except as provided in (11), the type size, including footnotes, must not be smaller than 13-point, and both sides of the paper may be used.

(5) The lines of text must be unnumbered and at least one-and-a-half-spaced. Headings and footnotes may be single-spaced. Quotations may be block - indented and single-spaced. Single-spaced means six lines to a vertical inch.

(6) The margins must be at least 1½ inches on the left and right and 1 inch on the top and bottom.

(7) The pages must be consecutively numbered. The tables and the body of the brief may have different numbering systems.

(8) The brief must be bound on the left margin. If the brief is stapled, the bound edge and staples must be covered with tape.

(9) The brief need not be signed.

(10) The cover, preferably of recycled stock, must be in the color prescribed by rule 44(

c) and must state:

6 (

A) The title of the brief; (

B) The title, trial court number, and Court of Appeal number of the case; (

C) The names of the trial court and each participating trial judge; (

D) The name, address, telephone number, and California State Bar number of each attorney filing or joining in the brief, but the cover need not state the bar number of any supervisor of the attorney responsible for the brief; and (

E) The name of the party that each attorney on the brief represents.

(11) If the brief is produced on a typewriter: (

A) A typewritten original and carbon copies may be filed only with the presiding justice’s permission, which will ordinarily be given only to unrepresented parties proceeding in forma pauperis. All other typewritten briefs must be filed as photocopies. (

B) Both sides of the paper may be used if a photocopy is filed; only one side may be used if a typewritten original and carbon copies are filed. (

C) The type size, including footnotes, must not be smaller than standard pica, 10 characters per inch. Unrepresented incarcerated litigants may use elite type, 12 characters per inch, if they lack access to a typewriter with larger characters. (Subd (

b) amended effective January 1, 2006; previously amended effective July 1, 2004, and January 1, 2004.) (c)–(d) *** (

e) Noncomplying briefs If a brief does not comply with this rule:

(1) The reviewing court clerk may decline to file it, but must mark it “received but not filed” and return it to the party; or

(2) If the brief is filed, the reviewing court may, on its own or a party’s motion, with or without notice: (

A) Order the brief returned for corrections and refiling within a specified time; (

B) Strike the brief with leave to file a new brief within a specified time; or (

C) Disregard the noncompliance. (Subd (

e) amended effective January 1, 2006.) Rule 14 amended effective January 1, 2006; repealed and adopted effective January 1, 2002; previously amended effective January 1, 2004, and July 1, 2004. Rule 20. Settlement, abandonment, voluntary dismissal, and compromise (

a) Notice of settlement

(1) If a civil case settles after a notice of appeal has been filed, either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the Court of Appeal. If the parties have designated a clerk’s or a reporter’s transcript and the record has not been filed in the Court of Appeal, the appellant must also immediately serve a copy of the notice on the superior court clerk.

(2) If the case settles after the appellant receives a notice setting oral argument or a prehearing conference, the appellant must also immediately notify the Court of Appeal of the settlement by telephone or other expeditious method.

(3) Within 45 days after filing a notice of settlement—unless the court has ordered a longer time period on a showing of good cause—the appellant who filed the notice of settlement must file either an abandonment under (b), if the record has not yet been filed in the Court of Appeal or a request to dismiss under (c), if the record has already been filed in the Court of Appeal.

(4) If the appellant does not file an abandonment, a request to dismiss, or a letter stating good cause why the appeal should not be dismissed within

8 the time period specified under (3), the court may dismiss the appeal as to that appellant and order each side to bear its own costs on appeal.

(5) This subdivision does not apply to settlements requiring findings to be made by the Court of Appeal under Code of Civil Procedure

section 128(a)(8). (Subd (

a) amended effective January 1, 2006.) (b)–(d) *** Rule 20 amended effective January 1, 2006; repealed and adopted effective January 1, 2003. Rule 37. Appeals in juvenile cases generally (a)–(d) *** (

e) Receipt by mail from custodial institution If the superior court clerk receives a notice of appeal by mail from a custodial institution after the period specified in (

d) has expired but the envelope shows that the notice was mailed or delivered to custodial officials for mailing within the period specified in (d), the notice is deemed timely. The clerk must retain in the case file the envelope in which the notice was received. (Subd (

e) adopted effective January 1, 2006.) (e)(

f) Premature or late notice of appeal (1)–(2) *** (Subd (

f) relettered effective January 1, 2006; adopted as subd (

e) effective January 1, 2005.) (f)(

g) Superior court clerk’s duties (1)–(7) *** (Subd (

g) relettered effective January 1, 2006; adopted as subd (

f) effective January 1, 2005.) Rule 37 amended effective January 1, 2006; adopted effective January 1, 2005.

9 Rule 38. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 (

a) Application Rules 38–38.1 and 1436.5 govern writ petitions to review order setting a hearing under Welfare and Institutions Code

section 366.26. Rule 56 does not apply to petitions governed by these rules. (Subd (

a) amended effective January 1, 2006.) (b)–(e) *** (

f) Sending the notice of intent

(1) When the notice of intent is filed, the superior court clerks must immediately mail a copy of the notice to: (

A) each counsel of record; (

B) each party, including the minor child, if the child is 10 years of age or older;, the mother; the father; the presumed and alleged parents; the present custodian of a dependent child’s present caregiver;, any legal guardian;, and any person who has been declared a de facto parent and given standing to participate in the juvenile court proceedings; (

C) the probation officer or social worker; and (

D) any Court Appointed Special Advocate;. (

E) the grandparents of the child, if their address is known and if the parents’ whereabouts are unknown; and (

F) the Indian custodian and tribe of the child or the Bureau of Indian Affairs if the identity or location of the parent or Indian custodian and the tribe cannot be determined. (2) *** (Subd (

f) amended effective January 1, 2006.)

10 (

g) Preparing the record When the notice of intent is filed, the superior court clerk must: (1) immediately notify the reporter by telephone and in writing to prepare a reporter’s transcript of the oral proceedings at the hearing that resulted in the order under review and deliver the transcript to the clerk within 12 calendar days after the notice of intent is filed; and (2) within 20 days after the notice of intent is filed, prepare a clerk’s transcript that includes the notice of intent, proof of service, and all items listed in rule 37.1(a). (Subd (

g) amended effective January 1, 2006.) (h)–(i) *** Rule 38 amended effective January 1, 2006; adopted effective January 1, 2005. Rule 38.1 Writ petition to review order setting hearing under Welfare and Institutions Code

section 366.26 and rule 1436.5 (a)–(c) *** (

d) Sending the writ Petitioner must send the writ to all parties entitled to receive notice under Welfare and Institutions Code

section 294, the child’s Court Appointed Special Advocate (CASA) volunteer, the child’s present caregiver, and any de facto parent given standing to participate in the juvenile court proceedings. (Subd (

d) adopted effective January 1, 2006.) (d)(

e) Order to show cause or alternative writ If the court intends to determine the petition on the merits, it must issue an order to show cause or alternative writ. (Subd (

e) relettered effective January 1, 2006; adopted as subd (

d) effective January 1, 2005.) (e)(

f) Augmenting or correcting the record in the reviewing court

11 (1)–(4) *** (Subd (

f) relettered effective January 1, 2006; adopted as subd (

e) effective January 1, 2005.) (f)(

g) Stay The reviewing court may stay the hearing set under Welfare and Institutions Code

section 366.26, but must require an exceptional showing of good cause. (Subd (

g) relettered effective January 1, 2006; adopted as subd (

f) effective January 1, 2005.) (g)(

h) Oral argument (1)–(2) *** (Subd (

h) relettered effective January 1, 2006; adopted as subd (

g) effective January 1, 2005.) (h)(

i) Decision (1)–(4) *** (Subd (

i) relettered effective January 1, 2006; adopted as subd (

h) effective January 1, 2005.) Rule 38.1 amended effective January 1, 2006; adopted effective January 1, 2005. Rule 38.2. Notice of intent to file writ petition under Welfare and Institutions Code

section 366.28 to review order designating specific placement of a dependent child after termination of parental rights (a)–(e) *** (

f) Premature or late notice of intent to file writ petition

(1) A notice of intent to file a writ petition under

section 366.28 is premature if filed before a date for a postdetermination placement order has been made. The reviewing court may treat the notice as filed immediately after the postdetermination order has been made.

(2) The superior court clerk must mark a late notice of intent to file a writ petition under 366.28 “Received [date] but not filed,” notify the party that the notice was not filed because it was late, and send a copy of the marked notice to the party’s counsel of record, if applicable.

12 (Subd (

f) adopted effective January 1, 2006.) (f)(

g) Sending the notice of intent

(1) When the notice of intent is filed, the superior court clerk must immediately mail a copy of the notice to: (

A) each counsel of record; (

B) each relevant party, including the child, if the child is 10 years of age or older,; the present custodian of the dependent child’s present caregiver, any legal guardian, and any person who has been declared a de facto parent and given standing to participate in the juvenile court proceedings; (

C) the probation officer or social worker; (

D) any the child’s Court Appointed Special Advocate volunteer;. and (

E) the tribe of an Indian child and the Indian custodian. (2) *** (Subd (

g) relettered effective January 1, 2006; adopted as subd (

f) effective January 1, 2005.) (g)(

h) Preparing the record When the notice of intent is filed, the superior court clerk must: (1) immediately notify the reporter by telephone and in writing to prepare a reporter’s transcript of the oral proceedings at the hearing that resulted in the order under review and deliver the transcript to the clerk within 12 calendar days after the notice of intent is filed; and (2) within 20 days after the notice of intent is filed, prepare a clerk’s transcript that includes the notice of intent, proof of service, and all items listed in rule 37.1(a). (Subd (

h) relettered and amended effective January 1, 2006; adopted as subd (

g) effective January 1, 2005.) (h)(

i) Sending the record

13 When the transcripts are certified as correct, the superior court clerk must immediately send: (1)–(2) *** (Subd (

i) relettered effective January 1, 2006; adopted as subd (

h) effective January 1, 2005.) (i)(

j) Reviewing court clerk’s duties (1)–(2) *** (Subd (

j) relettered effective January 1, 2006; adopted as subd (

i) effective January 1, 2005.) Rule 38.2 amended effective January 1, 2006; adopted January 1, 2005. Rule 38.3. Writ petition under Welfare and Institutions Code

section 366.28 and rule 1436.5 to review order designating specific placement of a dependent child after termination of parental rights (a)–(b) *** (

c) Time to file petition and response

(1) The petition must be served and filed within 10 days after the record is filed in the reviewing court. Petitioner must give notice to all parties entitled to receive notice under rule 38.2. (2) *** (Subd (

c) amended effective January 1, 2006.) (

d) Sending the writ Petitioner must send the writ to all parties entitled to receive notice under Welfare and Institutions Code

section 294, any Court Appointed Special Advocate (CASA) volunteer, the child’s present caregiver, the child’s prospective adoptive parents, and any de facto parent given standing to participate in the juvenile court proceedings. (Subd (

d) adopted effective January 1, 2006.) (d)(

e) Order to show cause or alternative writ

14 If the court intends to determine the petition on the merits, it must issue an order to show cause or alternative writ. (Subd (

e) relettered effective January 1, 2006; adopted as subd (

d) effective January 1, 2005.) (e)(

f) Augmenting or correcting the record in the reviewing court (1)–(4) *** (Subd (

f) relettered effective January 1, 2006; adopted as subd (

e) effective January 1, 2005.) (f)(

g) Stay The reviewing court may stay the hearing set under Welfare and Institutions Code

section 366.26, but must require an exceptional showing of good cause. (Subd (

g) relettered effective January 1, 2006; adopted as subd (

f) effective January 1, 2005.) (g)(

h) Oral argument (1)–(2) *** (Subd (

h) relettered effective January 1, 2006; adopted as subd (

g) effective January 1, 2005.) (h)(

i) Decision (1)–(4) *** (Subd (

i) relettered effective January 1, 2006; adopted as subd (

h) effective January 1, 2005.) (i)(

j) Right to appeal other orders This

section does not affect the right of a parent, a legal guardian, or the child to appeal any order that is otherwise appealable and that is issued at a hearing held under Welfare and Institutions Code

section 366.26. (Subd (

j) relettered effective January 1, 2006; adopted as subd (

i) effective January 1, 2005.) Rule 38.3 amended effective January 1, 2006; adopted effective January 1, 2005.

15 Rule 44. Form, number, and cover of documents filed in the reviewing court (a) *** (

b) Number of copies Except as these rules provide otherwise, the following number of copies must be filed of every brief, petition, motion, or other document, except the record, filed in a reviewing court:

(1) If filed in the Supreme Court: (

A) Except as provided in (D), an original and 13 copies of a petition for review, an answer, a reply, a brief on the merits, an amicus curiae brief, an answer to an amicus curiae brief, a petition for rehearing, or an answer to a petition for rehearing; (

B) Unless the court orders otherwise, an original and 10 copies of a petition for a writ within the court’s original jurisdiction, an opposition or other response to the petition, or a reply; (

C) Unless the court orders otherwise, an original and 2 copies of any supporting document accompanying a petition for writ of habeas corpus, an opposition or other response to the petition, or a reply; (

D) An original and 8 copies of a petition for review to exhaust state remedies under rule 33.3, an answer, or a reply, or an amicus curiae letter under rule 28(g); (

E) An original and 8 copies of a motion or an opposition or other response to a motion; and (

F) An original and 1 copy of an application, including an application to extend time, or any other document.

(2) If filed in a Court of Appeal: (

A) An original and 4 copies of a brief, an amicus curiae brief, or an answer to an amicus curiae brief, and, in civil appeals, proof of delivery of 4 copies to the Supreme Court;

16 (

B) An original of a petition for writ of habeas corpus filed under rule 60 by a person who is not represented by an attorney and 1 set of any supporting documents; (B)(

C) An original and 4 copies of any other petition, an answer, opposition or other response to a petition, or a reply; (C)(

D) An original and 3 copies of a motion or an opposition or other response to a motion; and (

E) Unless the court orders otherwise by local rule or in the specific case, 1 set of any separately bound supporting documents accompanying a document filed under (

C) or (D); (E)(

F) An original and 1 copy of an any application, including other than an application to extend time, or any other document.; and (

G) An original and 1 copy of an application to extend time. In addition, 1 copy for each separately represented or unrepresented party must be provided to the court.

(3) Unless the court orders otherwise by local rule or in the specific case, only one set of any separately bound supporting documents accompanying a document filed under (2)(

B) or (

C) need be filed. (Subd (

b) amended effective January 1, 2006.) (c)–(d) *** Rule 44 amended effective January 1, 2006; repealed and adopted effective January 1, 2005. Rule 56. Original proceedings (

a) Application (1) ***

(2) This rule does not apply to petitions for writs of habeas corpus, except as provided in rule 60 60.5, or to petitions for writs of review under rules 57–59. (Subd (

a) amended effective January 1, 2006.)

17 (

b) Petition (1)–(2) ***

(3) If the petition seeks review of trial court proceedings that are also the subject of a pending appeal, the notice “Related Appeal Pending” must appear on the cover of the petition and the first paragraph of the petition must state: (

A) The appeal’s title, trial court docket number, and any reviewing court docket number, and (

B) If the petition is filed under Penal Code

section 1238.5, the date the notice of appeal was filed. (4)–(7) *** (Subd (

b) amended effective January 1, 2006.) (

c) Contents of supporting documents

(1) A petition that seeks review of a trial court ruling must be accompanied by an adequate record, including copies of: (

A) The ruling from which the petition seeks relief; (

B) All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position; (

C) Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling under review; and (

D) A reporter’s transcript of the oral proceedings that resulted in the ruling under review.

(2) If a transcript under (1)(

D) is unavailable, the record must include a declaration by counsel: (

A) Explaining why the transcript is unavailable and fairly summarizing the proceedings, including counsel’s arguments and any statement by the court supporting its ruling; or

18 (

B) Stating that the transcript has been ordered, the date it was ordered, and the date it is expected to be filed, which must be a date prior to any action requested of the reviewing court other than issuance of a temporary stay supported by other parts of the record. (3)–(5) *** (Subd (

c) amended effective January 1, 2006.) (

d) Form of supporting documents (1)–(2) ***

(3) Rule 44(b)(3) 44(b)(1) governs the number of copies of supporting documents to be filed in the Supreme Court; rule 44(b)(2) governs the number of copies of supporting documents to be filed in the Court of Appeal. (Subd (

d) amended effective January 1, 2006.) (e)–(l) *** Rule 56 amended effective January 1, 2006; repealed and adopted effective January 1, 2005. Rule 60. Petition for writ of habeas corpus filed by petitioner not represented by an attorney (

a) Required Judicial Council form

(1) A person who is not represented by an attorney and who A petitions to a reviewing court for a writ of habeas corpus— or other writ within its original jurisdiction— that seeks seeking release from, or modification of the conditions of, custody of a person confined in a state or local penal institution, hospital, narcotics treatment facility, or other institution, must be filed file the petition on Judicial Council form MC-275, Petition for Writ of Habeas Corpus. For good cause the court may permit the filing of a petition that is not on form MC-275.

(2) A petition on form MC-275 filed under (1) need not comply with the provisions of rules 14, 44, or 56 that prescribe the form and content of a

19 petition and require the petition to be accompanied by points and authorities.

(3) In the Court of Appeal, the petitioner must file the original of the petition under (1) and 1 set of any supporting documents. In the Supreme Court, the petitioner must file an original and 10 copies of the petition and an original and 2 copies of any supporting document accompanying the petition unless the court orders otherwise. (Subd (

a) amended effective January 1, 2006.) (

b) Petition filed by attorney If the petition is filed by an attorney:

(1) The petition need not be filed on form MC-275 but must contain the information requested in that form and must comply with rule 14(a)–(b).

(2) Any memorandum of points and authorities accompanying the petition must comply with rule 14(a)–(b).

(3) The petition must be accompanied by a copy of any petition— excluding exhibits— pertaining to the same judgment and petitioner that was previously filed in any lower state court or any federal court. If such documents have previously been filed in the Supreme Court, the petition need only so state.

(4) Any supporting documents accompanying the petition must comply with rules 44(b)(1)(

C) and 56(d).

(5) The petition and any memorandum of points and authorities must support any reference to a matter in the supporting documents by a citation to its index tab and page.

(6) If the petition asserts a claim that was the subject of an evidentiary hearing, the petition must be accompanied by a certified transcript of that hearing.

(7) The clerk must file an attorney’s petition not complying with (1)–(6) if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five days.

20 (Subd (

b) repealed effective January 1, 2006.) (c)(b) *** (Subd (

b) relettered effective January 1, 2006; adopted as subd (

c) effective January 1, 2005.) (d)(c) *** (Subd (

c) relettered effective January 1, 2006; adopted as subd (

d) effective January 1, 2006.) (e) (

d) Petition unrelated to appellate district

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

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

B) The conditions of confinement or conduct of correctional officials outside the district. (2) *** (Subd (

d) amended and relettered effective January 1, 2006; adopted as subd (

e) effective January 1, 2005.) Rule 60 amended effective January 1, 2006; repealed and adopted effective January 1, 2005. Rule 60.5. Petition for writ of habeas corpus filed by an attorney for a party (

a) General application of rule 60 Except as provided in this rule, rule 60 applies to any petition for a writ of habeas corpus filed by an attorney. (

b) Special requirements for petition filed by attorney

(1) A petition for a writ of habeas corpus filed by an attorney need not be on form MC-275 but must contain the information requested in that form and must comply with rules 14(a)–(b), 44(c)–(d), and 56(b)(6).

(2) Any memorandum of points and authorities accompanying the petition must comply with rule 14(a)–(b).

(3) The petition must be accompanied by a copy of any petition—excluding exhibits—pertaining to the same judgment and petitioner that was previously filed in any lower state court or any federal court. If such documents have previously been filed in the Supreme Court, the petition need only so state.

(4) If the petition asserts a claim that was the subject of an evidentiary hearing, the petition must be accompanied by a certified transcript of that hearing.

(5) Any supporting documents accompanying the petition must comply with rule 56(d).

(6) The petition and any memorandum of points and authorities must support any reference to a matter in the supporting documents by a citation to its index tab and page.

(7) If the petition is filed in the Supreme Court, the attorney must file the number of copies of the petition and supporting documents required by rule 44(b)(1). If the petition is filed in the Court of Appeal, the attorney must file the number of copies of the petition and supporting documents required by rule 44(b)(2).

(8) The clerk must file an attorney’s petition not complying with (1)–(7) if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five days. Rule 60.5 adopted effective January 1, 2006.

22 Rule 201. Form of papers presented for filing (a)–(e) *** (f) [Format of first page] The first page of each paper must be in the following form:

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

The inclusion of a fax number or e-mail address on any document is optional, and its inclusion does not constitute consent to service by fax or e-mail unless otherwise provided by law. (2)–(11) *** (Subd (

f) amended effective January 1, 2006; previously amended effective July 1, 1993, January 1, 1994, and January 1, 2003.) (g)–(i) *** (j) [Acceptance for filing] The clerk of the court must not accept for filing or file any papers that do not comply with this rule, except:

(1) The clerk must not reject a paper for filing solely on the ground that it is handwritten or handprinted or that the handwriting or handprinting is in a color other than blue-black or black.;

(2) The clerk must not reject a paper for filing solely on the ground that it does not contain an attorney’s or a party’s fax number or e-mail address on the first page; and (2)

(3) For good cause shown, the court may permit the filing of papers that do not comply with this rule. (Subd (

j) amended effective January 1, 2006; previously relettered as subd (

h) effective January 1, 1966; previously amended and relettered as subd (

g) effective January 1, 1984; previously relettered as subd (

i) effective July 1, 1993; previously relettered as subd (j)

23 effective January 1, 1999; previously amended effective July 1, 1974; January 1, 1978, and January 1, 2003.) (k) *** Rule 201 amended effective January 1, 2006; adopted effective January 1, 1949; previously amended effective April 1, 1962, May 1, 1962, July 1, 1964, January 1, 1966, July 1, 1969, July 1, 1971, January 1, 1973, July 1, 1974, January 1, 1976, January 1, 1978, May 6, 1978, January 1, 1984, April 1, 1990, July 1, 1990, January 1, 1992, July 1, 1992, January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, July 1, 2000, January 1, 2001, and January 1, 2003. Rule 201.1. Judicial Council forms (

a) Judicial Council forms are either mandatory or optional. (b) [Mandatory forms]

(1) Forms adopted by the Judicial Council for mandatory use are forms prescribed under Government Code

section 68511. Wherever applicable, they must be used by all parties and must be accepted for filing by all the courts.

(2) Each mandatory Judicial Council form is identified as mandatory by an asterisk (*) on the list of Judicial Council forms in division III of the Appendix to the California Rules of Court. The list is available on the California Courts Web site at www.courtinfo.ca.gov/forms.

(3) Forms adopted by the Judicial Council for mandatory use bear the words “Form Adopted for Mandatory Use” or “Mandatory Form” in the lower left corner of the first page.

(4) Publishers and courts reprinting a mandatory Judicial Council form in effect before July 1, 1999, must add the words “Mandatory Form” to the bottom of the first page.

(5) The court may not alter a mandatory Judicial Council form and require the altered form’s use in place of the Judicial Council form.

(6) The court may not require that any mandatory Judicial Council form be submitted on any color paper other than white.

(7) An otherwise legally sufficient court order for which there is a mandatory Judicial Council form is not invalid or unenforceable because the order is not prepared on a Judicial Council form or the correct Judicial Council form. (Subd (

b) amended effective January 1, 2006; adopted as subd (

a) effective November 10, 1969; previously amended effective July 1, 1990; amended and relettered effective January 1, 2003.) (c)–(l) *** Rule 201.1 amended effective January 1, 2006; adopted as rule 982 effective November 10, 1969; previously amended effective November 23, 1969, July 1, 1970, November 23, 1970, January 1, 1971, January 1, 1972, March 4, 1972, July 1, 1972, March 7, 1973, January 1, 1975, July 1, 1975, July 1, 1976, January 1, 1977, July 1, 1977, January 1, 1978, October 1, 1978, January 1, 1979, July 1, 1980, January 1, 1981, July 1, 1983, July 1, 1988, January 1, 1997, July 1, 1999; amended and renumbered effective January 1, 2003.

Rule 224. Duty to notify court and others of stay (a)–(b) *** (c) [Contents of notice] The notice must state whether the case is stayed with regard to all parties or only certain parties. If it is stayed with regard to only to certain parties, the notice must specifically identify those parties. The notice must also state the reason that the case is stayed. (Subd (

c) amended effective Janaury 1, 2006.) (d) [Notice that stay is vacated terminated or modified] When a stay is vacated, or is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice that the stay is vacated or is no longer in effect of termination or modification of stay. If that party fails to do so, any other party in the action who has knowledge of the termination or modification of the stay must serve and file a notice of termination or modification of stay. Once one party in the action has served and filed a notice of termination or modification of stay, other parties in the action are not required to do so. (Subd (

d) amended effective January 1, 2006.) Rule 224 amended effective January 1, 2006; adopted effective January 1, 2004.

25 Rule 225. Duty to notify court and others of settlement of entire case (a) [Notice of settlement]

(1) If an entire case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court-connected alternative dispute resolution (ADR) neutral involved in the case. Each plaintiff or other party seeking affirmative relief must also immediately give oral notice to all of the above if a hearing, conference, or trial is scheduled to take place within 10 days.

(2) If the plaintiff or other party seeking affirmative relief does not notify an arbitrator or other court-connected ADR neutral involved in the case of a settlement at least 2 days before the scheduled hearing or session with that arbitrator or neutral, the court may order the party to compensate the arbitrator or other neutral for the scheduled hearing time. The amount of compensation ordered by the court must not exceed the maximum amount of compensation the arbitrator would be entitled to receive for service as an arbitrator under Code of Civil Procedure

section 1141.18(

b) or that the neutral would have been entitled to receive for service as a neutral at the scheduled hearing or session. (Subd (

a) amended effective January 1, 2006; previously amended effective January 1, 1989, July 1, 2001, July 1, 2002, and January 1, 2004.) (b) [Dismissal of case] Except as provided in (c), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case. If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed. (Subd (

b) amended effective January 1, 2006; adopted effective January 1, 1989; previously amended effective July 1, 2002, and January 1, 2004.) (c) [Conditional settlement] If the settlement agreement conditions dismissal on the satisfactory completion of specified terms that are not to be performed within 45 days of the settlement, the notice of conditional settlement served and filed by each plaintiff or other party seeking affirmative relief must specify the date by which the dismissal is to be filed. If the plaintiff or other party

26 required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed. (Subd (

c) amended effective January 1, 2006; adopted effective January 1, 1989; previously amended effective July 1, 2002, and January 1, 2004.) Rule 225 amended effective January 1, 2006; adopted effective January 1, 1985; previously amended effective January 1, 1989, January 1, 1992, July 1, 2001, July 1, 2002, and January 1, 2004. Rule 870.2. Claiming attorney fees (a) *** (b) [Attorney fees before trial court judgment]

(1) A notice of motion to claim attorney fees for services up to and including the rendition of judgment in the trial court—including attorney fees on an appeal before the rendition of judgment in the trial court—shall be served and filed within the time for filing a notice of appeal under rules 2 and 3.

(2) The parties may, by stipulation filed before the expiration of the time allowed under subdivision (b)(1), extend the time for filing a motion for attorney fees (

i) until 60 days after the expiration of the time for filing a notice of appeal; or (ii) if a notice of appeal is filed, until the time within which a memorandum of costs must be served and filed under rule 26(d) 27(d). (Subd (

b) amended effective January 1, 2006; previously amended effective January 1, 1999.) (c) [Attorney fees on appeal]

(1) A notice of motion to claim attorney fees on appeal—other than the attorney fees on appeal claimed under subdivision (b)—under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, shall be served and filed within the time for serving and filing the memorandum of costs under rule 26(d) 27(d).

(2) The parties may by stipulation filed before the expiration of the time allowed under subdivision (c)(1) extend the time for filing the motion up to an additional 60 days.

27 (Subd (

c) amended effective January 1, 2006; previously amended effective January 1, 1999.) (d)–(e) *** Rule 870.2 amended effective January 1, 2006; adopted effective January 1, 1994; previously amended effective January 1, 1999. Rule 980. Photographing, recording, and broadcasting in court (a) *** (b) [Definitions] For purposes of this rule, (1)–(4) *** (5) “Photographing” means recording a likeness, regardless of the method used, including by digital or photographic methods.

As used in this rule, photographing does not include drawings or sketchings of the court proceedings. (6) “Recording” means the use of any analog or digital device to aurally or visually preserve court proceedings. As used in this rule, recording does not include handwritten notes or the court record, whether by court reporter or by digital or analog preservation. (7) “Broadcasting” means a visual or aural transmission or signal, by any method, of the court proceedings, including any electronic transmission or transmission by sound wave. (Subd (

b) amended effective January 1, 2006; adopted as subd (

a) effective July 1, 1984; previously amended and relettered effective January 1, 1997.) (c) [Photographing, recording, and broadcasting prohibited] Except as provided in this rule, court proceedings shall may not be photographed, recorded, or broadcast. This rule does not prohibit courts from photographing or videotaping sessions for judicial education or publications and is not intended to apply to closed-circuit television broadcasts solely within the courthouse or between court facilities if the broadcasts are controlled by the court and court personnel. (Subd (

c) amended effective January 1, 2006; adopted effective January 1, 1997.)

28 (d) [Personal recording devices] The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device shall must obtain permission from the judge in advance. The recordings shall must not be used for any purpose other than as personal notes. (Subd (

d) amended effective January 1, 2006; adopted as subd (

c) effective July 1, 1984; previoulsy amended and relettered effective January 1, 1997.) (e) [Media coverage] Media coverage shall may be permitted only on written order of the judge as provided in this subdivision. The judge in his or her discretion may permit, refuse, limit, or terminate media coverage. This rule does not otherwise limit or restrict the right of the media to cover and report court proceedings. (1) (Request for order) The media may request an order on a form approved by the Judicial Council Media Request to Photograph, Record, or Broadcast (form MC-500).

The form shall must be filed at least five court days before the portion of the proceeding to be covered unless good cause is shown. A completed, proposed order on a form approved by the Judicial Council Order on Media Request to Permit Coverage (form MC - 510) shall must be filed with the request. The judge assigned to the proceeding shall must rule upon the request. If no judge has been assigned, the request shall will be submitted to the judge supervising the calendar department, and thereafter be ruled upon by the judge assigned to the proceeding.

The clerk shall must promptly notify the parties that a request has been filed. (2) *** (3) (Factors to be considered by the judge) In ruling on the request, the judge shall is to consider the following factors: (i)(

A) Importance of maintaining public trust and confidence in the judicial system; (ii)(

B) Importance of promoting public access to the judicial system; (iii)(

C) Parties’ support of or opposition to the request; (iv)(

D) Nature of the case;

29 (v)(

E) Privacy rights of all participants in the proceeding, including witnesses, jurors, and victims; (vi)(

F) Effect on any minor who is a party, prospective witness, victim, or other participant in the proceeding; (vii)(

G) Effect on the parties’ ability to select a fair and unbiased jury; (viii)(

H) Effect on any ongoing law enforcement activity in the case; (ix)(

I) Effect on any unresolved identification issues; (x)(

J) Effect on any subsequent proceedings in the case; (xi)(

K) Effect of coverage on the willingness of witnesses to cooperate, including the risk that coverage will engender threats to the health or safety of any witness; (xii)(

L) Effect on excluded witnesses who would have access to the televised testimony of prior witnesses; (xiii)(

M) Scope of the coverage and whether partial coverage might unfairly influence or distract the jury; (xiv)(

N) Difficulty of jury selection if a mistrial is declared; (xv)(

O) Security and dignity of the court; (xvi)(

P) Undue administrative or financial burden to the court or participants; (xvii)(

Q) Interference with neighboring courtrooms; (xviii)(

R) Maintaining orderly conduct of the proceeding; and (xix)(

S) Any other factor the judge deems relevant. (4) (Order permitting media coverage) The judge ruling on the request to permit media coverage is not required to make findings or a statement of decision. The order may incorporate any local rule or order of the presiding or supervising judge regulating media activity outside of the courtroom. The judge may condition the order permitting media coverage on the media agency’s agreement to pay any increased court-incurred

30 costs resulting from the permitted media coverage (for example, for additional court security or utility service). Each media agency shall be is responsible for ensuring that all its media personnel who cover the court proceeding know and follow the provisions of the court order and this rule. (5) (Modified order) The order permitting media coverage may be modified or terminated on the judge’s own motion or upon application to the judge without the necessity of a prior hearing or written findings.

Notice of the application and any modification or termination ordered pursuant to the application shall must be given to the parties and each media agency permitted by the previous order to cover the proceeding. (6) (Prohibited coverage) The judge shall may not permit media coverage of the following: (i)(

A) Proceedings held in chambers; (ii)(

B) Proceedings closed to the public; (iii)(

C) Jury selection; (iv)(

D) Jurors or spectators; and (v)(

E) Conferences between an attorney and a client, witness, or aide, between attorneys, or between counsel and the judge at the bench. (7) (Equipment and personnel) The judge may require media agencies to demonstrate that proposed personnel and equipment comply with this rule. The judge may specify the placement of media personnel and equipment to permit reasonable media coverage without disruption of the proceedings. Unless the judge in his or her discretion orders otherwise, the following rules shall apply: (i)(

A) One television camera and one still photographer shall will be permitted. (ii)(

B) The equipment used shall may not produce distracting sound or light. Signal lights or devices to show when equipment is operating shall may not be visible.

31 (iii)(

C) An order permitting or requiring modification of existing sound or lighting systems is deemed to require that the modifications be installed, maintained, and removed without public expense or disruption of proceedings. Microphones and wiring shall must be unobtrusively located in places approved by the judge and shall must be operated by one person. (iv)(

D) Operators shall may not move equipment or enter or leave the courtroom while the court is in session, or otherwise cause a distraction. (v)(

E) Equipment or clothing shall must not bear the insignia or marking of a media agency. (8) (Media pooling) If two or more media agencies of the same type request media coverage of a proceeding, they shall must file a statement of agreed arrangements. If they are unable to agree, the judge may deny media coverage by that type of media agency. (Subd (

e) amended effective January 1, 2006; adopted as subd (

b) effective July 1, 1984; previously amended and relettered effective January 1, 1997.) (f) *** Rule 980 amended effective January 1, 2006; adopted effective July 1, 1984; previously amended effective January 1, 1997. Rule 989.3. Requests for accommodations by persons with disabilities (a) [Policy] It shall be is the policy of the courts of this state to assure ensure that qualified individuals persons with disabilities have equal and full access to the judicial system.

To ensure access to the courts for persons with disabilities, each superior and appellate court must designate at least one person to be the ADA coordinator, also known as the access coordinator, or designee to address requests for accommodations. Nothing in this rule shall be construed This rule is not intended to impose limitations or to invalidate the remedies, rights, and procedures accorded to any qualified individuals persons with disabilities under state or federal law. (Subd (

a) amended effective January 1, 2006.)

32 (b) [Definitions] The following

definitions shall apply under this rule: (1) “Qualified individuals Persons with disabilities” means persons individuals covered by California Civil Code

section 51 et seq., the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.);, Civil Code

section 51 et seq.; and or other related applicable state and federal laws; and.

This definition includes individuals persons who have a physical or mental impairment that substantially limits one or more of the major life activities;, have a record of such an impairment;, or are regarded as having such an impairment. (2) “Applicant” means any lawyer, party, witness, juror, or any other individual person with an interest in attending any proceeding before any court of this state. (3) “Accommodations(s)” means actions that result in court services, programs, or activities being readily accessible to and usable by persons with disabilities.

Accommodations may include, but are not limited to, making reasonable modifications in policies, practices, and procedures; furnishing, at no charge, to the qualified individuals persons with disabilities, auxiliary aids and services, which are not limited to equipment, devices, materials in alternative formats, and qualified interpreters or readers; or certified interpreters for persons with hearing impairments; relocating services or programs to accessible facilities; or providing services at alternative sites.

Although not required where other actions are effective in providing access to court services, programs, or activities, alteration of existing facilities by the responsible entity may be an accommodation. and making each service, program, or activity, when viewed in its entirety, readily accessible to and usable by qualified individuals with disabilities requesting accommodations.

While not requiring that each existing facility be accessible, this standard, known as “program accessibility,” must be provided by methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate sites.

(4) The “Rule” means this rule regarding requests for accommodations in any state courts by qualified individuals persons with disabilities.

(5) Confidentiality applies to the identity of the applicant in all oral or written communications, including all files and documents submitted by an applicant as part of the application process.

33 (Subd (

b) amended effective January 1, 2006.) (c) [Process] The following process for requesting accommodations is established:

(1) Applications requesting Requests for accommodations(

s) pursuant to under this rule may be presented ex parte in writing, on a form approved by the Judicial Council, in another written format, and provided by the court, or orally as the court may allow. Applications Requests should must be made forwarded at the designated Office of the Clerk, or to the courtroom clerk or judicial assistant where the proceeding will take place, or to the judicial officer who will preside over the proceeding to the ADA coordinator, also known as the access coordinator, or designee, within the time frame provided in subdivision (c)(3).

(2) All applications Requests for accommodations shall must include a description of the accommodation sought, along with a statement of the impairment that necessitates such accommodation. The court, in its discretion, may require the applicant to provide additional information about the qualifying impairment.

(3) Applications Requests for accommodations should must be made as far in advance of the requested accommodations implementation date as possible, and in any event should must be made no less fewer than five court days prior to before the requested implementation date. The court may, in its discretion, waive this requirement.

(4) Upon request, The court shall must place under seal the identity of the applicant as designated on the application form and all other identifying information provided to the court pursuant to the application keep confidential all information of the applicant concerning the request for accommodation, unless confidentiality is waived in writing by the applicant or disclosure is required by law. The applicant’s identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process.

Confidential information includes all medical information pertaining to the applicant, and all oral or written communication from the applicant concerning the request for accommodation. (Subd (

c) amended effective January 1, 2006.) (d) [Permitted communication] An applicant may make ex parte communications with the court; such Communications under this rule shall must deal address only with the accommodation(

s) requested by the applicant’s

34 disability requires and shall must not deal address, in any manner, with the subject matter or merits of the proceedings before the court. (Subd (

d) amended effective January 1, 2006.) (e) [Grant of Response to accommodation request] A court shall must grant respond to a request for an accommodation as follows:

(1) In determining whether to grant an accommodation and what accommodation to grant, The court shall must consider, but is not limited by, California Civil Code

section 51 et seq., the provisions of the Americans With Disabilities Act of 1990, and other related applicable state and federal laws in determining whether to provide an accommodation or an appropriate alternative accommodation.

(2) The court shall must inform the applicant in writing of findings of fact and orders, as may be appropriate, and if applicable, in an alternative format, of the following: (

a) that the request for accommodations is granted or denied, in whole or in part,; and if the request for accommodation is denied, the reason therefor; or that an alternative accommodation is granted; (

b) the nature of the accommodations(

s) to be provided, if any; and (

c) the duration of the accommodation to be provided. (Subd (

e) amended effective January 1, 2006.) (f) [Denial of accommodation request] An application A request for an accommodation may be denied only if when the court finds determines that:

(1) The applicant has failed to satisfy the requirements of this rule; or

(2) The requested accommodations(

s) would create an undue financial or administrative burden on the court; or

(3) The requested accommodations(

s) would fundamentally alter the nature of the a service, program, or activity. (Subd (

f) amended effective January 1, 2006.) (g) [Review procedure]

(1) An applicant or any participant in the proceeding in which an accommodation request has been denied or granted may seek review of a

35 determination made by nonjudicial court personnel within 10 days of the date of the notice of denial or grant response by submitting, in writing, a request for review to the judicial officer presiding judge or designated judicial officer who will preside over the proceeding or to the presiding judge if the matter has not been assigned.

(2) An applicant or any participant in the proceeding in which an accommodation request has been denied or granted may seek review of a determination made by a presiding judge or any another judicial officer of a court within 10 days of the date of the notice of denial or grant determination by filing a petition for extraordinary relief in a court of superior jurisdiction. (Subd (

g) amended effective January 1, 2006.) (h) [Duration of accommodations] The accommodations by the court shall must commence be provided for the duration on the date indicated in the notice of response to the request for accommodation and shall must remain in effect for the period specified in the notice of accommodation. The court may grant provide an accommodations for an indefinite periods of time, for a limited period of time, or for a particular matter or appearance. (Subd (

h) amended effective January 1, 2006.) Rule 989.3 amended effective January 1, 2006; adopted effective January 1, 1996.

Chapter 2. Transfer and Change of Venue Rule 4.150. Transfer of criminal actions or proceedings Change of venue: application and general provisions (a) [Application] Rules 4.150 to 4.154, inclusive, shall 4.155 govern the transfer of change of venue in criminal actions or proceedings cases under Penal Code

section 1033. (Subd (

a) adopted effective January 1, 2006.) (b) [General provisions] When a change of venue has been ordered, the case remains a case of the transferring court. Except upon good cause to the contrary, the court must follow the provisions below:

(1) Proceedings before trial must be heard in the transferring court.

(2) Proceedings that are not to be heard by the trial judge must be heard in the transferring court.

(3) Postverdict proceedings, including sentencing, if any, must be heard in the transferring court. (Subd (

b) adopted effective January 1, 2006.) (c) [Appellate review] Review by the Court of Appeal, either by an original proceeding or by appeal, must be heard in the appellate district in which the transferring court is located. (Subd (

c) adopted effective January 1, 2006.) Rule 4.150 amended effective January 1, 2006; adopted as rule 840 effective March 4, 1972; previously renumbered and amended effective January 1, 2001. Advisory Committee Comment Subdivision (b)(1) is based on Penal Code

section 1033(a), which provides that all proceedings before trial are to be heard in the transferring court, except when a particular proceeding must be heard by the trial judge. Subdivision (b)(2) addresses motions heard by a judge other than the trial judge, such as requests for funds under Penal Code

section 987.9 or a challenge or disqualification under Code of Civil Procedure

section 170 et seq. Reflecting the local community interest in the case, subdivision (b)(3) clarifies that after trial the case is to return to the transferring court for any posttrial proceedings. There may be situations where the local interest is outweighed, warranting the receiving court to conduct posttrial hearings. Such hearings may include motions for new trial where juror testimony is necessary and the convenience to the jurors outweighs the desire to conduct the hearings in the transferring court. Subdivision (

c) ensures that posttrial appeals and writs are heard in the same appellate district as any writs that may have been heard before or during trial. Rule 4.151. Application and hearing Motion for change of venue (a) [Motion procedure] Application A motion for the transfer of change of venue in a criminal action or proceeding pursuant to case under Penal Code

section 1033 or 1034 of the Penal Code shall must be by notice of motion supported by an affidavit or a declaration filed with the court setting forth the facts upon which supporting the application is based. Except for good cause shown, the

37 application shall motion must be filed at least 10 days prior to before the date set for trial, and with a copy shall be served upon the adverse party at least 10 days prior to before the hearing on the application. At the hearing counteraffidavits may be filed. (Subd (

a) adopted effective January 1, 2006; formerly part of an untitled subd.) (b) [Policy considerations in ruling on motion] Before ordering a change of venue in a criminal case, the transferring court should consider impaneling a jury that would give the defendant a fair and impartial trial. (Subd (

b) adopted effective January 1, 2006.) Rule 4.151 amended effective January 1, 2006; previously renumbered and amended effective January 1, 2001; adopted as rule 841 effective March 4, 1972. Advisory Committee Comment Rule 4.151(

b) is not intended to imply that the court should attempt to impanel a jury in every case before granting a change of venue in every case. Rule 4.152. Selection of court and trial judge When a judge grants a motion for change of venue, he or she must inform the presiding judge of the transferring court. The presiding judge, or his or her designee, must:

(1) When the court in which the action is pending determines that it should be transferred pursuant to

section 1033 or 1034 of the Penal Code, it shall advise Notify the Administrative Director of the Courts of the pending transfer change of venue. Upon being advised, After receiving the transferring court’s notification, the Administrative Director shall, in order to expedite judicial business and equalize the work of the judges, must advise the transferring court which suggest a court or courts that would not be unduly burdened by the trial of the case. Thereafter, the court in which the case is pending shall transfer the case to a proper court as it determines to be in the interest of justice.

(2) Select the judge to try the case, as follows:

38 (

A) The presiding judge, or his or her designee, must select a judge from the transferring court, unless he or she concludes that the transferring court does not have adequate judicial resources to try the case. (

B) If the presiding judge, or his or her designee, concludes that the transferring court does not have adequate judicial resources to try the case, he or she must request that the Chief Justice of California determine whether to assign a judge to the transferring court. If the Chief Justice determines not to assign a judge to the transferring court, the presiding judge, or his or her designee, must select a judge from the transferring court to try the case. Rule 4.152 amended effective January 1, 2006; adopted as rule 842 effective March 4, 1972; previously renumbered and amended effective January 1, 2001.

Rule 4.153. Order of transfer on change of venue After receiving the list of courts from the Administrative Director of the Courts, the presiding judge, or his or her designee, must:

(1) Determine the court in which the case is to be tried. In making that determination, the court must consider, under Penal Code

section 1036.7, whether to move the jury rather than to move the pending action. In so doing, the court should give particular consideration to the convenience of the jurors.

(2) Transmit to the receiving court a certified copy of the order of transfer and any pleadings, documents, or other papers or exhibits necessary for trying the case.

(3) Enter the order of transfer shall be entered upon the for change of venue in the minutes of the transferring court or the docket and the clerk shall immediately make out and transmit to the court to which the action is transferred a certified copy of the order of transfer record, pleadings and proceedings in the action including the undertakings for the appearance of the defendant and of the witnesses. The order must include the determinations in (1). Rule 4.153 amended effective January 1, 2006; adopted as rule 843 effective March 4, 1972; previously renumbered and amended effective January 1, 2001.

Advisory Committee Comment Rule 4.152 and 4.153 recognize that, although the determination of whether to grant a motion for change of venue is judicial in nature, the selection of the receiving court and the decision whether the case should be tried by a judge of the transferring court are more administrative in nature. Thus, the rule

39 provides that the presiding judge of the transferring court is to make the latter decisions. He or she may delegate those decisions to the trial judge, the supervising judge of the criminal division, or any other judge the presiding judge deems appropriate. If, under the particular facts of the case, the latter decisions are both judicial and administrative, those decisions may be more properly made by the judge who heard the motion for change of venue. Rule 4.154.

Proceedings in the receiving court receiving case The receiving court to which the action is transferred shall must conduct the trial proceed as if the action case had been commenced in such the receiving court. If it is necessary to have any of the original pleadings or other papers before such the receiving court, the transferring court from which the action is transferred shall must at any time, upon application of the district attorney or the defendant, order transmit such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.

If, during the trial, any original papers or pleadings are submitted to the receiving court, the receiving court is to file the original. After sentencing, all original papers and pleadings are to be retained by the transferring court. Rule 4.154 amended effective January 1, 2006; adopted as rule 844 effective March 4, 1972; previously renumbered and amended effective January 1, 2001. Rule 4.160.

Policies to be considered before ordering and transferring a criminal case on change of venue (a) [Attempt to impanel jury] Before ordering a change of venue in a criminal case, the court should consider impaneling a jury that would give the defendant a fair and impartial trial. (b) [Moving the jury] After a change of venue has been ordered, the court should determine, pursuant to Penal Code

section 1036.7, whether it would be in the interests of the administration of justice to move the jury rather than to move the pending action. In so doing, the court should give particular consideration to the convenience of the jurors. Rule 4.160 repealed effective January 1, 2006; adopted as

Sec. 4 effective July 1, 1989; previously renumbered and amended effective January 1, 2001. The repealed rule related to policies to be considered before ordering and transferring a criminal case on change of venue. Advisory Committee Comment

Section 4(

a) is not intended to imply that the court should attempt to impanel a jury in every case before granting a change of venue. If there is clear evidence of a reasonable likelihood that a fair and impartial trial cannot be had in the county, a change of venue should be ordered.

40 Rule 4.161. Change of venue case to be tried by judge from county in which the case originated— criminal cases A criminal case in which a change of venue has been ordered should be tried in the court receiving the case by a judge from the court in which the case originated, unless the originating and receiving courts agree otherwise. Rule 4.161 repealed effective January 1, 2006; adopted as

Sec. 4.1 effective July 1, 1989; previously renumbered effective January 1, 2001. The repealed rule related to change of venue case to be tried by judge from county in which the case originated—criminal cases. Rule 4.1624.155. Guidelines for reimbursement of costs in change of venue cases— criminal cases (a) [General] Consistent with Penal Code

section 1037(c), the county court in which an action originated shall must reimburse the county court receiving a case after an order for change of venue for any ordinary expenditure and any extraordinary but reasonable-and-necessary expenditure which that would not have been incurred by the receiving county court but for the change of venue. (Subd (

a) amended effective January 1, 2006; previously amended effective January 1, 2001.) (b) [Reimbursable ordinary expenditures—court related] Court-related reimbursable ordinary expenses include:

(1) For prospective jurors on the panel from which the jury is selected and for the trial jurors and alternates seated: (i)(

A) Normal juror per diem and mileage at the rates of the receiving county court. The cost of the juror should only be charged to a change of venue case if the juror was not used in any other case on the day that juror was excused from the change of venue case. (ii)(

B) If jurors are sequestered, actual lodging, meals, mileage, and parking expenses up to state Board of Control limits. (iii)(

C) If jurors are transported to a different courthouse or county, actual mileage and parking expenses.

(2) For court reporters:

41 (i)(

A) The cost of pro tem reporters, even if not used on the change of venue trial, but not the salaries of regular official reporters who would have been paid in any event. The rate of compensation for pro tem reporters should be that of the receiving county court. (ii)(

B) The cost of transcripts requested during trial and for any new trial or appeal, using the folio rate of the receiving county court. (iii)(

C) The cost of additional reporters necessary to allow production of a daily or expedited transcript.

(3) For assigned judges: The assigned judge’s per diem, travel, and other expenses, up to state Board of Control limits, if the judge is assigned to the receiving court because of the change of venue case, regardless of whether the assigned judge is hearing the change of venue case.

(4) For interpreters and translators: (i)(

A) The cost of the services of interpreters and translators, not on the court staff, if those services are required under Evidence Code sections 750 through 754. Using the receiving county court’s fee schedule, this cost should be paid whether the services are used in a change of venue trial or to cover staff interpreters and translators assigned to the change of venue trial. (ii)(

B) Interpreters’ and translators’ actual mileage, per diem, and lodging expenses, if any, which were incurred in connection with the trial, up to state Board of Control limits.

(5) For maintenance of evidence: The cost of handling, storing, or maintaining evidence beyond the expenses normally incurred by the receiving county court.

(6) For services and supplies: The cost of services and supplies incurred only because of the change of venue trial, for example, copying and printing charges (e.g., such as for juror questionnaires), long-distance telephone calls, and postage. A pro rata share of the costs of routine services and supplies should not be reimbursable.

(7) For court or county employees: (i)(

A) Overtime expenditures and compensatory time for staff incurred because of the change of venue case.

42 (ii)(

B) Salaries and benefit costs of extra help or temporary help incurred either because of the change of venue case or to replace staff assigned to the change of venue case. (Subd (

b) amended effective January 1, 2006; previously amended effective January 1, 1998.) (c) [Reimbursable ordinary expenses—defendant related] Defendant-related reimbursable ordinary expenses include the actual costs incurred for guarding, keeping, and transporting the defendant, including:

(1) Expenses related to health care: Costs incurred by or on behalf of the defendant such as doctors, hospital expenses, medicines, therapists, and counseling for diagnosis, evaluation, and treatment.

(2) Cost of food and special clothing for an in-custody defendant.

(3) Transportation: Nonroutine expenses, such as transporting an in-custody defendant from the originating county transferring court to the receiving county court. Routine transportation expenses if defendant is transported by usual means used for other receiving county court prisoners should not be reimbursable. (Subd (

c) amended effective January 1, 2006.) (d) [Reimbursable ordinary expenditures—defense expenses] Reimbursable ordinary expenses related to providing defense for the defendant include:

(1) Matters covered by Penal Code

section 987.9 as determined by the transferring court in which the action originated or by a judge designated under that section.

(2) Payment of other defense costs in accordance with policies of the county court in which the action originated, unless good cause to the contrary is shown to the trial court.

(3) Unless Penal Code

section 987.9 applies, the trial receiving court in the receiving county may, in its sound discretion, approve all trial-related expenses including: (i)(

A) Attorney fees for defense counsel and, if any, co-counsel, and actual travel-related expenses, up to state Board of Control limits, for staying in the receiving county of the receiving court during trial and hearings.

43 (ii)(

B) Paralegal and extraordinary secretarial or office expenditures of defense counsel. (iii)(

C) Expert witness costs and expenses. (iv)(

D) The cost of experts assisting in preparation before trial or during trial, for example, persons preparing demonstrative evidence. (v)(

E) Investigator expenses. (vi)(

F) Defense witness expenses, including reasonable-and- necessary witness fees and travel expenses. (Subd (

d) amended effective January 1, 2006; previously amended effective January 1, 1998.) (e) [Extraordinary but reasonable-and-necessary expenses] Except in emergencies or unless it is impracticable to do so, a receiving county court should give notice before incurring any extraordinary expenditures to the county in which the action originated transferring court, in accordance with Penal Code

section 1037(d). Extraordinary but reasonable-and-necessary expenditures include:

(1) Security-related expenditures: The cost of extra security precautions taken because of the risk of escape or suicide or threats of, or the potential for, violence during the trial. These precautions might include, for example, extra bailiffs or correctional officers, special transportation to the courthouse for trial, television monitoring, and security checks of those entering the courtroom.

(2) Facility remodeling or modification: Alterations to buildings or courtrooms to accommodate the change of venue case.

(3) Renting or leasing of space or equipment: Renting or leasing of space for courtrooms, offices, and other facilities, or equipment to accommodate the change of venue case. (Subd (

e) amended effective January 1, 2006; previously amended effective January 1, 1998.) (f) [Nonreimbursable expenses] Nonreimbursable expenses include:

(1) Normal operating expenses including the overhead of the receiving county court, for example:

44 (i)(

A) Salary and benefits of existing county or court staff which that would have been paid even if there were no change of venue case. (ii)(

B) The cost of operating the jail, for example, detention staff costs, normal inmate clothing, utility costs, overhead costs, and jail construction costs. These expenditures would have been incurred whether or not the case was transferred to the receiving county court. It is, therefore, inappropriate to seek reimbursement from the county in which the action originated transferring court.

(2) Equipment which that is purchased and then kept by the receiving county court and which that can be used for other purposes or cases. (Subd (

f) amended effective January 1, 2006.) (g) [Miscellaneous]

(1) Documentation of costs: No expense should be submitted for reimbursement without supporting documentation, such as a claim, invoice, bill, statement, or time sheet. In unusual circumstances, a declaration under penalty of perjury may be necessary. The declaration should describe the cost and state it was incurred because of the change of venue case. Any required court order or approval of costs also should be sent to the originating transferring court.

(2) Timing of reimbursement: Unless both counties courts agree to other terms, reimbursement of all expenses which that are not questioned by the originating county transferring court should be made within 60 days of receipt of the claim for reimbursement. Payment of disputed amounts should be made within 60 days of the resolution of the dispute. (Subd (

g) amended effective January 1, 2006.) Rule 4.155 amended effective January 1, 2006; adopted as

Sec. 4.2 effective July 1, 1989; renumbered and amended as rule 4.162 effective January 1, 2001; previously amended January 1, 1998. Rule 4.200. Pre–voir dire conference in criminal cases (a) [The conference] Before jury selection begins in criminal cases, the court shall must conduct a conference with counsel to determine:

(1) A brief outline of the nature of the case, including a

summary of the criminal charges;

(2) The names of persons counsel intend to call as witnesses at trial;

(3) The People’s theory of culpability and the defendant’s theories;

(4) The procedures for deciding requests for excuse for hardship and challenges for cause; and

(5) The areas of inquiry and specific questions to be asked by the court and, as permitted by the court, by counsel and any time limits on counsel’s examination;

(6) The

schedule for the trial and the predicted length of the trial;

(7) The number of alternate jurors to be selected and the procedure for selecting alternate jurors; and

(8) The procedure for making Wheeler/Batson objections. The judge shall must, if requested, excuse the defendant from then disclosing any defense theory. (Subd (

a) amended effective January 1, 2006.) (b) [Written questions] The court may require counsel to submit in writing, and before the conference, that all questions that counsel requests the court to be asked of prospective jurors. This rule applies to questions to be asked, either orally or by written questionnaire, shall be submitted to the court and opposing counsel in writing before the conference. The Juror Questionnaire for Criminal Cases (form MC-002) may be used. (Subd (

b) amended effective January 1, 2006.) Rule 4.200 amended effective January 1, 2006; adopted as rule 228.1 effective June 6, 1990; previously renumbered and amended effective January 1, 2001. Advisory Committee Comment Use in conjunction with standard 8.5.

46 Rule 4.201. Supplemental vVoir dire in criminal cases In criminal jury trials, To select a fair and impartial jury, the judge must conduct an initial examination of the prospective jurors orally, or by written questionnaire, or by both methods. The Juror Questionnaire for Criminal Cases (form MC-002) may be used. After completion of the initial examination, the court shall must permit counsel to conduct supplemental questioning as provided in Code of Civil Procedure

section 223. Rule 4.201 amended effective January 1, 2006; adopted as rule 228.2 effective June 6, 1990; renumbered and amended effective January 1, 2001. Rule 4.300. Commitments to nonpenal institutions When a defendant is convicted of a crime for which sentence could be imposed under

section 1170 and the court orders that he or she be committed to the California Youth Authority Department of Corrections and Rehabilitation, Division of Juvenile Justice pursuant to under Welfare and Institutions Code

section 1731.5, the order of commitment shall must specify the term of imprisonment to which the defendant would have been sentenced. The term shall be is determined as provided by sections 1170 and 1170.1 and these rules, as though a sentence of imprisonment were to be imposed. Rule 4.300 amended effective January 1, 2006; adopted as rule 453 effective July 1, 1977; previously amended effective July 28, 1977; amended and renumbered effective January 1, 2001. Rule 4.453. Commitments to nonpenal institutions When a defendant is convicted of a crime for which sentence could be imposed under

section 1170 and the court orders that he or she be committed to the California Youth Authority Department of Corrections and Rehabilitation, Division of Juvenile Justice pursuant to under Welfare and Institutions Code

section 1731.5, the order of commitment shall must specify the term of imprisonment to which the defendant would have been sentenced. The term shall be is determined as provided by sections 1170 and 1170.1 and these rules, as though a sentence of imprisonment were to be imposed. Rule 4.453 amended effective January 1, 2006; adopted as rule 453 effective July 1, 1977; previously amended effective July 28, 1977; renumbered and amended effective January 1, 2001.

47 Rule 5.120. Appearance (

a) Except as provided in Code of Civil Procedure

section 418.10, a A respondent or defendant is deemed to have appeared appears in a proceeding when he or she files:

(1) A response or answer, except as provided in

section 418.10 of the Code of Civil Procedure; (2)–(4) *** (Subd (

a) amended effective January 1, 2006; amended and lettered effective January 1, 2003.) (b)–(c) *** Rule 5.120 amended effective January 1, 2006; adopted as rule 1236 effective January 1, 1970; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 1972, January 1, 1999, and January 1, 2004. Rule 5.121. Motion to quash proceeding or responsive relief (

a) Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons: (1)–(4) *** (Subd (

a) amended effective January 1, 2006.) (

b) The hearing for any notice of motion to quash must be scheduled not more than 20 days from the date the notice is filed. The motion to quash must be served in compliance with Code of Civil Procedure

section 1005(b). If the respondent files a notice of motion to quash, no default may be entered, and the time to file a response will be extended until 15 days after service of the court’s order. (Subd (

b) amended effective January 1, 2006.) (c)–(e) *** Rule 5.121 amended effective January 1, 2006; adopted effective January 1, 2004.

48 Rule 5.154. Persons who may seek joinder (

a) The petitioner or the respondent may apply to the court for an order joining a person as a party to the proceeding who has or claims custody or physical control of any of the minor children subject to the action, of the marriage or visitation rights with respect to such children, or who has in his or her possession or control or claims to own any property subject to the jurisdiction of the court in the proceeding. (Subd (

a) amended effective January 1, 2006; previously amended effective January 1, 2003.) (

b) A person who has or claims custody or physical control of any of the minor children subject to the action, of the marriage or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding (Subd (

b) amended effective January 1, 2006; previously amended effective January 1, 2003.) (

c) A person served with an order temporarily restraining the use of property that is in his or her possession or control or that which he or she claims to own, or affecting the custody of minor children subject to the action, of the marriage or visitation rights with respect to such children, may apply to the court for an order joining himself or herself as a party to the proceeding. (Subd (

c) amended effective January 1, 2006; previously amended effective January 1, 2003.) Rule 5.154 amended effective January 1, 2006; adopted as rule 1252 effective November 23, 1970; previously amended effective July 1, 1975; amended and renumbered effective January 1, 2003. Rule 5.350.

Procedures for hearings to set aside voluntary declarations of paternity when no previous action has been filed (a) *** (b) [Filing of request for hearing] A person who has signed a voluntary declaration of paternity, or a local child support agency, may ask that the declaration be set aside by filing a completed Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity (form FL-280). (Subd (

b) amended effective January 1, 2006; previously amended effective January 1, 2003.)

49 (c)–(f) *** Rule 5.350 amended effective January 1, 2006; adopted as rule 1280.10 effective July 1, 2000; previously amended and renumbered effective January 1, 2003. Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding (Fam. Code, § 3105; Welf. & Inst. Code, § 362.4; Prob.

Code, § 1602) (a) [Custody and visitation orders from other court divisions] A juvenile court or probate court may transmit a custody or visitation order to a family court for inclusion in a pending family law proceeding or to open a new family law case file, upon termination of a juvenile court proceeding or a probate guardianship proceeding under rules 1457 and 7.1008. (1) (Procedure for filing custody or visitation orders from juvenile or probate court) (

A) The custody or visitation order of a juvenile court or the visitation order of a former guardian must be filed in any pending nullity, dissolution, paternity, or other family law proceeding, or in any probate guardianship proceeding which affects custody or visitation of the child. (

B) If no dependency, family law, or probate guardianship proceeding affecting custody or visitation of the child is pending, the order may be used as the sole basis to open a file and assign a family law case number. (

C) The clerk must immediately file the custody or visitation order, without a filing fee, in the file of any family law proceeding affecting the custody and visitation of the child. (2) (Endorsed filed copy—clerk’s certificate of mailing) Within 15 court days after receiving the order, the clerk must send, by first-class mail, an endorsed filed copy of the order showing the receiving court case number to: (

A) The persons whose names and addresses are listed on the order; and (

B) The court that issued the order, with a completed clerk’s certificate of mailing, for inclusion in the sending court’s file.

50 (b) [Modification of former guardian visitation orders—Custodial parent] When a parent of the child has custody of the child following termination of a probate guardianship, proceedings for modification of the probate court visitation order, including an order denying visitation, must be determined in a proceeding under the Family Code. (c) [Independent action for former guardian visitation]

(1) If the court terminated a guardianship under the Probate Code and did not issue a visitation order, the former guardian may maintain an independent action for visitation if a dependency proceeding is not pending. The former guardian may bring the action without the necessity of a separate joinder action.

(2) If the child has at least one living parent and has no guardian, visitation must be determined in a proceeding under the Family Code. If the child does not have at least one living parent, visitation must be determined in a guardianship proceeding, which may be initiated for that purpose.

(3) Judicial Council form FL-105/GC-120, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) must be filed with a petition or motion for visitation by a former guardian. Rule 5.475 adopted effective January 1, 2006. Rule 1402. Judicial Council forms (a) *** (b) [Word processor - Electronically produced forms] The forms applicable to the juvenile court may be produced entirely by computer, word-processor printer, or similar process, or may be produced by the California State Department of Social Services Child Welfare Systems Case Management System. (Subd (

b) amended effective January 1, 2006; adopted as subd (

c) effective July 1, 1991; previously amended effective January 1, 1993, and January 1, 1998; amended and relettered effective January 1, 2001.) (c) [Implementation of new and revised mandatory forms] New and revised mandatory forms produced by computer, word-processor printer, or similar

51 process must be implemented within one year of the effective date of the form. During that one-year period the court may authorize the use of a legally accurate alternative form, including any existing local form or the immediate prior version of the Judicial Council form. (Subd (

c) adopted effective January 1, 2006.) Rule 1402 amended effective January 1, 2006; adopted effective January 1, 1991; previously amended effective July 1, 1991, January 1, 1992, July 1, 1992, January 1, 1993, January 1, 1994, January 1, 1998, and January 1, 2001. Rule 1407. Form of petition; notice of hearing (a) [Form of petition—dependency (§§ 332, 333, 656, 656.1, 656.5, 661)] The petition to declare a child a dependent of the court shall must be verified and may be dismissed without prejudice if not verified. The petition shall must contain all of the following: the information set forth in Welfare and Institutions

section 332.

(1) The name of the court;

(2) The title of the proceeding;

(3) Each code

section and subdivision under which the petition is filed, and if under

section 602, the specific code sections and subdivisions alleged to have been violated, and as to each count, whether it is a misdemeanor or felony;

(4) The name, age, and address of the child;

(5) If known, the names and addresses of the parents and guardians; if not known, or if no parent or guardian resides in California, the names and addresses of any adult relative known to reside within the county, or of the adult relative residing nearest the county;

(6) A concise statement of facts, separately stated, supporting the allegation that the child is described by each

section and subdivision under which the petition is filed;

(7) Whether the child is detained and, if so, the date and the precise time the child was taken into custody;

(8) A notice of the financial obligations under sections 903, 903.1, and 903.2;

(9) If a violation of Penal Code

section 640.5 or 640.6 is alleged, notice to the parent or guardian that the child may be required to perform community service and to be supervised by the parent or guardian, and that the parent or guardian may be liable for payment of a fine;

(10) Notice to the parent or guardian that the parent or guardian may be liable for payment of court-ordered restitution;

(11) If applicable, the intent to aggregate other offenses under

section 726; and

(12) If the petition is filed under

section 601: (

A) A notice that failure to comply with compulsory school attendance is an infraction for which the parent, guardian, or caretaker of the child may be prosecuted before the juvenile court sitting as a municipal court, subject to the right of the parent, guardian, or caretaker to have the infraction charge heard by a judicial officer other than the one who is to hear the 601 proceeding; and (

B) An explanation of the provisions of

section 170.6 of the Code of Civil Procedure. (Subd (

a) amended effective January 1, 2006; previously amended effective January 1, 1995.) (b) [Form of petition—delinquency (§§ 656, 656.1, 656.5, 661)] The petition to declare a child a ward of the court must be verified and may be dismissed without prejudice if not verified. The petition must contain the information set forth in Welfare and Institutions Code sections 656, 656.1, 656.5, 661, and, if applicable, the intent to aggregate other offenses under

section 726. (Subd (

b) adopted effective January 1, 2006.) (b)(c) [Form of petition § 300Use of forms] Dependency petitions must be filed on a Judicial Council form. The filing party must use Juvenile Dependency Petition (Version One) (form JV-100) with the Additional Children Attachment (form JV-101) when appropriate, or Juvenile Dependency Petition (Version Two) (form JV-110) as prescribed by local rule or practice.

(1) Effective January 1, 1991, the following Judicial Council forms are approved for optional use: (

A) Juvenile Dependency Petition (Version One) (JV-100)

53 (

B) Additional Children Attachment (JV-101) (

C) Juvenile Dependency Petition (Version Two) (JV-110) (

D) Serious Physical Harm (JV-120) (

E) Failure to Protect (JV-121) (

F) Serious Emotional Damage (JV-122) (

G) Sexual Abuse (JV-123) (

H) Severe Physical Abuse (Child Under Five) (JV-124) (

I) Conviction of Another Child’s Death (JV-125) (

J) No Provision for Support (JV-126) (

K) Freed for Adoption (JV-127) (

L) Cruelty (JV-128) (

M) Abuse of Sibling (JV-129) (

N) Supplemental Petition Attachment (JV-150)

(2) Effective July 1, 1991, the forms described in subdivision (1) are adopted for mandatory use. (3) (Use of forms) (

A) Counties that file a separate petition for each child shall use the Juvenile Dependency Petition (Version One) (JV-100). (

B) Counties that file a joint petition for siblings with the same mother and father shall use either: (

i) Juvenile Dependency Petition (Version Two) (JV-110); or (ii) Juvenile Dependency Petition (Version One) (JV-100), with Additional Children Attachment (JV-101). Petitioner shall

54 check the box on the petition marked “Other children are listed on Additional Children Attachment.” (

C) Counties that file a joint petition for half-siblings shall use Juvenile Dependency Petition (Version One) (JV-100), with Additional Children Attachment (JV-101). Petitioner shall check the box on the petition marked “Other children are listed on Additional Children Attachment.” (4) (Combining forms) Judicial Council forms JV-120, JV-121, JV-122, JV- 123, JV-124, JV-125, JV-126, JV-127, JV-128, and JV-129 may be combined if the headings and language in the body of the forms are included as they appear. (The footer may be deleted.) (5) (Word processor-produced forms) (

A) The forms in subdivision (b)(1) may be produced entirely by word processor printer or similar process. (

B) Before a county files a word processor version of a form with the court, the county shall submit a copy of the proposed form to the Administrative Office of the Courts and obtain approval. (Subd (

c) amended and relettered effective January 1, 2006; adopted as subd (

b) effective January 1, 1991.) (c)(d) [Amending the petition (§§ 348, 678)]

Chapter 8 of title 6 of

part 2 of the Code of Civil Procedure, beginning at

section 469, shall applyies to variances and amendments of petitions and proceedings in the juvenile court. (Subd (

d) amended and relettered effective January 1, 2006; adopted as subd (

c) effective January 1, 1991.) (d)(e) [Contents of nNotice of hearing—dependency (§§ 335 290.1, 336 290.2, 297658, 659)] When the petition is filed, the probation officer or social worker clerk shall must issue serve a notice of hearing under Welfare and Institutions Code

section 290.1, with a copy of the petition attached. Upon filing of the petition, the clerk must issue and serve notice as prescribed in

section 290.2, along with a copy of the petition. Court Appointed Special Advocates are entitled to the same notice as set forth in sections 290.1 and 290.2. The notice shall contain all of the following:

(1) The name and address of the person notified;

(2) The date, time, and place of the hearing set;

(3) The name of the child;

(4) Each code

section and subdivision under which the petition has been filed;

(5) A statement that: (

A) The child and the parent or guardian, or noticed adult relative, are entitled to have an attorney present at the hearing; (

B) If the child or parent or guardian or noticed adult relative is indigent and wishes to be represented by an attorney, the court should be notified promptly; (

C) If an attorney is appointed to represent the child, the parent or guardian shall be liable for all or a part of the costs, to the extent of the ability to pay; (

D) If an attorney is appointed to represent the parent or guardian or noticed adult relative, the represented person shall be liable for all or a part of the costs, to the extent of the ability to pay.

(6) A statement that the parent or guardian or adult relative may be liable for the costs of support of the child in a county institution. (Subd (

e) amended and relettered effective January 1, 2006; adopted as subd (

d) effective January 1, 1991.) (f) [Notice of hearing—delinquency (§§ 630, 630.1, 658, 659, 660)]

(1) Immediately upon the filing of a petition to detain a child, the probation officer or the prosecuting attorney must issue and serve notice as prescribed in Welfare and Institutions Code

section 630.

(2) When a petition is filed, the clerk must issue and serve a notice of hearing in accordance with sections 658, 659, and 660 with a copy of the petition attached.

(3) Upon reasonable notification by minor’s counsel or his or her parent or guardian, the clerk must provide notice to the minor’s attorney as stated in

section 630.1.

56 (Subd (

f) adopted effective January 1, 2006.) (e) [Persons entitled to notice (§§ 335, 658, 660)] The clerk shall cause the notice and attached copy of the petition to be served on each of the following:

(1) The child, if 10 years or older and the petition is filed under

section 300;

(2) The child, if the child is eight years or older and the petition is filed under

section 601 or 602;

(3) Each person described in subsection (a)(5) whose address is in the petition or becomes known to the clerk before the hearing;

(4) The following persons, if applicable and if their addresses are known to the clerk before the hearing: (

A) The child’s foster parent; (

B) The child’s preadoptive parents; (

C) The child’s present caregiver; and (

D) Any court-appointed special advocate; and

(5) The district attorney; if the district attorney has requested notice. (Subd (

e) repealed effective January 1, 2006.) (f) [Service of notice - child detained (§§ 337, 660)] If the child is detained, the notice and a copy of the petition shall be served on the persons described in subdivision (

e) personally or by certified mail, return receipt requested:

(1) As soon as possible after the petition is filed and at least five days before the hearing; or

(2) At least 24 hours before the hearing if the hearing is set less than five days after the petition is filed. (Subd (

f) repealed effective January 1, 2006.) (g) [Service of notice - child not detained (§§ 337, 660)] If the child is not detained, the notice and a copy of the petition shall be served on the persons designated in subdivision (

e) personally or by first-class mail at least 10

57 calendar days before the hearing. If a person fails to appear after service by mail, the court shall order personal service. (Subd (

g) repealed effective January 1, 2006.) (h)(g) [Waiver of service (§§ 290.2, 337, 660)] A person may waive service of notice by a voluntary appearance noted in the minutes of the court, or by a written waiver of service filed with the clerk. (Subd (

g) amended and relettered effective January 1, 2006; adopted as subd (

h) effective January 1, 1991.) (i) [Service on child’s attorney (§ 660)] For the purposes of time requirements under subdivisions (

f) and (

g) in proceedings under

section 601 or 602, service on the child’s attorney is equivalent to service on the parent or guardian. (Subd (

i) repealed effective January 1, 2006.) (j)(h) [Oral notice (§§ 290.1, 311, 630)] Then Notice required by Welfare and Institutions Code sections 290.1 and 630 subdivision (

e) may be given orally. The social worker or probation officer must file a declaration stating that oral notice was given and to whom.

(1) In a matter under

section 300, notice shall be given orally if it appears that the parent, guardian, or adult relative does not read.

(2) The social worker or probation officer shall file a declaration stating that oral notice was given and to whom. (Subd (

h) amended and relettered effective January 1, 2006; adopted as subd (

j) effective January 1, 1991.) Rule 1407 amended effective January 1, 2006; adopted effective January 1, 1991; previously amended effective January 1, 1992, January 1, 1995, and January 1, 2001. Rule 1408. Citation to appear; warrants of arrest; subpoenas (a) [Citation to appear (§§ 338, 661)] In addition to the notice required under rule 1407(d), the court may issue a citation directing a parent or guardian to appear at a hearing.

(1) The citation shall must state that the parent or guardian may be required to participate in a counseling program, and the citation may direct the

58 present custodian of the child’s present caregiver to bring the child to court.

(2) The citation shall must be personally served at least 24 hours before the time stated for the appearance. (Subd (

a) amended effective January 1, 2006.) (b)–(c) *** (d) [Subpoenas (§§ 341, 664)] On the court’s own motion or at the request of the petitioner, child, parent, guardian, or present caregiver custodian, the clerk shall must issue subpoenas requiring attendance and testimony of witnesses and the production of papers at a hearing. If a witness appears in response to a subpoena, the court may order the payment of witness fees as a county charge in the amount and manner prescribed by statute. (Subd (

d) amended effective January 1, 2006.) Rule 1408 amended effective January 1, 2006; adopted effective January 1, 1991. Rule 1413. Paternity Parentage (a) [Authority to declare; duty to inquire (§§ 316.2, 726.4)] The juvenile court has a duty to inquire about and, if not otherwise determined, to attempt to determine the parentage of each child who is the subject of a petition filed under

section 300, 601, or 602. The court may establish and enter a judgment of paternity parentage. (Subd (

a) amended effective January 1, 2006; previously amended effective January 1, 2001.) (b) [Paternity Parentage inquiry (§§ 316.2, 726.4)] At the initial hearing on a petition filed under

section 300, 601, or 602, and at hearings thereafter until or unless paternity parentage has been established, the court shall must inquire of the child’s mother parents present at the hearing and of any other appropriate person present as to the identity and address of any and all presumed or alleged fathers parents of the child. Questions, at the discretion of the court, may include the following and others that may provide information regarding parentage:

(1) Has there been a judgment of paternity parentage? (2)–(5) ***

(6) Have paternity genetic tests been administered, and if so, what were the results? (Subd (

b) amended effective January 1, 2006; adopted effective January 1, 2001.) (c) [Voluntary declaration] If a voluntary declaration as described in Family Code

section 7570 et seq. has been executed and filed with the California Department of Social Services, the declaration will establish the paternity of a child and will have the same force and effect as a judgment of paternity by a court. (d) [Issue raised; inquiry] If, at any proceeding regarding the child, the issue of paternity parentage is addressed by the court, the court shall proceed as follows:

(1) The court must ask Make inquiry of the mother parent or the person alleging paternity parentage, and of others present, as to whether any paternity parentage finding has been made, and if so, what court made it, or whether a voluntary declaration has been executed and filed under the Family Code.

(2) The court must direct Direct the court clerk to prepare and transmit Judicial Council form Paternity Parentage Inquiry—Juvenile (JV-500) to the office of child support enforcement local child support agency requesting an inquiry regarding whether or not paternity parentage has been established through any superior court order or judgment or through the execution and filing of a voluntary declaration under the Family Code.

(3) The office of child support enforcement must prepare and return the completed Judicial Council form Paternity Parentage Inquiry—Juvenile (JV-500) within 25 judicial days, with certified copies of such order or judgment or proof of the filing of a voluntary declaration attached.

(4) The juvenile court must take judicial notice of the prior determination of paternity parentage. (Subd (

d) amended effective January 1, 2006; adopted as subd (

b) effective July 1, 1995; previously relettered and amended effective January 1, 2001.) (e) [No prior determination] If the office of child support enforcement local child support agency states, or if the court determines through statements of the parties or other evidence, that there has been no prior determination of

60 paternity parentage of the child, the juvenile court may make such a determination.

(1) To determine paternity parentage, the juvenile court may order the child, the mother, and any alleged father and any alleged parents to submit to blood tests and proceed under Family Code

section 7550 et seq.; or

(2) The court may make its determination of paternity parentage or nonpaternity nonparentage based on the testimony, declarations, or statements of the mother and alleged father alleged parents. The court shall must advise any alleged father parent indicating he wishes a wish to be declared the father parent of the child that if he is parentage is declared, the father he declared parent will have responsibility for the financial support of the child, and if the child receives welfare benefits, the father declared parent may be subject to an action to obtain support payments. (Subd (

e) amended effective January 1, 2006; adopted as subd (

c) effective July 1. 1995; previously relettered and amended effective January 1, 2001.) (f) [Notice to office of child support enforcement] If the court establishes paternity parentage of the child, the court shall must sign and then direct the clerk to transmit Judicial Council form Paternity Parentage—Finding and Judgment [(Juvenile]) (JV-501) to the office of child support enforcement. local child support agency. (Subd (

f) amended effective January 1, 2006; adopted as subd (

d) effective July 1 1995; previously relettered and amended effective January 1, 2001. (g) [Dependency and delinquency; notice to alleged fathers] If, upon inquiry by the court, or through other information obtained by the county welfare department or probation department, one or more men are identified as alleged fathers of a child for whom a petition under

section 300, 601, or 602 has been filed, the clerk shall must provide to each named alleged father, at the last known address, by certified mail, return receipt requested, a copy of the petition, notice of the next scheduled hearing, and Judicial Council form Statement Regarding Paternity [(Juvenile Dependency]) (JV-505) unless: (1)–(4) *** (Subd (

g) amended effective January 1, 2006; adopted as subd (

e) effective July 1, 1995; previously relettered and amended effective January 1, 2001.)

61 (h) [Dependency and delinquency; alleged fathers (§§ 316.2, 726.4)] The court must make the following determinations:

(1) If a man appears at a hearing in a dependency matter, or at a hearing under

section 601 or 602, and files an action under Family Code

section 7630 or 7631, the court must determine if he is the presumed father of the child.

(2) If a man appears at a hearing in a dependency matter or at a hearing under

section 601 or 602 and or requests a finding of paternity on form JV-505 in a dependency matter or by written request in a

section 601 or 602 matter, the court shall must determine whether or not he is the biological father of the child. (Subd (

h) amended effective January 1, 2006; adopted as subd (

f) effective January 1, 1999; previously relettered and amended effective January 1, 2001.) Rule 1413 amended effective January 1, 2006; adopted effective July 1, 1995; previously amended effective January 1, 1999, and January 1, 2001.) Rule 1430. General provisions (a) *** (b) [Subsequent petitions (§§ 297, 342, 360(b), 364)] All procedures and hearings required for an original petition shall be are required for a subsequent petition. Petitioner shall must file a subsequent petition if: (1)–(3) *** (Subd (

b) amended effective January 1, 2006; previously amended effective January 1, 2001.) (c) [Supplemental petition (§§ 297, 387)] A supplemental petition shall must be used if petitioner concludes that a previous disposition has not been effective in the protection of a child declared a dependent under

section 300 and seeks a more restrictive level of physical custody. For purposes of this chapter, a more restrictive level of custody, shall be, in ascending order, is (1)–(5) *** (Subd (

c) amended effective January 1, 2006; previously amended effective January 1, 2001.)

62 (d) [Petition for modification hearing (§§ 297, 388)] A petition for modification hearing shall must be used if there is a change of circumstances or new evidence that may require the court to: (1)–(2) *** (Subd (

d) amended effective January 1, 2006; adopted as subd (

e) effective January 1, 1991; previously relettered and amended effective January 1, 2001.) (e) [Filing of petition (§§ 297, 388)] A petition for modification hearing may be filed by: (1)–(3) *** (Subd (

e) amended effective January 1, 2006; adopted as subd (

f) effective January 1, 1991; previously relettered and amended effective January 1, 2001.) Rule 1430 amended effective January 1 2006; adopted effective January 1, 1991; previously amended effective January 1, 2001. Rule 1431. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387) (a) [Contents of subsequent and supplemental petitions (§§ 342, 364, 387)] A subsequent petition and a supplemental petition shall must be verified and contain the information required in an original petition as described in rule 1407.

A supplemental petition shall must also contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the protection of the child, or in the case of a dependent child placed with a relative, that the placement is not appropriate in view of the criteria in

section 361.3. (Subd (

a) amended effective January 1, 2006; repealed and adopted effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1999, and January 1, 2001.) (b) [Setting the hearing; notice of hearing (§§ 334, 342, 364, 386, 387)] When a subsequent or supplemental petition is filed, the clerk shall must imm

Document details

Collection	California Rules of Court
Citation	Cal. R. Ct. 12.5
Type	court_rule
Language	en
Format	pdf
Source	CA_ROC
Identifier	d00372abcef734576b52d1fac2d3c95b718b19c2

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