Docstoc

Complete

Document Sample
Complete Powered By Docstoc
					                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                          FOREWORD


State Rules
The California Rules of Court are adopted by the Judicial Council of California for all Superior
Courts. The California Rules of Court can be found at:
                                       www.courtinfo.ca.gov/rules/

Local Rules
The following Local Rules of Court supplement the California Rules of Court and apply in Santa
Clara County only. If there is a conflict between the Local Rules and the California Rules of Court,
the California Rules of Court apply. The following Local Rules can also be found at:

                                         www.scscourt.org


California Constitution and State Codes
The California Constitution and State Codes can be found at:
                                  www.leginfo.ca.gov/calaw.html

State Legal Forms


State legal forms are approved by the Judicial Council for all Superior Courts. State legal forms can
be found at:

                                   www.courtinfo.ca.gov/forms
Local Legal Forms


Local legal forms are designed for use in Santa Clara County only, and can be found at:

                                         www.scscourt.org

Parties and attorneys must comply and be familiar with these Local Rules, which are designed to
help the Court and parties resolve cases promptly and efficiently.



                                                    The Superior Court

January 1, 2013
                                           SUPERIOR COURT OF CALIFORNIA
                                              COUNTY OF SANTA CLARA


                           COURTHOUSE LOCATIONS AND TELEPHONE NUMBERS



                                                            Administration

111 West St. John Street, San José, CA 95113........................................................................(408) 882-2700


                                                    Downtown Superior Court

191 North First Street, San José, CA 95113 ............................................................................(408) 882-2100


                                                           Old Courthouse

161 North First Street, San José, CA 95113 ............................................................................(408) 882-2100


                                                             Family Court

170 Park Avenue, San José, CA 95113 ...................................................................................(408) 534-5600


                                                            Hall of Justice

190 West Hedding Street, San José, CA 95110.......................................................................(408) 808-6600


                                                       Juvenile Justice Court

840 Guadalupe Parkway, San José, CA 95110........................................................................(408) 808-6200


                                                        Terraine Courthouse

115 Terraine Street, San José, CA 95113 ................................................................................(408) 491-4700


                                                      Notre Dame Courthouse

99 Notre Dame Avenue, San José, CA 95113 .........................................................................(408) 882-2900
                                                       Ruff Drive Courthouse

935 Ruff Drive, San José, CA 95110.......................................................................................(408) 808-3100


                                                     South County Courthouse

301 Diana Drive, Morgan Hill, CA 95037 ..............................................................................(408) 695-5000


                                                      Santa Clara Courthouse

1095 Homestead Road, Santa Clara, CA 95050 ......................................................................(408) 556-3000


                                                       Sunnyvale Courthouse

605 West El Camino Real, Sunnyvale, CA 94087 ..................................................................(408) 481-3500


                                                        Palo Alto Courthouse

270 Grant Avenue, Palo Alto, CA 94306 ................................................................................(650) 462-3800




                                            Mailing address for all Judicial Officers

                                                     Superior Court of California
                                                       County of Santa Clara
                                                       191 North First Street
                                                        San José, CA 95113
                     SUPERIOR COURT OF CALIFORNIA
                        COUNTY OF SANTA CLARA
                         LOCAL RULES OF COURT

                               SUMMARY


ORDER     STANDING ORDER RE SANTA CLARA COUNTY
          BAR ASSOCIATION CODE OF PROFESSIONALISM
CIVIL RULES
       1  DIFFERENTIAL CIVIL CASE MANAGEMENT SYSTEM          7/1/12
       2  ALTERNATIVE DISPUTE RESOLUTION (ADR)               1/1/11
      3   JUDGES ADR PROGRAM                                 1/1/08
       4  CIVIL EARLY SETTLEMENT CONFERENCE PROGRAM          7/1/12
       5   LOAN MODIFICATION                                 1/1/13
       6  JUDICIAL ARBITRATION                               1/1/13
       7   PRETRIAL MOTIONS AND EX-PARTE PROCEEDINGS         1/1/12
       8  TRIAL SETTING, MANDATORY SETTLEMENT
          CONFERENCES AND TRIAL                              1/1/13
       9  PROPOSED ORDERS                                    1/1/10
      10  SANCTIONS                                          7/1/02
      11  TELEPHONIC APPEARANCES                             7/1/08
      12  UNLAWFUL DETAINER CASES                            7/1/09
      13  SCHEDULE OF REASONABLE ATTORNEY’S FEES             7/1/06
      14  FACSIMILE FILING                                   1/1/13
      15  ELECTRONIC FILING AND SERVICE                      7/1/10
      16  APPLICATION FOR ORDERS FOR PAYMENT OF MONEY        7/1/02
      17  INTERPRETERS                                       7/1/02
      18  SMALL CLAIMS ACTIONS                               1/1/09
CRIMINAL RULES
      1   GENERAL                                            7/1/12
      2   CONTINUANCES                                       1/1/11
      3   APPEARANCES                                        1/1/11
      4   DOCUMENTS PRESENTED FOR FILING                     7/1/02
      5   LAW AND MOTION                                     7/1/12
      6   PROPOSED ORDERS                                    1/1/10
      7   WRITS                                              7/1/11
      8   SUBPOENAS DUCES TECUM                              7/1/05
      9   REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC
          SOUND RECORDING FOR RECORD ON APPEAL, WRITS, OR
          OTHER HEARINGS FOR MISDEMEANORS OR INFRACTIONS     1/1/08
     10   TRIAL JURORS                                       7/1/02
     11   SPECIAL CONSIDERATION IN DOMESTIC VIOLENCE CASES   1/1/11
     12   TRAFFIC DIVISION – TRIAL BY DECLARATION            1/1/08
                     SUPERIOR COURT OF CALIFORNIA
                        COUNTY OF SANTA CLARA
                          LOCAL RULES OF COURT

FAMILY RULES
     1   GENERAL INFORMATION                                    1/1/13
     2   CUSTODY AND VISITATION                                 1/1/13
     3   CHILD AND SPOUSAL OR PARTNER SUPPORT                   1/1/13
     4   ATTORNEY’S FEES AND COSTS                              1/1/13
     5   LAW AND MOTION                                         1/1/13
     6   CASE STATUS CONFERENCE (STATUS CONFERENCE),
         SETTLEMENT, FAMILY CENTERED CASE RESOLUTION (CRC),
         LONG CAUSE HEARINGS AND TRIALS                         1/1/13
     7   FAMILY LAW FACILITATOR                                 1/1/11
     8   DEFAULT OF UNCONTESTED JUDGMENT                        1/1/13
         DISCRETIONARY POLICY STATEMENTS                        1/1/05
     9   APPOINTMENT OF COUNSEL TO REPRESENT A CHILD            1/1/13
JUVENILE RULES
     1    GENERAL PROVISIONS                                   1/1/13
     2    RULES RELATING TO DEPENDENCY                         1/1/13
     3    RELATIONSHIPS AMONG DIFFERENT DIVISIONS OF THE COURT 1/1/13
PROBATE RULES
      1  ADMINISTRATION AND GENERAL POLICIES                    1/1/13
      2  NOTICES, PETITIONS, DECLARATIONS, AND ORDERS           7/1/12
      3  APPOINTMENT OF EXECUTORS AND ADMINISTRATORS            1/1/08
      4  BONDS                                                  1/1/10
      5  THE INDEPENDENT ADMINISTRATION OF ESTATES ACT          1/1/04
      6  FAMILY ALLOWANCE
      7  SALE UNDER COURT SUPERVISION                           7/1/07
      8  PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS
      9  ACCOUNTS, REPORTS, FEES, COMMISSIONS
         AND DISTRIBUTION                                       1/1/12
     10  SPOUSAL OR REGISTERED DOMESTIC PARTER
         PROPERTY PETITIONS                                     1/1/05
     11  CONSERVATORSHIPS                                       1/1/13
     12  GUARDIANSHIPS                                          7/1/12
     13  GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF
         MINORS AND INCOMPETENT PERSONS                         7/1/11
     14  COMPENSATION OF REFEREES                               7/1/02
     15  MINOR’S EMANCIPATION                                   7/1/02
     16  REMOVAL OF TRUSTEE                                     1/1/08
     17  NAME CHANGE                                            1/1/08
     18  LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIPS      1/1/12
     19  PETITION FOR WRIT OF HABEAS CORPUS RE: QUARANTINE
         DETENTION                                              7/1/11
                     SUPERIOR COURT OF CALIFORNIA
                        COUNTY OF SANTA CLARA
                         LOCAL RULES OF COURT


GENERAL COURT AND ADMINISTRATION RULES
     1   USE OF JUROR LISTS FOR TRIALS HELD IN PLACE OTHER THAN
         COUNTY SEAT                                              1/1/07
     2   USE OF RECORDING DEVICES IN COURTHOUSE FACILITIES        1/1/13
     3   ACCESS AND FAIRNESS                                      1/1/04
     4   TEMPORARY JUDGES                                         1/1/07
     5   FOOD IN THE COURT                                        1/1/11

APPELLATE RULES
     1   RECORD ON APPEAL IN CIVIL CASES                          1/1/10
     2   RECORD ON APPEAL IN CRIMINAL CASES                       1/1/10
     3   RECORD ON APPEAL IN TRAFFIC CASES                        1/1/10
     4   SELF-REPRESENTATION ON APPEAL                            7/1/10
                       SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                   LOCAL RULES

                         GLOSSARY OF ABBREVIATIONS
                                 By Division

CIVIL

ADR =          Alternate Dispute Resolution
CMC =          Case Management Conference
CRC =          California Rules of Court

CRIMINAL

CCP       =    Code of Civil Procedure
FAR       =    Felony Advanced Resolution
MTC       =    Master Trial Calendar
NCR       =    Narcotics Case Review

FAMILY

APJ =          All-Purpose Judge
CASA =         Court Appointed Child Advocate
CLETS =        California Law Enforcement Telecommunications System
               (a Protective Order in Criminal Proceeding or Criminal Protective Order)
CMC =          Case Management Conference
CP   =         Custodial Parent
CRC =          California Rules of Court
CSC =          Custody Settlement Conference
DCSS =         Department of Child Support Services
ENE =          Early Neutral Evaluation
EPRO =         Emergency Protective Restraining Order
FC   =         Family Code
FCS =          Family Court Services
FCSO =         Family Court Settlement Officer
JCC =          Judicial Custody Conference
MSC =          Mandatory Settlement Conference
NCP =          Non-Custodial Parent
OSC =          Order to Show Cause
SOC =          Settlement Officer Conference
TRO =          Temporary Restraining Order
UFC =          Unified Family Court
UIFSA =        Uniform Interstate Family Support Act




Eff. 1/01/09              GLOSSARY OF ABBREVIATIONS
                       SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                   LOCAL RULES


                         GLOSSARY OF ABBREVIATIONS
                                 By Division


JUVENILE

APD =          Adult Probation Department
APO =          Adult Probation Officer
CASA =         Court Appointed Child Advocate
CDCA =         Court Designated Child Advocate
CLETS =        California Law Enforcement Telecommunications System
               (a Protective Order in Criminal Proceeding or Criminal Protective Order)
DFCS =         Department of Family and Children’s Services
DOB =          Date of Birth
FCS =          Family Court Services
JPD =          Juvenile Probation Department
MCLE =         Minimum Continuing Legal Education
PCI =          Probate Court Investigator
USC =          United States Code
VOMP =         Victim-Offender Mediation Program
W&I =          Welfare and Institutions Code

PROBATE

CCR =          California Code of Regulations
CPS =          Child Protective Services
GSC =          Guardianship Settlement Conference
HIPAA=         Health Insurance Portability and Accountability Act.
IAEA =         Independent Administration of Estate Act
LPS =          Lanterman-Petris-Short
PPC =          Private Professional Conservator
UCCJEA =       Uniform Child Custody Jurisdiction and Enforcement Act

GENERAL COURT AND ADMINISTRATION

PIO       =    Public Information Officer




Eff. 1/01/09              GLOSSARY OF ABBREVIATIONS
                                             STANDING ORDER

                           RE SANTA CLARA COUNTY BAR ASSOCIATION



                                      CODE OF PROFESSIONALISM



        Good cause therefore appearing, upon consideration by and with the approval of the Judges of the Santa
Clara Superior Court, it is hereby ORDERED that the Code of Professionalism adopted by the Santa Clara
County Bar Association in June 1992 will serve as a guide to the Judges of the Santa Clara Superior Court in
the exercise of their individual discretion when adjudicating disputes among attorneys. While the Code does
not have the force of law or regulation with respect to the conduct of attorneys, it reflects the view of the
members of the Santa Clara County Bar Association regarding appropriate attorney behavior. As such it is
helpful in giving Judges guidance about the expectations of attorneys concerning acceptable behavior. Cf.,
Kloepfer v. Commission on Judicial Performance (1989), 49 Cal.3d 826, 838 fn. 6.

        It is further ORDERED that notice of this standing order shall be published to all attorneys practicing
before this Court by appending a copy of this order to the Local Rules of Court.



Dated: September 30, 1992

/s/ Leonard Edwards
    Presiding Judge
                                     SUPERIOR COURT OF CALIFORNIA
                                        COUNTY OF SANTA CLARA

                                                        CIVIL RULES
1   DIFFERENTIAL CIVIL CASE MANAGEMENT SYSTEM .....................................................1
    A.   OVERVIEW ...........................................................................................................................1
    B.   CASE MANAGEMENT JUDGES.........................................................................................1
    C.   CASES INVOLVING EMPLOYEES ....................................................................................2
    D.   PROPER COURTHOUSE FOR FILING A GENERAL CIVIL CASE ................................2
    E.   CIVIL LAWSUIT NOTICE ...................................................................................................2
    F.   MANDATORY CASE MANAGEMENT CONFERENCES ................................................3

2   ALTERNATIVE DISPUTE RESOLUTION (ADR).....................................................................4
    A.  POLICY STATEMENT .........................................................................................................4
    B.  UNLIMITED CIVIL CASES .................................................................................................4
    C.  LIMITED CIVIL CASES .......................................................................................................5
    D.  MEDIATORS AND NEUTRAL EVALUATORS ................................................................5
    E.  COURT-APPROVED ADR PROVIDERS............................................................................6
    F.  ADR COMPLIANCE .............................................................................................................6
    G.  ADR GRIEVANCE PROCEDURE .......................................................................................6

3   JUDGES ADR PROGRAM .............................................................................................................8
    A.  ELIGIBILITY/CRITERIA FOR PARTICIPATION .............................................................8
    B.  PROCEDURE.........................................................................................................................8
    C.  TIMELINE..............................................................................................................................9
    D.  PERSONS ATTENDING/STATEMENTS............................................................................9
    E.  MEDIATION..........................................................................................................................9
    F.  SETTLEMENT CONFERENCE............................................................................................9
    G.  FURTHER COURT PROCEEDINGS .................................................................................10

4   CIVIL EARLY SETTLEMENT CONFERENCE PROGRAM ................................................10
    A.   SELECTION OF NEUTRAL ...............................................................................................10
    B.   STIPULATION AND CMC .................................................................................................10
    C.   LOCATION OF HEARING .................................................................................................11
    D.   NEUTRAL FEES AND CHARGES ....................................................................................11
    E.   CONFERENCES NOT CONFIDENTIAL...........................................................................11
    F.   ATTENDANCE AND AUTHORITY..................................................................................11
    G.   NOTIFICATION OF SETTLEMENT .................................................................................11
    H.   GRIEVANCES .....................................................................................................................12
5   LOAN MODIFICATION SETTLEMENT CONFERENCE (LMSC)......................................12
    A.  STIPULATION.....................................................................................................................12
    B.  NEUTRALS..........................................................................................................................12
    C.  SETTLEMENT.....................................................................................................................12
6   JUDICIAL ARBITRATION..........................................................................................................13
    A.   ASSIGNMENT OF ARBITRATOR ....................................................................................13
    B.   PLEADINGS SUBMITTED TO ARBITRATOR................................................................13
    C.   LENGTH OF ARBITRATION HEARINGS .......................................................................13
    D.   FILING OF AWARD ...........................................................................................................14
    E.   FAILURE TO ARBITRATE................................................................................................14
                                       SUPERIOR COURT OF CALIFORNIA
                                          COUNTY OF SANTA CLARA

                                   CIVIL RULES
7    PRETRIAL MOTIONS AND EX-PARTE PROCEEDINGS ....................................................14
     A.  UNLIMITED CIVIL CASES ...............................................................................................14
     B.  LIMITED CIVIL CASES .....................................................................................................14
     C.  SCHEDULING HEARINGS................................................................................................14
     D.  CONTINUANCES AND REQUESTS TO TAKE MOTIONS OFF CALENDAR ............14
     E.  TENTATIVE RULINGS ......................................................................................................15
     F.  EX-PARTE APPLICATIONS..............................................................................................15

8    TRIAL SETTING, MANDATORY SETTLEMENT CONFERENCES AND TRIAL ...........16
     A.   TRIAL SETTING .................................................................................................................16
     B.   MANDATORY SETTLEMENT CONFERENCE...............................................................16
     C.   ASSIGNMENT TO TRIAL..................................................................................................16
     D.   SERVICE AND LODGING OF DOCUMENTS .................................................................16
     E.   APPEARANCE ON THE DATE SET FOR TRIAL ...........................................................17
     F.   EXPEDITED JURY TRIALS...............................................................................................17

9    PROPOSED ORDERS ...................................................................................................................17

10   SANCTIONS ...................................................................................................................................18

11   TELEPHONIC APPEARANCES .................................................................................................18
     A.   PROCEEDINGS IN WHICH PERMITTED........................................................................18
     B.   PRIVATE VENDOR TO PROVIDE TELECONFERENCING SERVICES......................18
     C.   NOTICE BY PARTY ...........................................................................................................18
     D.   AVAILABILITY/PROTOCOL............................................................................................18
     E.   CONTINUANCE..................................................................................................................19

12   UNLAWFUL DETAINER CASES .............................................................................................. 19
     A.  PURPOSE .............................................................................................................................19
     B.  DESIGNATION OF UNLAWFUL DETAINER CASES ...................................................19
     C.  PROPER COURTHOUSE FOR FILING AN UNLAWFUL DETAINER CASE ..............19
     D.  UNLAWFUL DETAINER CASES IN DOWNTOWN SUPERIOR COURT ....................20
     E.  UNLAWFUL DETAINER CASES IN SOUTH COUNTY COURTHOUSE.....................20
     F.  NOTICED MOTIONS..........................................................................................................20
     G.  TRIAL...................................................................................................................................20
     H.  CONVERSION TO ORDINARY CIVIL ACTION.............................................................20
     I.  POST JUDGMENT CLAIM OF RIGHT TO POSSESSION ..............................................21

13   SCHEDULE OF REASONABLE ATTORNEY’S FEES ...........................................................21




14   FACSIMILE FILING.....................................................................................................................21
     A.   GENERAL POLICY ............................................................................................................21
                                       SUPERIOR COURT OF CALIFORNIA
                                          COUNTY OF SANTA CLARA

                                              CIVIL RULES
     B.        AGENCY FILING................................................................................................................21

15   ELECTRONIC FILING AND SERVICE ....................................................................................21
     A.  GENERAL............................................................................................................................21
     B.  REGISTRATION AND DESIGNATION OF ELECTRONIC NOTIFICATION
         ADDRESS ............................................................................................................................22
     C.  ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS ........................22
     D.  ELECTRONIC SUMMONS ................................................................................................23
     E.  ELECTRONIC SERVICE OF PLEADINGS AND OTHER DOCUMENTS.....................23
     F.  CONVENTIONAL FILING OF DOCUMENTS.................................................................24
     G.  COLLECTION OF FEES .....................................................................................................24
     H.  ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS..............25
     I.  PUBLIC ACCESS AND PRIVACY ....................................................................................25
     J.  SIGNATURES......................................................................................................................26
     K.  HARD COPY DOCUMENTS..............................................................................................26

16   APPLICATION FOR ORDERS FOR PAYMENT OF MONEY..............................................26
     A.   PAYMENT OF MONEY .....................................................................................................26
     B.   PAYMENT FOR PREPARATION OF TRANSCRIPT ......................................................26

17   INTERPRETERS ...........................................................................................................................26

18   SMALL CLAIMS ACTIONS ........................................................................................................27
     A.  PROPER COURTHOUSE FOR FILING A SMALL CLAIMS ACTION ..........................27
     B.  FAX FILING IN SMALL CLAIMS CASES FILED AT THE DOWNTOWN SUPERIOR
         COURT .................................................................................................................................27
     C.  DATE, TIME, AND PLACE FOR HEARING ....................................................................28
     D.  SERVICE OF CLAIMS........................................................................................................29
     E.  SETTLEMENT BEFORE HEARING .................................................................................29
     F.  DISMISSAL FOR FAILURE TO APPEAR AT HEARING...............................................30
     G.  APPEAL ...............................................................................................................................30

ATTACHMENTS CV-5008, CV-5012, CV-5014, CV-5017, CV-5021, CV-5041, CV-5052, CV-5056,
CV-5059, CV-5060, CV-5061, SC-8006, SC-8007, SC-8010 and SC-8011
                           SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                         CIVIL RULES
RULE 1           DIFFERENTIAL CIVIL CASE MANAGEMENT SYSTEM
           A.    OVERVIEW
                 (1)    PURPOSE
                        The purpose of the Differential Civil Case Management System is to
                        ensure that, from the commencement of litigation to its resolution, whether
                        by trial or settlement, any elapsed time other than reasonably required for
                        pleadings, discovery and court events is unacceptable and should be
                        eliminated. To enable the just and efficient resolution of cases, the Court,
                        and not the lawyers or litigants, should control the pace of litigation. The
                        Court is strongly committed to reducing delay, and once achieved,
                        maintaining a current docket.
                 (2)    APPLICATION
                        The differential civil case management system applies to all general civil
                        cases as defined in CRC 1 1.6(4), including limited and unlimited civil
                        cases.
(Eff. 7/01/07)
                 (3)    INCORPORATION OF STATE STATUTES AND RULES

                        The Trial Court Delay Reduction Act (Gov. Code § 68600 et seq.),
                        California Rules of Court, Titles 1, 2, and 3, and the Standards of Judicial
                        Administration, Standards 2.1 and 2.2, are incorporated into these rules.
(Eff. 7/01/07)
                 (4)    PRESUMPTION

                        When a general civil case is filed, it is presumed to be subject to the
                        disposition goal under case management plan 1, as defined in CRC
                        3.714(b).
(Eff. 7/01/07)

           B.    CASE MANAGEMENT JUDGES
                 General civil cases are managed by case management judges designated by the
                 Presiding Judge. When a general civil case is filed, it is assigned to a case
                 management judge. The case management judge may thereafter assign the case to
                 another judge or judicial officer for any purpose. In accordance with California
                 Rule of Court 3.1546, the Presiding Judge or designee will assign a judicial
                 officer to conduct expedited jury trials. Pursuant to that assignment, case
                 management judges may thereafter transfer to the assigned judicial officer a case
                 in which the parties request to participate in an expedited jury trial.
(Eff. 7/01/11)



1
    All references to CRC refer to the California Rules of Court


                                                 1
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         CIVIL RULES

           C.    CASES INVOLVING EMPLOYEES
                 If a court employee or deputy sheriff working at a courthouse, or a member of his
                 or her family, is a party to a case, the clerk or Supervising Judge of the Civil
                 Division shall transfer the case to the South County Courthouse, unless the
                 location is specified by statute, including Civil Code § 1812.10 and § 2984.4 and
                 Code of Civil Procedure § 392 and § 395.
(Eff. 1/01/11)

           D.    PROPER COURTHOUSE FOR FILING A GENERAL CIVIL CASE
                 (1)    All unlimited civil cases must be filed in the Downtown Superior Court.
                 (2)    All limited civil cases must be filed in the Downtown Superior Court or
                        the South County Courthouse, subject to the following rules:
                        a.      A tort case may be filed in the South County Courthouse if at least
                                one defendant resides at a Gilroy, Morgan Hill, or San Martin
                                address, or the injury or damage occurred in Gilroy, Morgan Hill,
                                San Martin or a surrounding unincorporated area within Santa
                                Clara County.
                        b.      A contract case may be filed in the South County Courthouse if at
                                least one defendant resides at a Gilroy, Morgan Hill or San
                                Martin address, or the contract was entered into or to be performed
                                in Gilroy, Morgan Hill, San Martin, or a surrounding
                                unincorporated area within Santa Clara County.
                        c.      Other types of cases may be filed in the South County Courthouse
                                if at least one defendant resides at a Gilroy, Morgan Hill or San
                                Martin address or the case requires a determination of a right in
                                land that has a Gilroy, Morgan Hill or San Martin address.
                        d.      Upon the noticed motion of a party, or the Court’s own motion, for
                                good cause shown, a limited civil case may be transferred from the
                                Downtown Superior Court to the South County Courthouse or vice
                                versa.
           E.    CIVIL LAWSUIT NOTICE
                 (1)    When the complaint or other initial pleading is filed, the Clerk of the
                        Court completes a Civil Lawsuit Notice, in all cases except those
                        designated as CRC “Rule 3.740 collections.” (See attached form CV-
                        5012.) The Civil Lawsuit Notice assigns the case to a case management
                        judge and schedules the first Case Management Conference (CMC) before
                        the case management judge or the ADR Administrator. The party who
                        filed the initial pleading must serve a copy of the Civil Lawsuit Notice on
                        all other parties named in the pleading. A party who subsequently files a
                        pleading that adds a new party must serve a copy of the Civil Lawsuit

                                                 2
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                         CIVIL RULES

                       Notice on all new parties. Service of the Civil Lawsuit Notice must be
                       done at the same time as service of the pleading. When the Civil Lawsuit
                       Notice is served, it must reflect the most up-to-date information available
                       concerning the date, time and location of the next CMC. Therefore, the
                       party serving the Notice must complete the information on the next CMC
                       if the first CMC was continued or has passed.
(Eff. 7/01/08)

                 (2)   CRC Rule 3.740 collections cases. The plaintiff may designate a case as
                       a CRC “Rule 3.740 collections” case by filing a Civil Case Cover Sheet
                       with the box “Rule 3.740 collections” checked. When the complaint is
                       filed, the Clerk of the Court completes a Civil Lawsuit Notice – Rule
                       3.740 Collections Cases. (See attached form CV-5052.) The plaintiff must
                       serve a copy of the Civil Lawsuit Notice – Rule 3.740 Collections Cases
                       on all defendants. A party who subsequently files a pleading that adds a
                       new party must serve a copy of the Civil Lawsuit Notice – Rule 3.740
                       Collections Cases on all new parties.
(Eff. 7/01/08)
                 (3)   When a case is filed alleging violation of the California Environmental
                       Quality Act, the plaintiff shall state in the caption of the complaint,
                       directly below the title of the complaint: ACTION BASED ON
                       CALIFORNIA ENVIRONMENTAL QUALITY ACT.
(Eff. 7/01/12)

           F.    MANDATORY CASE MANAGEMENT CONFERENCES
                 (1)   DEFINITION
                       The term “Case Management Conference” (“CMC”) includes the first
                       Case Management Conference, subsequent Case Management
                       Conferences, ADR Status Conferences, Trial Setting Conferences,
                       Dismissal Reviews, and any other conference scheduled by the Court.
(Eff. 1/01/04)
                 (2)   DATE OF FIRST CASE MANAGEMENT CONFERENCE
                       a.      In all cases, except those designated as "uninsured motorist" and
                               "Rule 3.740 collections," the Clerk of the Court will schedule the
                               first CMC approximately 120 days from the date of filing of the
                               complaint.
(Eff. 7/01/08)
                       b.      “Uninsured motorist” cases. The plaintiff may designate a case as
                               an “uninsured motorist case” by filing and serving a declaration
                               demonstrating that the designation is appropriate.            If the
                               declaration is filed with the complaint, the Clerk of the Court will
                               schedule the first CMC approximately 180 days from the date of
                               filing of the complaint. If the plaintiff files the declaration at a
                               later time, the Case Management Conference will not be continued
                               unless the plaintiff applies for a continuance.
(Eff. 7/01/04)


                                                 3
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

                 (3)    REQUEST TO CHANGE CMC DATE
                        Pursuant to written stipulation of all parties, the Court may advance a
                        CMC. Upon timely application and a showing of good cause, the Court
                        may continue a CMC. If the Court continues a conference, the party who
                        applied for the continuance must serve notice upon all parties who were
                        served with a copy of the Civil Lawsuit Notice.
(Eff. 7/01/04)

                 (4)    MANDATORY ATTENDANCE
                        Attendance at all CMCs is mandatory unless otherwise excused by the
                        Court.
(Eff. 1/01/06)

RULE 2           ALTERNATIVE DISPUTE RESOLUTION (ADR)

           A.    POLICY STATEMENT
                 Many cases can be resolved to the satisfaction of all parties without the necessity
                 of traditional litigation, which can be expensive, time consuming, and stressful.
                 The Court finds that it is in the best interests of the parties that they participate in
                 alternatives to traditional litigation, including arbitration, mediation, neutral
                 evaluation, special masters and referees, and voluntary settlement conferences.
                 Therefore, the Court will refer all general civil cases to an appropriate form of
                 ADR before they are set for trial, unless there is good cause to dispense with the
                 ADR requirement.
                 (1)    DISCLAIMER
                        The Court and the California Administrative Office of the Courts may not
                        defend or indemnify any ADR provider or neutral who serves on a court
                        related program, or who is listed on a court ADR provider list. ADR
                        providers are encouraged to seek errors and omissions insurance from a
                        qualified insurance provider.
(Eff. 1/01/03)
           B.    UNLIMITED CIVIL CASES
                 (1)    In unlimited civil cases, if all parties have appeared, then all parties may
                        stipulate to any form of ADR at any time. The Court has an ADR
                        Stipulation and Order Form for this purpose. (See attached form CV-
                        5008.) If the parties submit a signed ADR stipulation at least 15 calendar
                        days before a Case Management Conference (CMC), and the Court
                        approves the stipulation and the order is filed, the CMC will be canceled
                        and an ADR Status Conference will be scheduled. A stipulation to a type
                        of ADR other than judicial arbitration will not cancel a CMC unless it
                        contains the name of the ADR provider and the date on which the ADR
                        will be conducted.
(Eff. 1/01/11)



                                                    4
RULE 2 – con’t            SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                 (2)    If, at any time, the parties stipulate to a type of ADR other than judicial
                        arbitration, but have not already selected an ADR provider and date, then,
                        within 20 calendar days, plaintiff’s counsel must inform the ADR
                        Administrator in writing of the name of the ADR provider and the date on
                        which the ADR will be conducted. Parties may use the Court’s ADR
                        Stipulation and Order Form for this purpose. (See attached form CV-
                        5008.)
(Eff. 1/01/11)
                 (3)    Parties who have previously stipulated to judicial arbitration may later
                        stipulate to mediation or neutral evaluation by submitting a signed ADR
                        stipulation and proposed order to the case management judge.
(Eff. 1/01/04)

                 (4)    If the parties stipulate to judicial arbitration, the arbitrator will be selected
                        pursuant to the procedure outlined in CRC 3.815.
(Eff. 7/01/07)
                 (5)    If the parties stipulate to Civil Early Settlement Conference, the procedure
                        will be governed by Local Civil Rule 4.
(Eff. 1/01/11)

           C.    LIMITED CIVIL CASES
                 In limited civil cases, if the parties file a signed ADR stipulation at least 15
                 calendar days before the first CMC, and the Court approves the stipulation and the
                 order is filed, the Court will cancel the conference and mail notice of an ADR
                 Status Conference. A stipulation to a type of ADR other than judicial arbitration
                 will not cancel the CMC unless it contains the name of the ADR provider and the
                 date on which the ADR will be conducted. If, prior to the initial CMC, the parties
                 have not stipulated to a form of ADR, the case management judge will decide the
                 appropriate form of ADR, if any, at the Conference.
(Eff. 1/01/11)

           D.    MEDIATORS AND NEUTRAL EVALUATORS
                 (1)    The ADR Administrator has a list of Court-approved ADR providers and
                        information about their qualifications, the services they provide, and the
                        fees they charge.
                 (2)    The parties may choose any ADR provider they wish, including a provider
                        who is not on the list of Court-approved ADR providers.
                 (3)    The ADR provider need not be an attorney.
                 (4)    All participants in the ADR process must participate in good faith.

                 (5)    In conducting a session, the ADR provider must require the attendance of
                        persons with full authority to resolve the dispute. The provider may not
                        permit a telephone appearance unless good cause was shown in a timely
                        manner before the session.


                                                   5
RULE 2 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         CIVIL RULES

                 (6)    Unless the ADR provider’s fees and expenses have been fixed by the
                        Court, the parties and the provider must agree on the fees and expenses.
                        The fees and expenses of the ADR provider must be borne by the parties
                        equally, unless they agree otherwise.
(Eff. 1/01/11)
           E.    COURT-APPROVED ADR PROVIDERS
                 (1)    Court-approved ADR providers must be available to accept at least one
                        pro bono or modest means case per year.
                 (2)    When an ADR provider is added to the list of court-approved ADR
                        providers, the ADR Administrator will send the following documents to
                        the provider:
                        a.      An ADR Attendance Form;
                        b.      An ADR Provider’s Statement – whether an agreement was
                                reached;
                        c.      An ADR Evaluation, to be filled out separately by the parties and
                                their counsel.
                 (3)    At the conclusion of the ADR process, the provider must give copies of
                        the ADR Evaluation to the parties and their counsel. Within the next 10
                        calendar days, the provider must complete the ADR Provider’s Statement
                        and sends it to the ADR Administrator. A mediator must maintain the
                        Attendance Sheet in Compliance with CRC 3.860 (a).
(Eff. 7/01/11)

           F.    ADR COMPLIANCE
                 Once a case has been set for an ADR review hearing, it is the Court’s expectation
                 that ADR will be completed by the date of the ADR review hearing. Failure to
                 complete ADR by the date of the ADR review hearing may lead to sanctions up to
                 and including vacation of the ADR order and setting the case for trial or trial
                 setting.
(Eff. 1/01/11)

           G.    ADR GRIEVANCE PROCEDURE

                 It is the goal of the Superior Court of California, County of Santa Clara ADR
                 Program to encourage excellence and the highest ethical standards in ADR
                 practice. The Santa Clara Superior Court has established the following procedure
                 for handling grievances regarding the conduct of any neutral serving on any of the
                 Civil Division’s ADR programs.
(Eff. 7/01/09)
                 (1)    All complaints regarding the conduct of ADR program neutrals must be
                        submitted in writing to the designated Complaint Coordinator under CRC
                        3.867(a).
(Eff. 7/01/09)

                                                 6
RULE 2 – con’t           SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        CIVIL RULES

                 (2)   When a complaint regarding a neutral is received by the Court, it will be
                       directed to the Complaint Coordinator for processing. The Complaint
                       Coordinator will send a written acknowledgment of the receipt of the
                       complaint to the complainant.
(Eff. 7/01/09)
                 (3)   The Complaint Coordinator will assemble available information regarding
                       the complaint, and preliminarily review the complaint to determine the
                       appropriate response. The Complaint Coordinator may respond directly to
                       the complainant, or may refer the complaint to the Civil Supervising Judge
                       for review.
(Eff. 7/01/09)
                 (4)   Upon referral from the Complaint Coordinator, the Civil Supervising
                       Judge will promptly review the complaint and determine whether further
                       investigation is appropriate. If the Civil Supervising Judge finds a
                       complaint does not warrant further investigation, no further action will be
                       taken.
(Eff. 7/01/09)
                 (5)   The Civil Supervising Judge will refer all other complaints to an
                       investigative subcommittee of the Court ADR Committee.
(Eff. 7/01/09)
                 (6)   The investigative subcommittee of the ADR Committee will review the
                       complaint, conduct an investigation, and make a recommendation for
                       action to be taken by an appointed subcommittee of the Civil Committee
                       of the Bench. A copy of the complaint will be provided to the neutral, who
                       will be allowed an opportunity to respond. The appointed subcommittee
                       may recommend that no further action be taken on the complaint, that the
                       neutral be counseled, admonished, or reprimanded, that further training be
                       required, or that the neutral be suspended or removed from the Court’s
                       ADR program panel. The final decision on the appropriate action to be
                       taken, based on this recommendation, will be made by the Presiding Judge
                       or his or her designee. The retention of neutrals on the Court’s ADR
                       program panel is at the sole discretion of the Court. The neutral will be
                       notified promptly in writing of the final decision.
(Eff. 7/01/09)
                 (7)   Each complainant will be notified promptly in writing of the disposition of
                       the complaint.
(Eff. 7/01/09)
                 (8)   All papers filed and proceedings conducted on a complaint against a
                       neutral will be confidential to the same extent the particular ADR
                       procedure is confidential.
(Eff. 7/01/09)
                 (9)   Each member of the investigative subcommittee and the appointed
                       subcommittee, as well as the Civil Supervising Judge and the final
                       decision maker on the complaint, will be covered by the disqualification
                       under CRC 3.872.
(Eff. 7/01/09)




                                                7
                      SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                   CIVIL RULES

RULE 3    JUDGES ADR PROGRAM
          Parties may apply at the earliest opportunity to participate in an ADR session with
          a sitting civil judge. These ADR options include mediation and settlement
          conferences. The program is governed by the following rules:
     A.   ELIGIBILITY/CRITERIA FOR PARTICIPATION
          (1)    The case, if tried with or without a jury, would consume significant court
                 resources.
          (2)    The parties and their attorneys represent in good faith that they desire to
                 resolve the case, and that they agree to participate in an ADR session with
                 an agreed-upon judge.
          (3)    The parties are prepared to complete an ADR session as soon as the case is
                 accepted into the program.
          (4)    The Court has obtained jurisdiction over all necessary parties so that a
                 resolution resulting from an ADR session will be final.
          (5)    The Supervising Civil Judge accepts the case for the program despite the
                 failure to satisfy one or more of the above-stated criteria.
     B.   PROCEDURE
          (1)    Application must be made on the Judges ADR Program Stipulation and
                 Order form (see attached form CV-5017). The application must be signed
                 by all counsel and self-represented parties.
          (2)    The application must be submitted to and approved by the Civil
                 Supervising Judge.
          (3)    When the application is approved, counsel and/or self-represented parties
                 must promptly contact the department of the judge selected to conduct the
                 ADR session, to schedule the session. ADR sessions will be conducted on
                 Fridays, unless otherwise ordered by the ADR judge.
          (4)    When the application is approved, all law and motion and discovery
                 proceedings shall be stayed until completion of the ADR session, and all
                 case management conferences shall be vacated, except as otherwise
                 ordered by the Court.
          (5)    Good faith participation in the ADR session by all parties will satisfy the
                 requirement of Rule 2 that parties participate in alternative dispute
                 resolution before a case is set for trial.




                                           8
RULE 3 – con’t        SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                    CIVIL RULES

      C.    TIMELINE
            (1)   The ADR session shall commence within thirty days of approval of the
                  application, and shall be completed no later than sixty days after approval
                  of the application, except as otherwise ordered by the Court.
            (2)   The case will be set for Mediation Status Review approximately seventy
                  days after approval of the application.
      D.    PERSONS ATTENDING/STATEMENTS
            (1)   Lead counsel, parties, and persons with full authority to settle the case
                  must personally attend the ADR session, unless excused by the ADR
                  judge for good cause. If any consent to settle is required for any reason,
                  the person or persons with that consensual authority must be personally
                  present at the ADR session, unless excused by the ADR judge for good
                  cause.
            (2)   Counsel and self-represented parties must submit to the ADR judge and
                  serve on all parties, but not file, full written statements of their position
                  regarding settlement no later than five calendar days before the ADR
                  session.
      E.    MEDIATION
            (1)   Mediation conducted under the Judges ADR Program is conducted under
                  Evidence Code §§ 1115-1128, which provide for confidentiality of
                  communication.
            (2)   If mediation before the ADR judge results in settlement, the parties may
                  place their agreement on the record, or they may report the case settled
                  and privately execute a written settlement agreement. In either case, the
                  parties may stipulate that the Court shall retain jurisdiction over them to
                  enforce the settlement, pursuant to Code of Civil Procedure § 664.6. If the
                  terms of settlement are placed on the record, or if a party moves to enforce
                  the settlement, the terms of settlement shall not be confidential, unless a
                  party seeking confidentiality complies with CRC 2.550, et seq.
      F.    SETTLEMENT CONFERENCE
            (1)   A settlement conference conducted under the Judges ADR Program is
                  conducted under CRC 3.1380. There is no provision for confidentiality of
                  communication, except as provided in Evidence Code § 1152(a).
            (2)   If a settlement conference before the ADR judge results in settlement, the
                  parties may place their agreement on the record, or they may report the
                  case settled and privately execute a written settlement agreement. In
                  either case, the parties may stipulate that the Court shall retain jurisdiction


                                            9
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                       over them to enforce the settlement, pursuant to Code of Civil Procedure
                       § 664.6.
           G.   FURTHER COURT PROCEEDINGS
                (1)    Except as provided in paragraphs E(2) and F(2) above, the ADR judge
                       will recuse himself or herself from acting in any further court proceedings
                       in the case, unless the parties stipulate in writing that the judge may so act.
                (2)    The ADR judge shall be subject to the provisions of Evidence Code
                       § 703.5.
                (3)    ADR judges are bound by the disqualification and recusal requirements of
                       Code of Civil Procedure § 170.1, et seq., and by the disclosure
                       requirements of the Canons of Judicial Ethics.
(Eff. 1/1/08)

RULE 4          CIVIL EARLY SETTLEMENT CONFERENCE PROGRAM
                The Civil Early Settlement Conference Program is available to parties who
                stipulate, using the ADR Stipulation and Order Form (see attached form
                CV-5008), to have a neutral attorney conduct a settlement conference in their case
                at the neutral’s office or other agreed place. The program is governed by the
                following rules:
(Eff. 7/1/08)
           A.   SELECTION OF NEUTRAL
(Eff. 7/1/12)
                All parties and counsel must agree upon the neutral, or agree to allow the Court to
                select the neutral. The parties may, but are not required to, select the neutral from
                the Court’s list of program neutrals available from the Court’s ADR web page. If
                parties want to select their own neutral, the clerk’s office will hold the stipulation
                or order to Early Settlement Conference for 10 court days from the date of receipt,
                to allow parties to select their neutral. If the Court does not receive a selection
                from parties within 10 court days, the court will assign the case to the next
                available neutral. If the parties allow the Court to select the neutral, the Court will
                assign a neutral from the Court’s list. The Court has not screened neutrals for
                training or experience and makes no warranty regarding their ability.
(Eff. 7/1/12)

           B.   STIPULATION AND CMC
(Eff. 7/1/12)
                All parties must complete the ADR Stipulation and Order Form, checking the box
                “Early Settlement Conference,” and must file the form in the Clerk’s Office.
(Eff. 7/1/08)




                                                  10
RULE 4 – con’t            SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         CIVIL RULES

                If the form is filed at least 15 calendar days before the initial Case Management
                Conference (CMC), the conference will be vacated. If the case is a limited
                jurisdiction case, it will be set for a trial setting conference to be held
                approximately 90 calendar days after the vacated initial CMC. If the case is an
                unlimited jurisdiction case, it will be set for ADR review approximately 90
                calendar days after the vacated initial CMC.
(Eff. 7/1/08)

                If the ADR Stipulation and Order form is filed after the initial CMC, upon
                approval of the Court, any pending CMC will be vacated and the case will be set
                for ADR review in approximately 60 calendar days.
(Eff. 7/1/08)

           C.   LOCATION OF HEARING
(Eff. 7/1/12)
                Plaintiff’s counsel must contact the office of the selected neutral to arrange a
                settlement conference location, date, and time agreeable to all parties. Court
                facilities are not available for the conferences.
           D.   NEUTRAL FEES AND CHARGES
(Eff. 7/1/12)
                The Court will pay the neutral a flat fee of $150.00 for up to three hours of the
                neutral’s time. Neutrals will be paid from the same fund and in the same manner
                as judicial arbitrators. No additional charges, such as travel, parking, or space
                rental, are to be added to the neutral’s flat fee. Parties and counsel must negotiate
                directly with the neutral to obtain more than three hours of the neutral’s time. Pro
                bono services are available to a party who has qualified for a waiver of court fees
                under CRC 3.50, et seq. If a settlement conference is cancelled within five
                calendar days of the scheduled date of the conference, the neutral may apply ex
                parte or make a motion to the Court to be permitted to charge the cancelling party
                at the neutral’s normal hourly rate for the cost of the neutral’s time that was set
                aside for the cancelled settlement conference.
(Eff. 7/1/12)

           E.   CONFERENCES NOT CONFIDENTIAL
(Eff. 7/1/12)
                A settlement conference conducted under the Civil Early Settlement Conference
                Program is conducted under CRC 3.1380. It is not a mediation, as defined in
                Evidence Code § 1115. There is no provision for confidentiality of
                communication, except as provided in Evidence Code § 1152(a).
           F.   ATTENDANCE AND AUTHORITY
(Eff. 7/1/12)
                Parties and counsel must comply with CRC 3.1380, unless the neutral excuses
                compliance.
           G.   NOTIFICATION OF SETTLEMENT
(Eff. 7/1/12)
                Following settlement of the case, plaintiff’s counsel must promptly notify the
                Court, as required by CRC 3.1385.

                                                 11
RULE 4 – con’t            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                         CIVIL RULES

           H.   GRIEVANCES
(Eff. 7/1/12)
                Any grievance regarding a neutral will be handled pursuant to Local Civil Rule
                2G.
(Eff. 1/1/08)

RULE 5          LOAN MODIFICATION SETTLEMENT CONFERENCE (LMSC)

                The Loan Modification Settlement Conference (LMSC) program is designed to
                facilitate faster resolution for alleged wrongful foreclosure cases. The LMSC
                program is available in any case wherein Plaintiff’s complaint is accompanied or
                followed by a Request for Temporary Restraining Order (TRO) to stop the sale of
                the Plaintiff’s home.
                A.     STIPULATION
                       The Plaintiff will receive information from the Case Management judge
                       about the Loan Modification Settlement Conference (LMSC) program at
                       the initial application for temporary restraining order (TRO). Plaintiff is
                       responsible for notifying Defendant of the LMSC program. The parties
                       must stipulate to an LMSC within 15 days after the TRO hearing, or seven
                       days before Preliminary Injunction hearing, whichever is later. If the
                       parties stipulate, the judge will sign the LMSC stipulation (attached local
                       form CV-5059), and the Preliminary Injunction hearing will be taken off
                       calendar. If the LMSC stipulation is not timely filed, and signed by the
                       judge, the Preliminary Injunction hearing will normally be held within 22
                       days of the TRO hearing.
                       When an LMSC stipulation is filed, foreclosure activity is stayed 90 days.
                       A Readiness Conference will be set 30 days after the filing of the LMSC
                       stipulation. Notice of the hearings will be mailed to all parties. The
                       LMSC hearing date will be set on a Wednesday Mandatory Settlement
                       Conference calendar. A specially assigned temporary judge will hear the
                       case. The initial Case Management Conference will remain set at the date
                       set 120 days after filing, or will be rescheduled for 90 days after the filing
                       of the LMSC stipulation, whichever is later.
                B.     NEUTRALS
                       The case will be assigned to a specially trained LMSC temporary judge.
                       The assignment will be made at the time the stipulation is filed
                       (approximately 45 days prior to the LMSC) based on the LMSC neutrals’
                       availability. A letter of neutral assignment will be mailed to the parties,
                       counsel and neutral. All parties will provide worksheet and other
                       materials prepared for the LMSC to the assigned neutral at




                                                12
RULE 5 – con’t             SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                          CIVIL RULES

                        least 10 days in advance of the LMSC. LMSC materials will not be filed
                        or lodged with the Court.
                 C.     SETTLEMENT
                        If a settlement is reached at the LMSC hearing, parties will sign a written
                        agreement memorializing the terms of the settlement (attached local form
                        CV-5060). Plaintiff will notify the Court of the settlement. The Court will
                        set the case for Dismissal Review in 90 days to allow completion of the
                        settlement. Once the settlement terms are performed, plaintiff will dismiss
                        the case. If there is no settlement, parties will appear at the scheduled
                        CMC and proceed with the lawsuit.
(Eff. 1/01/13)


RULE 6           JUDICIAL ARBITRATION
           A.    ASSIGNMENT OF ARBITRATOR
                 Provided that all parties have answered and filed a Case Management Statement,
                 within 15 days of receiving a court-approved order to judicial arbitration, the
                 court’s arbitration administrator will send each party a list of names of arbitrators
                 from the court’s judicial arbitrator list. Each party has 10 days to strike one name
                 from the list and return it to the court’s arbitration administrator. Within 30 days,
                 the Court’s arbitration administrator will appoint at random one of the remaining
                 arbitrators. If the appointed arbitrator is not immediately available, the case will
                 be assigned as soon as the appointed arbitrator becomes available. The appointed
                 arbitrator will contact counsel and each self represented party to set a date and
                 time for the arbitration hearing.
           B.    PLEADINGS SUBMITTED TO ARBITRATOR
                 At least five court days prior to the scheduled arbitration hearing, each party must
                 lodge with the arbitrator a copy of his or her latest pleadings.
(Eff. 7/01/02)

           C.    LENGTH OF ARBITRATION HEARINGS
                 Hearings must not exceed three hours, or in the arbitrator's discretion, upon good
                 cause shown, a maximum of five hours except as otherwise provided herein. If
                 any party believes that the hearing will require more than five hours ("lengthy
                 hearing"), that party may obtain permission for such lengthy hearing by either:
                 (1)    Filing at least five court days before the hearing a written stipulation
                        among the parties and the arbitrator for a lengthy hearing and providing
                        for payment by the parties of a reasonable rate of compensation for the
                        arbitrator for each hour of hearing in excess of five hours; or




                                                  13
RULE 6– con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                          CIVIL RULES

                 (2)    Obtaining a court order by written application showing good cause for a
                        lengthy hearing made to the court at or before the time when the matter is
                        referred to arbitration.
(Eff. 7/01/02)

           D.    FILING OF AWARD
                 The arbitrator must file the award with the Court within 10 days of the completion
                 of the arbitration hearing. If the arbitrator cannot file the award within that time
                 frame, the arbitrator may request an extension from the case management judge.
           E.    FAILURE TO ARBITRATE
                 If the arbitration is not held within 90 days after the assignment of the arbitrator,
                 counsel and each self represented party must appear at the ADR Status
                 Conference. The case management judge may re-order the case to arbitration or
                 vacate the order to arbitration and set the case for trial.
(Eff. 7/01/02)

RULE 7           PRETRIAL MOTIONS AND EX-PARTE PROCEEDINGS
           A.    UNLIMITED CIVIL CASES
                 (1)    Pre-trial motions that do not pertain to discovery matters are heard on the
                        law and motion calendar in the department of the case management judge.
                        The law and motion calendar is called on Tuesdays and Thursdays at 9:00
                        a.m.
                 (2)    Discovery motions are heard on the discovery calendar in the Discovery
                        Department. The discovery calendar is called on Fridays at 9:00 a.m.
(Eff. 1/01/03)
           B.    LIMITED CIVIL CASES
                 All pretrial motions, including discovery motions, are heard on the law and
                 motion calendar in the department of the case management judge. The law and
                 motion calendar is called on Tuesdays and Thursdays at 9:00 a.m. In South
                 County, the law and motion calendar is called on Mondays at 9:00 a.m.
(Eff. 1/01/03)

           C.    SCHEDULING HEARINGS
                 A party seeking a hearing date on the law and motion calendar or the discovery
                 calendar must contact the calendar clerk to obtain approved alternate dates for the
                 hearing. If possible, the party should obtain agreement to one of the alternate
                 dates from all opposing parties. When a date is chosen, the party must inform the
                 calendar clerk.
(Eff. 1/01/03)
           D.    CONTINUANCES AND REQUESTS TO TAKE MOTIONS OFF CALENDAR
                 A scheduled motion may be continued only upon application to the judge who is
                 to hear the motion, upon a showing of good cause. A scheduled motion may be

                                                  14
RULE 7– con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

                 taken off calendar by the moving party no later than on the third court day before
                 the hearing, and thereafter only with the permission of the judge who is to hear
                 the motion. Any request for relief by the party responding to the motion will
                 remain set for hearing unless continued or withdrawn by that party.
(Eff. 1/01/12)


           E.    TENTATIVE RULINGS

                 The Court follows CRC 3.1308(a)(1) for those departments that have elected to
                 issue tentative rulings in civil law and motion and discovery matters. Counsel and
                 litigants are responsible for determining whether the department hearing their
                 motion has made this election. Those departments issuing tentative rulings will do
                 so generally by 2:00 p.m., and no later than 3:00 p.m., on the court day preceding
                 the scheduled hearing. If the Court has not directed oral argument, a party
                 contesting a tentative ruling must give notice of its intention to appear to the other
                 side and the Court no later than 4:00 P.M. on the court day preceding the
                 scheduled hearing. Appearances may be by telephone (through CourtCall) or in
                 person. The tentative ruling will automatically become the order of the Court on
                 the scheduled hearing date if the Court has not directed oral argument and if the
                 contesting party fails to timely notice an objection to the other side and the Court.
                 Tentative rulings will be posted on the Court’s website, www.scscourt.org, where
                 further information may be found. If a party does not have access to the internet,
                 the tentative ruling may be accessed by calling Court Services at (408) 882-2515.
                 Questions about these procedures may be addressed to the specific department
                 where the matter is to be heard.
(Eff. 1/01/10)

           F.    EX PARTE APPLICATIONS
                 Ex parte applications are heard every court day between 8:15 and 9:00 a.m. If the
                 ex-parte application concerns a discovery matter, it must be brought to the
                 Discovery Department. Otherwise, it must be brought to the department of the
                 case management judge. The moving party or self-represented party applying for
                 a civil harassment, elder abuse, private postsecondary school violence, transitional
                 housing misconduct, or workplace violence restraining order must submit a
                 Declaration in Support of Ex Parte Application for Civil Restraining Orders
                 (attached form CV-5014). In South County, ex parte applications are heard every
                 court day at 1:00 p.m. All ex parte applications are heard only in compliance with
                 CRC 3.1203(a), which requires notice to all parties no later than 10:00 a.m. the
                 court day before the ex parte appearance, absent a showing of exceptional
                 circumstances that justify a shorter time for notice.
(Eff. 1/01/13)




                                                  15
                             SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

RULE 8           TRIAL SETTING, MANDATORY SETTLEMENT CONFERENCES AND
                 TRIAL
           A.    TRIAL SETTING
                 The trial date will be set by the case management judge at a Trial-Setting
                 Conference or other conference. If the time estimated for trial is more than one
                 day, a Mandatory Settlement Conference will be scheduled to take place during
                 the week before the trial date.
           B.    MANDATORY SETTLEMENT CONFERENCE
                 If a Mandatory Settlement Conference has been scheduled, the Court will send
                 written notice of the time, date, and department. No later than five court days
                 before the date set for the settlement conference, each party must submit to the
                 Court and serve on each party a Settlement Conference Statement not to exceed
                 five pages, excluding exhibits. The conference will be supervised by a judge or
                 temporary judge. Lead counsel, parties and persons with full authority to settle
                 the case must personally attend unless excused by the Court.
(Eff. 1/01/13)
                 If insurance coverage is available to satisfy plaintiff's settlement demand and a
                 representative of defendant's insurer with full settlement authority attends the
                 mandatory settlement conference with defendant's lead counsel, named
                 defendants need not attend unless their personal consent is necessary to settle the
                 case. Named defendants must also personally attend the mandatory settlement
                 conference when (1) there is an insurance coverage dispute; (2) plaintiff seeks to
                 recover damages not covered by insurance; or (3) plaintiff's demand exceeds
                 insurance policy limits.
(Eff. 1/01/13)
           C.    ASSIGNMENT TO TRIAL
                 Before the date set for trial, the Court will advise the parties by telephone if the
                 case is assigned to a trial judge or placed on standby.

           D.    SERVICE AND LODGING OF DOCUMENTS
                 Unless the case was settled at the Mandatory Settlement Conference or dismissed
                 in full prior thereto, or unless otherwise ordered by the Court, the following items
                 must be lodged in the department of the trial judge or, if none, with the Court’s
                 calendar secretary, and served on all other parties by noon on the last court day
                 before the date set for trial:
(Eff. 7/1/05)
                 (1)    all in limine motions;
                 (2)    exhibit lists, except impeachment exhibits;
                 (3)    witness lists, except impeachment witnesses, and unusual scheduling
                        problems;


                                                   16
RULE 8 – con’t               SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                          CIVIL RULES

                 (4)    jury instruction requests, except for instructions that cannot reasonably be
                        anticipated prior to trial;
                 (5)    proposed special verdicts;
                 (6)    any stipulations on factual or legal issues;
                 (7)    a concise, non-argumentative statement of the case to be read to the jury in
                        jury trials;
                 (8)    trial briefs.

           E.    APPEARANCE ON THE DATE SET FOR TRIAL
                 Trial counsel must appear in the department assigned for trial at 8:45 a.m. on the
                 date set for trial, unless otherwise instructed by the Court’s calendar secretary.
(Eff. 7/01/02)
           F.    EXPEDITED JURY TRIALS

                 (1)    The provisions of Rule 7A through E do not apply to expedited jury trials
                        conducted pursuant to Code of Civil Procedure (CCP) § 630.01, except as
                        specified in the consent order or as ordered by the trial judicial officer.

                 (2)    Parties desiring to participate in an expedited jury trial may submit to the
                        case management judge at any pretrial Case Management Conference, but
                        no later than the Trial Setting Conference, a proposed consent order fully
                        compliant with CCP § 630.03(e). (See attached form CV-5056). If no
                        Case Management Conference is scheduled, the parties may submit a
                        stipulated proposed consent order ex parte or by motion. The case
                        management judge, if adopting the proposed consent order, will set a
                        pretrial conference pursuant to CRC 3.1548(f) in the department of the
                        trial judicial officer.
                 (3)    The pretrial exchange required by CRC 3.1548(b) shall be served no later
                        than 10 days before the pretrial conference. The service of the
                        supplemental exchange required by CRC 3.1548(c), the filing required by
                        CRC 3.1548(d), and the exchange of items required by CRC 3.1551(b),
                        shall take place no later than five days before the pretrial conference.
(Eff. 7/01/11)

RULE 9           PROPOSED ORDERS
                 Any proposed order submitted to the Court for signature must contain a footer
                 with the title of the order on every page, including the signature page, unless it is
                 a Judicial Council form. In addition, the Court signature and date lines must not
                 be on a page by themselves; the signature page must contain some text of the
                 order.
(Eff. 1/01/10)



                                                  17
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

RULE 10          SANCTIONS
                 If any counsel, a party represented by counsel, or a party unrepresented by
                 counsel, fails to comply with any of the requirements of these rules, the Court, on
                 motion of a party or on its own motion, may strike out all or any part of any
                 pleading of that party, or dismiss the action or proceeding or any part thereof, or
                 enter a judgment by default against that party, or impose penalties of a lesser
                 nature as otherwise provided by law, and may order that party or his or her
                 counsel to pay to the moving party the reasonable expenses in making the motion,
                 including reasonable attorney fees. Alternatively, the Court may impose a
                 monetary sanction.
(Eff. 7/01/02)

RULE 11          TELEPHONIC APPEARANCES
           A.    PROCEEDINGS IN WHICH PERMITTED
                 Unless otherwise ordered, parties may appear by telephone at a case management
                 conference, trial setting conference, or at a hearing for dismissal review,
                 arbitration or mediation status review, law and motion, and discovery matters. A
                 party may appear by telephone for other matters only by leave of Court.
(Eff. 7/1/05)
           B.    PRIVATE VENDOR TO PROVIDE TELECONFERENCING SERVICES
                 In accordance with CRC 3.670, the Court has contracted with CourtCall, LLC to
                 provide teleconferencing services for court appearances. A party who chooses to
                 appear by telephone must submit to CourtCall, at least three court days before the
                 appearance, the CourtCall form requesting telephonic appearance together with
                 the fee for CourtCall’s service. Information as to the form and fee may be
                 obtained directly from CourtCall at 1-888-88-COURT.
(Eff. 7/1/08)

           C.    NOTICE BY PARTY
                 A party who chooses to appear by telephone will satisfy the requirement of CRC
                 3.670 for notice to the Court by timely providing to CourtCall the CourtCall
                 telephonic appearance request form, which CourtCall will promptly fax to the
                 Court. A party who chooses to appear by telephone must notify all other parties of
                 the party’s intent to appear by telephone in the manner required by CRC 3.670.
(Eff. 7/1/07)

           D.    AVAILABILITY/PROTOCOL
                 A party appearing by telephone must call the toll free teleconference line
                 designated by CourtCall at least five minutes before the scheduled conference or
                 hearing, to check in.
                 A party appearing by telephone must be available from the commencement of the
                 applicable calendar until the completion of the party’s conference or hearing, and
                 must (a) eliminate to the greatest extent possible all ambient noise from the

                                                 18
RULE 11 – con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

                 party’s location, (b) speak directly into a telephone handset, (c) not call in with a
                 cellular or cordless telephone device or through a personal computer, and (d) not
                 use the “hold” button. A party appearing by telephone must state his or her name
                 for the record each time the party speaks, and must participate in the hearing with
                 the same degree of courtesy and courtroom etiquette required for a personal
                 appearance.
(Eff. 7/1/05)
           E.    CONTINUANCE
                 If a party requests a continuance of a conference or hearing after another party has
                 timely notified the Court of an intent to appear by telephone, the party requesting
                 the telephonic appearance must contact CourtCall to reschedule the telephonic
                 appearances if the continuance is granted.
(Eff. 7/1/05)

RULE 12          UNLAWFUL DETAINER CASES
           A.    PURPOSE
                 This rule is promulgated to deal with the special problems created by the
                 summary nature of unlawful detainer proceedings. The term “unlawful detainer
                 cases” refers to all cases filed pursuant to Chapter 4 of Title 3 of Part 3 of the
                 Code of Civil Procedure and, thus, includes forcible entry and forcible detainer
                 cases.
(Eff. 7/01/02)

           B.    DESIGNATION OF UNLAWFUL DETAINER CASES
                 The Court will designate a case as an “unlawful detainer case” when the
                 complaint is filed if 1) the caption alleges unlawful detainer, forcible entry or
                 forcible detainer, and 2) the prayer seeks restitution of possession of real property.
(Eff. 7/01/02)

           C.    PROPER COURTHOUSE FOR FILING AN UNLAWFUL DETAINER
                 CASE
                 (1)    An unlawful detainer case that concerns real property with a Gilroy,
                        Morgan Hill or San Martin mailing address must be filed in the South
                        County Courthouse if the amount in controversy is $25,000 or less.
                 (2)    All other unlawful detainer cases must be filed in the Downtown Superior
                        Court.
                 (3)    An unlawful detainer case that was properly filed in the South County
                        Courthouse may remain there even if the amount in controversy rises
                        above $25,000 as a result of delay in the prosecution of the case.
                 (4)    Upon the motion of a party, or the court’s own motion, for good cause
                        shown, an unlawful detainer case may be transferred from the South
                        County Courthouse to the Downtown Superior Court or vice versa.
(Eff. 7/01/02)

                                                  19
RULE 12 – con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

           D.    UNLAWFUL DETAINER CASES IN DOWNTOWN SUPERIOR COURT
                 (1)    All unlawful detainer cases are assigned to the Unlawful Detainer
                        Department designated by the Presiding Judge.
                 (2)    Ex-parte applications are heard every court day between 8:15 a.m. and
                        9:00 a.m.
                 (3)    Noticed motions are heard at 9:15 a.m. on Wednesday, Thursday, and
                        Friday.
(Eff. 7/1/08)
                 (4)    Court trials are heard at 9:00 a.m. on Wednesday, Thursday, and Friday.
(Eff. 7/1/08)

                 (5)    Jury trials are heard in any available department in the Downtown
                        Superior Court.
                 (6)    Post-judgment claims of right to possession are heard at 9:15 a.m. on
                        Wednesday, Thursday, and Friday.
(Eff. 7/1/08)
           E.    UNLAWFUL DETAINER CASES IN SOUTH COUNTY COURTHOUSE
                 Each unlawful detainer case will be assigned to a department in the South County
                 Courthouse for all purposes.
           F.    NOTICED MOTIONS
                 Any party who wishes to bring a noticed motion must contact the appropriate
                 calendar clerk to obtain an approved date and time for the hearing.
           G.    TRIAL
                 Once the case is at issue, any party who has appeared, and has not been dismissed
                 and is not in default, may file a Request/Counter-Request to Set Case for Trial –
                 Unlawful Detainer (Judicial Council form UD-150). The Court will set the date
                 for trial and mail notice to all parties except those who have been dismissed. If a
                 Request/Counter-Request to Set Case for Trial is not filed within 60 days of the
                 filing of the Complaint, the Court may dismiss the action on its own motion
                 without further notice.
(Eff. 7/01/09)

           H.    CONVERSION TO ORDINARY CIVIL ACTION
                 If possession of the premises is surrendered to the plaintiff before trial, the case
                 will proceed as an unlawful detainer case unless one of the parties files a motion
                 for leave to file a pleading that will convert the case to an ordinary civil action. If
                 trial has already been set, the trial judge will hear the motion for leave to amend
                 before the trial. If the motion is granted, the court will vacate the trial,
                 redesignate the case as an ordinary civil action, and schedule a CMC. The case
                 will thereafter proceed as an ordinary civil action.
(Eff. 7/01/02)



                                                   20
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         CIVIL RULES

           I.    POST JUDGMENT CLAIM OF RIGHT TO POSSESSION
                 Upon receipt of a post-judgment claim of right to possession, the court will
                 schedule a hearing and mail notice to the plaintiff and the claimant.
(Eff. 7/01/02)

RULE 13          SCHEDULE OF REASONABLE ATTORNEY’S FEES
                 The Court has adopted a schedule of reasonable attorney’s fees. (See attached
                 form CV-5021.) The schedule applies to all cases in which a default judgment is
                 entered in favor of a party who pleaded and proved entitlement to reasonable
                 attorney’s fees.
(Eff. 7/01/06)

RULE 14          FACSIMILE FILING
           A.    GENERAL POLICY
                 The Superior Court of Santa Clara County hereby adopts CRC 2.300 et seq.,
                 allowing for the facsimile filing of documents in all civil cases.
(Eff. 7/01/07)

           B.    AGENCY FILING
                 Pursuant to CRC 2.303, the Court accepts for filing all documents submitted by
                 fax filing agencies, except those specified in CRC 2.300(b).
(Eff. 7/01/07)


RULE 15          ELECTRONIC FILING AND SERVICE
           A.    GENERAL
(Eff. 7/01/10)
                 (1)    DESIGNATED ACTIONS

                        All actions provisionally designated as complex pursuant to CRC
                        3.400(c), and all actions classified by the Complex Litigation Judge as
                        Complex Litigation, are designated for electronic filing and service unless
                        exempted by order of the Complex Litigation Judge for good cause.
(Eff. 7/01/10)
                 (2)    ELECTRONIC FILING SERVICE PROVIDER (VENDOR)
                        The Court has contracted with an electronic filing service provider
                        (Vendor) to furnish and maintain an electronic filing system for the Court.
                        The Court’s Electronic Filing Website address is http://www.scefiling.org.
                        The Court’s vendor is:
                        Andy Jamieson, Glotrans
                        2915 McClure St., Oakland, CA 94609
                        Telephone: (510) 208-4775
                        Email: support@glotrans.com
(Eff. 7/01/10)



                                                21
RULE 12 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

           B.    REGISTRATION    AND                DESIGNATION            OF      ELECTRONIC
                 NOTIFICATION ADDRESS
                 Each party who appears in an action designated for electronic filing and service
                 must promptly register with Vendor and provide an electronic notification address
                 at which the party agrees to accept service. Vendor will assign the party a
                 confidential login and password to the Court’s electronic filing system.
(Eff. 7/01/09)
           C.    ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS
                 Except as expressly provided in this Rule, or as expressly authorized by the Court,
                 all pleadings, motions, memoranda of law, declarations, orders, or other
                 documents filed in an action designated for electronic filing and service shall be
                 filed through the Court’s electronic filing system.
                 (1)    METHODS OF FILING
                        A document may be filed by:
                        a.      Using the confidential login and password provided by the Vendor
                                to transmit the document in electronic form over the Internet; or
                        b.      Mailing or faxing the document in paper form to Vendor, who
                                shall then convert it to electronic form, file it with the Court, and
                                serve it on designated parties. Parties choosing this method of
                                filing will be charged an additional fee reflecting Vendor’s then-
                                current published rates for this additional service.
                 (2)    FORMAT
                        A document submitted for electronic filing shall be in PDF format. The
                        document shall also comply with the Rules that would apply if the
                        document were filed in paper form.
                 (3)    MAINTENANCE OF ORIGINAL DOCUMENTS
                        An original of all documents filed electronically, including original
                        signatures, shall be maintained by the party filing the document.
                 (4)    COMPLETION OF FILING
                        When a party transmits a document in electronic form over the Internet for
                        filing through the Court’s electronic filing system, a confirmation of
                        receipt will be sent to the party’s electronic notification address. The
                        Court will promptly review the document and send a notice indicating
                        whether the document has been accepted for filing or rejected.
                 (5)    DATE OF FILING
                        A document may be electronically transmitted to the Court’s electronic
                        filing system at any time on any day. If the document is accepted for
                                                 22
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                        filing, the date of filing will be the date on which the document was
                        transmitted, provided that the transmission occurred prior to 5:00 p.m.
                        Pacific Standard time on a court day. Otherwise, the date of filing will be
                        the next court day.

                 (6)    SYSTEM OR USER FILING ERRORS
                        If a document is rejected because of (1) an error in the transmission of the
                        document to the Vendor which was unknown to the transmitting party, or
                        (2) a failure to process the electronic transmission, the Court may enter an
                        order permitting the document to be filed nunc pro tunc.
(Eff. 7/01/10)

           D.    ELECTRONIC SUMMONS

                 On electronic filing of a complaint, a petition, or another document that must be
                 served with a summons, the party shall electronically transmit the summons with
                 the document.
(Eff. 7/01/10)

           E.    ELECTRONIC SERVICE OF PLEADINGS AND OTHER DOCUMENTS

                 All parties shall serve other parties through the Court’s electronic filing system.
                 Parties, or their designated counsel, shall receive all documents electronically
                 filed and served upon them via access to the Court’s electronic filing system.
                 However, a Motion for Determination of Good Faith Settlement may alternatively
                 be served pursuant to Code of Civil Procedure § 877.6, subd. (a)(2).

                 (1)    EFFECT OF ELECTRONIC SERVICE

                        The electronic service of a pleading or other document shall be valid and
                        effective service on all participants and shall have the same legal effect as
                        an original paper document.

                 (2)    SERVICE OF ELECTRONICALLY FILED DOCUMENTS
                        The Vendor will provide electronic service for all documents requiring
                        service, including those which are not filed with the Court.

                 (3)    SYSTEM OR USER SERVICE ERRORS
                        If electronic service on a party does not occur because of (1) an error in
                        the transmission of the document to a party which error was unknown to
                        the serving party or Vendor, (2) a failure to process the electronic filing
                        for service when received by the Vendor, or (3) the party’s erroneous
                        exclusion from the service list, the party to be served, in the absence of
                        extraordinary circumstances, shall be entitled to an order extending the
                        date for any response or the period within which any right, duty or other
                        act must be performed.
(Eff. 7/01/10)

                                                 23
RULE 12 – con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           CIVIL RULES

           F.    CONVENTIONAL FILING OF DOCUMENTS

                 Parties required to file electronically under this Rule may be excused from filing a
                 particular document electronically if it is not available in electronic format and it
                 is not feasible for the filer to convert it to electronic format by scanning it to PDF.
                 Such a document may be manually filed with the Clerk of Court and served upon
                 the parties in accordance with the applicable provisions of the Code of Civil
                 Procedure and the California Rules of Court for filing and service of non-
                 electronic documents. Parties manually filing a document shall file electronically
                 a Notice of Manual Filing setting forth the reason the document cannot be filed
                 electronically.

                 (1)    DOCUMENTS FILED UNDER SEAL
                        A motion to file documents under seal shall be filed and served
                        electronically. However, documents lodged with the Court conditionally
                        under seal, as provided in CRC 2.551(d), shall be submitted in paper form,
                        pending hearing on a motion to seal.

                 (2)    EXHIBITS AND REAL OBJECTS
                        Exhibits to declarations that are real objects (such as construction
                        materials or core samples) or other documents (such as plans or manuals)
                        that may not be comprehensively viewed in an electronic format may be
                        filed and served conventionally.
                 (3)    LODGMENTS

                        Documents attached to a Notice of Lodgment may be lodged and served
                        conventionally in paper form. However, the actual document entitled
                        “Notice of Lodgment” shall be filed electronically.
(Eff. 7/01/10)

           G.    COLLECTION OF FEES

                 (1)    COURT FEES
                        Parties shall pay statutory filing fees to Vendor by credit card at the time
                        of the electronic filing.
                 (2)    VENDOR FEES
                        Fees charged by Vendor to parties or attorneys for access to and electronic
                        transmission of documents are solely the property of Vendor and are in
                        addition to any charges for statutory filing fees of the Superior Court.
(Eff. 7/01/10)




                                                   24
RULE 12 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         CIVIL RULES


           H.    ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER
                 PAPERS
                 The Court may issue, file, and serve notices, orders, and other documents
                 electronically, subject to the provisions of this Rule. No paper service will be
                 made by the Court.
(Eff. 7/01/10)

           I.    PUBLIC ACCESS AND PRIVACY

                 (1)    PERSONAL IDENTIFIERS
                        Except as provided in CRC 2.500 through 2.507, an electronically filed
                        document is a public document at the time it is filed unless it is sealed
                        under CRC 2.551(b) or made confidential by law. In order to promote
                        electronic access to case files while also protecting personal privacy and
                        other legitimate interests, parties must refrain from including, or must
                        redact where inclusion is necessary, the following personal data identifiers
                        from all pleadings and other papers filed with the Court under this Rule,
                        including exhibits, whether filed electronically or in paper, unless
                        otherwise ordered by the Court:
                        a.     Social Security numbers. If an individual’s social security number
                               must be included, only the last four digits shall be used.
                        b.     Names of minor children. If a minor child must be mentioned,
                               only the initials of that child shall be used.
                        c.     Dates of birth. If an individual’s date of birth must be included,
                               only the year shall be used.
                        d.     Financial account numbers. If financial account numbers are
                               relevant, only the last four digits shall be used.
                 (2)    PRIVILEGED OR CONFIDENTIAL INFORMATION
                        No party shall intentionally include within pleadings, nor attach as
                        exhibits, any matter that the party knows to be properly subject to a claim
                        of privilege or confidentiality.
                 (3)    FILING OF SENSITIVE DOCUMENTS
                        A party wishing to file a document containing the personal data identifiers
                        listed above, or material known to be subject to a claim of privilege, may
                        file an unredacted document under seal as provided in this Rule. The
                        party must file a redacted copy for the public file.




                                                 25
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                 (4)    RESPONSIBILITY FOR REDACTION
                        The responsibility for redacting personal identifiers and privileged or
                        confidential information rests solely with counsel and the parties. The
                        Clerk will not review each pleading or other paper for compliance. The
                        Court may impose sanctions for violation of these requirements.
(Eff. 7/01/10)

           J.    SIGNATURES

                 The requirements for signatures on documents are set forth in CRC 2.257.
(Eff. 7/01/10)

           K.    HARD COPY DOCUMENTS

                 The Court will maintain the hard copy file as the official Court record. Filers
                 must provide two hard copies of documents electronically filed within three court
                 days of receiving notice of acceptance for filing.
(Eff. 7/01/10)

RULE 16          APPLICATION FOR ORDERS FOR PAYMENT OF MONEY
           A.    PAYMENT OF MONEY
                 An application for an order for payment of money must be supported by an
                 affidavit clearly setting forth the claimant's right to the specific amount shown,
                 and a statement that the amount in question is presently on deposit in the
                 Treasurer's Office.
(Eff. 7/01/02)


           B.    PAYMENT FOR PREPARATION OF TRANSCRIPT
                 An application for an order authorizing payment for preparation of a transcript out
                 of funds deposited by an attorney or a party in propria persona, must be supported
                 by an affidavit demonstrating 1) that the work has been done; 2) a statement of
                 the charges therefore has been supplied to the person who deposited the funds; 3)
                 ten days have elapsed; and 4) there is no dispute concerning the charges.
(Eff. 7/01/02)

RULE 17          INTERPRETERS
                 A party who desires an interpreter must timely give notice to the court and all
                 other parties of record and make arrangements for the presence and the payment
                 of the interpreter. If the interpreter is not an Official Court Interpreter, his/her
                 name and qualifications must be provided to the court and opposing counsel at
                 least 5 court days prior to the date of the interpreter's appearance.
(Eff. 7/01/02)




                                                 26
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                         CIVIL RULES

RULE 18          SMALL CLAIMS ACTIONS
           A.    PROPER COURTHOUSE FOR FILING A SMALL CLAIMS ACTION
                 All small claims actions must be filed in the Downtown Superior Courthouse,
                 Palo Alto Courthouse, or South County Courthouse, subject to the following
                 rules:
(Eff. 7/01/11)
                 (1)   MULTIPLE ACTIONS AGAINST SAME DEFENDANT
                       If the plaintiff files 3 or more separate actions against the same
                       defendant at the same time, the actions must be filed in the Downtown
                       Superior Courthouse.
(Eff. 7/01/11)
                 (2)   DOWNTOWN SUPERIOR COURTHOUSE
                       A small claims action may be filed in the Downtown Superior Courthouse
                       if the defendant resides at a Campbell, Los Gatos, Milpitas, Monte Sereno,
                       San Jose, Santa Clara, or Saratoga address; or the action concerns a
                       contract entered into or to be performed in any of those cities; or the action
                       concerns an injury or damage that occurred in any of those cities.
(Eff. 7/01/11)
                 (3)   SOUTH COUNTY COURTHOUSE
                       A small claims action may be filed in the South County Courthouse if the
                       defendant resides at a Gilroy, Morgan Hill, or San Martin address; or the
                       action concerns a contract entered into or to be performed in any of those
                       cities; or the action concerns an injury or damage that occurred in any of
                       those cities.
                 (4)   PALO ALTO COURTHOUSE
                       A small claims action may be filed in the Palo Alto Courthouse if the
                       defendant resides at a Cupertino, Los Altos, Los Altos Hills, Mountain
                       View, Palo Alto, or Sunnyvale address; or the action concerns a contract
                       entered into or to be performed in any of those cities; or the action
                       concerns an injury or damage that occurred in any of those cities.
                 (5)   DEFENDANT’S CROSS-CLAIM
                       A defendant’s cross-claim must be filed in the same courthouse where the
                       small claims action was filed by the plaintiff.
           B.    FAX FILING IN SMALL CLAIMS CASES FILED AT THE DOWNTOWN
                 SUPERIOR COURT
                 (1)   DIRECT FILING
                       a.     Pursuant to CRC 2.304, the Court accepts for filing all small
                              claims documents submitted by facsimile transmission directly
                              with the Court through the Court’s automated facsimile filing
                                                27
RULE 18 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                               system. Only cases eligible for filing at the Downtown Superior
                               Courthouse may be fax filed.
                        b.     The Court’s facsimile machine is available 24 hours a day. Filings
                               received after public business hours or on Court holidays shall be
                               deemed filed the next court business day.
                        c.     The Court’s automated facsimile filing telephone number is (408)
                               882-2692.
                 (2)    PROCEDURE
                        a.     Each document transmitted for fax filing with the court shall
                               contain the phrase “By fax” immediately below the title of the
                               document.
                        b.     A party filing a document directly by fax must use the Judicial
                               Council form, Facsimile Transmission Cover Sheet (Fax Filing)
                               (form MC-005). The Court accepts MasterCard, Discover, and
                               American Express credit cards for fax filings. The fax filing cover
                               sheet, MC-005, also must include the cardholder’s zip code and the
                               three-digit verification on the back of the credit card.
                        c.     A facsimile usage fee of $0.50 cents per page, including the cover
                               sheet, along with all applicable filing fees and credit card
                               convenience fees, must be paid by credit card as requested on MC-
                               005.
                        d.     Faxed documents must comply with all filing requirements
                               otherwise listed in the State and Local Rules of Court. Compliance
                               with filing requirements and proper transmission of the documents
                               are the responsibility of the sending party.
           C.    DATE, TIME, AND PLACE FOR HEARING
                 When the small claims action is filed, the court clerk will schedule the hearing
                 according to the following rules:
(Eff. 7/01/07)
                 (1)    MULTIPLE ACTIONS AGAINST THE SAME DEFENDANT
                        If the plaintiff files three or more actions against the same defendant at the
                        same time, the court clerk will schedule the hearing on a Thursday
                        morning at the Downtown Superior Courthouse.
(Eff. 7/01/11)
                 (2)    SAME COURTHOUSE
                        The clerk will schedule all other hearings in the same courthouse where
                        the small claims action was filed unless the plaintiff requests a night court
                        session.
(Eff. 7/01/07)


                                                 28
RULE 18 – con’t             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          CIVIL RULES

                 (3)    NIGHT COURT SESSIONS
                        Night court sessions are held in the Santa Clara Courthouse at 6:00 p.m.
                        on the second and fourth Tuesday of every month, excluding Court
                        holidays.
(Eff. 1/01/09)
                 (4)    TRANSFER
                        For good cause shown, the defendant may request the Court to transfer the
                        hearing to a different courthouse where small claims hearings are heard.
                        At least 10 days before the hearing date, the defendant must file the
                        request at the courthouse where the small claims action was filed and mail
                        a copy of the request to each party to the action. If the Court finds that the
                        interests of justice would be served by transferring the hearing to the
                        courthouse requested by the defendant, the Court will mail a notice to all
                        parties of the new date, time, and place for hearing.
(Eff. 7/01/07)

           D.    SERVICE OF CLAIMS
                 (1)    PLAINTIFF’S CLAIM
                        The plaintiff must serve the Notice to Small Claims Litigants (see attached
                        form SC-8006) with the Plaintiff’s Claim and Order to Go to Small Claims
                        Court.
(Eff. 7/01/07)
                 (2)    SERVICE BY CERTIFIED MAIL
                        Either party may pay the Court a fee to have the court clerk serve their
                        claim on the other party by certified mail, return receipt requested. Before
                        the date set for hearing, the party requesting service may look in the court
                        file to see whether the receipt for certified mail was signed by the other
                        party and returned. Only the judicial officer or temporary judge makes the
                        legal decision whether service was proper.
(Eff. 7/01/07)
                 (3)    INABILITY TO SERVE DEFENDANT IN TIME
                        If the plaintiff is unable to serve the defendant in time, the plaintiff may
                        request a later hearing date by going to the clerk’s office at least one court
                        day before the date set for the hearing.
(Eff. 7/01/07)

           E.    SETTLEMENT BEFORE HEARING
                 A party who settles his or her claim before the date set for the hearing must notify
                 the Court in writing at least one court day before the hearing. A party may do this
                 by filing a Request for Dismissal. (See attached form SC-8007.)
(Eff. 7/01/07)




                                                  29
RULE 18 – con’t              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                          CIVIL RULES

           F.    DISMISSAL FOR FAILURE TO APPEAR AT HEARING
                 If a party does not appear at the hearing, his or her claim will be dismissed, but if
                 there is a claim against him or her, it will be heard.
(Eff. 7/01/07)
           G.    APPEAL
                 An appeal of a judgment rendered in a small claims action must be filed in the
                 same courthouse where the action was filed. The appeal will be heard at the
                 Downtown Superior Courthouse by a judicial officer other than the one who
                 issued the judgment. The Court will notify the parties of the date, time, and place
                 for the hearing on the appeal.
(Eff. 7/01/07)




                                                  30
                     CIVIL COURT RULES


                       ATTACHMENTS



ATTACHMENT CV-5008      ADR Stipulation and Order

ATTACHMENT CV-5012      Civil Lawsuit Notice

ATTACHMENT CV-5014      Declaration in Support of Ex Parte Application for
                        Restraining Orders

ATTACHMENT CV-5017      Judges ADR Program Stipulation and Order Form

ATTACHMENT CV-5021      Schedule of Reasonable Attorney Fees

ATTACHMENT CV-5041      Notice of Parking/Administrative Appeal

ATTACHMENT CV-5052      Civil Lawsuit Notice – Rule 3.740 Collections Cases

ATTACHMENT CV-5056      Consent Order Granting Expedited Jury Trial

ATTACHMENT CV-5059      Loan Modification Settlement Conference
                        Stipulation and Order

ATTACHMENT CV-5060      Loan Modification Settlement Stipulation and
                        Order

ATTACHMENT CV-5061      Loan Modification Settlement Conference
                        Instructions for Litigants

ATTACHMENT SC-8006      Notice to Small Claims Litigants

ATTACHMENT SC-8007      Request for Dismissal

ATTACHMENT SC-8010      Request and Order to Serve the California
                        Secretary of State

ATTACHMENT SC-8011      Request for Satisfaction of Judgment by
                        Judgment Debtor
                                                                                              ATTACHMENT CV-5008
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS)      TELEPHONE NUMBER:               FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     STREET ADDRESS:
     MAILING ADDRESS:
    CITY AND ZIP CODE:
        BRANCH NAME:

           PLAINTIFF:

         DEFENDANT:
                                                                                  CASE NUMBER:

                       ADR STIPULATION AND ORDER

1. Pursuant to California Rule of Court 3.221(a)(4), the parties and their attorneys stipulate that all parties in this
   action have appeared, and the claims in this action shall be submitted to the following alternative dispute
   resolution process:
   a.       Mediation
   b.       Neutral Evaluation
   c.       Referee/Special Master
   d.       Early Settlement Conference
   e.       Binding Arbitration
   f.       Non-binding Judicial Arbitration pursuant to CCP §1141.10 et seq., CRC 3.810 et seq.
                Discovery will remain open until 30 days before trial
   g.       Other:

2. It is also stipulated that                                       (name of individual neutral, not organization) shall
     serve as                                                 (neutral function/process) and that the session will take
     place on                             (enter a FIRM date) at                   (time).
3. This stipulation        changes a previously set court hearing date (filing fee required per court fee schedule).
                           does not change a previously set court hearing date.


Date:



               (Type or Print Name)                                                    (Signature)



               (Type or Print Name)                                                   (Signature)



               (Type or Print Name)                                                   (Signature)


               (Type or Print Name)                                                   (Signature)

                                        (Attach Additional Signature Pages if Necessary)


                                                                                             ORDER ON REVERSE SIDE

CV-5008 REV. 7/01/12                          ADR STIPULATION AND ORDER                                            Page 1 of 2
                                                                                                  ATTACHMENT CV-5008
PLAINTIFF:                                                                              CASE NUMBER:

DEFENDANT:


ORDER:

4. a.          The Case Management Conference currently set for                  , 20      , at            AM        PM in
               Department     is hereby vacated.
      b.       Mediation Status Review
      c.       Case Status Review re:
      d.       Trial Setting Conference
               is set for                 , 20          , at                AM          PM in Department                           .

5.         Judicial Arbitration Order Review Hearing will be set by notice upon assignment of the arbitrator.

6.         Trial Setting Conference following ADR Review is set for                      , 20     , at          AM       PM in
           Department           .

IT IS SO ORDERED.


Date:
                                                               Judicial Officer of the Superior Court


                               CLERK’S CERTIFICATE OF PERSONAL SERVICE

I certify that I am not a party to this cause and that a true and correct copy of this document was hand-delivered to
the parties listed below at                (time) on                     (date) in the Clerk’s Office, Calendar Unit of
the Superior Court of California, County of Santa Clara, located at 191 N. First Street, San José, California.

David Yamasaki, Clerk of the Court, by                                                                     , Deputy Clerk



                                       CLERK’S CERTIFICATE OF MAILING

I certify that I am not a party to this cause and that a true and correct copy of this document was mailed first class
postage prepaid in a sealed envelope addressed as shown below and the document was mailed at
(time) on                      (date) in San José, California.

David Yamasaki, Clerk of the Court, by                                                                     , Deputy Clerk



TO:                                                                TO:




TO:                                                                TO:




CV-5008 REV. 7/01/12                      ADR STIPULATION AND ORDER                                                  Page 2 of 2
                                                                                                      ATTACHMENT CV-5012
CIVIL LAWSUIT NOTICE
Superior Court of California, County of Santa Clara                      CASE NUMBER:
191 N. First St., San Jose, CA 95113

                                    PLEASE READ THIS ENTIRE FORM

PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must serve each Defendant with the Complaint,
Summons, an Alternative Dispute Resolution (ADR) Information Sheet, and a copy of this Civil Lawsuit Notice, and you must file
written proof of such service.

   DEFENDANT (The person sued): You must do each of the following to protect your rights:
   1. You must file a written response to the Complaint, using the proper legal form or format, in the Clerk’s Office of the
      Court, within 30 days of the date you were served with the Summons and Complaint;
   2. You must serve by mail a copy of your written response on the Plaintiff’s attorney or on the Plaintiff if Plaintiff has no
      attorney (to “serve by mail” means to have an adult other than yourself mail a copy); and
   3. You must attend the first Case Management Conference.
                             Warning: If you, as the Defendant, do not follow these instructions,
                                           you may automatically lose this case.


RULES AND FORMS: You must follow the California Rules of Court and the Superior Court of California, County of Santa Clara
Local Civil Rules and use proper forms. You can obtain legal information, view the rules and receive forms, free of charge, from
the Self-Help Center at 99 Notre Dame Avenue, San Jose (408-882-2900 x-2926), www.scselfservice.org (Select “Civil”) or from:
         State Rules and Judicial Council Forms: www.courtinfo.ca.gov/forms and www.courtinfo.ca.gov/rules
         Local Rules and Forms: http://www.sccsuperiorcourt.org/civil/rule1toc.htm

CASE MANAGEMENT CONFERENCE (CMC): You must meet with the other parties and discuss the case, in person or by
telephone, at least 30 calendar days before the CMC. You must also fill out, file and serve a Case Management Statement
(Judicial Council form CM-110) at least 15 calendar days before the CMC.
          You or your attorney must appear at the CMC. You may ask to appear by telephone – see Local Civil Rule 8.


    Your Case Management Judge is:                                                                 Department:

    The 1st CMC is scheduled for: (Completed by Clerk of Court)
                                  Date:                                   Time:                in Department:
    The next CMC is scheduled for: (Completed by party if the 1st CMC was continued or has passed)
                                  Date:                                   Time:                in Department:



ALTERNATIVE DISPUTE RESOLUTION (ADR): If all parties have appeared and filed a completed ADR Stipulation Form (local
form CV-5008) at least 15 days before the CMC, the Court will cancel the CMC and mail notice of an ADR Status Conference.
Visit the Court’s website at www.sccsuperiorcourt.org/civil/ADR/ or call the ADR Administrator (408-882-2100 x-2530) for a list of
ADR providers and their qualifications, services, and fees.

WARNING: Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Court.

                                                       Clear This Form
Form CV-5012 REV 7/01/08                            CIVIL LAWSUIT NOTICE                                                    Page 1 of 1
                                                                                                   ATTACHMENT CV-5014
 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:                  TELEPHONE NUMBER:               FOR COURT USE ONLY




  ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
           MAILING ADDRESS:
         CITY AND ZIP CODE:
               BRANCH NAME:

 Person/Entity Seeking Protection:

 Person From Whom Protection is Sought:

                                                                                        CASE NUMBER:                         DEPT #:
        DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR
                     CIVIL RESTRAINING ORDERS

 I, the undersigned, declare:
 1.     I am (choose one):           attorney for Person or Entity Seeking Protection
                                     self-represented Person or Entity Seeking Protection
                                     other (explain):
 2.      The opposing party is represented by an attorney:             Yes     No
         (If you checked “Yes”, fill in the attorney’s name, address, and telephone number. If you checked “No”, fill in the
         other party’s name, address, and telephone number)
         Party/Attorney name:
         Address/Telephone number:

 3.      OTHER CASES: Have the parties to this case been involved in litigation with each other in another Civil, Family,
         Probate, Juvenile, or Criminal Court Case? Yes      No If “yes”, case(s) number(s):
 4.      NOTICE
         A. I HAVE given notice to the opposing party and/or their attorney by the following method:
                Personal delivery     Overnight Carrier      First Class Mail  Other:
            Date:                           Time:
            I have received confirmation that the other party has received my papers (describe):


         B.    I HAVE NOT given notice of the request for orders because (Check all that apply. You must explain
               below):
                  This is an application for Civil Harassment Prevention Act, Elder Abuse, Private Postsecondary School
                  Violence, Transitional Housing Misconduct, or Workplace Violence Prevention Act restraining orders and:
                      Great or irreparable injury will result before the matter can be heard on notice.
                      It is impossible to give notice.
                      The other party agrees to the orders requested.
                      Other:
         C.    Explanation:
                  A hearing between the parties is already set. I am asking that this motion be heard at the same time.
                  I am unable to serve the other party in the time required by law.
                  I fear for my physical safety (and that of others, if applicable).
                  Other:
 I declare under penalty of perjury that the forgoing is true and correct.



 Date                           Print Name                                             Declarant’s Signature



CV-5014 REV 1/01/13        DECLARATION IN SUPPORT OF EX PARTE APPLICATION                                      Page 1 of 2
                                    FOR CIVIL RESTRAINING ORDERS                                                  CCP §§527.6-527.8
                                                                                   ATTACHMENT CV-5014

                                             INSTRUCTIONS

Please refer to Santa Clara County Local Civil Rules for more information. This form is not for
use in restraining order applications filed at Family Court.
This form is required in Santa Clara County if you are asking the Judge to make immediate orders
without the other party being present for a hearing. These orders are called ex parte orders. This
form must be completed in any case where ex parte restraining orders are requested. If you have
given notice to the other side of your case, you must state the form of notice given. Notice means
providing the other side of the case, either the attorney or a self-represented party, with copies of any
papers that you want the Judge to review and any orders that you are requesting. If you have not
given notice, you must explain why you have not given notice. There are some circumstances when
notice may be waived, such as cases involving allegations of violence where the safety of a party or a
child might be at risk if notice is given. It is up to the Judge in your case to determine whether notice
will be required or not.
SECTION #1
State whether you are the Person or Entity seeking Protection (Petitioner) or the Other Party in the
case. Once a case is filed, the parties keep the same status in the case. You do not change your
status by filing a new motion in the case. If you do not have an attorney, you are considered self-
represented.
SECTION #2
If the other party is represented by an attorney, you must provide the Court with the attorney’s name
and address. If the other party is not represented by an attorney, you must provide the Court with the
other party’s address.
SECTION #3
It is very important to list all other cases in which you and the other party have been involved with the
courts. This would include Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or
Criminal matters. If you do not have the case number, please put “unknown” and list the county and
the year of the filing, if possible.
SECTION #4A
Unless notice is excused by the Court, you must provide notice of this motion to the other
party before you deliver a copy to the Court. When you give such notice, specify how you did
it (by courier or personally, for example) and at what time and date. Also, explain how you
know that the other side received copies of your papers and what response you were given.
SECTION #4B
If you did not give notice of this application, explain why in this section. Check as many
boxes as apply. You may also write out any further explanation of your reasons for not giving
notice.
After this form is completed, attach it to your restraining order application and submit them as follows:
  If Civil Harassment, Workplace Violence, Private Postsecondary School Violence, or Transitional Housing
  Misconduct to the Civil Division Clerk’s Office
  If Elder or Dependant Adult Abuse to the Probate Division Clerk’s Office
Both Clerks’ Offices are at Santa Clara County Superior Court, 191 N. First Street, San José, CA 95113.

CV-5014 REV 1/01/13   DECLARATION IN SUPPORT OF EX PARTE APPLICATION                       Page 2 of 2
                               FOR CIVIL RESTRAINING ORDERS                                   CCP §§527.6-527.8
                                                                                                                ATTACHMENT CV-5017
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS)                     TELEPHONE NUMBER:              FOR COURT USE ONLY



                                                                                                       To keep other people from
                                                                                                       seeing what you entered on
 ATTORNEY FOR (Name):                                                                                  your form, please press the
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                   Clear this Form button at the
     STREET ADDRESS:                                                                                   end of the form when
    MAILING ADDRESS:                                                                                   finished.
    CITY AND ZIP CODE:
        BRANCH NAME:

             PLAINTIFF:

          DEFENDANT:
                                                                                                  CASE NUMBER:
                              JUDGES ADR PROGRAM
                          STIPULATION AND ORDER FORM

The parties and their attorneys stipulate that the claims in this action be submitted to the Judges ADR
Program as a
   Mediation
   Settlement Conference.

It is further stipulated that the matter be submitted to the following Judge(s), in the following order:
     1. The Hon.                               , Judge, Superior Court of California, County of Santa Clara; or
     2. The Hon.                               , Judge, Superior Court of California, County of Santa Clara; or
     3. A Judge of the Superior Court of California, County of Santa Clara assigned by the Civil Supervising
        Judge.

We estimate the trial will take                                       days.

Parties and counsel have read and agree to be bound by the Rules of the Judges ADR Program, and the
Rules Court of the Superior Court of California, County of Santa Clara.


Date:



            (Attorney for Plaintiff, or Self-Represented Plaintiff)                                   (Signature)




           (Attorney for Defendant or Self-Represented Defendant)                                      (Signature)




                                                (Attach Additional Signature Pages if Necessary)

                                                                  ORDER ON REVERSE SIDE


CV-5017 REV 1/1/08                                              JUDGES ADR PROGRAM                                                Page 1 of 2
                                                             STIPULATION AND ORDER FORM
                                                                                    ATTACHMENT CV-5017
 ORDER:                                                                  CASE NUMBER:




Application for Judges ADR is:
     Approved
     Denied

This case is submitted for
    Mediation
    Settlement Conference
   to Judge                                  , Department

Parties and/or counsel shall contact the ADR Judge within 10 calendar days for scheduling of the hearing.


     Mediation/Settlement Status Review is set for                       , 20    , at        A.M./P.M. in
     Department                  .

     The Case Management Conference set for                              , 20    , at        A.M./P.M. in
     Department                   remains set           is vacated.


IT IS SO ORDERED.



Date:
                                                      Judicial Officer




                                              Clear this Form

CV-5017 REV 1/1/08                       JUDGES ADR PROGRAM                                        Page 2 of 2
                                      STIPULATION AND ORDER FORM
                                                                                 ATTACHMENT CV-5021
                       SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA

                    SCHEDULE OF REASONABLE ATTORNEY FEES


Whenever the obligation sued upon provides for the recovery of a reasonable attorney fee, the
fee in each default case shall be fixed pursuant to this schedule. Where the principal amount of
the judgment is:

FROM                 TO                       REASONABLE ATTORNEY’S FEE
$      0       $       500            $      150.00
     501             2,500                   150.00 plus 25% of amount over $ 500
   2,501             5,000                   650.00 plus 15% of amount over 2,500
   5,001            10,000                 1,100.00 plus 6% of amount over 5,000
  10,001            50,000                 1,400.00 plus 3% of amount over 10,000
  50,001           100,000                 2,600.00 plus 2% of amount over 50,000
              over 100,000                 3,600.00 plus 1% of amount over 100,000

If, after service of the summons and complaint, a voluntary payment is made toward the
principal, the reasonable attorney fee shall be calculated based upon the principal amount of the
judgment that would have been awarded if the payment had not been made.

In unlawful detainer actions, when the obligation sued upon provides for the recovery of
attorney’s fees, the attorney’s fees in default cases and in cases where judgment is rendered
pursuant to Section 437c of the Code of Civil Procedure, shall be a fee equal to the sum of
$375.00 or a fee set pursuant to the foregoing schedule, whichever is greater.

A claim for a fee in excess of the amount provided for by the foregoing schedule must be made
by application to the Court for extraordinary fees and supported by the declaration of counsel. In
granting or withholding such fees, the Court will consider the following factors: (1) the time and
labor required, (2) the novelty and difficulty of the questions involved, (3) the skill required to
properly conduct the case, (4) whether the acceptance of employment in the particular case
caused loss of other employment, (5) whether the acceptance of employment in the particular
case precluded counsel’s appearance on behalf of others in cases arising out of the same
transaction, (6) the customary charges of the bar for similar services, (7) the amount involved in
the controversy, and (8) the contingency or certainty of collecting the award.




                      SCHEDULE OF REASONABLE ATTORNEY FEES
Rev. 7/1/05                                                                                 CV-5021
                                                                                      ATTACHMENT CV-5041
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar No., and Address):                      FOR COURT USE ONLY




TELEPHONE NUMBER:                                          FAX NUMBER:

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  STREET ADDRESS:           191 North First Street
 CITY AND ZIP CODE:         San Jose, California 95113
     PHONE NUMBER:          (408) 882-2100
      BRANCH NAME:          Downtown Courthouse, Civil Division
      OFFICE HOURS:         Monday – Friday 8:30 a.m. – 4:00 p.m.

PLAINTIFF (Processing Agency):



DEFENDANT (Appellant):



                                                                             CASE NUMBER:
     NOTICE OF PARKING/ADMINISTRATIVE APPEAL

This is a Notice of Appeal of the decision of the hearing officer in the matter of parking
citation number                               .

This appeal is filed pursuant to California Vehicle Code (CVC) § 40230.

Appellant attaches a copy of the hearing officer’s decision and requests that:

1.      The Clerk of the Court set the matter for hearing before the above-entitled court, where it
        will be heard in accordance with CVC § 40230 and CVC § 40215.

2.      The Clerk of the Court gives notice of the time and place of the trial to each of the parties.

Appellant certifies that a copy of this Notice of Parking/Administrative Appeal has been mailed
to the Processing Agency at the address shown below:




Date:


                                                                         ►
               (TYPE OR PRINT NAME)                                          (SIGNATURE OF APPELLANT)




CV-5041 8/05                           NOTICE OF PARKING/ADMINISTRATIVE APPEAL                                   Page 1 of 1
To keep other people from seeing what you entered on your form please press the
Clear This Form button at the end of the form when finished.                                 ATTACHMENT CV-5052

                          CIVIL LAWSUIT NOTICE – RULE 3.740 COLLECTIONS CASE
    Superior Court of California, County of Santa Clara               CASE NUMBER:
    191 N. First Street, San Jose, CA 95113


                                    PLEASE READ THIS ENTIRE FORM

    PLAINTIFF (the person suing): Within 180 days after filing the lawsuit, you must serve each defendant with the
    Complaint, Summons, and a copy of this Civil Lawsuit Notice –Rule 3.740 Collections Cases, and you must file
    written proof of such service.



          DEFENDANT (The person being sued): You must do each of the following to protect your rights:
          1. You must file a written response to the Complaint, using the proper legal form or format, in the Clerk’s
             Office of the Court, within 30 days of the date you were served with the Summons and Complaint;
          2. You must send a copy of your written response on the Plaintiff’s attorney (to “serve by mail” means
             to have an adult other than yourself mail a copy to the Plaintiff’s attorney); and
          3. You must come to Court when you are notified of a Court date.
                              Warning: If you, as the Defendant, do not follow these instructions,
                                             you may automatically lose this case.



    Your CASE MANAGEMENT JUDGE is:                                                    in DEPT:

    Your Case Management Judge will hear any motions filed in your case before trial. A motion is a written request,
    filed with the Court, asking the Court to make decisions about your case.

    RULES AND FORMS: You must follow the California Rules of Court (CRC) and the Superior Court of California,
    County of Santa Clara Local Civil Rules and use proper forms. You can get legal information, view the rules and
    get forms, free of charge, from the Self-Help Center at 99 Notre Dame Avenue, San Jose (408-882-2900 x-2926),
    or from:

               State Rules and Judicial Council Forms: www.courtinfo.ca.gov/forms and www.courtinfo.ca.gov/rules
               Local Rules and Forms: www.sccsuperiorcourt.org/civil/rule1toc.htm

    OTHER HELPFUL LEGAL RESOURCES:

               Court’s Self-Help website: Select “Civil”                                         www.scselfservice.org
               Lawyer Referral and Modest Means Panel: (408) 971-6822                                   www.sccba.com
               California Codes ("The Law”): Select the code & click "Search"             www.leginfo.ca.gov/calaw.html
               Pro Bono Project Lawyers in the Library: San Jose, (408) 808-2355               www.probonoproject.org
               Pro Bono Project Lawyers in the Library: Mountain View, (408) 998-5298 x-311    www.probonoproject.org
               State Referral and Self-Help Resources website                                 www.lawhelpcalifornia.org
               Santa Clara County Law Library: 360 N. First St., San Jose, (408) 299-3567                  www.sccll.org
               Do-lt-Yourself legal books                                                   www.santaclaracountylib.org
                                                                                                       www.sjlibrary.org
               Consumer Law - Alexander Law Center (Santa Clara University):                             (408) 288-7030
               Department of Consumer Affairs                                                          www.dca.ca.gov
               Office of Human Relations (Mediation)                                                   www.sccdrps.org


    WARNING: Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Court.
                                                     Clear This Form
    CV-5052 Eff. 7/1/08         CIVIL LAWSUIT NOTICE – RULE 3.740 COLLECTIONS CASES                             Page 1 of 1
                                                                                            ATTACHMENT CV- 5056
                                                                                              FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:     191 North First Street
      MAILING ADDRESS:    191 North First Street
     CITY AND ZIP CODE:   San José, CA 95113
         BRANCH NAME:     Downtown Courthouse – Civil Division
PLAINTIFF/PETITIONER:



DEFENDANT/RESPONDENT:



                                                                                    CASE NUMBER:
     CONSENT ORDER GRANTING EXPEDITED JURY TRIAL


The parties, with consent of counsel, hereby agree to participate in the expedited jury trial procedures
prescribed by Code of Civil Procedure (CCP) § 630.01, et seq.

Each named party and all insurance carriers responsible for providing coverage or defense on behalf of any
party, as identified below, have been informed of the rules and procedures for an expedited jury trial and
provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or,
in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and agree to all of
the following provisions:

1.      The parties waive all rights to appeal and to move for directed verdict or make any post-trial motions,
        except as provided in CCP §§ 630.8 and 630.9;
2.      Each side shall have up to three hours to present its case;
3.      The jury shall be composed of eight or fewer jurors, with no alternates;
4.      Each side shall be limited to three peremptory challenges;
5.      The trial and pretrial matters will proceed under CCP § 630.03, subdivisions (e)(2)(A)-(D), inclusive, and
        pursuant to all other provisions of the Expedited Jury Trials Act and the implementing California Rules of
        Court.
6.      [Other]

IT IS SO AGREED.


Date:
                                                                 (Party)

Date:
                                                                 (Counsel for Party)

Date:
                                                                 (Party)

Date:
                                                                 (Counsel for Party)

Date:
                                                                 (Insurance Carrier, Name and Title of Signing Agent)

IT IS SO ORDERED.


Dated:
                                                                 [Name of Judge]
                                                                 Judicial Officer



CV-5056 REV 7/01/11             CONSENT ORDER GRANTING EXPEDITED JURY TRIAL                                        Page 1 of 1
                                                                                                      ATTACHMENT CV-5059
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS)   TELEPHONE NUMBER:                      FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
   STREET ADDRESS:
   MAILING ADDRESS:
  CITY AND ZIP CODE:
         BRANCH NAME:

              PLAINTIFF:

          DEFENDANT:
                                                                                    CASE NUMBER:
          LOAN MODIFICATION SETTLEMENT CONFERENCE
                   STIPULATION AND ORDER

The parties to this stipulation are:
______________________________________________________________________, Plaintiff

______________________________________________________________________, Defendant

______________________________________________________________________, Servicer

______________________________________________________________________, Other
1. Pursuant to CCP § 128 and 187, this Court hereby;
    a.          Declines to rule on the TRO and declines to set a hearing for the preliminary injunction at this time, and
          instead approves this Stipulation and Order seeking an early settlement conference process and an early
          resolution of the entire action.

    b.          Vacates any previously granted TRO and vacates any hearing for the preliminary injunction at this time, and
          instead approves this Stipulation and Order seeking an early settlement conference process and an early
          resolution of the entire action.
Failure to comply with all terms of this stipulation may result in the striking of this Order and cancellation of the
Loan Modification Settlement Conference process, or other appropriate orders of the Court.

2. Parties stipulate as follows:

    a. All foreclosure related activities are stayed per the terms of this order.
    b. Plaintiff shall:
       (1) Make a payment in the amount of $                 per month toward the mortgage, on or before the   day of
           each month, beginning on                         ,
       (2) Keep current on the payment of property taxes,
       (3) Maintain insurance on the property,
       (4) Properly serve all Defendants with the Summons, Complaint, this Order, the TRO application, and any other
           papers that have not already been served, within five days of the date of this Order,
       (5) File all proofs of service within 20 days of the date of this order, and
       (6) Obtain HUD counseling prior to the Loan Modification Settlement Conference.



CV-5059                                LOAN MODIFICATION SETTLEMENT CONFERENCE                                          Page 1 of 4
REV 1/01/13                                     STIPULATION AND ORDER
                                                                                                ATTACHMENT CV-5059
PLAINTIFF:                                                                          CASE NUMBER:

DEFENDANT:




    c.    Parties shall prepare for the Readiness Conference as follows:
          • At least 21 calendar days before the Readiness Conference, Defendant shall transmit to Plaintiff an itemized
              list of the documents it requires from Plaintiff.
          • Plaintiff shall provide all necessary financial information to Defendant’s counsel.
          • Defense counsel may take the Readiness Conference off calendar up to 2 court days ahead of time, once
              Defense has received all necessary documents.
          • Defense shall notify Plaintiff that the Readiness Conference will be taken off calendar within one hour of doing
              so.
          • Defendant must file a “Notice of Appearance” and first appearance filing fee (instead of a responsive
              pleading) before the date of the scheduled Readiness Conference


    d. Regarding the Loan Modification Settlement Conference (“LMSC”), parties stipulate as follows:
       • Good faith participation by all parties in a meaningful settlement conference will be deemed full compliance
          with the requirements of CA Civil Code §2923.5 and Mabry v. Superior Court, 185 Cal. App. 4th 208 (2010).
          Any Civil Code §2923.5 or Mabry causes of action will be deemed moot and shall be stricken from the
          Complaint.
       • By participating in such LMSC the servicer is representing that it has full authority to modify the loan at issue.
       • All parties will provide worksheet and other materials prepared for the LMSC to the assigned neutral at least
          10 days in advance of the LMSC. LMSC materials will not be filed or lodged with the court.



    e. Litigation is stayed for 90 days from the date of this order. Defendants will be deemed served 90 days after entry
       of this order. Defendant’s demurrer/motion to strike, if any, shall receive a hearing date within 30 days from filing
       the motion.

    f.    Any foreclosure sale is stayed until after 120 days from the date of this order (unless the date is changed by the
          Court).

    g. If any party deems that this Order or any provision becomes inappropriate for this case, counsel may file an ex
       parte request, with 24 hours’ notice to all parties. Ex partes are heard from 8:15 AM to 9 AM Monday through
       Friday.

    h. Servicer __________________________________________ stipulates that;
       • Servicer will be asked to consider Plaintiff for a loan modification. Servicer may be asked why any proposed
          loan modification is rejected.
       • By withdrawing from the LMSC, servicer will lose the benefits provided by the stipulation and the LMSC, and
          the case will return to the court’s regular litigation track.
       • Acceptance of any payments pursuant to this Order is without prejudice to the lender’s / servicer / investor’s
          Notice of Default, if any, and foreclosure proceedings, except as otherwise provided for in this Stipulation.
          Acceptance of said payments shall not be evidence that a lender / servicer / investor has waived any existing
          default on the underlying loan or deed of trust at issue.




CV-5059                            LOAN MODIFICATION SETTLEMENT CONFERENCE                                       Page 2 of 4
REV 1/01/13                                 STIPULATION AND ORDER
                                                                                         ATTACHMENT CV-5059
PLAINTIFF:                                                                     CASE NUMBER:

DEFENDANT:



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)



          (Type or Print Name)                                   (Signature)

                                  (Attach additional signature pages if necessary)




CV-5059                          LOAN MODIFICATION SETTLEMENT CONFERENCE                            Page 3 of 4
REV 1/01/13                               STIPULATION AND ORDER
                                                                                                           ATTACHMENT CV-5059
PLAINTIFF:                                                                                   CASE NUMBER:

DEFENDANT:


3. LOAN MODIFICATION SETTLEMENT CONFERENCE STIPULATION AND ORDER

     a.         The      Case Management Conference   Preliminary Injunction Hearing currently set for
           20         at             AM     PM in Department           is hereby vacated.

     b.         Readiness Conference is set for                   , 20         , at                 AM     PM in Department          .

     c.        Loan Modification Settlement Conference is set for                               , 20      , at             AM     PM
           in Department          .

     d.         Further Case Management Conference is set for                         , 20   , at                 AM        PM
                in Department    in neutral’s office located at                                                                       .

     e.      Trial Setting Conference following ADR Review is set for                         , 20       , at              AM    PM in
           Department         .

     It is so ordered.


     Date:
                                                            Judicial Officer of the Superior Court


4.         CLERK’S CERTIFICATE OF PERSONAL SERVICE
     I certify that I am not a party to this cause and that a true and correct copy of this document was hand-delivered to the
     parties listed below at                                (time) on                      (date) in the Clerk’s Office Calendar
     Unit of the Superior Court of California, County of Santa Clara, located at 191 North First Street, San José, California.

     David H. Yamasaki, Clerk of the Court, by                                                           , Deputy Clerk.

5.         CLERK’S CERTIFICATE OF MAILING
     I certify that I am not a party to this cause and that a true and correct copy of this document was mailed first class
     postage prepaid in a sealed envelope addressed as shown below and the document was mailed at
                                    (time) on                      (date) in San José, California.

     David H. Yamasaki, Clerk of the Court, by                                                           , Deputy Clerk.


     TO:                                                                 TO:




     TO:                                                                 TO:




CV-5059                              LOAN MODIFICATION SETTLEMENT CONFERENCE                                                Page 4 of 4
REV 1/01/13                                   STIPULATION AND ORDER
                                                                                                       ATTACHMENT CV-5060
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS)    TELEPHONE NUMBER:                      FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
     MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:

              PLAINTIFF:

             DEFENDANT:
                                                                                     CASE NUMBER:
                    LOAN MODIFICATION SETTLEMENT
                       STIPULATION AND ORDER

The parties to this stipulation are:
______________________________________________________________________, Plaintiff

______________________________________________________________________, Defendant

______________________________________________________________________, Servicer

______________________________________________________________________, Other


1.      Parties stipulate that this action has been resolved on the basis of the following settlement disposition:
        a.      Loan Modification
        b.      Refinancing the current loan or loans
        c.      Short Sale of property
        d.      Deed in lieu of foreclosure
        e.      Transition Agreement, including terms under which the plaintiff will vacate the property.
        f.      Other:

2.      The specific terms of the settlement agreement are:
        a.       Attached
        b.       To be drafted and exchanged by the parties and their attorneys by ___________________(date).


        (Type or Print Name)                                           (Signature)



        (Type or Print Name)                                           (Signature)



        (Type or Print Name)                                           (Signature)



        (Type or Print Name)                                           (Signature)



                                         (Attach additional signature pages if necessary)

CV-5060                        LOAN MODIFICATION SETTLEMENT STIPULATION AND ORDER                                        Page 1 of 2
REV 1/01/13
                                                                                                      ATTACHMENT CV-5060
PLAINTIFF:                                                                                  CASE NUMBER:

DEFENDANT:


3. LOAN MODIFICATION SETTLEMENT CONFERENCE SETTLEMENT STIPULATION AND ORDER

     a.        The   Case Management Conference currently set for                             20       at             AM       PM
           in Department         is hereby vacated    remains set                is continued to                       , 20
           at             AM    PM in Department         .

     b.      A Trial Setting Conference is set for                        , 20       , at              AM       PM in
           Department            .

     c.      A Case Status re. Dismissal is set for                       , 20       , at                  AM   PM in
           Department           .

     It is so ordered.

     Date:
                                                           Judicial Officer of the Superior Court

4.         CLERK’S CERTIFICATE OF PERSONAL SERVICE
     I certify that I am not a party to this cause and that a true and correct copy of this document was hand-delivered to
     the parties listed below at                          (time) on                      (date) in the Clerk’s Office Calendar
     Unit of the Superior Court of California, County of Santa Clara located at 191 North First Street, San José California.

     David H. Yamasaki, Clerk of the Court, by                                                      , Deputy Clerk.

5.         CLERK’S CERTIFICATE OF MAILING
     I certify that I am not a party to this cause and that a true and correct copy of this document was mailed first class
     postage prepaid in a sealed envelope addressed as shown below and the document was mailed at
                                    (time) on                       (date) in San José, California.

     David H. Yamasaki, Clerk of the Court, by                                                      , Deputy Clerk.

     TO:                                                            TO:




     TO:                                                            TO:




                                             (Attach additional pages if necessary)




CV-5060                      LOAN MODIFICATION SETTLEMENT STIPULATION AND ORDER                                         Page 2 of 2
REV1/01/13
                                      SUPERIOR COURT OF CALIFORNIA
                                         COUNTY OF SANTA CLARA

                            Loan Modification Settlement Conference (“LMSC”)
                                         Instructions for Litigants

ALL PARTIES SHOULD READ THE LMSC STIPULATION VERY CAREFULLY TO UNDERSTAND
THE OBLIGATIONS THAT BOTH SIDES UNDERTAKE.

Loan Modification Settlement Conference procedures;
1.  When a Request for Temporary Restraining Order (TRO) is filed;
    Cases may be eligible for the Loan Modification Settlement Conference program:
    a.   Plaintiff will receive information about the LMSC program.
    b.   Plaintiff is responsible for notifying Defendant of the LMSC program, if the Defendant is not
         present at the TRO hearing.
    c.   Both parties must agree and sign the LMSC stipulation.
    d.   Plaintiff must submit the LMSC stipulation to the judge for signature within 15 days after the
         TRO hearing, or 7 days before Preliminary Injunction hearing, whichever comes last.
    e.   Plaintiff must file the LMSC stipulation and order form with the judge’s signature in the
         clerk’s office within the time frame indicated in item (d).
    f.   The Preliminary Injunction hearing will be taken off calendar.
    g.   New court dates will be set (see section 2).
2.      When an LMSC stipulation is filed;
        a.  A 90-day stay is put into effect on all foreclosure activity, which temporarily stops a sale of
            the home.
        b.  Plaintiff must deliver all documents required for the LMSC hearing to Defendant within 21
            days of the filing of the LMSC stipulation.
        c.  A Readiness Conference will be set for 30 days after the filing of the LMSC stipulation. This
            court date is to make sure all documents have been shared. You will receive a notice from
            the court with the date and time of the Readiness Conference.
        d.  The Loan Modification Settlement Conference hearing date will be set for 60 days after the
            filing of the stipulation. This is your date to try and work out a settlement. You will receive a
            notice from the court with the date and time of the LMSC hearing.
        a.  The LMSC hearing date will be set on a Wednesday, either in the morning or afternoon.
        b.  A trained LMSC neutral will be at the LMSC hearing to try and settle your case.
        e.  The first Case Management Conference will be scheduled for 90 after the filing of the LMSC
            stipulation, or will be left as originally set, whichever is later.
3.      If a settlement is reached at the LMSC hearing;
        a.     Parties will create a written agreement explaining the settlement.
        b.     Plaintiff will notify the court of the settlement.
        c.     The court will set another date 90 days out on a Dismissal Calendar to allow parties to
               complete the settlement.
        d.     Once the settlement is completed, the plaintiff will dismiss the case.
     4. If NO settlement is reached at the LMSC hearing;
        a.   Plaintiff will notify the court that the case has not settled.
        b.   The case will go back onto the regular litigation track.


CV-5061 REV 1/1/13
Superior Court of California                                                           ATTACHMENT SC-8006
County of Santa Clara
Downtown Courthouse
191 North First Street
San José, California 95113


                            NOTICE TO SMALL CLAIMS LITIGANTS
The Superior Court of California, County of Santa Clara – Small Claims Division encourages alternative
dispute resolution (mediation) to resolve cases where the parties agree to participate voluntarily.

What is mediation?

Mediation is a voluntary process for resolving disputes with the help of a neutral, third party, called a
mediator. Mediation allows you and the other party to reach a mutually acceptable settlement of the
cases instead of having to appear in court to have a judge impose a decision on you. Mediation
proceedings are confidential and conducted in private. The mediator will not provide legal advice,
evaluate your case, or make any decision or judgment for you. However, the mediator will help you and
the other party focus on reaching an agreement that is acceptable to all parties involved in the dispute.
The mediator will draft a written agreement.

When can I go to mediation?

You may participate in mediation before your court appearance date regardless of where the case was
filed. If your case is pending at the Downtown Superior Courthouse, you may also participate in
mediation on the date scheduled for trial. If you choose mediation, you are encouraged to contact the
following agencies as soon as possible to schedule the mediation or to ask any questions that you may
have:

                                         SMALL CLAIMS DISPUTES
                   SANTA CLARA COUNTY DISPUTE RESOLUTION PROGRAM SERVICES
                               at (408) 792-2321 or visit www.sccdrps.org
                                   -------------------------------------------------
                                 HOUSING & NEIGHBORHOOD DISPUTES
                   SANTA CLARA COUNTY DISPUTE RESOLUTION PROGRAM SERVICES
                       Community Disputes at (408) 792-2314 or visit www.sccdrps.org
                                                      OR
                                            PROJECT SENTINEL
                      Gilroy, Palo Alto, Mountain View, and Sunnyvale at (408) 720-9888

  The staff at the offices listed above will discuss the mediation process with you. They can provide
  a wide variety of conflict resolution services. YOU WILL NOT BE CHARGED FOR THESE SERVICES.



How does mediation work on the day of the trial?

Mediation services for Small Claims litigants are available on site at the Downtown Superior Courthouse
on the day of trial. Both the plaintiff and the defendant must agree to participate in the process. A
mediator from the program will meet with you and the other party in your case. You do not need to make
an appointment ahead of time to participate in mediation on the day of your hearing; however you may

SC-8006 REV 07/01/11              NOTICE TO SMALL CLAIMS LITIGANTS                                 Page 1 of 2
Superior Court of California                                                  ATTACHMENT SC-8006
County of Santa Clara

wish to call the dispute resolution program office ahead of time to try to resolve your Small Claims case
before the hearing date.

If your case is resolved through mediation, you and the other party will sign a document that outlines
what you both have agreed to do. If you are not able to resolve your case through mediation, you will go
back into the courtroom and a judicial officer will hear your case. Mediation will not delay your
opportunity for a court hearing. The Court, of course, hopes that the mediation will resolve the dispute
and eliminate the need for court action.

What are the benefits of mediation?

One of the advantages of mediation, compared with a trial, is that it allows the parties more time to
present their issues and it allows options and resolutions to be discussed candidly and privately. As a
result, the parties to a dispute can be in more control of the resolution than when a judge is involved.
Mediation proceedings are confidential and conducted in private. Mediations can be conveniently
scheduled at any time during the day, some early evenings, and on limited weekends.




SC-8006 REV 07/01/11           NOTICE TO SMALL CLAIMS LITIGANTS                                 Page 2 of 2
                                                                                                                     ATTACHMENT SC-8007
    SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                               FOR COURT USE ONLY

             STREET ADDRESS:
             MAILING ADDRESS:
            CITY AND ZIP CODE:
                 BRANCH NAME:

         PLAINTIFF/PETITIONER:

    DEFENDANT/RESPONDENT:

                                                                                                         CASE NUMBER:
                  REQUEST FOR DISMISSAL (SMALL CLAIMS)


    If you settle the case before trial, you must file a dismissal with the clerk. Please file your dismissal at least 3
    (three) court days prior to hearing date.

    TO THE CLERK: Please dismiss the Claim of Plaintiff/Petitioner as follows: (check applicable box)

    1.       With prejudice (may not file again)                     3.        Partial dismissal (for multiple Defendants/Respondents)
                                                                               Dismiss only as to
    2.       Without prejudice (may file again)                                a)       With prejudice (may not file again)
                                                                               b)       Without prejudice (may file again)

    Date:


                                                                     ►
                  (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PLAINTIFF/PETITIONER)




    If a claim of Defendant/Respondent has been filed, the Defendant/Respondent may dismiss their action as follows:

    TO THE CLERK: Please dismiss the Claim of Defendant/Respondent as follows: (check applicable box)

    1.       With prejudice (may not file again)                     3.        Partial dismissal (for multiple Plaintiffs/Petitioners)
                                                                               Dismiss only as to
    2.       Without prejudice (may file again)                                a)       With prejudice (may not file again)
                                                                               b)       Without prejudice (may file again)

    Date:


                                                                     ►
                  (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PLAINTIFF/PETITIONER)




    NOTE: In some facilities, if there is a Claim of Plaintiff/Petitioner AND a Claim of Defendant, and only one party wants to file a dismissal prior to
    the hearing, the party who wants to file the dismissal should file it in the Court when appearing on the other claim in the case. Check with the
    clerk at the Courthouse where your claim is filed for clarification.




SC-8007 REV 7/01/09                           REQUEST FOR DISMISSAL (SMALL CLAIMS)                                                             Page 1 of 1
                                                                                                         ATTACHMENT SC-8010
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address):                                  FOR COURT USE ONLY




 TELEPHONE NUMBER:                                 FAX NUMBER (Optional):

 EMAIL ADDRESS (Optional):

 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
       COURT ADDRESS:
     MAILING ADDRESS:
     CITY AND ZIP CODE:
                  DIVISION:   SMALL CLAIMS DIVISION
     PLAINTIFF:


     DEFENDANT:


                                                                                                CASE NUMBER:
         REQUEST AND ORDER TO SERVE THE CALIFORNIA
                    SECRETARY OF STATE

1.        I am the Plaintiff in this case.

2.        I ask that the Court order that I can serve the California Secretary of State on behalf of (name of
          corporation)                                                , the Defendant Corporation in this case.

3.        My request is based on this declaration and any records or evidence on file with the Court.

4.        I should be able to sue the Defendant Corporation in California because:




5.        I have verified with the California Secretary of State that (please check one):

                  The Defendant Corporation does not have a designated agent for service of process nor any
                  officers or agents in California.
                  The designated agent resigned and has not been replaced or is no longer authorized to act.
                  The agent cannot with reasonable diligence be found at the address designated for personally
                  delivering the process, and that process against the Defendant Corporation cannot be served
                  with reasonable diligence upon the designated agent by hand.
                  Other – explained on attached declaration.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.

Executed at (city):                                                    , California on (date)                           , 20




Print your name here                                                              Sign your name here



 SC-8010 REV 7/01/10               REQUEST AND ORDER TO SERVE THE CALIFORNIA                                                      Page 1 of 2
                                                                                                                          www.courtinfo.ca.gov
                                              SECRETARY OF STATE
PLAINTIFF:                                                             CASE NUMBER:

DEFENDANT:




                                            COURT ORDER

The Court having considered the application and good cause appearing, IT IS ORDERED:

    1. That the California Secretary of State accept service on behalf of (name of corporation)
                                                               , which has been doing business in the
       State of California, but has no designated Agent for Service nor are any Officers or Agents
       located in California and

    2. That the California Secretary of State shall promptly give notice to Defendant Corporation of the
       service of process of the claim against it by Plaintiff.



Date:
                                                    Judicial Officer




SC-8010 REV 7/01/10      REQUEST AND ORDER TO SERVE THE CALIFORNIA                                 Page 2 of 2

                                    SECRETARY OF STATE
                                                                                                           ATTACHMENT SC-8011
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address):                                FOR RECORDER’S USE ONLY




 TELEPHONE NUMBER:                                 FAX NUMBER (Optional):

 EMAIL ADDRESS (Optional):

 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
       COURT ADDRESS:
     MAILING ADDRESS:                                                                           CASE NUMBER:
     CITY AND ZIP CODE:
         BRANCH NAME:
     PLAINTIFF:                                                                                            FOR COURT USE ONLY




     DEFENDANT:



           REQUEST FOR SATISFACTION OF JUDGMENT BY
                      JUDGMENT DEBTOR

I,                                                                                    , the undersigned judgment debtor declare:

1.      Judgment was made and entered against me in this case for the total amount, including principal and costs,
        of $                                                                              ;

2.      I have made full payment of the judgment including accrued interest and costs;

3.      Check one of the boxes below:

               I have asked the judgment creditor to file an acknowledgement of satisfaction of the judgment and s/he
                refuses to do so.
               I have tried to contact the judgment creditor and the present address of judgment creditor is unknown.

4.      I have attached the original documents that are evidence the judgment creditor received full payment after the
        judgment. (Attach a cash receipt signed by the judgment creditor and/or a canceled check or money order
        payable to and endorsed by the judgment creditor.)      Because original documents are not available I have
        attached copies.

5.      An        Abstract of Judgment       Certified Copy of the Judgment has been recorded as follows
       (fill out all information for each County where recorded):

                        COUNTY                                DATE OF RECORDING                       INSTRUMENT NUMBER




I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at (city):                                                         , California on (date)                          , 20



Print your name here                                                        Sign your name here

 SC-8011 REV 7/01/10                     REQUEST FOR SATISFACTION OF JUDGMENT BY                               Corporation Code Sec. 1702, 2111
                                                                                                                                     Page 1 of 2
                                                    JUDGMENT DEBTOR
                                                       (Small Claims)
                                                                                        ATTACHMENT SC-8011
PLAINTIFF:                                                                 CASE NUMBER:

DEFENDANT:



                                               COURT ORDER
The Court having considered the request and good cause appearing, IT IS HEREBY ORDERED that a satisfaction
of judgment be entered herein.


Date:
                                                        Judicial Officer


                                  CLERK’S CERTIFICATE OF MAILING
I certify that I am not a party to this cause and that a true copy of the foregoing was mailed first class, postage
prepaid, in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of
this certificate occurred

at                                                      , California, on (date):                                         .




                                                          By:
                                                                               Deputy Court Clerk




SC-8011 REV 7/01/10           REQUEST FOR SATISFACTION OF JUDGMENT BY                      Corporation Code Sec. 1702, 2111
                                                                                                                 Page 2 of 2
                                         JUDGMENT DEBTOR
                                            (Small Claims)
                         SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                   COUNTY OF SANTA CLARA
                                                         CRIMINAL RULES
1    GENERAL.........................................................................................................................................1
     A.  SUPERVISING JUDGE – CRIMINAL .................................................................................1
     B.  CALENDAR CALL ...............................................................................................................1
     C.  MASTER CALENDAR TRIAL MOTIONS..........................................................................1
     D.  MOTIONS TO CONSOLIDATE ...........................................................................................2
     E.  CALENDAR SCHEDULE.....................................................................................................2
     F.  READINESS CONFERENCE ...............................................................................................3
     G.  MISDEMEANORS – TRIALS AND PRETRIALS...............................................................4
     H.  COURTHOUSES ...................................................................................................................4
2    CONTINUANCES ............................................................................................................................5
3    APPEARANCES...............................................................................................................................5
     A.   APPEARANCE OF COUNSEL.............................................................................................5
     B.   ATTORNEY OF RECORD....................................................................................................5
     C.   APPEARANCE OF DEFENDANT .......................................................................................6
     D.   REQUESTS FOR INTERPRETERS......................................................................................6
4    DOCUMENTS PRESENTED FOR FILING.................................................................................6
     A.  SECURING OF DOCUMENTS.............................................................................................6
     B.  THICKNESS OF DOCUMENTS...........................................................................................6
5    LAW AND MOTION .......................................................................................................................7
     A.   DEPARTMENTS ...................................................................................................................7
     B.   FILING ...................................................................................................................................7
6    PROPOSED ORDERS ...................................................................................................................12
7    WRITS .............................................................................................................................................12
     A.  CRIMINAL COURT CLERK’S OFFICE FILING..............................................................12
     B.  CIVIL COURT CLERK’S OFFICE FILING.......................................................................12
8    SUBPOENAS DUCES TECUM ....................................................................................................12
9    REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC SOUND
     RECORDING FOR RECORD ON APPEAL, WRITS, OR OTHER HEARINGS
     FOR MISDEMEANORS OR INFRACTIONS............................................................................13
10   TRIAL JURORS.............................................................................................................................14
     A.   TRIAL JURORS...................................................................................................................14
11   SPECIAL CONSIDERATION IN DOMESTIC VIOLENCE CASES .....................................15
     A.   CRIMINAL COURT PROCEDURE ON PROTECTIVE ORDERS-COURT
          COMMUNICATIONS .........................................................................................................15
     B.   MODIFICATION OF CRIMINAL PROTECTIVE ORDERS – COURT
          COMMUNICATIONS .........................................................................................................15
     C.   CONSIDERATIONS FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE ..........16
     D.   PROPERTY REMOVAL ORDERS.....................................................................................17

12   TRAFFIC DIVISION – TRIAL BY WRITTEN DECLARATION ..........................................17
                              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                        CRIMINAL RULES
RULE 1           GENERAL
           A.    SUPERVISING JUDGE – CRIMINAL
                 The Criminal Division of the Superior Court shall be supervised by a judge
                 appointed by the Presiding Judge and designated as the Supervising Judge –
                 Criminal.
           B.    CALENDAR CALL
(Eff. 1/01/11)
                 Except in Direct Calendar Departments, the Supervising Judge – Criminal or
                 his/her designee shall call the Felony Master Trial Calendar, Felony Arraignment
                 Calendar, Felony After-Arraignment Calendar and any other calendar he/she
                 designates. These calendars shall be called in Department 24 at the Hall of
                 Justice located at 190 West Hedding Street, San José, California. No probation
                 violation matters, trailing sentencing matters, trailing misdemeanor cases, felonies
                 still in limited jurisdiction or pretrial conference matters shall be set on the Master
                 Trial Calendar, Arraignment Calendar or After Arraignment Calendar.

                 At the arraignment on the information or indictment regardless of location or
                 calendar type, the following dates must be set after a plea of not guilty, including
                 a plea of not guilty by reason of insanity, unless otherwise ordered for good
                 cause:

                        (1)     Trial, giving priority to a case entitled to it under law, and
                        (2)     Filing and service of motions and responses and hearing thereon.

                 At the arraignment on the information or indictment regardless of location or
                 calendar type, plea of not guilty must be entered if a defendant represented by
                 counsel fails to plead or demur; and an attorney may not appear specially.
(Eff. 1/01/11)
           C.    MASTER TRIAL CALENDAR MOTIONS

                 Motions to restore, motions to advance, uncontested motions to consolidate and
                 other motions pertaining to the Felony Master Trial Calendar shall be set and
                 heard in the department of the Supervising Judge – Criminal.

                 For all criminal cases, whether felony or misdemeanor, and regardless of Court
                 location, all requests for funds for the payment of investigators, experts, and
                 others for the preparation or presentation of the defense shall be heard by the
                 Supervising Judge - Criminal or his/her designee other than the trial judge
                 presiding over the case in question. The application for funds shall be by affidavit
                 and shall specify that the funds are reasonably necessary for the preparation or
                 presentation of the defense. The fact that an application has been made shall be
                 confidential, and the contents of the application shall be confidential.
(Eff. 1/01/11)




                                                   1
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      CRIMINAL RULES

           D.    MOTIONS TO CONSOLIDATE

                 Contested motions to consolidate shall be heard in the appropriate Law and
                 Motion Department.

           E.    CALENDAR SCHEDULE

                 (1)   HALL OF JUSTICE COURTHOUSE

                       The Felony Master Trial Calendar shall be called at 8:30 a.m. on Monday.
                       The Felony Arraignment Calendar shall be called on Monday at 1:30 p.m.
                       If Monday is a holiday, these two calendars shall be called on Tuesday at
                       the above times. The Felony After-Arraignment Calendar shall be called
                       at 1:30 p.m. on Wednesday. The deadline to place matters on the Felony
                       After-Arraignment Calendar is noon on the Thursday immediately before
                       the calendar is called, except for motions pursuant to Penal Code § 1050
                       which are governed by Rule 2.

                 (2)   OTHER COURTHOUSES

                       Specific calendars for other courthouses will be as specified in the “Santa
                       Clara County Superior Court Protocol” on file in the Clerk’s Office of
                       each courthouse and available in each courtroom in these facilities.
(Eff. 1/01/06)
                 (3)   DRUG COURT CALENDARS

                       a.     The Presiding Judge shall assign to the Criminal Division of the
                              Superior Court a sufficient number of judges to serve at a
                              designated courthouse to process all felony drug cases. Judges at
                              this facility shall conduct all felony arraignments, pre-trial
                              proceedings, settlement conferences, pleas and sentencing
                              proceedings as well as the assignment of dates for preliminary
                              examinations.
(Eff. 1/01/06)
                       b.     The establishment of the Drug Court calendars is based upon the
                              following statements:

                              (1)    The Court receives a substantial number of narcotic cases
                                     each year that are recognized as a distinct subject within the
                                     Criminal Division.

                              (2)    The establishment of the drug court calendars recognizes
                                     the need to incorporate substance abuse treatment programs
                                     where appropriate with criminal case processing in a timely
                                     and efficient manner.
(Eff. 7/26/00)
                              (3)    The drug treatment court as approved in September of 1995
                                     by the judges of the former Municipal and Superior Courts
                                                2
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       CRIMINAL RULES
                                       of Santa Clara County is recognized as a component of the
                                       Drug court calendars.

                        c.      Schedules for the Drug Court calendars will be specified in the
                                Santa Clara County Superior Court Protocol on file in the Clerk’s
                                Office.

                        d.      Criteria for the assignment of cases to the Drug Court calendars,
                                including the Drug Treatment Court, shall be specified in the Santa
                                Clara County Superior Court Protocol on file in the Clerk’s Office.
(Eff. 7/26/00)
                 (4)    DOMESTIC VIOLENCE CALENDARS

                        The Presiding Judge shall assign to the Criminal Division of the Superior
                        Court a sufficient number of judges to preside over felony and
                        misdemeanor domestic violence cases in the Domestic Violence Court.
                        The Domestic Violence Court will hear felony and misdemeanor domestic
                        violence cases from arraignment through disposition and sentencing, and
                        will hold hearings to monitor treatment progress and probation
                        compliance.
(Eff. 1/1/08)
           F.    READINESS CONFERENCE

                 Except for those cases assigned to one judge for all purposes, a Readiness
                 Conference for felony cases on the Master Trial Calendar shall be conducted at
                 9:00 a.m. on the judicial day immediately proceeding the day the Master Trial
                 Calendar is called. The Readiness Conference shall be held in the chambers of
                 the Supervising Judge – Criminal. A representative of the District Attorney’s
                 Office, Public Defender’s Office, Alternative Defender’s Office, and Independent
                 Defender’s Office is required to be present. Counsel is required to notify the
                 Court of their trial readiness status at the Readiness Conference. This notification
                 shall be made as follows:
(Eff. 1/01/11)
                 (1)    Representatives of the various law offices mentioned above shall notify
                        the Supervising Judge - Criminal of the status of those attorneys in their
                        office. Trial Counsel is therefore expected to communicate their status to
                        those representatives in advance of the Conference.
(Eff. 1/01/11)
                 (2)    All counsel shall notify the Criminal Calendar Secretary of their trial
                        readiness status no later than 3:30 p.m. on the day before the Readiness
                        Conference.
(Eff. 1/01/11)




                                                  3
RULE 3 – con’t                SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                         CRIMINAL RULES

           G.    MISDEMEANORS – TRIALS AND PRETRIALS

                 (1)    All cases, whether in-custody or out-of-custody, shall be set for a
                        mandatory pretrial conference before being set on a jury trial calendar.

                 (2)    The presence of counsel on all sides shall be mandatory at the pretrial
                        conference.

                 (3)    All discovery and all pretrial motions shall be completed before the matter
                        is set for trial.
(Eff. 7/01/02)


           H.    COURTHOUSES

                 Adult criminal matters are filed and heard in the courthouses indicated below.
                 Any case may be assigned to another courthouse for discussion, hearing and/or
                 trial at the discretion of the Supervising - Criminal and/or Presiding Judge. If a
                 Court employee or deputy sheriff working at a facility, or a member of his or her
                 family, is a party to a case, the clerk or Supervising Judge - Criminal Division
                 shall transfer the case to another facility, unless a statute specifies the location for
                 the initial appearance and the party has not yet attended that initial appearance.
(Eff. 1/01/11)
                 (1)    HALL OF JUSTICE COURTHOUSE

                        All misdemeanor, felony, and Municipal Code matters arising within
                        Campbell, Los Gatos, Milpitas, Monte Sereno, San José, Santa Clara, and
                        Saratoga and adjacent unincorporated areas are filed and heard in this
                        courthouse, except drug offenses that are heard in the Terraine
                        Courthouse.
(Eff. 1/01/06)
                 (2)    TERRAINE COURTHOUSE

                        No criminal matters are filed in this Courthouse. All felony and
                        misdemeanor drug offenses that would otherwise be heard in the Hall of
                        Justice are heard in this Courthouse, except misdemeanor arraignments
                        and trials.
(Eff. 7/01/12)
                 (3)    SOUTH COUNTY COURTHOUSE

                        All misdemeanor, felony, and Municipal Code matters and traffic
                        infractions arising in Gilroy, Morgan Hill, and San Martin and adjacent
                        unincorporated areas are filed and heard in this courthouse.
(Eff. 1/01/06)




                                                    4
RULE 3 – con’t                SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                        CRIMINAL RULES

                  (4)    PALO ALTO COURTHOUSE
                         All misdemeanor, felony, and Municipal Code matters and traffic
                         infractions arising within Cupertino, Los Altos, Los Altos Hills, Mountain
                         View, Sunnyvale and Palo Alto and adjacent unincorporated areas are
                         filed in this courthouse.
(Eff. 7/01/12)
                  (5)    SANTA CLARA COURTHOUSE

                         All traffic infractions arising within Campbell, Los Gatos, Milpitas, Monte
                         Sereno, San José, Santa Clara, and Saratoga are heard in this courthouse.
(Eff. 1/01/09)


RULE 2            CONTINUANCES

           All requests to continue the trial of matters on the Master Trial Calendar shall only be
           heard by the Supervising Judge – Criminal on the After-Arraignment Calendar. Unless
           good cause is shown, requests to continue shall be heard on the After Arraignment
           Calendar before the matter’s appearance on the Master Calendar. Unless good cause is
           shown, the deadline for placing Penal Code § 1050 requests on the After Arraignment
           calendar is noon on the Monday immediately preceding the calling of that After
           Arraignment Calendar. Requests for continuances in the trial department shall
           immediately be referred back to the department of the judge supervising the Master Trial
           Calendar.
(Eff. 1/01/11)


RULE 3            APPEARANCES

           A.     APPEARANCE OF COUNSEL

                  (1)    Counsel must appear at all hearings, unless other counsels appear for them
                         or prior arrangements are made with the Court.

                  (2)    Counsel shall advise the Court of any conflicting appearance in the court
                         of another county prior to requesting or agreeing to any hearing date.
                         Furthermore, counsel shall not request or agree to any hearing date in
                         another county that conflicts with a hearing date previously set by the
                         Court.
(Eff. 7/26/00)


           B.     ATTORNEY OF RECORD

                  In compliance with California Penal Code § 987.1, all counsel who represented a
                  defendant at the preliminary examination or at the time the defendant was
                  otherwise held to answer shall appear and represent the defendant at the time of
                  arraignment on the Information. Any request to be relieved as attorney of record
                  should be made at this first appearance.
(Eff. 7/26/00)

                                                  5
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       CRIMINAL RULES

           C.    APPEARANCE OF DEFENDANT

                 (1)    Consistent with California Penal Code § 977, in felony cases, the
                        defendant must be present each time his/her matter is called in Court,
                        including when matters are submitted, unless a written waiver is on file.
                        Absent a written waiver of appearance, failure of the defendant to appear
                        will result in the issuance of a bench warrant. A written waiver of
                        appearance shall not relieve a defendant from appearing at the
                        Arraignment, Preliminary Examination, at the time of Plea, Master Trial
                        Calendar (MTC), motions under Penal Code § 1050, and Sentencing.
(Eff. 1/01/11)
                 (2)    In misdemeanor cases, defendants may appear in person or by counsel.
                        However, a defendant must be present in Court if specifically ordered by
                        the Court as allowed by Penal Code § 977 or required by statute. In
                        misdemeanor domestic violence cases as defined by Penal Code
                        § 977(a)(2), the defendant shall be present for arraignment and sentencing,
                        and at any time during the proceedings when ordered by the Court for the
                        purpose of being informed of the conditions of a protective order issued
                        pursuant to § 136.2.
(Eff. 1/01/11)
           D.    REQUESTS FOR INTERPRETERS

                 Prosecution and defense requests for interpreters for trial, preliminary hearings,
                 motions, or any other appearances, must be made in open court at the time these
                 matters are set.

RULE 4           DOCUMENTS PRESENTED FOR FILING

           A.    SECURING OF DOCUMENTS

                 All papers and documents presented for filing shall have two standard pre-
                 punched holes approximately 2 ¾” on center apart centered approximately 5/8”
                 from the top of the paper or document.

           B.    THICKNESS OF DOCUMENTS

                 All papers and documents presented for filing shall not exceed 1 ½” in thickness,
                 unless approved by the Judge in whose Court the matter is to be heard.




                                                 6
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       CRIMINAL RULES

RULE 5           LAW AND MOTION

           A.    DEPARTMENTS

                 Law and Motion matters shall be heard as follows:

                 (1)    MISDEMEANOR CASES

                        All motions shall be heard in the pretrial department to which that
                        misdemeanor case is assigned.

                 (2)    FELONY DRUG/NARCOTIC CASES (NON-THREE STRIKE
                        CASES)

                        All motions shall be heard by the Judge specifically assigned to hear such
                        motions.

                 (3)    DOMESTIC VIOLENCE CASES

                        All motions shall be heard in the pretrial department to which that
                        domestic violence case is assigned.

                 (4)    OTHER MOTIONS

                        Motions in all other cases shall be heard by the Judge assigned to the
                        Criminal Law and Motion department in the designated courthouse.
(Eff. 1/01/06)
           B.    FILING

                 Unless indicated otherwise, the following shall apply to ALL law and motion
                 matters:

                 (1)    COURT FILING

                        The party filing any motion paper must file the original in the Criminal
                        Court Clerk’s office in which the case is to be heard and on general
                        jurisdiction matters provide a courtesy copy for the research attorney/law
                        clerk of the Court assigned to hear the matter.
(Eff. 1/26/11)
                 (2)    SERVICE OF COPIES

                        A copy of all moving and responding papers must be served upon
                        opposing counsel, co-counsel and counsel for all co-defendants the same
                        day that the originals are filed, unless previously served. Service upon the
                        District Attorney and Public Defender can be accomplished by depositing
                        the documents in those offices’ mail boxes located in the Criminal Court
                        Clerk’s office at the Hall of Justice.


                                                 7
RULE 5 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                 CRIMINAL RULES
                 (3)   LAST DAY TO FILE

                       The last day to file and hear motions shall be set or can be obtained at the
                       time of arraignment in Superior Court, unless otherwise agreed to by the
                       Court hearing the motion. (See also Criminal Rule 5(B) (4) below.)

                 (4)   UNLESS OTHERWISE ORDERED BY THE COURT

                       a.     All motions and applications, together with supporting papers,
                              documents and Points and Authorities, must be filed with the
                              Criminal Court clerk in the appropriate courthouse no later than 15
                              full calendar days prior to the date set for hearing. This
                              requirement applies except where inconsistent with a state rule of
                              court or statute. (See e.g. CCP § 1005 requiring 16 court days for a
                              Pitchess/EC § 1043 motion.)
(Eff. 1/01/06)
                       b.     Unless waived by the Court, or unless the party that would respond
                              to the motion plans on conceding it, a written opposition, together
                              with supporting papers, documents, and Points and Authorities
                              must be filed.

                       c.     All written responses, together with supporting papers, documents and
                              Points and Authorities, must be filed with the Criminal Court clerk no
                              later than five full Court days prior to the date set for hearing. The reply
                              must be filed two Court days prior to the date set for the hearing.
(Eff. 1/01/11)
                       d.     Failure of the moving or responding party to comply herewith shall be
                              sufficient grounds for the Court to refuse to consider the matters
                              contained in such moving or responding papers, as the case may be.

                       e.     Except for limited jurisdiction matters, any motion to be filed
                              containing a requested hearing date on or after the trial date must
                              have the approval initials of the Supervising Judge – Criminal or
                              his/her designee.
(Eff. 1/01/11)
                 (5)   CONTINUANCES AND RE-SETTING, WITHDRAWAL OF TIME
                       WAIVERS

                       a.     Except in unusual or exigent circumstances, any party intending to
                              request a continuance or not to proceed in any matter set for
                              hearing shall promptly so inform all other counsel and THEN
                              inform the Court assigned to hear the motion. This notification
                              must be at least two court days preceding the hearing. It is
                              counsel’s responsibility in felony cases to place the case on the
                              After-Arraignment Calendar if continuing the motion will require
                              re-setting the trial date. Continuing the trial date will not be
                              allowed in the Law and Motion department. (See 2, supra.)
(Eff. 1/01/11)


                                                  8
RULE 5 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      CRIMINAL RULES
                       b.     The Court shall have complete discretion concerning continuances,
                              including the authority to deny any continuance and to rule in the
                              absence of counsel, or to order the matter off calendar,
                              notwithstanding any stipulation of counsel.

                       c.     If a case has not been set for trial, withdrawal of a defendant’s
                              previously entered time waiver of speedy trial shall be by written
                              Notice of Withdrawal of Time waiver filed in the department of
                              the judge supervising the Master Trial Calendar. In the alternative,
                              the withdrawal of time waiver may be made orally on the record by
                              the defendant or his counsel in that department. If the case has
                              been set for trial, the written Notice of Time waiver shall be filed
                              or the oral withdrawal of time waiver shall be made, in the
                              department where the cause is set for trial.
(Eff. 1/01/11)
                 (6)   REQUESTS FOR ORDERS SHORTENING TIME

                       All requests for Orders Shortening Time shall be signed only by the Judge
                       hearing the motion or his/her designee.

                 (7)   NOTICE OF MOTION AND RESPONSE

                       a.     Except for motions brought pursuant to California Penal Code §
                              995, if the motion is to be submitted in whole or in part on the
                              transcript of the preliminary examination, or the transcript of any
                              prior proceeding, the Notice of Motion and/or the Response must
                              so state.

                       b.     In any Motion brought pursuant to California Penal Code §
                              1538.5(i) that is to be presented de novo, notice of this fact must
                              also be set out on the first page of the moving and responding
                              papers.
(Eff. 1/01/11)
                       c.     Failure to comply with any portion of this Criminal Rule 5(B) shall
                              be sufficient cause for the Court to refuse to consider any transcript
                              of a prior proceeding, allow the calling of additional witnesses or
                              to allow a de novo hearing.

                 (8)   MOTIONS TO SUPPRESS EVIDENCE

                       The notice of a motion brought pursuant to California Penal Code §
                       1538.5 shall describe and list the evidence which is the subject of the
                       motion to suppress and shall be served with a Memorandum of Points and
                       Authorities.
(Eff. 7/01/02)




                                                9
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       CRIMINAL RULES

                 (9)    ORAL TESTIMONY

                        In all matters, oral testimony shall not be permitted unless the Court orders
                        otherwise, except de novo hearings brought pursuant to California Penal
                        Code § 1538.5. The Court shall have complete discretion as to the
                        necessity for, nature and extent of oral argument. Notice of intent to call
                        witnesses must be specifically set out on the first page of the moving
                        and/or responding papers.

                 (10)   EX PARTE MATTERS

                        Except as otherwise provided by law, for any application involving ex
                        parte relief, reasonable advance notice must be given to opposing counsel,
                        co-counsel and counsel for co-defendants. The presence of counsel or the
                        applicant shall be required in any such matter.

                 (11)   COMPLIANCE WITH RULES OF COURT

                        a.     All papers filed in Law and Motion matters, and all proceedings
                               thereunder, shall be in accordance with the applicable statutes,
                               California Rules of Court and these Criminal Court Rules.

                        b.     A mere citing of code sections which authorize the filing of a
                               motion is not in compliance with the California Rules of Court or
                               these Rules. Except as otherwise authorized by statute or Rule of
                               Court, application for any relief, or any opposition to relief sought,
                               shall be supported by a Memorandum of Points and Authorities.

                        c.     All case citations must include the official report volume, page
                               number, and year of decision.
(Eff. 7/01/08)
                        d.     In any matter where a party is relying on out-of-state or federal
                               authority, a copy of the entire authority must be provided.

                        e.     Unless prior authorization is obtained from the Law and Motion
                               Judge, all Memoranda of Points and Authorities shall be no longer
                               than 15 pages.

                 (12)   MEMORANDUM OF POINTS AND AUTHORITIES

                        A Memorandum of Points and Authorities shall contain a concise
                        statement of facts, a concise statement of the law, evidence and arguments
                        relied upon, a discussion of the statutes, cases and textbooks cited in
                        support of the position advanced. When a party intends to rely on a
                        transcript, the page number of the transcript must be cited.



                                                 10
RULE 5 – con’t          SUPERIOR COURT OF CALIFORNIA
                           COUNTY OF SANTA CLARA
                            CRIMINAL RULES
            (13)   MOTION TO JOIN

                   Any party seeking to join in any motion shall set out the relevant facts and
                   law as it relates to that joining party in particular.

            (14)   ESTIMATE OF TIME

                   All moving, responding and joining papers must set out an accurate time
                   estimate on the first page. If the time estimate is in excess of two hours or
                   cannot be heard on a regular Law and Motion calendar, the motion may be
                   reset on the Master Trial Calendar.

            (15)   SEARCH WARRANTS

                   When a defendant is seeking to quash or traverse a search warrant, a copy
                   of the search warrant affidavit must be provided and attached to the
                   moving papers.

            (16)   MOTIONS FOR REINSTATEMENT

                   When moving to reinstate a complaint, the prosecuting attorney must
                   provide a copy of the preliminary examination transcript.

            (17)   POST-TRIAL MOTIONS

                   a.     Post-trial motions, motions for new trial and other matters related
                          to contested cases shall be set and heard in the department where
                          the Judge who heard the matter is currently sitting. The time and
                          date of the hearing shall be set only by the Judge of such
                          department.

                   b.     In the event that the original trial Judge is retired or no longer
                          available, matters in Criminal Rule 5(B) (17) (a) will be assigned
                          out for hearing by the Supervising Judge – Criminal.

            (18)   SENTENCE MODIFICATION

                   Motions for modification of sentence shall be heard as set out in Criminal
                   Rule 5 (B) (17) (a), supra. For all requests for modification of sentence,
                   notice must be sent to the District Attorney’s Office as well as the Adult
                   Probation Department (in cases in which formal probation has been
                   granted) before such request will be considered or calendared for hearing.
                   Proof of such notice must be attached to the original request filed with the
                   Court. Failure to do so will result in the request being treated as an
                   improper ex parte communication with the Court and will be discarded.




                                            11
RULE 5 – con’t                SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                         CRIMINAL RULES

                  (19)    USE OF JUVENILE RECORDS

                          Attorneys or defendants who are involved in a criminal proceeding in the
                          Superior Court of California, County of Santa Clara, and who seek
                          juvenile records for use in the pending criminal action shall, in addition to
                          filing a W&I Code § 827 Petition in the Juvenile Court, concurrently file a
                          Declaration of Filing of Juvenile Court 827 Petition in the criminal case
                          (Attachment CR-6082).
(Eff. 7/01/12)


RULE 6            PROPOSED ORDERS
                  Any proposed order submitted to the Court for signature must contain a footer
                  with the title of the order on every page, including the signature page, unless it is
                  a Judicial Council form. In addition, the Court signature and date lines must not
                  be on a page by themselves; the signature page must contain some text of the
                  order.
(Eff. 1/01/10)


RULE 7            WRITS

           A.     CRIMINAL COURT CLERK’S OFFICE FILING

                  Petitions for writs such as Writs of Habeas Corpus, Writs of Mandate or Writs of
                  Coram Nobis in criminal cases shall be filed in the Criminal Division at the Hall
                  of Justice.
(Eff. 7/01/11)
           B.     CIVIL COURT CLERK’S OFFICE FILING

                  (1)     Petitions for Writs of Mandate and/or Prohibition shall be filed in the Civil
                          Division of the Downtown Superior Courthouse located at 191 North First
                          Street, San José, California.
(Eff.1/01/06)
                  (2)     Petitions for Writs of Habeas Corpus Re: Quarantine Detention shall be
                          filed in the Probate Division of the Downtown Superior Courthouse
                          located at 191 North First Street, San José, California.
(Eff. 7/01/11)


RULE 8            SUBPOENAS DUCES TECUM

           All subpoenas duces tecum in criminal cases must comply with Penal Code § 1326 and
           Evidence Code § 1560, and when applicable CCP § 1985.3, and shall be returnable to the
           court. In the event materials which are the subject of a subpoena are received by a party,
           an attorney, or an attorney’s agent or investigator directly from the subpoenaed party, the
           person receiving such materials shall immediately lodge such materials with the clerk of
           the court. The materials shall not be opened, reviewed or copied by the recipient without
           a prior court order.
(Eff. 7/01/05)

                                                   12
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      CRIMINAL RULES

RULE 9           REQUEST FOR COPY/TRANSCRIPT OF ELECTRONIC SOUND
                 RECORDING FOR RECORD ON APPEAL, WRITS, OR OTHER
                 HEARINGS FOR MISDEMEANORS OR INFRACTIONS

                 (1)   The courthouse supervisor or his/her designee shall retain custody of the
                       original sound recording, unless ordered to deliver it to the reviewing
                       court. Tapes shall be under the control of the Court Services Manager.
(Eff. 1/01/08)
                 (2)   The Court Services Manager or his/her designee shall make the original
                       sound recording available to the parties and counsel for listening in
                       courthouses during normal business hours within 72 hours of submission
                       of a request to the Court Services Manager.
(Eff. 1/01/08)
                 (3)   At the time of filing of a Notice of Appeal, Notice of Petition for Writ or
                       Notice of Motion, or within 10 days of the filing of such notice, counsel
                       for the appellant, petitioner or moving party (or by the party if
                       unrepresented by counsel), shall advise the Court if there is a request for a
                       copy of the recording or its transcript. Such request shall be made in
                       writing to the clerk at the courthouse in which the appeal/petition/notice is
                       filed.
(Eff. 1/01/08)
                 (4)   Courthouse staff shall inform the requesting party of the current cost per
                       recording and collect the fees at the time the request is submitted.
(Eff. 1/01/08)
                 (5)   Within 48 hours of receipt of the request, the clerk of the courthouse shall
                       forward the request to the Court Services Manager or his/her designee.
(Eff. 1/01/08)
                 (6)   When a request is made for a copy of the recording of the proceedings, the
                       following shall apply:
(Eff. 1/01/08)
                       a.     Within 10 days of receipt of the request, the Court Services
                              Manager or his/her designee shall prepare and label one copy of
                              the original sound recording for each requesting party. The copies
                              shall be playable at 1 7/8” per second.
(Eff. 1/01/08)
                       b.     The Court Services Manager or his/her designee shall promptly
                              contact the appropriate parties to arrange for them to pick up their
                              copy of the recording.
(Eff. 1/01/08)
                       c.     In all cases involving appeals, the applicable California Rules of
                              Court shall then apply regarding the settlement of a statement of
                              proceedings.




                                                13
RULE 9 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       CRIMINAL RULES

                        d.     In cases involving appeals, counsel for the moving party shall
                               serve opposing counsel or party, if unrepresented, with either a
                               transcript or a copy of the recording requested within 10 days of
                               receipt of the copy of the recording.
(Eff. 1/01/08)
                 (7)    When a request is made for a transcript of the proceedings upon filing of
                        Notice of Appeal (CR-142) the following shall apply:
                        a.     Upon filing Notice of Appeal (Judicial Council form CR-142) the
                               Traffic Appeals Clerk shall notify Court Services that appellant has
                               selected paragraph 4(b) entitled “Transcript from Official
                               Electronic Recording” in form CR-142.
                        b.     Court Services shall determine length and cost of transcript from
                               official recording.
                        c.     Court Services shall notify appellant of the estimated costs for the
                               transcript and all necessary copies (in the same manner as a court
                               reporter would and with the same time constraints as in the appeal
                               process).
                        d.     After receipt of appellant’s payment at the facility of their appeal,
                               the Traffic Appeals Clerk will notify Court Services to prepare
                               transcript.
                        e.     The Court Services Manager or his/her designee shall promptly
                               send a copy of the original recording to the transcriptionist.
                        f.     In appeal proceedings, the California Rules of Court shall apply.
(Eff. 1/01/11)


RULE 10          TRIAL JURORS

           A.    Release of Juror Information shall be allowed only as provided in CCP § 237.
(Eff. 7/01/02)




                                                14
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      CRIMINAL RULES
RULE 11          SPECIAL CONSIDERATION IN DOMESTIC VIOLENCE CASES
(Eff. 1/01/10)


           A.    CRIMINAL COURT PROCEDURE ON PROTECTIVE ORDERS-
                 COURT COMMUNICATIONS
(Eff. 1/01/10)
                 (1)   When the Criminal Court issues Criminal Protective Orders protecting
                       victims, the Criminal Court shall inquire of the defendant/restrained
                       person whether there are any children of the relationship between the
                       defendant/restrained person and the victim/protected person, and whether
                       there are any court orders for custody/visitation for those children. If there
                       are children, the Criminal Court shall consider whether peaceful contact
                       with the victim/protected person should be allowed for the purpose of
                       allowing defendant/restrained person to visit the children. The Court shall
                       give the defendant/restrained person the Restrained Person Packet
                       concerning his or her rights to request custody and/or visitation through
                       the Family or Juvenile Court, along with directions to the Self-Service
                       Center. The Criminal Court shall also inquire of the defendant/restrained
                       person whether there are any existing protective/restraining orders
                       involving the defendant/restrained person, the victim/protected person,
                       and/or the children. Subject to available resources, the Court shall
                       examine available databases for existing protective or restraining orders
                       before issuing permanent Criminal Protective Orders.

                 (2)   When the Criminal Court issues Criminal Protective Orders which list the
                       defendant/restrained person’s minor children as protected persons, the
                       Criminal Court shall fax a copy of its Order to the Supervising Judge of
                       the Family Court, unless the Criminal Court is aware that a Juvenile or
                       Probate Court proceeding concerning the family is pending, in which case
                       a copy of the order shall be faxed to the applicable Juvenile or Probate
                       Court.

           B.    MODIFICATION OF CRIMINAL PROTECTIVE ORDERS – COURT
                 COMMUNICATIONS
(Eff. 1/01/10)
                 (1)   Any Court responsible for issuing custody or visitation orders involving
                       minor children of a defendant/restrained person subject to a Criminal
                       Protective Order may modify the Criminal Protective Order if all of the
                       following circumstances are satisfied:
(Eff. 1/01/06)
                       a.     Both the defendant/restrained person and the victim/protected
                              person are subject to the jurisdiction of the Family, Juvenile, or
                              Probate Court, and both parties are present before the Court.




                                                15
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      CRIMINAL RULES
                       b.     The defendant/restrained person is on probation (formal or court)
                              for a domestic violence offense in Santa Clara County or is
                              currently charged with a domestic violence related offense in Santa
                              Clara County and a Criminal Protective Order has issued.
(Eff. 1/01/06)
                       c.     The Family, Juvenile, or Probate Court identifies a Criminal
                              Protective Order issued against the defendant, which is
                              inconsistent with a proposed Family, Juvenile, or Probate Court
                              Order, such that the Family, Juvenile, or Probate Order is/will be
                              more restrictive than the Criminal Protective Order or there is a
                              proposed custody or visitation order which requires recognition in
                              the Criminal Protective Order (Boxes 13 or 14 or both on the
                              Criminal Protective Order form).
(Eff. 1/01/07)
                       d.     The defendant signs an appropriate waiver of rights form or enters
                              a waiver of rights on the record.

                       e.     Both the victim/protected person and the defendant/restrained
                              person agree that the Criminal Protective Order may be modified
                              to a more restrictive order or to add Box 13 or 14 or both to the
                              Criminal Protective Order.
(Eff. 1/01/07)
                 (2)   The Family, Juvenile, or Probate Court may not modify existing Criminal
                       Protective Orders to be less restrictive. Only if children are not listed as
                       protected persons, a modification of the Criminal Protective Order to
                       check Box 13 or 14 or both shall not be considered less restrictive.
(Eff. 1/01/07)
                 (3)   The Family, Juvenile, or Probate Court may on its own motion or at the
                       request of a defendant, protected person or other interested party, calendar
                       a hearing before the Criminal Court on the issue of whether a Criminal
                       Protective Order should be modified. The Family, Juvenile, or Probate
                       Court shall provide the Criminal Court with copies of existing or proposed
                       Orders relating to the matter. Notice of the hearing will be provided to all
                       counsel and parties.
(Eff. 1/01/07)

           C.    CONSIDERATIONS FOR CHILDREN EXPOSED TO DOMESTIC
                 VIOLENCE

                 (1)   In addition to determining the names and birthdays of any children, the
                       Court will make a determination from competent evidence whether any
                       child was exposed to domestic violence. If any child has been exposed to
                       domestic violence, the Court will distribute to a responsible adult a packet
                       of information entitled “Therapeutic Services for Children Exposed to
                       Domestic Violence,” and will assist in making outside services available
                       as early as possible in the criminal proceedings.



                                                16
RULE 11 – con’t               SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                        CRIMINAL RULES

                 (2)    Where appropriate, the Court will order restitution to pay for the services,
                        and utilize any other service available to the Court to carry out the Court’s
                        intention to connect children with such services.
(Eff. 1/01/10)

           D.    PROPERTY REMOVAL ORDERS
                 In cases where the Court allows the Restrained Person to remove his/her
                 “necessary personal property” from the Protected Person’s residence as a one time
                 exception to the Protective Order, Attachment CR-6072 (Property Removal
                 Orders) shall be completed by and filed by the Court and each party shall be
                 provided with one certified copy of the same.
(Eff. 1/01/11)

RULE 12          TRAFFIC DIVISION – TRIAL BY DECLARATION
                 The Court adopts the trial by declaration process defined in Vehicle Code
                 § 40902. Additionally, pursuant to Vehicle Code § 40903, any person who fails
                 to appear as provided by law may be deemed to have elected to have a trial by
                 written declaration upon any alleged infraction, as charged by the citing officer,
                 involving a violation of the Vehicle Code or any local ordinance adopted pursuant
                 to the code. In eligible cases the Court will conduct the trial in absentia and it will
                 be adjudicated on the basis of the notice to appear issued pursuant to Vehicle
                 Code § 40500 and any business record or receipt, sworn declaration of the
                 arresting officer, or written statement or letter signed by the defendant that is in
                 the file at the time the trial by declaration is conducted.

                 If there is a guilty finding, the conviction shall be reported to the DMV and the
                 defendant notified of the disposition of the case, the amount of imposed fines and
                 fees, and the defendant’s right to request a trial de novo within a specified period
                 of time. If there is no timely request for a trial de novo and the fines and fees are
                 not paid by the due date, the case will proceed to civil assessment pursuant to
                 Penal Code § 1214.1. Additionally, the DMV will be notified of the failure to
                 pay pursuant to Vehicle Code § 40509.5(b), which can result in a suspension of
                 the defendant’s driver’s license pursuant to Vehicle Code § 13365(a) (2) until all
                 obligations to the Court are satisfied.
(Eff. 1/01/08)




                                                   17
                     CRIMINAL COURT RULES


                        ATTACHMENTS



ATTACHMENT CR-6072     Property Removal Orders

ATTACHMENT CR-6082     Declaration of Filing of Juvenile Court 827 Petition
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                 FOR COURT USE ONLY

        COURT ADDRESS:      190 W. Hedding Street, San Jose, CA 95110
       MAILING ADDRESS:     191 North First Street
     CITY AND ZIP CODE:     San Jose, CA 95113
          BRANCH NAME:


                  PEOPLE OF THE STATE OF CALIFORNIA
                                           vs.


DEFENDANT & RESTRAINED PERSON:


                                                                                       CASE NUMBER:
                        PROPERTY REMOVAL ORDERS
                    CRIMINAL DOMESTIC VIOLENCE CASE


RESTRAINED PERSON: Complete Name:
Sex:      M     F Ht:       Wt:         Hair Color:          Eye Color:        Race:         Age:        DOB:

CRIMINAL PROTECTIVE ORDER IN THIS CASE ISSUED ON:                                 PROTECTED PERSON:

This proceeding was heard on (date):                                      at (time)                   in Dept.
by Judicial Officer (name):                                                                     Protect Party was present
THE COURT ORDERS THAT:
1.      The Restrained Person Is granted a one-time exception to the “no contact” and “stay away” provisions in the Criminal
   Protective Order (copy attached) issued on                                  to retrieve and remove his/her necessary
   personal property. Items which are not agreed upon shall not be removed. The removal shall occur within five days of
   this hearing and only if accompanied by a Law Enforcement Officer as defined by Penal Code section 830.1 or 830.2. The
   Removal shall not occur before 7 a.m. or after 10 p.m.

2.       Either party may request a Civil Standby from the Law Enforcement Agency where the Protected Person resides. The
     Restrained Person shall give a copy of this Property Removal Order and the Criminal Protective Order to the Law
     Enforcement Officer at the Civil Standby before property removal can take place.

3.       The Restrained Person may retrieve and remove ”necessary personal property” only.
     “Necessary personal property” means the Restrained Person’s clothing, toiletries, prescribed medication, medical records,
     medical insurance card, driver’s license or state identification card; and passport, credit cards, ATM cards and checkbook(s)
     bearing the Restrained Person’s name.

4.         Other items that may also be removed:




5.     The Restrained Person shall obey all instructions of a Law Enforcement Officer present on the Civil Standby, who may
       terminate the property removal process at any time in the Officer’s discretion.
6.     The orders herein are for temporary possession and the issue of final ownership of any item may be subject to review by a
       Court of competent jurisdiction.

7.     The LAW ENFORCEMENT OFFICER who is present for the civil standby SHALL NOT ALLOW the Restrained Person
       entry into the Protected Person’s residence unless:
       a.) the Protected Person and/or a designated representative is present AND
       b.) the Protected Person consents to entry by both the Law Enforcement Officer and the Restrained Person OR arranges
       another date and time for the Civil Standby to take place.

Date:
                                                                   JUDICIAL OFFICER


       Civil Standby took place on                    , at                  am/pm
       Officer’s Badge No. & Signature:


CR-6072 REV 1/01/11                               PROPERTY REMOVAL ORDERS                                                Page 1 of 1

                                                 (Criminal Domestic Violence Case)
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):                   TELEPHONE NO.:              FOR COURT USE ONLY




ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
       Street Address:     Hall of Justice
       Street Address:      190 W. Hedding St. San José, CA 95110
      Mailing Address:     191 North First Street, San José, CA 95113
     People of the State of California
 v.                           , Defendant

                                                                                           CRIMINAL CASE NUMBER:
     DECLARATION OF FILING OF JUVENILE COURT 827 PETITION

I,                                       , Attorney for Defendant/District Attorney of Santa Clara County, hereby notify this
Court that this day,                          (date), I filed in the Juvenile Court a request for release and use of
documents from the confidential file of a current or former minor, and that said records may be relevant to the
proceedings herein.
I declare under penalty of perjury the forgoing is true and correct.
Dated this                   day of              , 20      , at                            , California

            (Type or print name)                                                   (Signature)

                                                         PROOF OF SERVICE
1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the County in which
       the mailing took place.
2. My residence or business address is:
3. On (date):                         I mailed the Declaration of Filing of Juvenile Court 827 Petition from
       (City and State):
4. I served the documents by enclosing them in an envelope and
            depositing the envelope with the United States Postal Service with postage fully prepaid.
            placing the envelope for collection and mailing following our ordinary business practices. I am familiar with
            this business’ practice for collecting and processing correspondence for mailing. On the same day
            correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with
            the United States Postal Service in a sealed envelope with postage fully prepaid.
5.      The envelope was addressed and mailed as follows:
       a. Name of person served:
       b. Address of person served:
            The name and address of each person served to whom I mailed the Declaration of Filing of Juvenile Court
            827 Petition is listed in the Attachment.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
DATE:

__________________________________________                                _____________________________________________
 (Type or print name of person completing this form)                             (Signature of person completing this form)


CR-6082 Rev. 7/01/12             DECLARATION OF FILING OF JUVENILE COURT 827 PETITION                                     Page 1 of 1

                                              PROOF OF SERVICE BY MAIL
                           SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                     COUNTY OF SANTA CLARA
                                                               FAMILY RULES

1   GENERAL INFORMATION......................................................................................................... 1
    A.  SCOPE ................................................................................................................................. 1
    B.  SANCTIONS......................................................................................................................... 1
    C.  COURTHOUSES ................................................................................................................. 1
    D.  CASE ASSIGNMENT ..........................................................................................................1
    E.  FILINGS............................................................................................................................... 2
    F.  ABBREVIATIONS............................................................................................................... 3
    G.  SERVICE OF ALTERNATE DISPUTE RESOLUTION ....................................................3
    H.  FILING REQUIREMENTS ..................................................................................................3
    I.  PREPARATION OF ORDERS.............................................................................................4
    J.  SERVICE OF SUMMONS BY PUBLICATION OR POSTING ........................................4
    K.  DEFINITION OF SOUTH BAY COUNTIES......................................................................5
    L.  ONE SETTING PER CALENDAR CALL AND CONFLICTS .......................................... 5
    M.  MEET AND CONFER REQUIREMENTS..........................................................................5

2   CUSTODY AND VISITATION..................................................................................................... 6
    A.  PARENT ORIENTATION ...................................................................................................6
    B.  MEDIATION ........................................................................................................................ 6
    C.  CONTESTED CASES ..........................................................................................................7
        1.   RETURN TO MEDIATION AFTER OBJECTIONS ..............................................7
        2.   JUDICIAL CUSTODY CONFERENCE ..................................................................8
        3.   CUSTODY EVALUATIONS .................................................................................. 9
        4.   RECOMMENDED ORDERS AND OBJECTIONS ..............................................10
        5.   CUSTODY SETTLEMENT CONFERENCE ........................................................11
        6.   EMERGENCY SCREENINGS............................................................................... 11
        7.   MODIFICATION OF JUVENILE COURT EXIT ORDERS ................................ 13
    D.  SPECIAL ISSUES............................................................................................................... 13
        1.   FCS PERSONNEL..................................................................................................13
        2.   CHILDREN IN THE COURTHOUSE. ..................................................................14
        3.   TESTIMONY OF CHILDREN .............................................................................. 14
        4.   PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER.............................. 14
        5.   DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER .......................15
        6.   DOMESTIC VIOLENCE TRAINING. ..................................................................15
        7.   TIME LIMITS ......................................................................................................... 15

3   CHILD, SPOUSAL AND PARTNER SUPPORT ...................................................................... 15
    A.         INITIAL SUPPORT MOTIONS.........................................................................................15
    B.         COMPUTER SUPPORT PRINTOUTS..............................................................................16
    C.         TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA.................................16
    D           INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED)
    ......................................................................................................................................................... 16
    E.         TAX RETURNS.................................................................................................................. 16

4   ATTORNEY’S FEES AND COSTS ............................................................................................ 17
    A.  FEE REQUESTS................................................................................................................. 17
    B.  FEE DECLARATIONS ......................................................................................................17
                         SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                   COUNTY OF SANTA CLARA
                                                        FAMILY RULES
5   LAW AND MOTION.................................................................................................................... 18
    A.   EX PARTE APPLICATIONS AND ORDERS ..................................................................18
         1.   ORDERS SHORTENING TIME. ............................................................................18
         2.   SUBMISSION OF EX PARTE APPLICATIONS ..................................................18
         3.   NOTICE OF APPLICATION .................................................................................. 18
         4.   OPPOSITION TO EX PARTE APPLICATION ..................................................... 19
         5.   ONLINE STATUS OF EX PARTE APPLICATIONS............................................19
    B.   SPECIAL PROCEDURES FOR CLETS RESTRAINING ORDERS ...............................19
         1.   EXISTING CRIMINAL PROTECTIVE ORDERS.................................................20
         2.   MODIFICATION OF CRIMINAL PROTECTIVE ORDERS................................ 20
    C.   FAX FILING IN DOMESTIC VIOLENCE CASES..........................................................21
         1.   DEFINITIONS ......................................................................................................... 21
         2.   DIRECT FILING...................................................................................................... 21
         3.   SIGNATURES ......................................................................................................... 22
         4.   SERVICE PROVIDERS .......................................................................................... 22
    D.  STIPULATIONS ................................................................................................................. 22
    E.   PROOF OF SERVICE ........................................................................................................22
    F.   TIME LIMITS AND COUNTER-MOTIONS....................................................................23
    G.   CONTINUANCES .............................................................................................................. 23
         1.    FIRST CONTINUANCE ........................................................................................23
        2.     ADDITIONAL CONTINUANCES ........................................................................23
    H.   LONG CAUSE HEARINGS...............................................................................................23
    I.  MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE HEARING .............24
    J.  DOCUMENTS .................................................................................................................... 24
    K.   TIME ESTIMATES ............................................................................................................ 24
    L.   CONTEMPT........................................................................................................................ 24
         1.    APPOINTMENT OF COUNSEL ...........................................................................24
         2.    ORDERS ................................................................................................................. 25
    M.  TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS.......................25
6   CASE MANAGEMENT, CASE STATUS CONFERENCE (STATUS CONFERENCE),
    SETTLEMENT, FAMILY CENTERED CASE RESOLUTION (CRC), LONG CAUSE
    HEARINGS AND TRIALS .......................................................................................................... 25
    A.   PURPOSE .......................................................................................................................... 25
    B.   CASE STATUS CONFERENCE (STATUS CONFERENCE)..................................... 25
         1.  CALENDAR ............................................................................................................25
         2.  ORDERS AT STATUS CONFERENCE.................................................................26
         3.  ATTENDANCE ....................................................................................................... 27
    C.   SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS
         CONFERENCE ................................................................................................................. 28
         1.  PURPOSE................................................................................................................. 28
         2.  CALENDAR ............................................................................................................29
         3.  PROCEDURES ........................................................................................................ 29
    D.        REQUEST FOR TRIAL................................................................................................... 29
                                SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                          COUNTY OF SANTA CLARA
                                                                 FAMILY RULES
          E.         FAMILY CENTERED CASE RESOLUTION CONFERENCE (CRC) ..................... 29
                     1.   CALENDAR ...........................................................................................................29
                     2.   FAMILY CASE CENTERED CASE RESOLUTION PLAN (FCCRP) ORDERS AT
                          CRC ......................................................................................................................... 30
                     3.   ATTENDANCE ...................................................................................................... 30
                     4.   STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE..........31
          F.         MANDATORY SETTLEMENT CONFERENCE (MSC) ............................................ 31
                     1.  CALENDAR ............................................................................................................ 31
                     2.  MANDATORY ATTENDANCE ............................................................................31
                     3.  SETTLEMENT CONFERENCE STATEMENT ....................................................32
          G.         FAMILY LAW JUDICIAL SETTLEMENT PROGRAM ........................................... 32
                     1.  ELIGIBILITY/CRITERIA FOR PARTICIPATION ...............................................32
                     2.  PROCEDURE ..........................................................................................................32
                     3.  TIMELINE ............................................................................................................... 33
                     4.  PERSONS ATTENDING/STATEMENTS ............................................................. 33
                     5.  SETTLEMENT CONFERENCE .............................................................................34
                     6.  FURTHER COURT PROCEEDINGS.....................................................................34
7         DUTIES OF THE FAMILY LAW FACILITATOR ................................................................. 34
8         DEFAULT OR UNCONTESTED JUDGMENT........................................................................ 35
          A.  GENERAL POLICY ...........................................................................................................35
          B.  JUDGMENT BY DEFAULT..............................................................................................35
          C.  REQUIRED DOCUMENTS ............................................................................................. 35
          D.  CHILD CUSTODY AND VISITATION............................................................................36
          E.  CHILD SUPPORT .............................................................................................................. 36
          F.  REAL PROPERTY .............................................................................................................37
          G.  RESTORATION OF NAME .............................................................................................. 37
9         COUNSEL FOR MINOR CHILDREN....................................................................................... 37
          A.  PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT..............................................37
          B.  COMPLAINT PROCEDURE .............................................................................................37
          C.  APPLICATION FOR PAYMENT FOR COMPENSATION............................................. 37
APPENDIX ............................................................................................................................................. 39
DISCRETIONARY POLICY STATEMENTS ...................................................................................... 39
     A.   SPOUSAL OR PARTNER SUPPORT ...............................................................................39
     B.   PARENT/CHILD TIME SHARING PERCENTAGES .....................................................40
     C.   TRAVEL EXPENSES FOR VISITATION ........................................................................42

ATTACHMENTS FM-1000 to FM-1119
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                         FAMILY RULES
RULE 1           GENERAL INFORMATION
           A.    SCOPE
                 These Rules govern cases in the Family Law Division, which hears all matters
                 concerning the Family Code or related matters, except for termination of parental
                 rights and adoptions.
(Eff. 7/01/10)
           B.    SANCTIONS

                 If any attorney, a party represented by an attorney, or a self-represented party,
                 fails to comply with any of the requirements of these Rules, the Court, on motion
                 of a party, or on request by FCS, or on its own motion, after notice and the
                 opportunity to be heard, may strike out all or any part of any pleading of that
                 party, dismiss the action or proceeding or any part of the action or proceeding,
                 enter a judgment by default against that party, or impose other penalties of a
                 lesser nature as otherwise provided by law, including monetary sanctions to the
                 Court, and may order that party or his or her attorney to pay to the moving party
                 the reasonable expenses in making the motion, including reasonable attorney fees.
(Eff. 7/01/10)
           C.    COURTHOUSES
                 The Family Law Division currently operates in four courthouses: North County
                 (605 W. El Camino Real, Sunnyvale, CA 94087), Central County (170 Park
                 Avenue, San José, CA 95113), South County (301 Diana Avenue, Morgan Hill,
                 CA 95037), and Notre Dame (99 Notre Dame Avenue, San José, CA 95113). All
                 new actions presented for filing in the Family Law Division must be accompanied
                 by a Declaration of Residence (attached form FM-1051). A party may only
                 request to transfer a case from one courthouse to another by filing a noticed
                 motion for hearing in the Department of the Supervising Judge based upon a
                 showing of extreme hardship to one or both parties. The Supervising Judge or
                 Presiding Judge, however, retains the discretion to assign a case to another
                 courthouse for all purposes, discussion, hearing, and/or trial.
(Eff. 7/01/10)

           D.    CASE ASSIGNMENT
                 (1)    DIRECT CALENDAR
                        New family law cases, except those subject to subsection (3) below, are
                        randomly assigned to a judicial officer for all purposes. The judge in that
                        department is the All-Purpose Judge (APJ). Upon the filing of a new case,
                        the clerk shall provide the Petitioner notice of the case assignment on the
                        Family Law Notice (attached form FM-1050). If a case is sent for trial to
                        the Civil Division based on its expected length or other reasons, the APJ
                        shall still decide all issues up to trial, including any ex parte requests and
                        motions to continue the trial. All filed documents must contain the name
                        of the assigned APJ and department.
(Eff. 1/01/13)


                                                  1
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (2)    CASES HEARD BY COMMISSIONERS
                        In some proceedings assigned to a family law department, except those
                        subject to subsection (3) below, the parties may be asked to stipulate that
                        their matter be heard and decided by a Commissioner of the Superior
                        Court, acting as a temporary judge pursuant to California Constitution,
                        Article VI, §§ 21 and 22 and Code of Civil Procedure Code § 259(e),
                        either for All Purposes or for a Limited Purpose. Before the first hearing
                        before a Commissioner who will hear that case for all purposes, the Court
                        will provide the parties the Stipulation for Court Commissioner to Act as
                        Temporary Judge for All Purposes (attached form FM-1112). The refusal
                        of a party to stipulate to a Commissioner acting as an All Purpose
                        temporary judge will lead to reassignment of the case to an APJ in either
                        the San Jose or Sunnyvale Courthouse, and in most cases will result in a
                        continuance of the matter to another date. If a party declines to stipulate to
                        a Commissioner acting as a Limited Purpose temporary judge, in most
                        cases the hearing will be delayed until the APJ is able to hear the matter.
(Eff. 7/01/12)
                 (3)    THE CHILD SUPPORT COMMISSIONERS
                        As provided by statutes or upon stipulation, the Child Support
                        Commissioners shall hear all Title IV-D support cases; U.I.F.S.A.,
                        Department of Child Support Services (DCSS) paternity, custody and
                        visitation issues raised in IV-D cases as provided by law, support
                        enforcement, and welfare reimbursement cases, as well as other family
                        law matters upon assignment.
(Eff. 1/01/10)
                 (4)    CASES INVOLVING EMPLOYEES
                        If a court employee or deputy sheriff working at a courthouse in the
                        Family Law Division, or a member of his or her family, is a party to a
                        Family case, the Supervising Judge of the Family Law Division shall
                        transfer the case to a different Family courthouse or the Civil Division for
                        assignment.
(Eff. 7/01/12)
           E.    FILINGS
                 All ex parte applications for orders must be filed in the courthouse in which the
                 APJ assigned to the case presides, except for domestic violence restraining orders.
                 All initiating complaints and fee waivers in cases involving the Department of
                 Child Support Services must be filed at the Notre Dame Courthouse. All other
                 documents, including domestic violence restraining order applications may be
                 filed or submitted (and the restraining orders picked up) at any of the four
                 operating courthouses regardless of the location of the case.
(Eff. 7/01/10)




                                                  2
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
           F.    ABBREVIATIONS
                 The following abbreviations are used throughout the Family Court Rules.
                          APJ        = All-Purpose Judge
                          Cal. Rules = California State Rules of Court
                          CLETS = California Law Enforcement Telecommunications
                                        System
                          CRC        = Family Centered Case Resolution Conference
                          CSC        = Custody Settlement Conference
                          DCSS       = Department of Child Support Services
                          EPRO       = Emergency Protective Restraining Order
                          FC         = Family Code
                          FCS        = Family Court Services
                          FCSO       = Family Court Settlement Officer
                          JCC        = Judicial Custody Conference
                          MSC        = Mandatory Settlement Conference
                          SOC        = Settlement Officer Conference
                          Status Conference = Case Status Conference
                          TRO        = Temporary Restraining Order
(Eff. 1/01/13)
           G.    SERVICE OF ALTERNATE DISPUTE RESOLUTION INFORMATION
                 A notice regarding Alternate Dispute Resolution Information shall be served with
                 any new Dissolution, Legal Separation, Nullity, Parentage, or Petition for Custody
                 and Support of Minor Children, as well as with any post-Judgment Requests for
                 Order in cases where a Judgment resolving all matters has been obtained. (See
                 Attachment FM-1021.)
(Eff. 1/01/13)

           H.    FILING REQUIREMENTS
(Eff. 7/01/10)
                 (1)    ATTACHMENTS TO PLEADINGS
                        a.     Evidentiary attachments to pleadings filed with Family Court
                               (excluding Judicial Council form attachments to the pleading at
                               issue) shall not exceed 10 pages in length, except orders to show
                               cause re contempt or applications for wage assignments. However,
                               a party may apply to the court ex parte with written notice of the
                               application to the other parties for permission to attach additional
                               documents. The application must state reasons why the additional
                               attachments are relevant and necessary. Parties should not attach
                               copies of pleadings already contained in the Court file to any new
                               pleading.
(Eff. 7/01/12)
                        b.     In lieu of the limits above, courtesy copies of relevant prior filings
                               or other attachments exceeding the 10 page limit may be submitted
                               to the Court bound separately from the current filing to which they
                               relate, with the same copies provided to all attorneys and self-
                                                  3
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              represented parties. Each page of all such attachments shall be
                              numbered sequentially. Parties must deliver courtesy copies to the
                              Court, and shall not send courtesy copies by fax machine. Such
                              photocopies will not be filed or marked as received by the Court.
                              If the submitting party wishes to have such photocopies returned to
                              the party, the submission shall include a stamped, self-addressed
                              envelope of sufficient size to return the photocopies.
(Eff. 7/01/12)

                 (2)   USE OF CONFIDENTIAL JUVENILE CASE FILES OR CHILD
                       WELFARE AGENCY RECORDS IN FAMILY COURT MATTERS
                       All documents obtained from any juvenile case file or from any child
                       welfare agency must be treated as confidential by all parties and attorneys
                       pursuant to WIC 827, 827.10, and Cal. Rules, Rule 5.552. Any party who
                       seeks to file with or present to the Family Court any juvenile case file or
                       child welfare agency document or record must first present a request to
                       file such documents under seal pursuant to Cal. Rules, Rules 2.550 and
                       2.551. Any pleading filed with the Family Court which attaches, recites or
                       quotes any juvenile case file or child welfare agency record without a prior
                       request and order to file under seal will be stricken from the Family Court
                       file.
(Eff. 1/01/13)
           I.    PREPARATION OF ORDERS
                 (1)   Any proposed order submitted to the Court for signature must contain a
                       footer with the title of the order on every page, including the signature
                       page, unless it is a Judicial Council form. In addition, the Court signature
                       and date lines must not be on a page by themselves; the signature page
                       must contain some text of the order.
                 (2)   When a case has been heard by assignment to a temporary judge, the order
                       prepared shall contain the name of that judge and shall be submitted to the
                       temporary judge or the APJ for signature.
(Eff. 1/01/10)

                 (3)   Parties presenting a Stipulation and Order to the Court for signature
                       should use the following local form: Stipulation and Order (Attachment
                       FM-1083).
(Eff. 7/01/11)

           J.    SERVICE OF SUMMONS BY PUBLICATION OR POSTING
                 (1)   To request service by publication or posting, the Petitioner must submit to
                       the Court the following local forms: Application for Order for Publication
                       or Posting of Summons (see Attachment FM-1022) and Order for
                       Publication or Posting of Summons (see Attachment FM-1023).
(Eff. 7/01/10)
                 (2)   Service by posting may be ordered only if the Petitioner is found to be
                       indigent. A Petitioner requesting service by posting must submit a

                                                4
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        Request to Waive Court Fees, FW-001, unless one has been approved in
                        the last four months. If the Court approves service by posting,
                        Verification of Service by Posting of Summons (see Attachment FM-
                        1024) is needed.
(Eff. 7/01/10)
                 (3)    If, with Court approval, the Petitioner serves the Respondent with the
                        Petition and Summons by publication or posting and the Respondent has
                        not appeared, the Petitioner may serve the Declarations of Disclosure on
                        the Respondent by mailing them to the Respondent, in care of the Clerk’s
                        Office. The envelope shall be addressed: “Respondent’s Name, c/o
                        Clerk’s Office, Superior Court, Family Division, 191 N. First Street, San
                        Jose, CA 95113.” The Petitioner shall note on the Declaration Regarding
                        Service of Declaration of Disclosure (FL-141) that the Respondent was
                        served by mail in care of the Clerk’s Office.
(Eff. 1/01/08)
           K.    DEFINITION OF SOUTH BAY COUNTIES
                 When this term is used in any court order, “South Bay Counties” includes only
                 the counties of Alameda, Contra Costa, Marin, Merced, Monterey, San Benito,
                 San Joaquin, San Mateo, San Francisco, Santa Clara, Stanislaus, and Santa Cruz.
(Eff. 7/01/12)

           L.    ONE SETTING PER CALENDAR CALL AND CONFLICTS
                 The attorney for any moving party shall not set a matter for hearing at a time
                 which conflicts with any other case in any department. However, more than one
                 motion to withdraw as attorney of record may be set by the same attorney on one
                 or more calendars, if to be heard at the same courthouse.
                 If an attorney is scheduled to appear in more than one matter at a time (for
                 example, as attorney for a moving party in one case and for a responding party in
                 another case), that attorney shall make reasonable effort, well in advance of the
                 hearing date, to obtain a stipulation from the opposing attorney for a hearing on a
                 different day and/or time. Where the unresolved conflict involves an emergency
                 screening, the attorney with the conflict shall notify the courtroom clerk and
                 opposing counsel of the conflict and that the attorney will be delayed for a brief
                 period to allow the emergency screening to commence. Where the unresolved
                 conflict involves a settlement conference or trial, the attorney with the conflict
                 shall schedule a Status Conference on the earliest available date.
(Eff. 1/01/13)
           M.    MEET AND CONFER REQUIREMENTS

                 (1)    LAW AND MOTION MATTERS
                        In Law and Motion matters, the moving party’s attorney or a self-
                        represented moving party shall contact the opposing attorney or self-
                        represented party in advance of the hearing to meet, to confer, and to learn
                        whether issues can be settled without a contested hearing. The only


                                                  5
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       exception is when both parties are self-represented and there are no-
                       contact restraining orders prohibiting contact.
(Eff. 1/01/13)
                 (2)   CLETS HEARINGS

                       Self-represented parties are not required to meet and confer prior to a
                       hearing seeking a Restraining Order under the Domestic Violence
                       Prevention Act. If only one party is represented, counsel shall ask the
                       self-represented party if he or she consents to speak to the attorney for the
                       other party before any meet and confer.
(Eff. 7/01/12)

RULE 2           CUSTODY AND VISITATION
           A.    PARENT ORIENTATION
                 (1)   In all initial motions or requests for order in which custody or visitation is
                       an issue, the moving party shall include the order below and shall serve a
                       notice form describing Parent Orientation and Mediation that is available
                       through the Calendar Office of the Clerk’s Office:
                       “Each party is ordered to contact Family Court Services at (408) 534-5600
                       immediately to schedule Parent Orientation. Failure to comply with this
                       order or keep any FCS appointments may result in the imposition of
                       sanctions.”
                       The Court may also order parents to attend Parent Orientation at any time.
                       Generally, parents are only required to attend Parent Orientation once, but
                       the Court may order parties to take the class more than once.
(Eff. 1/01/11)
                 (2)   Attendance at Parent Orientation must occur before mediation, unless the
                       Court orders otherwise. Upon request, parents who must travel a
                       substantial distance or suffer some other hardship may request to attend
                       Parent Orientation and the first mediation appointment on the same day.
(Eff. 1/01/11)
                 (3)   Each parent attending Parent Orientation shall complete and deliver an
                       Application for Mediation to the FCS office within two court days after
                       the Parent Orientation, unless all custody and visitation issues have been
                       settled.
(Eff. 1/01/11)

           B.    MEDIATION
                 (1)   Upon receipt of the parties’ Applications for Mediation, FCS shall
                       schedule the first available mediation appointment and both parties shall
                       attend the mediation. If the date assigned by FCS is not acceptable, either
                       party may request one rescheduled date for mediation. If a party does not
                       notify FCS of a request to reschedule at least 48 hours before the
                       mediation appointment, that party will be assessed a fee to FCS.
(Eff. 1/01/11)


                                                 6
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                 (2)   The mediation appointment shall be considered a court date at which the
                       parties shall appear. Failure to attend mediation or late cancellation of
                       mediation appointments may result in sanctions. There are no fees for FCS
                       mediation, provided that there is a pending custody or visitation motion
                       before the Court.
(Eff. 1/01/13)
                 (3)   The parties may stipulate to private mediation for custody and visitation
                       disputes, at their own expense. The APJ will determine whether the parties
                       must also participate in mediation with FCS.
(Eff. 1/1/07)
                 (4)   Mediation proceedings shall be private and confidential, and the
                       mediator’s notes shall be confidential, unless the parties and the mediator
                       agree otherwise. Absent agreement, the mediator will not be called to
                       testify or to make recommendations to the Court. However, the mediator
                       shall report any allegations of child abuse to the proper authorities.
(Eff. 1/01/11)
                 (5)   At the mediation, if the parties agree to some or all of the custody and
                       visitation issues, the mediator shall prepare the written agreement and
                       shall mail copies of the document to the parties and attorneys. The parties
                       may object to the mediated agreement by submitting written objections to
                       FCS, along with a proof of service on all attorneys or self-represented
                       parties.
                       a.     Objections: Objections shall be in writing and shall include:
                              i.     the specific paragraphs and language to which the party
                                     objects;
                              ii.    the reasons for the objections; and
                              iii.   the proposed modified language.
(Eff. 1/01/11)
                       If FCS receives no written objections with proof of service within 15
                       calendar days from the date of the mailing of the mediated agreement, the
                       agreement will be submitted to the Court for review and signature. Family
                       Court will send a copy of the agreement and order, when signed and filed
                       by the Court, with proof of service to the parties and attorneys.
(Eff. 1/01/11)

           C.    CONTESTED CASES
                 (1)   RETURN TO MEDIATION AFTER OBJECTIONS
                       a.     Full Agreements: If the parties reached a full agreement in
                              mediation but a party served timely written objections, the parties
                              shall return to mediation to attempt to resolve any outstanding
                              disputes. Each party shall contact FCS within 10 calendar days
                              from the mailing of the objections to schedule the return
                              mediation.
(Eff. 1/01/11)


                                                7
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                       b.    Partial Agreement: If the parties reached only a partial agreement
                             in mediation and a party served timely written objections, the
                             mediator may choose to schedule a return mediation, or the parties
                             may return to mediation by agreement. If the parties agree, each
                             party shall contact FCS within 10 calendar days from the mailing
                             of the objections to schedule the return mediation. If no return
                             mediation is scheduled, the parties, shall proceed to a Judicial
                             Custody Conference.
(Eff. 1/01/11)
                 (2)   JUDICIAL CUSTODY CONFERENCE (JCC)
                       a.    Referral to JCC: If the parties do not reach a full agreement at
                             mediation and no return mediation is scheduled by FCS, the
                             mediator shall serve on the attorneys and any self-represented
                             parties a Referral to JCC. The Referral to JCC shall describe
                             generally the remaining disputed issues.
(Eff. 1/01/11)
                       b.    Scheduling the JCC: Parties shall have 15 calendar days from the
                             date of the Referral to JCC to schedule the JCC by contacting the
                             Calendar Office of the Clerk’s Office by telephone at (408) 534-
                             5710 or in person at 170 Park Avenue, San José, California. The
                             party scheduling the JCC shall coordinate the date with the other
                             party. A copy of the Referral to JCC must be provided to the
                             Calendar Clerk in order to schedule the JCC. The JCC shall be
                             scheduled within 30 calendar days of the date of the Referral to
                             JCC or on the first date available to the Court. If no JCC is set as
                             required, a party may request a Status Conference or CRC to
                             request a JCC.
(Eff. 1/01/13)
                       c.    Scheduling the JCC after Private Mediation: Parties who
                             attended private mediation may schedule a JCC by sending a letter
                             to the Clerk’s Office, with proof of service on all parties,
                             requesting a JCC and verifying (1) that the parties have completed
                             mediation that has not resulted in an agreement, and (2) that each
                             party attended Parent Orientation. Within 30 calendar days after
                             the letter is sent to the Clerk’s Office, one of the parties or
                             attorneys shall call the Calendar Office of the Clerk’s Office to
                             schedule the JCC, as described in section (2) b above.
(Eff. 1/01/11)
                       d.    Requirement to Confer: Except where contact between self-
                             represented parties is prohibited by a Restraining Order, all parties
                             and attorneys shall confer in good faith no later than 10 calendar
                             days before the scheduled JCC to resolve any remaining issues. If
                             the issues are resolved, the parties shall immediately notify FCS
                             and the Court and prepare a stipulation to submit for the APJ’s
                             signature.
(Eff. 1/01/11)



                                               8
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                       e.    JCC Statement: Each party shall serve and file a Judicial Custody
                             Conference Statement at least 10 calendar days before the
                             scheduled JCC. (See attached form FM-1016.) Each party shall
                             bring two copies of this form to the JCC.
(Eff. 1/01/11)
                       f.    Attendance at the JCC: All parties and counsel are required to
                             attend the JCC, unless attendance has been excused in advance by
                             the APJ. If a party fails to appear at the JCC, a hearing may be held
                             on the day of the JCC or on another date, and custody or visitation
                             orders may be made. If the judge is not able to assist in resolving
                             any remaining custody or visitation disputes at the JCC, the judge
                             may order a custody evaluation to be performed by the staff of
                             FCS or by a private evaluator; may schedule a hearing or trial to
                             decide any disputed issues; may order the parties to return to
                             mediation; or may make other orders as necessary for the best
                             interest of the child. If the Court orders an FCS evaluation, the
                             first appointment shall be scheduled before the parties leave the
                             JCC.
(Eff. 1/01/11)
                 (3)   CUSTODY EVALUATIONS
(Eff. 7/01/09)
                       a.    When an evaluation is ordered at FCS, the Court shall set a
                             Custody Settlement Conference (CSC) on a date between 90 and
                             100 calendar days from the initial appointment. At the initial
                             evaluation appointment, the FCS evaluator may coordinate
                             rescheduling the CSC, within the same 90 to 100 calendar day
                             period, if the original CSC date conflicts with the evaluator’s
                             schedule.
(Eff. 1/01/11)
                       b.    By stipulation and with the Court’s approval, the parties may
                             nominate a private evaluator to perform an evaluation at the
                             parties’ expense. The Court may also appoint a private evaluator
                             over objection at a noticed JCC, Status Conference, CRC, or other
                             hearing. The parties shall share the costs of the private evaluation
                             equally, unless the Court orders a different allocation. The Court
                             shall set a CSC date between 140 and 150 calendar days from the
                             date of the order to a private evaluation, or earlier if the private
                             evaluator and the APJ agree. The requirements and other timelines
                             in this Rule shall apply to private evaluations.
(Eff. 1/01/13)
                       c.    Parties shall notify the evaluator, the Calendar Office and the clerk
                             for the APJ as soon as the case settles before the CSC.
(Eff. 1/01/11)
                       d.    Children must be present for the initial evaluation appointment
                             only when either parent resides more than 100 miles from the
                             courthouse to which the case is assigned, or the Court or the
                             evaluator directs that the children be available. When the children


                                               9
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             are required to be present, the custodial parent shall bring an adult
                             who can care for the children.
(Eff. 1/01/11)
                       e.    If one attorney fails to appear at the initial appointment, as
                             required, the evaluator has the discretion to proceed with the
                             parties only and to reschedule the appointment with both attorneys.
(Eff. 1/01/11)
                       f.    Evaluation reports are confidential and shall be sent to the Court,
                             attorneys and self-represented parties only. The report shall not be
                             duplicated, disseminated, or in any other way provided or shown to
                             any individual not a party to the proceedings, except consulting
                             experts and court-ordered therapists and evaluators. Evaluation
                             reports, including psychological evaluations, shall not be attached
                             as exhibits to any papers filed with the Court, and shall not be
                             quoted or summarized in any publicly filed document.
(Eff. 1/01/11)
                       g.    FCS will charge for evaluations, unless a fee waiver is granted for
                             a party. The parties shall submit deposits or fee waiver requests to
                             FCS within five court days of receipt of the Court’s order to an
                             evaluation..
(Eff. 1/01/11)
                 (4)   RECOMMENDED ORDERS AND OBJECTIONS
                       a.    No later than 60 calendar days after the date of the first evaluation
                             appointment the evaluator shall serve on all parties and counsel
                             written recommendations and a report. The time for completing
                             the evaluation may be extended by the Court on the evaluator’s
                             written application upon a showing of good cause. Any extension
                             request shall be served on all self-represented parties and attorneys.
                             The Court shall wait 10 calendar days before deciding any
                             extension request, to allow parties the opportunity to respond. Any
                             response shall be submitted to the Court in writing with a proof of
                             service on the opposing party or counsel and FCS.
(Eff. 1/01/11)
                       b.    Any party shall have 15 calendar days after the date of mailing of
                             the evaluation recommendations to object to the recommendations
                             by doing all of the following:
                             i.     File specific written objections with the Court.
                             ii.    File a proof of service showing service of the objections on
                                    all attorneys or self-represented parties.
                             iii.   Personally serve FCS or the private evaluator with an
                                    endorsed, filed copy of the objections and a copy of the
                                    proof of service showing service of the objections on the
                                    attorneys and parties.
                             If objections are filed, the parties shall contact the evaluator to
                             schedule a meeting to discuss the objections before the CSC. If
                                              10
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             any party fails to cooperate in setting, or fails to attend, this
                             meeting after objections, the Court at the CSC may sign the
                             recommended order and may order sanctions. If no endorsed, filed
                             objections are received by FCS within 15 calendar days from the
                             date of the mailing of the evaluation recommendations, the
                             recommended order shall be submitted to the Court for review and
                             signature.
(Eff. 1/01/11)
                       c.    Objections: Objections shall be in writing and shall include the
                             following:
                             i.     the specific paragraphs and language to which the party
                                    objects;
(Eff. 1/01/08)
                             ii.    the reasons for the objections; and
                             iii.   the proposed modified language.
(Eff. 1/01/08)

                 (5)   CUSTODY SETTLEMENT CONFERENCE (CSC)
                       a.    All attorneys and parties and the evaluator shall attend the
                             scheduled CSC to attempt to settle all contested custody and
                             visitation issues. Any proposed stipulation to reschedule a CSC
                             shall be in writing and shall include the evaluator’s signature.
(Eff. 1/01/11)
                       b.    Each party shall file and serve a CSC Statement at least 10
                             calendar days before the CSC, clearly stating any remaining
                             custody or visitation issues and any proposed alternative language.
                             Previously-filed objections may be attached and incorporated by
                             reference. The Statement of Issues shall also include the time
                             estimate for trial and a list of witnesses. Each party shall bring two
                             copies of the CSC Statement to the CSC.
(Eff. 1/01/11)
                       c.    If agreement is not reached at the CSC, the Court may set the case
                             for trial or hearing.
(Eff. 1/01/11)
                       d.    If a party fails to appear at the CSC, a hearing may be held on the
                             day of the CSC or on another day set by the Court and custody or
                             visitation orders may be made.
(Eff. 1/01/11)
                 (6)   EMERGENCY SCREENINGS
                       a.    In any case in which an emergency exists, the Court may order a
                             staff member of FCS, other than the mediator, to conduct an
                             “emergency screening” (a preliminary and limited investigation),
                             to make recommendations regarding the temporary custody,
                             visitation, and related conditions for the minor children. In most
                             cases, the Court will not order any emergency screening based
                             solely on an ex parte application, but may order protective orders

                                               11
RULE 2 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                FAMILY RULES
                       until the hearing date on an adequate showing that serious harm to
                       a child may result if no order is issued. FCS or the Court will
                       provide instructions for emergency screening to all parties and
                       attorneys when a screening is ordered. Attorneys and parties must
                       be available as required by FCS, or the Court may reschedule the
                       screening. After an order to an emergency screening, the parties
                       may agree to a private emergency screening at the parties’
                       expense. A private screening shall be conducted in compliance
                       with these Local Rules, but without the involvement of FCS. The
                       Court will not provide reports of criminal history or CPS records to
                       any private screener.
(Eff. 7/01/12)
                 b.    If the parties agree to and sign the screening recommendations,
                       they shall be submitted to the Court for review and signature.
(Eff. 1/01/08)
                 c.    If a party objects to the screening recommendations, a brief
                       hearing, generally less than thirty minutes, will be held on the day
                       of the screening, or as soon as possible.
(Eff. 1/01/08)
                 d.    Fees shall be charged for any screening performed by FCS, unless
                       a fee waiver is granted.
(Eff. 1/01/08)
                 e.    In most cases, an FCS mediator who conducted an emergency
                       screening (“FCS screener”) is available for testimony at a hearing
                       immediately following the completion of the screening. In the
                       event that a party intends to request the testimony of an FCS
                       screener at any hearing, trial or deposition set seven days or more
                       following the final conclusion of the screening (i.e., the
                       investigation is complete, a final screening order has been signed,
                       and no further screening date is scheduled), the requesting party
                       shall do all of the following: 1) Coordinate the date of the
                       testimony with FCS and all parties; 2) Serve an appropriate
                       subpoena on the FCS screener; and, 3) Schedule a CRC with the
                       Court by contacting the courtroom clerk at the earliest opportunity,
                       and give notice of that CRC to FCS, all counsel and unrepresented
                       parties. The Court shall give calendar priority to such a request for
                       CRC.
(Eff. 1/01/13)
                       Absent good cause shown for an order shortening time, the
                       subpoena shall be served and the CRC scheduled for a date no later
                       than 30 days prior to any hearing, including trial, or 45 days prior
                       to the start of a deposition. At the CRC, the requesting party shall
                       describe the issues currently in dispute in the case and make an
                       offer of proof of the relevance of and the need for the testimony to
                       those issues.
(Eff. 1/01/13)
                       The requesting party shall also provide a time estimate for the
                       testimony of the FCS screener at the hearing, trial or deposition. At

                                        12
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              that CRC, based on the offer of proof and any other information
                              presented at the CRC, the Court may allow the deposition or
                              hearing testimony to proceed, may limit the scope or duration of
                              any testimony, or may conclude that the FCS screener will not be
                              required to testify. The requesting party shall immediately give
                              notice to FCS of the outcome of the CRC, and serve any order
                              signed by the Court on FCS and all parties.
(Eff. 1/01/13)
                              Absent good cause, the FCS screener will not be required to appear
                              in response to the subpoena unless the mandates of this provision
                              have been followed.
(Eff. 7/01/12)
                 (7)   MODIFICATION OF JUVENILE COURT EXIT ORDERS

                       Requests to modify the juvenile custody order filed within one year of the
                       date the custodial order was entered shall be returned to the issuing
                       juvenile department for hearing. The juvenile judge shall determine
                       whether there is a significant change in circumstances to warrant
                       modification of that order as set forth in Welfare and Institutions Code §
                       302(d), and make any orders necessary to promote the child’s best
                       interests. The juvenile judge shall sit as a family judge for purposes of
                       hearing the motions regarding modification of custody and/or visitation.
                       Thereafter, any future litigation relating to the custody, visitation and
                       control of the child shall be heard in the Family Court.
(Eff. 7/01/12)
           D.    SPECIAL ISSUES
(Eff. 1/01/11)
                 (1)   FCS PERSONNEL
(Eff. 1/01/11)
                       a.     Any party who seeks to examine any FCS staff at any deposition,
                              trial, or hearing must coordinate the date with FCS and must serve
                              an appropriate subpoena. Absent a court order obtained through
                              the procedure described in Rule 2.C. (6), at any motion hearing, or
                              at a JCC or CSC, no party shall serve a subpoena for testimony of
                              a mediator who performed an evaluation unless the subpoena is
                              served within three months after the final Custody Settlement
                              Conference.
(Eff. 7/01/12)
                       b.     Any party who subpoenas any FCS staff to appear in Court must
                              confirm that the appearance is still required with that FCS staff
                              person by telephone at least one court day in advance. The
                              subpoenaing party must inform the FCS staff person immediately
                              of any continuance or delay of the hearing, or settlement.
(Eff. 1/01/11)
                       c.     Any party may be assessed expert witness fees for the appearance
                              of an FCS staff member at a trial or hearing. The parties shall pay
                              the fees equally unless the Court orders otherwise.
(Eff. 1/01/11)



                                               13
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       d.     Absent a Court order based on good cause, no deposition subpoena
                              of FCS personnel and no subpoena for FCS records shall be served
                              until recommendations pursuant to an evaluation are complete and
                              an objection is filed.
(Eff. 7/01/12)
                       e.     No peremptory challenges are permitted to FCS evaluators, private
                              evaluators appointed by the Court pursuant to Evidence Code §
                              730, and mental health professionals appointed by the Court to do
                              psychological testing. A complaint about an FCS evaluator,
                              mediator, or emergency screener may be submitted by letter to
                              FCS with proof of service of a copy to all other counsel and self-
                              represented parties. FCS will accept and respond to the complaint
                              in writing to all parties within 30 days. (See Attachment FM-
                              1078.) A complaint about a private evaluator, private mediator or
                              private emergency screener may be submitted by letter to the
                              Supervising Family Court Judge with proof of service of a copy to
                              all other counsel and self-represented parties. The Supervising
                              Family Court Judge will accept and respond to the complaint in
                              writing within 30 days.
(Eff. 1/01/13)
                 (2)   CHILDREN IN THE COURTHOUSE
                       While children who are the subject of litigation may appear at the
                       courthouse, it is the policy of the Court not to have any children in the
                       courtroom without the Court’s prior knowledge. At all times, children
                       present at the courthouse shall be in the care of a responsible adult person
                       who is not a party to the case. Further, a child shall not be brought to court
                       to testify without prior order of the court following a discussion of the
                       factors described in Cal. Rules 5.250 regarding the child’s participation in
                       family court proceedings.
(Eff. 1/01/13)
                 (3)   TESTIMONY OF CHILDREN
                       No party shall notice or take the deposition of any minor child who is the
                       subject of litigation without first obtaining a court order to allow that
                       deposition after a noticed hearing and based on a showing of a compelling
                       reason to take the deposition.
(Eff. 7/01/12)

                 (4)   PRODUCTION OF FCS RECORDS/PROTECTIVE ORDER
                       When making any order for the production of FCS records or
                       psychological evaluations, the Court will make appropriate Protective
                       Orders. The mandatory Protective Order form is located on the Court’s
                       website. (See attached FM-1036.) Subpoenas for the production of FCS
                       records and the signed Protective Order must be served on FCS at least six
                       weeks in advance of the date the records are required.
(Eff. 7/01/12)



                                                14
RULE 2 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (5)    DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER
(Eff. 7/01/09)
                        Any documents provided to an evaluator or screener shall be accompanied
                        by either a Judicial Council Proof of Service (FL-330 or FL-335) or the
                        FCS Declaration of Mailing or Personal Service form (see attached form
                        FM-1061), except for documents handed to an evaluator or screener in the
                        presence of the other party or attorney (in which case copies shall be
                        provided at the same time to the other party or attorney). The number of
                        submitted pages shall be stated on the form. FCS may require a party to
                        index and prioritize submissions. A party who submits more than 15
                        pages to an FCS evaluator or screener (“FCS”) shall index, number each
                        page sequentially, and assign a priority to all documents submitted. FCS
                        may seek guidance from the Court at the commencement of a screening,
                        or in the case of an evaluation, may ask the Court to set an immediate
                        review hearing if FCS contends that a document submission of more than
                        15 pages (excluding items specifically requested) is not warranted or
                        contains documents not relevant to the issues to be considered. The Court
                        shall set this hearing on shortened time so that the evaluation will not be
                        delayed. At that hearing, the Court may limit the scope and/or number of
                        documents to be considered by FCS.
(Eff. 7/01/12)
                 (6)    DOMESTIC VIOLENCE TRAINING
                        Private custody evaluators shall provide FCS and the Supervising Judge of
                        the Family Court with a written verification of completion of the basic
                        domestic violence training, and the four hour update annually. Custody
                        evaluations shall be accompanied by the evaluator’s written declaration
                        under oath that he or she has completed the required domestic violence
                        training, including applicable updates.
(Eff. 1/01/11)
                 (7)    TIME LIMITS
                        The time limits in this Rule include the time for mailing and shall not be
                        extended by the mailing of any required documents.
(Eff. 1/01/11)

RULE 3           CHILD, SPOUSAL AND PARTNER SUPPORT
           A.    INITIAL SUPPORT MOTIONS
                 All initial motions for child, spousal or partner support shall be calendared within
                 30 calendar days of the filing of the Request for Order, except upon the request of
                 the moving party for additional time.
(Eff. 1/01/13)




                                                  15
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
           B.    COMPUTER SUPPORT PRINTOUTS
                 A computer support printout shall be attached to the pleadings or submitted to the
                 Court at the hearing by both moving and responding parties when child support or
                 temporary spousal or partner support is at issue (but not permanent spousal or
                 partner support).
(Eff. 1/01/11)

           C.    TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
                 Temporary spousal or partner support is generally computed by taking 40% of the
                 net income of the payor, minus 50% of the net income of the payee, adjusted for
                 tax consequences. If there is child support, temporary spousal or partner support
                 is calculated on net income not allocated to child support and/or child-related
                 expenses. The temporary spousal support calculations apply these assumptions.
                 (Please refer to the Family Rules Appendix: Discretionary Policy Statements for
                 the Family Law Division.)
(Eff. 1/01/11)

           D.    INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT
                 (SIMPLIFIED)
                 A current Income and Expense Declaration or, if applicable, Financial Statement
                 (Simplified), shall be filed and served by both parties as part of the moving or
                 responding papers if support is an issue. An Income and Expense Declaration or
                 Financial Statement is “current” within the meaning of this Rule if it was
                 completed and filed within three months prior to the hearing, as long as none of
                 the information has changed. A copy of any previously-filed Income and
                 Expense Declaration that is asserted as current must be attached to the moving or
                 responding papers. All blanks on the form(s) must be answered. Notations such
                 as “unk.” for unknown, “est.” for estimated, “N/A” for not applicable, and
                 “None” shall be used to avoid leaving any item blank, but failure to provide any
                 required information may result in the Court’s refusal to consider the form(s),
                 denial of the requested relief, or a delay of the hearing. Referring to any separate
                 document, such as “see SAD (Schedule of Assets and Debts)” is not acceptable.
(Eff. 1/01/11)

           E.    TAX RETURNS
                 The parties shall bring to the hearing at least three legible copies of their most
                 recent state and federal income tax returns including all attachments, specifically
                 including all schedules, W-2 forms, 1099 forms, and amendments. If a self-
                 employed party operates as a corporation, that party shall also bring copies of the
                 most recent corporate tax return. If the most recent tax returns are not for the prior
                 year, (1) self-employed parties shall bring their most recent profit and loss
                 statements, balance sheets, quarterly sales tax reports, or similar documentation
                 evidencing income from all sources; and (2) employees shall bring paystubs for
                 the prior year-end showing all income for the prior year. The Court may request
                 additional tax returns and related documents. Failure to bring tax returns to the

                                                  16
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 hearing may result in a delay of the hearing on a request for support or other
                 sanctions.
(Eff. 1/01/11)

RULE 4           ATTORNEY’S FEES AND COSTS
(Eff. 1/01/10)

           A.    FEE REQUESTS
                 When a party has requested attorney’s fees (either pendente lite or after
                 judgment), both parties shall file a current Income and Expense Declaration with
                 attached paystubs, which shall be served along with the Application, Request for
                 Order, or Responsive Declaration requesting fees. The requirements of Rule 3 D
                 above concerning the definition of “current,” the attachment of a previously-filed
                 statement, and the completion of all blanks apply. Both sides must also complete
                 the attorney’s fees section, and provide complete information in the asset section
                 (Section 11). Any fee request above $1,000 shall be accompanied by the
                 declaration described in Section B below, in addition to the Income and Expense
                 Declaration. The parties shall not attach billing statements to the attorney’s fee
                 request, but shall exchange billing statements before the hearing The attorney
                 shall also bring copies of the bills to the hearing.
(Eff. 1/01/13)
           B.    FEE DECLARATIONS
                 Any fee and cost request over $1,000 shall include a separate written fee
                 declaration signed by the attorney and addressing the following facts:
(Eff. 1/01/11)
                 (1)    the services performed and by whom and costs incurred to date, the time
                        expended, and the hourly rate(s) charged, if applicable;
(Eff. 1/01/11)
                 (2)    the best estimate of the future services to be performed and costs to be
                        incurred, the specific amounts of fees and costs requested, the reasons for
                        the request, and why the fees and costs are necessary;
(Eff. 1/01/11)
                 (3)    each party’s financial circumstances and access to assets, including a copy
                        of any computer printout for any current support order;
                 (4)    all fees paid by or on behalf of the party requesting fees and costs, and the
                        history of prior fee awards; and
                 (5)    a brief description of the attorney’s experience in practicing family law,
                        including whether the attorney is a Certified Family Law Specialist.
(Eff. 1/01/11)




                                                 17
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
RULE 5           LAW AND MOTION
           A.    EX PARTE APPLICATIONS AND ORDERS
                 (1)   ORDERS SHORTENING TIME
                       A request for an order shortening time must be submitted to the Court
                       Specialist as an ex parte application and must be accompanied by a
                       declaration setting forth evidentiary facts which explain why a shorter
                       notice period is necessary. An order shortening time will only be granted
                       upon a showing of good cause.
(Eff. 1/01/10)
                 (2)   SUBMISSION OF EX PARTE APPLICATIONS
                       All ex parte applications are handled on the documents submitted, without
                       hearing. All ex parte requests shall be submitted to the Court Specialist
                       with any filing fees due with the motion. The Court Specialist shall hold
                       all applications (except TROs and matters involving domestic violence)
                       for 24 hours before submission to the judicial officer. No hearings are
                       scheduled to argue ex parte applications. Applications received by the
                       Court after 4 p.m. will be deemed for notice purposes to have been
                       submitted at 8:30 a.m. on the following court day. All ex parte
                       applications must disclose both (1) the fact that a requested ex parte order
                       will result in a change of status quo; and (2) whether orders are already in
                       effect regarding the same issue.
(Eff. 1/01/11)
                 (3)   NOTICE OF APPLICATION
                       The moving attorney or self-represented party must submit a Declaration
                       re Notice of Ex Parte Application (attached form FM-1013) and must give
                       notice of all ex parte applications to the opposing attorney or self-
                       represented party before submitting the request, except where there is an
                       agreement, where it is impossible to give notice, or where notice would
                       result in irreparable injury.
(Eff. 1/01/11)
                       Notice is provided by serving upon all self-represented parties and all
                       attorneys of record the Declaration re Notice, the proposed orders, and all
                       moving papers before submitting the moving papers to the Court
                       Specialist, in one of the ways below. Telephone notice alone is not
                       sufficient.
                       a.     Personal service or, upon written consent, by facsimile
                              transmission with either a printed electronic confirmation of
                              receipt, which shall be attached to the Declaration re Notice, or the
                              sender’s declaration that the recipient has acknowledged receipt; or




                                                18
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        b.      Service is by mail, but notice is not complete and the moving
                                papers shall not be submitted to the Court Specialist until five
                                calendar days after mailing. Where service is by next-day carrier,
                                notice is not complete and the papers shall not be submitted until
                                two calendar days after the carrier receives the papers to be served.
(Eff. 1/01/11)
                 (4)    OPPOSITION TO EX PARTE APPLICATION
                        Attorneys or self-represented parties shall serve on moving party and file
                        with the Court Specialist any written response to the ex parte application
                        within 24 hours of the ex parte application’s submission to the Court,
                        unless the Court requests an expedited response.
(Eff. 1/01/11)

                 (5)    ONLINE STATUS OF EX PARTE APPLICATIONS
                        The Court will post on the Court’s website, www.scscourt.org, the status
                        of ex parte matters that have been submitted to the Court for review and
                        signature.
(Eff. 1/01/11)
           B.    SPECIAL PROCEDURES FOR CLETS RESTRAINING ORDERS
(Eff. 1/01/11)
                 Any restraining orders under the Domestic Violence Prevention Act or Family
                 Law Act shall be submitted to the Court on the CLETS forms or other Judicial
                 Council approved forms. All ex parte requests for CLETS restraining orders shall
                 include a completed Declaration in Support of Ex Parte Application for Orders
                 (see attached form FM-1013). All personal conduct and stay away restraining
                 orders in a judgment must be set forth separately on a CLETS or Judicial Council
                 form and must include the expiration date, and good cause for granting the orders
                 must be set forth in attached declarations.
(Eff. 1/01/11)
                 All restraining order applications and orders after hearing shall be accompanied
                 by the Confidential CLETS Information Form CLETS-001 and where applicant
                 requests that the Sheriff serve the orders, by the Request for Sheriff to Serve and
                 Sheriff’s Fee Statement (see attached form FM-1041), which shall not become
                 part of the court file. The local form entitled How to Safely Turn in Firearms and
                 Ammunition (see attached form FM-1047) shall be served with any CLETS
                 temporary restraining order or restraining order after hearing. In the event that the
                 Court issues mutual restraining orders following a hearing, such orders must be
                 stated on two separate forms, one for each party. Pursuant to Family Code §
                 6380, the Court will transmit to the Sheriff’s Office for entry into the domestic
                 violence restraining order system orders for personal conduct, residence
                 exclusion, and stay away, as well as proofs of service of such orders and custody
                 and visitation orders issued in these cases. Parties may also deliver certified
                 copies of the orders and proofs of service to law enforcement agencies.
(Eff. 1/01/13)
                 In cases where the Court allows for property removal as an exception to the
                 restraining order, Attachment FM-1102 (Other Orders-Property Removal) may be


                                                  19
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        FAMILY RULES
                 used as an attachment to the Restraining Order After Hearing (Judicial Council
                 form DV-130).
(Eff. 1/01/11)
                 (1)    EXISTING CRIMINAL PROTECTIVE ORDERS
                        a.     The Family Court shall examine available databases for existing
                               restraining or protective orders involving the same restrained
                               parties before issuing CLETS Civil Restraining Orders. If the
                               information is not available, the Court will ask the parties before
                               issuing any such permanent CLETS Civil Restraining Orders.
(Eff. 7/01/11)
                 (2)    MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
                        a.     Any Court responsible for issuing custody or visitation orders
                               involving minor children of a defendant/restrained person subject
                               to a Protective Order in Criminal Proceeding (CLETS) (Judicial
                               Council form CR-160), also known as Criminal Protective Order,
                               may modify the Criminal Protective Order if all of the following
                               circumstances are satisfied:
(Eff. 1/01/07)
                               i.     Both the defendant/restrained person and the victim/
                                      protected person are subject to the jurisdiction of the
                                      Family, Juvenile, or Probate Court; both parties are present
                                      before the Court; and both agree to the modification.
                               ii.    The defendant/restrained person has been convicted of or is
                                      currently charged with a domestic violence related offense
                                      in Santa Clara County and a Criminal Protective Order has
                                      issued and is still in effect.
(Eff. 1/01/13)
                               iii.   The Family, Juvenile, or Probate Court identifies a
                                      Criminal Protective Order issued against the defendant,
                                      which is inconsistent with a proposed Family, Juvenile, or
                                      Probate Court Order, such that the Family, Juvenile, or
                                      Probate Order is/will be more restrictive than the Criminal
                                      Protective Order or there is a proposed custody or visitation
                                      order which requires recognition in the Criminal Protective
                                      Order (boxes 13 or 14, or both, on the Criminal Protective
                                      Order form).
(Eff. 1/01/07)
                               iv.    The defendant signs an appropriate waiver of rights form or
                                      enters a waiver of rights on the record.
                               v.     Both the victim/protected person and the defendant/
                                      restrained person agree that the Criminal Protective Order
                                      may be modified to a more restrictive order or to add Box
                                      13 or 14 or both to the Criminal Protective Order.
(Eff. 1/01/07)
                        b.     The Family, Juvenile, or Probate Court may not modify existing
                               Criminal Protective Orders to be less restrictive. Only if children
                                                20
RULE 5 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      FAMILY RULES
                             are not listed as protected persons, a modification of the Criminal
                             Protective Order to check Box 13 or 14 or both to the Criminal
                             Protective Order shall not be considered less restrictive.
(Eff. 1/01/07)
                       c.    The Family, Juvenile, or Probate Court may, on its own motion or
                             at the request of a defendant, protected person, or other interested
                             party, calendar a hearing before the Criminal Court on the issue of
                             whether a Criminal Protective Order should be modified. The
                             Family, Juvenile, or Probate Court shall provide the Criminal
                             Court with copies of existing or proposed Orders relating to the
                             matter. Notice of the hearing will be provided to all counsel and
                             parties.
(Eff. 1/01/07)
           C.    FAX FILING IN DOMESTIC VIOLENCE CASES
                 (1)   DEFINITIONS
                       a.    SERVICE PROVIDER
                             “Service provider” means an entity authorized by the Court to
                             provide fax filing services to the public and the Court for domestic
                             violence cases, to transfer filings and messages to and from the
                             Court, and to pay any applicable filing fees to the Court.
                       b.    FAX
                             “Fax” and fax filing shall be as defined in Cal. Rules, Rule 2003.
(Eff. 1/01/13)

                 (2)   DIRECT FILING
                       a.    Pursuant to Cal. Rules, Rule 2.304, et seq., authorized service
                             providers may directly file domestic violence restraining order
                             applications, temporary restraining orders, and proofs of personal
                             service by fax. Such filings shall be submitted to a number to be
                             designated by the Court.
(Eff. 1/01/13)
                       b.    A facsimile filing shall be accompanied by a Domestic Violence
                             Facsimile Filing Cover Sheet. (See attached form FM-1000.) This
                             shall be the first page transferred, to be followed by any special
                             handling instructions required. If the domestic violence restraining
                             order application is submitted with initial documents which require
                             the payment of a filing fee, such as a dissolution or paternity
                             action, the facsimile filing shall also be accompanied by a Judicial
                             Council Facsimile Filing Cover Sheet with the applicable credit
                             card information. This shall be the second page transmitted in that
                             event. The Court is not required to keep a copy of the cover sheet
                             and attachment. Any credit card information will be kept
                             confidential by the Court.
(Eff. 7/01/06)


                                              21
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                        c.      Each document transmitted for direct filing with the Court shall
                                contain the phrase “by fax” immediately below the title of the
                                document. Each service provider shall also include its applicable
                                PIN number where indicated on the Domestic Violence Facsimile
                                Filing Cover Sheet.
                        d.      There shall be no facsimile filing fee for the filing of domestic
                                violence restraining orders.
                 (3)    SIGNATURES
                        a.      A person who files or serves a signed document by fax pursuant to
                                the Code of Civil Procedure and this rule represents that the
                                original signed document is in his or her possession and control.
                        b.      At any time after the filing or service of a signed facsimile
                                document, any other party may serve a demand for production of
                                the original physically signed document. The demand for
                                production shall be served on all other parties but shall not be filed
                                with the Court.
                        c.      Notwithstanding any other provision to the contrary, including
                                Sections 255 and 260 of the Evidence Code, a signature produced
                                by facsimile transmission is an original.
                 (4)    SERVICE PROVIDERS
                        a.      Service providers shall be required to sign a Memorandum of
                                Understanding with the Court and attend periodic training sessions
                                regarding domestic violence restraining orders and court
                                procedures.
                        b.      The Court shall maintain a list of approved service providers for
                                facsimile filing of domestic violence cases. Each approved service
                                provider shall be assigned a PIN number for identification
                                purposes.
(Eff. 1/01/98)

           D.    STIPULATIONS
                 All stipulations must be signed by both parties and their respective attorneys.
                 Any self-represented party’s signature must be notarized or otherwise
                 authenticated by a member of the bar.
(Eff. 1/01/10)
           E.    PROOF OF SERVICE
                 Unless the Court has granted an order shortening time, proof of service of the
                 moving papers shall be filed no later than five court days before the hearing. If a
                 responding party fails to appear at a hearing and the moving party does not submit
                 to the Court proof of timely service, the matter will be taken off calendar or
                 reissued for service. If the responding party fails to appear and proof of service is

                                                  22
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 submitted, the Court may enter orders based on the pleadings and evidence of the
                 moving party, or continue the hearing and award attorney’s fees.
(Eff. 1/01/11)

           F.    TIME LIMITS AND COUNTER-MOTIONS
                 All matters on the law and motion calendar are limited to hearings of 30 minutes
                 or less. A responding party may set a counter-motion on the law and motion
                 calendar for the same date only if (1) the counter-motion will not cause the
                 hearing to exceed 30 minutes; and (2) space is available on the calendar or the
                 APJ approves an application submitted to the Court Specialist.
(Eff. 1/01/11)

           G.    CONTINUANCES
                 (1)    FIRST CONTINUANCE
                        Before the first hearing date, if the moving papers have already been
                        served and if the parties agree, one continuance may be obtained by faxing
                        to or filing at the Clerk’s Office, at least two court days before the hearing,
                        (1) a stipulation signed by both attorneys or self-represented parties; or (2)
                        a letter signed by the requesting attorney or self-represented party
                        confirming that the other party agrees to continue the hearing. This
                        procedure for continuing the first hearing date shall not apply to hearings
                        on requests for domestic violence or other restraining orders.
(Eff. 1/01/11)
                        If the Court had issued an order shortening time for the filing, service, and
                        original hearing date, and the hearing date is then continued by stipulation
                        of the parties, the continuance will not affect the dates for filing and
                        service set by the original order shortening time unless the Court
                        specifically so orders.
(Eff. 1/01/11)
                 (2)    ADDITIONAL CONTINUANCES
                        No additional continuances will be granted except by a written request
                        submitted to the APJ no later than 9:00 a.m. on the court day before the
                        hearing, based on a showing of good cause.
(Eff. 1/01/11)

           H.    LONG CAUSE HEARINGS
                 A “long cause” hearing is any hearing other than a trial that will take longer than
                 30 minutes. The Court may calendar long cause hearings from the law
                 and motion calendar or from a CRC. If a party believes that a law and motion
                 matter requires a long cause hearing, the attorney or self-represented party shall
                 confer with the other attorney or self-represented party and schedule a CRC. If a
                 party intends to request a long cause hearing at the law and motion calendar, all
                 parties shall be prepared to go forward with the hearing in the event the Court
                 denies the request, or be prepared to address temporary orders pending the long
                 cause hearing. Attorneys or self-represented parties shall notify the Court of an
                 intended request or agreement to schedule a long cause hearing at the earliest
                                                 23
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
                 opportunity and no later than 9:00 a.m. on the court day before the scheduled law
                 and motion hearing.
(Eff. 1/01/13)
           I.    MATTERS TAKEN OFF CALENDAR OR RESOLVED BEFORE
                 HEARING
(Eff. 1/01/11)
                 (1)    After service of the moving papers, no matter shall be taken off calendar
                        without notice to the responding party. The responding party must agree to
                        take any matter off calendar when the responding party has requested
                        affirmative relief.
(Eff. 1/01/11)
                 (2)    Attorneys or self-represented parties shall notify the Court at the earliest
                        opportunity of any agreement or request to take a hearing off calendar or if
                        all issues to be considered at the hearing have been resolved. At least one
                        of the parties or counsel must leave a voicemail message for the
                        Courtroom Clerk that the hearing will be a “no-read” matter no later than
                        9:00 a.m. on the court day before the hearing. At the same time, a
                        voicemail message must be left for the Duty Clerk at (408) 534-5644, with
                        the caller’s name, the case name, number, hearing date and department,
                        and reason for the message. If a message is left that the parties have
                        agreed to continue the hearing, the parties should be prepared to proceed
                        with the hearing if the Court does not agree to continue the matter.
(Eff. 1/01/11)

           J.    DOCUMENTS
                 Except for documents that impeach the truthfulness of a party or witness, a party
                 shall provide a copy of each document to be offered to the Court before any
                 hearing to all counsel and self-represented parties. Parties shall bring to court
                 three copies of any document to be offered at the hearing. Parties shall also be
                 prepared to provide to the Court at the hearing copies of all pleadings, proofs of
                 service, and earlier orders.
(Eff. 7/01/12)
           K.    TIME ESTIMATES
                 At the hearing, parties shall provide the Court with reasonable and accurate time
                 estimates. If either party’s time estimate is exceeded, the Court may, in its
                 discretion, rule without further hearing, defer the matter to the end of the calendar
                 if time permits, continue the matter, declare a mistrial for the hearing, or order the
                 matter off calendar.
(Eff. 1/01/11)
           L.    CONTEMPT
                 (1)    APPOINTMENT OF COUNSEL
                        If a party cited for contempt appears without an attorney, one continuance
                        will be granted to permit the citee to retain counsel or if indigent, to be
                        referred to the appropriate office to determine financial eligibility and
                        representation. The citee will be ordered to attend the continued hearing.
(Eff. 1/01/11)


                                                  24
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (2)    ORDERS
                        After the contempt hearing, the moving party shall prepare an order for the
                        Court’s signature, using the Judicial Council form, setting forth the
                        Court’s findings and orders. If the citee is self-represented, the moving
                        party shall submit the order directly to the Court, without the citee’s
                        approval as to form and content. A copy of the proposed order shall be
                        provided to the other party at the same time it is sent to the Court. If the
                        citee is taken into custody at the conclusion of the hearing, the order shall
                        be filed before 4 p.m. the next court day.
(Eff. 1/01/11)
           M.    TENTATIVE RULINGS IN FAMILY LAW AND MOTION MATTERS
                 For judges choosing to issue tentative rulings in law and motion matters, tentative
                 rulings will be posted on the day of the hearing, or announced orally at the time of
                 oral argument.
(Eff. 7/01/09)

RULE 6           CASE MANAGEMENT, CASE STATUS CONFERENCE (STATUS
                 CONFERENCE), SETTLEMENT,      FAMILY CENTERED    CASE
                 RESOLUTION (CRC), LONG CAUSE HEARINGS AND TRIALS
(Eff. 1/01/13)
           A.    PURPOSE
                 The purpose, definitions, and goals of the CRC and Status Conference are set
                 forth in Family Code §§ 2450, 2451, and Cal. Rules, Rule 5.83. Until final
                 disposition of the case, the parties must participate in a review of the case at a
                 Status Conference or a CRC at least every 180 days in order to determine the
                 most appropriate next steps to help ensure an effective, fair, and timely resolution.
                 At each Status Conference, SOC or CRC, a further date for review will be
                 scheduled, unless judgment has been entered.
(Eff. 1/01/13)
           B.    CASE STATUS CONFERENCE (STATUS CONFERENCE)
                 (1)    CALENDAR
                        a.      In any Dissolution, Nullity, Legal Separation, Termination of a
                                Domestic Partnership, Custody and Support, or Uniform Parentage
                                Act case:
                                i.      When the Petition is filed, the Clerk of the Court shall set
                                        an initial Status Conference in approximately 120 days, by
                                        completing a Family Law Notice (attached form FM-1050)
                                        with the Status Conference date and APJ assignment. The
                                        Petitioner shall serve a copy of the Family Law Notice on
                                        Respondent at the same time the Petition is served.
                                ii.     If a Response is filed before the initial Status Conference,
                                        the Court shall mail a Family Law Notice form to all
                                        parties in order to provide further notice of the initial Status

                                                  25
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                  FAMILY RULES
                                Conference. If a Response is filed after the initial Status
                                Conference, and the next Status Conference is set more
                                than 90 days after the Response is filed, the Court will
                                advance the Status Conference to a date that is between 30
                                and 60 calendar days after the Response is filed. The
                                Calendar Clerk shall mail a notice of the new Status
                                Conference date if one is set.
                         iii.   The purpose of the Status Conference will be to consider
                                the completion of the procedural milestones described in
                                Cal. Rules, Rule 5.83(c)(4). In marital or domestic
                                partnership cases, if the Petition has been served and proof
                                of service filed, a Response has been filed or default
                                entered, and Preliminary Declarations of Disclosure served,
                                any party may file a Request and Order to Change Status or
                                Case Resolution Conference Date (Attachment FM-1059)
                                and request any of the following: 1) a new Status
                                Conference date; 2) an SOC and Status Conference; or 3) a
                                Family Centered Case Resolution Conference (CRC). In
                                any action, if a final and complete judgment has been
                                entered, the Status Conference will be cancelled.
                         iv.    If the procedural milestones described in Cal. Rules, Rule
                                5.83(c)(4) have not yet been met, the Status Conference
                                will only be continued for no more than 60 days on a
                                sufficient showing of diligence by the Petitioner.
                  b.     On request of either party or on the Court’s own motion, the Court
                         may set any matter for a Status Conference at any time, or at the
                         Court’s discretion, order the parties to attend a CRC.
            (2)   ORDERS AT STATUS CONFERENCE
                  At a Status Conference, the Court will review the status of the case and
                  progress toward efficient resolution. At any Status Conference, the Court
                  may:

                  a.     Refer appropriate cases to arbitration or mediation, Early Neutral
                         Evaluation (ENE), or a Settlement Officer Conference (SOC);
                  b.     Inform the parties of procedural steps to reach disposition in the
                         case;
                  c.     Set time limits and deadlines for service of process and filing proof
                         of service, entry of default, service of preliminary declarations of
                         disclosure, submission of judgment, or filing a request for trial;
                  d.     Appoint an attorney for a minor child upon stipulation, or schedule
                         a hearing to appoint a child’s attorney and/or make a fee
                         allocation;
                                          26
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 FAMILY RULES
                  e.    Set or reset trials, settlement conferences, or hearings, including
                        bifurcating issues for trials;
                  f.    Order further Status Conference;
                  g.    Determine that the case requires a Family Centered Case
                        Resolution Conference (CRC) under the factors described in Cal.
                        Rules, Rule 5.83(c)(7) and schedule a CRC;
                  h.    Take any other actions permitted by law that would promote a just
                        and efficient disposition of the case.
            (3)   ATTENDANCE
                  a.    Attorneys and self-represented parties shall attend each Status
                        Conference unless excused in advance by the Court, the case has
                        been dismissed, or a Judgment resolving all issues has been
                        entered. An initial Status Conference will be continued if an SOC
                        is calendared before the Status Conference. Parties represented by
                        an attorney do not have to attend a Status Conference unless
                        ordered by the Court to appear.
                  b.    In accordance with Cal. Rules, Rule 3.670, the Court has
                        contracted with CourtCall, LLC, to provide teleconferencing
                        services for Status Conference and CRC appearances, except for
                        cases before a Child Support Commissioner. At least 10 calendar
                        days before the scheduled Status Conference or CRC, an attorney
                        or party must contact CourtCall at (888) 88-COURT to arrange the
                        telephonic appearance and pay the required fee for CourtCall’s
                        service. On the day of the Status Conference or CRC, those
                        appearing by telephone must call the toll-free teleconference line
                        designated by CourtCall at least five minutes before the Status
                        Conference or CRC. On a case by case basis, the Court may
                        require personal attendance at any Status Conference or CRC.
                  c.    Any self-represented litigant who wants assistance from the
                        Court’s Self-Help Center on the day of the Status Conference or
                        CRC must appear in person.
                  d.    If no party appears at a scheduled Status Conference without
                        advance excuse by the Court, a further Status Conference will be
                        scheduled in approximately 180 days. The Calendar Clerk shall
                        mail a notice of the Status Conference, notifying the parties if they
                        fail to appear in Court, the case may be subject to dismissal. A
                        third failure to appear at a scheduled Status Conference or CRC
                        will lead to notice sent by the Calendar Clerk that unless steps are
                        taken by the parties to pursue the case, the case will be subject to
                        dismissal. No further Status Conference will be scheduled unless


                                         27
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       FAMILY RULES
                              one of the parties schedules a hearing, Status Conference, or takes
                              other action to pursue the case.
                       e.     Alternative Dispute Resolution (ADR): Parties who file a Request
                              to Change Status or Resolution Conference Date (Attachment FM-
                              1059) prior to the Status Conference or CRC indicating they are
                              participating in ADR and actively negotiating or mediating their
                              case will be exempt from the Status Conference or CRC for 180
                              days, and a new Status Conference will be set in approximately
                              180 days. If a judgment or dismissal is not filed within 180 days
                              of the filing of Attachment FM-1059, the Court will proceed with
                              the Status Conference.
                       f.     Reconciliation: Parties who file a Request to Change Status or
                              Resolution Conference Date (Attachment FM-1059) prior to the
                              CRC or Status Conference indicating they are attempting
                              reconciliation will be exempt from the Status Conference or CRC
                              for 180 days, and a new Status Conference will be set in
                              approximately 180 days. If a judgment or dismissal is not filed
                              within 180 days of the filing of the Attachment FM-1059, the
                              Court will proceed with the Status Conference.
      (Eff. 1/01/13)

      C.         SETTLEMENT OFFICER CONFERENCE (SOC) AND CASE STATUS
                 CONFERENCE
                 (1)   PURPOSE
                       At an SOC and Status Conference, the Family Court Settlement Officer
                       (FCSO) or temporary judge will assist the parties to settle all non-custody
                       or visitation issues or to streamline the issues for trial. The Court may
                       also appoint the FCSO as a discovery special master or case manager. The
                       FCSO will conduct a Status Conference to address any outstanding
                       procedural milestones that have not been met, and has discretion to set
                       return SOC appointments. If the case does not settle and no further SOC
                       appointment is set, the FCSO will set the matter for a Status Conference
                       with the APJ, or if the case requires a CRC under Family Code §
                       2451(a)(2) and Cal. Rules, Rule 5.83(c)(7), the FCSO will schedule a
                       CRC with the APJ, on a date convenient to the parties and the Court, but
                       in no event more than 180 days after the completion of the SOC. Parties
                       attending an SOC will have satisfied the requirement to attend a Status
                       Conference for that 180 day period. Another Status Conference, SOC, or
                       CRC will be scheduled at the conclusion of the SOC to meet the
                       scheduling requirements for the next 180 day period.
                 (2)   CALENDAR
                       a.     Attorneys or self-represented parties may agree to request an SOC
                              by submitting a letter to the Calendar Clerk at any time, no later
                                               28
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                              than 40 calendar days before the Mandatory Settlement Conference
                              (MSC).
                       b.     A party may also request an SOC when filing a Request for Trial
                              (attached form FM-1012).
                       c.     The Court may order the parties to an SOC, even over an
                              objection, at any time.
                 (3)   PROCEDURES
                       a.     Preliminary Declarations of Disclosure shall be served by all
                              parties within the time frame specified in Cal. Rules, Rule 5.83,
                              and in all cases at least 10 days prior to the SOC.

                       b.     All attorneys and parties shall attend the SOC in person, although
                              the Court may permit parties to attend by telephone or video
                              conference by advance order.
                       c.     No Settlement Conference Statement is required at the SOC, but
                              the parties should have available all necessary information.
(Eff. 1/01/13)
           D.    REQUEST FOR TRIAL
                 (1)   Trials may be requested at a Status Conference, at a CRC, or in a filed
                       Request for Trial, a local form that is not required. (See attached form
                       FM-1012.) A Request for Trial, however, shall not be used for trials on
                       custody or visitation issues or Domestic Violence Prevention Act
                       restraining orders. After the Request for Trial is filed, the Court will
                       schedule a CRC.
                 (2)   If one party files a Request for Trial and the other party contends that the
                       matter is not ready for trial or disagrees with the time estimate, that party
                       must file a Request for Trial form (Attachment FM-1012), explaining that
                       disagreement.
(Eff. 1/01/13)

           E.    FAMILY CENTERED CASE RESOLUTION CONFERENCE (CRC)
                 (1)   CALENDAR
                       a.     In any Dissolution, Nullity, Legal Separation, Termination of a
                              Domestic Partnership, Custody and Support, or Uniform Parentage
                              Act case, a CRC may be scheduled as follows: 1) at the direction
                              of the Court at any time; 2) at the request of the FCSO; 2) at the
                              request of the FLFO; 3) at the request of a party approved by the
                              Court; or, 4) following a Request for Trial.
                       b.     In deciding that a case requires a CRC, the Court should consider,
                              in addition to procedural milestones, the factors described in Cal.
                              Rules, Rule 5.83(c)(7).
                                                29
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                  FAMILY RULES

                  c.     In order to change the date of a CRC in advance without attending,
                         attorneys or self-represented parties must complete and submit a
                         Request and Order to Change Case Status or Resolution
                         Conference Date (Attachment FM-1059) at least 10 calendar days
                         before the CRC. Appearance at the CRC is required unless the
                         judicial officer approves the change.

            (2)   FAMILY CASE CENTERED CASE RESOLUTION PLAN
                  (FCCRP) ORDERS AT CRC
                  At a CRC, the Court will review the status of the case and progress toward
                  efficient resolution. At any CRC, the Court may:

                  a.     Make any of the orders that could be made at a Status Conference;
                  b.     Limit, schedule, or expedite discovery, including the disclosure of
                         expert witnesses;
                  c.     Appoint court experts upon stipulation and allocate their expenses,
                         or schedule a hearing for appointment of Court experts and the
                         allocation of the expenses;
                  d.     Appoint an attorney for a minor child upon stipulation or schedule
                         a hearing on the appointment and the fee allocation;
                  e.     Order or review a Family Centered Case Resolution Plan in
                         accordance with Family Code §§ 2450 and 2451;
                  f.     Set or reset trials, settlement conferences, or hearings, including
                         bifurcating issues for trials;

                  g.     Make orders relating to subpoenas issued to Family Court Services
                         personnel;
                  h.     Order further Status Conference or CRC; and
                  i.     Take any other actions permitted by law that would promote a just
                         and efficient disposition of the case.
            (3)   ATTENDANCE
                  a.     Attorneys and self-represented parties shall attend each CRC
                         unless excused in advance by the Court, the case has been
                         dismissed, or a Judgment resolving all issues has been entered.
                         The Court may permit parties to attend by telephone by advance
                         order as provided above in Rule 6(B)(3)b. Parties represented by
                         an attorney do not have to attend a CRC unless ordered by the
                         Court to appear.


                                          30
RULE 6 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       b.     If the Court determines that appearances at a CRC are not
                              necessary, the Court may notify the parties and, if stipulated, issue
                              a FCCRP order without an appearance at a conference.
                 (4)   STATUS   OR             CASE         RESOLUTION            CONFERENCE
                       QUESTIONNAIRE
                       If a party requests a trial or long cause hearing, each self-represented party
                       or attorney shall file and serve on the other self-represented party or
                       attorney a completed Status or Case Resolution Conference Questionnaire
                       (attached form FM-1010) at least 10 calendar days before any scheduled
                       Status Conference or CRC. If no trial or long cause hearing has been
                       requested, the Questionnaire (Attachment FM-1010) is optional. If a
                       Questionnaire is filed by a party, that party shall bring two copies of his or
                       her Questionnaire to the Status Conference or CRC.
(Eff. 1/01/13)
           F.    MANDATORY SETTLEMENT CONFERENCE (MSC)
                 (1)   CALENDAR
                       a.     An MSC shall be set in all family law cases set for trial. An MSC
                              may be set for any long cause hearing. The MSC shall be
                              conducted approximately two weeks before trial or hearing. Family
                              law matters are usually set for an MSC and trial or long-cause
                              hearing at Status Conference, CRC, or a Custody Settlement
                              Conference.
                       b.     Once a trial (or long cause hearing) and MSC are set, no
                              continuances will be granted except upon noticed motion for good
                              cause. The parties may stipulate that the matter may go off
                              calendar subject to Court approval, by notifying the clerk of the
                              APJ and the calendar secretary at least one week before the
                              scheduled trial date or MSC. Any case that has been taken off the
                              trial calendar by stipulation, can be restored to the trial calendar
                              either by noticed motion or by requesting a further Status
                              Conference or CRC.
                 (2)   MANDATORY ATTENDANCE
                       All parties shall attend the MSC fully prepared for trial on all calendared
                       unresolved issues. Attorneys shall hold at least one face-to-face or
                       telephone settlement discussion and have made a full exchange of all
                       relevant information before the MSC. If a party lives outside of
                       California, the Court may exempt that party from appearing if requested in
                       advance, and (1) the party is available on telephone standby and (2) the
                       other party has been previously notified by letter.




                                                31
RULE 6 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                 (3)    SETTLEMENT CONFERENCE STATEMENT
                        At least 10 calendar days before the MSC, or 15 calendar days if service is
                        by mail, each party shall file and serve on the other party a Settlement
                        Conference Statement. If the case has been previously set for an MSC, the
                        Settlement Conference Statement previously filed may be resubmitted by
                        letter. The Settlement Conference Statement shall contain detailed
                        statements of the party’s position on each issue to be decided at the long
                        cause hearing or trial. If some issues were previously resolved, the
                        Settlement Conference Statement shall describe that resolution and refer to
                        any filed supporting documents. If attachments to the Settlement
                        Conference Statement collectively exceed 20 pages, the attachments
                        should be lodged with the Court separately from the Statement, and will
                        be returned to the party at the conclusion of the MSC.
(Eff. 1/01/13)

           G.    FAMILY LAW JUDICIAL SETTLEMENT PROGRAM
                 Parties may apply at the earliest opportunity to participate in a settlement session
                 with a sitting judicial officer who has agreed to participate in the program. The
                 program is governed by the following rules:
                 (1)    ELIGIBILITY/CRITERIA FOR PARTICIPATION
                        a.      The case will consume significant court resources, and would be
                                set for a lengthy trial in the Civil Division.
                        b.      The parties and their attorneys represent in good faith that they
                                desire to resolve the case, and that they agree to participate in a
                                settlement session with an agreed-upon judicial officer.
                        c.      The parties are prepared to complete a settlement session as soon
                                as the case is accepted into the program.
                        d.      The Court has obtained jurisdiction over all necessary parties so
                                that a resolution resulting from a settlement session will be final.

                        e.      The Supervising Family Judge accepts the case for the program
                                despite the failure to satisfy one or more of the above-stated
                                criteria.
                        f.      This settlement program may not be appropriate in cases involving
                                domestic violence. If requested in such cases, the Settlement
                                Judge may schedule separate sessions with the parties, or provide
                                separate locations for the parties during the session.
                 (2)    PROCEDURE
                        a.      Application must be made on the Family Law Judicial Settlement
                                Program Stipulation and Order form (See attached form FM-1119).
                                The application must be signed by all counsel and self-represented
                                                  32
RULE 6 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 FAMILY RULES
                        parties. The All-Purpose Judge (APJ) also may request that certain
                        cases apply to the program, with the agreement of all parties and
                        counsel.
                  b.    The application must be submitted to and approved by the Family
                        Supervising Judge.
                  c.    When the application is approved, counsel and/or self-represented
                        parties must promptly contact the department of the judge selected
                        to conduct the settlement session, to schedule the session.
                        Settlement sessions will be conducted on a day selected by the
                        Settlement Judge.

                  d.    When the application is approved, all law and motion and
                        discovery proceedings shall be stayed until completion of the
                        settlement session, except as otherwise agreed by the parties or
                        ordered by the Court.
            (3)   TIMELINE
                  a.    The settlement session shall commence within 30 days of approval
                        of the application, and shall be completed no later than 60 days
                        after approval of the application, except as otherwise ordered by
                        the Court.
                  b.    The case will be set for Settlement and Case Status Review
                        approximately 70 days after approval of the application with the
                        APJ.
            (4)   PERSONS ATTENDING/STATEMENTS
                  a.    Lead trial counsel, parties, and persons with full authority to settle
                        the case must personally attend the settlement session, unless
                        excused by the Settlement Judge for good cause. If financial issues
                        are to be discussed, the parties shall bring their financial experts to
                        the settlement session, unless excused by the Settlement Judge for
                        good cause. The financial experts shall confer prior to the
                        settlement session to identify areas of agreement and/or
                        disagreement. If any consent to settle is required for any reason,
                        the person or persons with that consensual authority must be
                        personally present at the settlement session, unless excused by the
                        Settlement Judge for good cause.
                  b.    Counsel and self-represented parties must submit to the Settlement
                        Judge and serve on all parties, but not file, full written statements
                        of their position regarding settlement no later than five calendar
                        days before the settlement session.



                                          33
RULE 6 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                          FAMILY RULES
                 (5)    SETTLEMENT CONFERENCE
                        a.      A settlement conference conducted under the Family Law Judicial
                                Settlement Program is conducted under Family Code § 2451.
                                There is no provision for confidentiality of communication, unless
                                otherwise provided in Evidence Code § 1152 (a) or other legal
                                authority.
                        b.      If a settlement session before the Settlement Judge results in either
                                a full or a partial settlement, the agreement shall be reduced to
                                writing by the parties. Although the parties may place their
                                agreement on the record, the Settlement Judge will not expand on
                                or interpret any incomplete term of the settlement placed on the
                                record if the parties are unable to finalize a written agreement after
                                the settlement session. The parties may stipulate that the Court
                                shall retain jurisdiction over them to enforce the settlement,
                                pursuant to Code of Civil Procedure § 664.6.
                 (6)    FURTHER COURT PROCEEDINGS
                        a.      The Settlement Judge shall be subject to the provisions of
                                Evidence Code § 703.5
                        b.      At the conclusion of the settlement session, and with notice to the
                                parties, the Settlement Judge may report in writing to the APJ
                                whether all or part of the case has settled, and/or make
                                recommendations as to the process by which some or all of the
                                remaining issues in the case may be most expeditiously resolved.
(Eff. 1/01/13)

RULE 7           DUTIES OF THE FAMILY LAW FACILITATOR
(Eff. 1/01/11)
                 In addition to the duties mandated by the Family Law Facilitator Act, Family Code
                 § 10000 et. seq., the Family Law Facilitator shall have the following duties:
(Eff. 1/01/10)
                 A.     Meeting with litigants to mediate issues of child support, spousal or
                        partner support, and maintenance of health insurance, subject to Family
                        Code § 10012.
(Eff. 1/01/11)
                 B.     Drafting stipulations, which may include issues other than those specified
                        in Family Code § 10003. If the parties are not able to resolve issues with
                        the assistance of the Family Law Facilitator, the Facilitator, before or at
                        the hearing, and at the Court’s request, shall review documents, prepare
                        support schedules, and advise the Court whether the matter is ready to
                        proceed.
(Eff. 1/01/11)
                 C.     Assisting the clerk in maintaining records.

                 D.     Preparing orders documenting the Court’s announced order where both
                        parties are self-represented or in those cases with one attorney where the

                                                   34
RULE 7 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       Court refers the self-represented party because the order benefits that
                       party.
(Eff. 1/01/11)
                 E.    Serving as a special master and making findings to the Court, unless the
                       Facilitator has served as a mediator in the case.
(Eff. 1/01/11)
                 F.    Participating in the operation of the Family Court Clinic, including the
                       training and supervision of volunteers.
(Eff. 1/01/11)

RULE 8           DEFAULT OR UNCONTESTED JUDGMENT
           A.    GENERAL POLICY
                 (1)   Where a Judgment of Dissolution, Nullity or Legal Separation of spouses
                       in a marriage or partners in a domestic partnership is sought to be obtained
                       by written agreement of the parties after a response has been filed
                       (uncontested), or by default, the declaration provisions of the Family Code
                       may be used.
                       NOTE:      Judgments of Nullity of Marriage or Nullity of a Domestic
                                  Partnership require a Court hearing.
(Eff. 1/01/05)
                 (2)   Generally uncontested and default family law judgments shall be obtained
                       by declaration. However, a hearing may be set upon request of a party or
                       by Court order.
(Eff. 1/01/98)
           B.    JUDGMENT BY DEFAULT
                 (1)   Unless the Court orders otherwise, a default will not be entered based on
                       notice and acknowledgment of receipt signed by a person other than the
                       party to whom it is directed.
                 (2)   Default will not be entered if Respondent’s address as stated on
                       Petitioner’s Request to Enter Default (Form No. FL-165) is the same as
                       Petitioner’s address, unless Petitioner also files a declaration stating under
                       oath that Petitioner and Respondent live at the same address.
(Eff. 1/01/08)
                 (3)   The signatures on any written agreement between self-represented parties
                       which is submitted to the Court as part of a judgment shall be notarized in
                       accordance with the rules of the jurisdiction in which the agreement is
                       signed, the signature shall be authenticated by a member of the bar, or it
                       shall be signed or acknowledged in open court.
(Eff. 1/01/02)

           C.    REQUIRED DOCUMENTS
                 (1)   A Family Law Judgment Checklist (attached Form FM-1052) or Family
                       Law Parentage Judgment Checklist (attached Form FM-1053) must be
                       completed and filed with any proposed default or uncontested judgment


                                                35
RULE 8 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        FAMILY RULES
                       that is submitted to the Clerk’s Office pursuant to Family Code § 2336.
                       All documents described in those checklists must also be submitted.
(Eff. 7/1/08)
           D.    CHILD CUSTODY AND VISITATION
                 (1)   If Petitioner is asking for a default Judgment in a dissolution, legal
                       separation, or nullity of a marriage or domestic partnership, or in a
                       parentage or custody and support case, and has a child with the other
                       parent and one or more of the following apply:
                       a.     does not already have a custody and visitation order,
                       b.     did not file a Child Custody and Visitation Application Attachment
                              (FL-311) or a specific proposed order with the Petition and wishes
                              to modify the custody and visitation requests made in the Petition,
(Eff. 1/1/13)
                       c.     does not already have a Marital Settlement Agreement or
                              Stipulated Judgment,
                       then Petitioner may complete, file, and serve by mail or in person a
                       Declaration for Default Custody and Visitation Orders (Attachment FM-
                       1025, form approved for optional use) at least 15 calendar days before the
                       Judgment is submitted as additional support for any requested orders.
(Eff. 1/1/13)
                 (2)   If the optional form FM-1025 is used, the filed Declaration and proof of
                       service shall be submitted to the Court with any proposed judgment.
(Eff. 1/1/13)
                 (3)   If Petitioner is obtaining the Judgment by a default hearing, the Petitioner
                       should be prepared to talk about the factors identified in the Declaration at
                       the default court hearing.
(Eff. 1/1/13)
           E.    CHILD SUPPORT
                 (1)   Where judgment is obtained by default and there is no attached written
                       agreement concerning child support, an attached declaration shall state the
                       effective date of the order sought, the amount of support sought per child
                       and in total, the gross and net income of each party, the name and birth
                       date of each child, and the amount of support for each child as calculated
                       according to the California child support guidelines. A computerized
                       printout of the guideline calculations, including the findings page, may be
                       substituted for the support portion of this declaration.
(Eff. 1/01/02)
                 (2)   Where a child support order is sought and the party to whom support is to
                       be paid is receiving public assistance or the Department of Child Support
                       Services (DCSS) is enforcing existing child support orders, that fact shall
                       be set out in the Judgment and the issue shall be reserved for enforcement
                       by DCSS. The party shall further list the court case number of the DCSS
                       action, if known.
(Eff. 1/01/07)



                                                36
RULE 8 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
           F.    REAL PROPERTY
                 All real property referred to in a judgment shall be described by its complete
                 common address and/or legal description.
(Eff. 1/01/98)

           G.    RESTORATION OF NAME
                 Restoration of a party’s former name shall be ordered in a judgment only upon
                 that party’s written request or request in open court.
(Eff. 1/01/98)

RULE 9           COUNSEL FOR MINOR CHILDREN
(Eff. 7/1/09)
           A.    PANEL OF COUNSEL ELIGIBLE FOR APPOINTMENT
(Eff. 7/1/09)
                 The Family Law Division has elected, pursuant to CRC 5.240(d), to create and
                 maintain a panel of counsel meeting the minimum qualifications set forth in the
                 Cal. Rules, whom the Court may consider for appointment as counsel for minor
                 children in family law proceedings. Attorneys wishing to be included on the
                 Court’s panel must submit Judicial Council form FL-322 and an Initial
                 Application (attached form FM-1081) to the Supervising Judge. Attorneys
                 selected for the panel who are serving as counsel for minors or who wish to
                 remain on the panel for future appointments must submit to the Supervising Judge
                 an updated Judicial Council form FL-322 and a Renewal Application/Eligibility
                 Declaration (attached form FM-1082) each year no later than December 31.
(Eff. 1/01/13)

          B.     COMPLAINT PROCEDURE
(Eff. 7/1/09)
                 In a family law proceeding in which the Court has appointed counsel for minor
                 children, any party or counsel or minor child may present a complaint about the
                 performance of appointed counsel. The complaint must be in writing, filed and
                 served on all counsel and self-represented parties, and a copy must be delivered to
                 the courtroom clerk for the APJ. The APJ shall respond to the complaint, either
                 by setting the matter for hearing or by issuing a written response.
(Eff. 7/01/09)
           C.    APPLICATION FOR PAYMENT OF COMPENSATION
                 (1)    Appointed counsel may apply for payment of fees and costs when counsel
                        has billed a minimum of 10 hours or when representation has concluded.
                        Appointed counsel shall promptly apply for payment when costs and fees
                        at the applicable billing rate reach $4,000. Application for payment shall
                        be consistent with any Court determinations under CRC 5.241 and shall be
                        made ex parte, using local form Application for Payment of Fees and
                        Costs of Children’s Counsel (attached form FM-1067), and following the
                        procedures set out in that form.




                                                 37
RULE 9 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       FAMILY RULES

                 (2)   Any response by a party to appointed counsel’s application for payment
                       shall use the local form Response to Application for Payment of Fees and
                       Costs by Children’s Counsel (attached form FM-1068), following the
                       procedures set out in that form.
(Eff. 1/01/09)




                                              38
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         FAMILY RULES
                                            APPENDIX
                          DISCRETIONARY POLICY STATEMENTS
                                FAMILY LAW DIVISION
These policies are not Local Rules and do not have the force of law, and they do not replace
judicial discretion.
These policies are published to provide parties and counsel an understanding of decisions the
Court is likely to make in specific factual situations commonly found in family law litigation, but
not covered by case law or statute.
These policies are general statements describing how the Court will usually deal with the specific
issues set forth below. The intent of the Court in adopting these statements is to encourage and
assist parties and counsel to resolve disputes.
These policies will apply to temporary and permanent orders, in the Court’s discretion. They
will not apply to a given case when contrary to law or when the application results in undue
hardship.
A.        SPOUSAL OR PARTNER SUPPORT
          (1)    Determination of Income
                 The incomes of the payor and the payee will generally be determined in the same
                 manner as set forth in the applicable provisions of current statutory child support
                 law, with due consideration of applicable spousal or partner support statutes.
          (2)    Standard of Living During Marriage or Domestic Partnership
                 In determining the standard of living during marriage or domestic partnership, as
                 provided in current statutory and case law regarding the standard of living, the
                 Court will usually base its findings on the combined gross incomes of the parties
                 at the time of separation.
          (3)    Application of Local Spousal or Partner Support Formula
                 The Court will use the local spousal or partner support formula at temporary
                 spousal or partner support hearings except in the following circumstances:
                 a.   The application would be inequitable; or
                 b.   The demonstrated need for the requested support is below the formula
                      amount.
                 In the interest of avoiding unnecessary litigation on this issue, the Expense
                 Declaration of the payee will not be viewed as determining or fixing need, but as
                 indicating the level of expenditure under the existing circumstances.
(Eff. 1/01/05)




                                                 39
                              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                           FAMILY RULES
B.         PARENT/CHILD TIME SHARING PERCENTAGES
           The Parent/Child Time Sharing Percentages listed below may be used in calculating
           guideline child support in addition to similar charts which are part of the Judicial Council
           approved child support software. The appropriate percentage for the time share with the
           children is a question of fact for the Court.
(Eff. 1/01/05)

           (1)    Time Sharing Arrangements                                     Days           %
                  a.      1 weekend per mo.                                     24             7
                  b.      1 extended weekend per mo.                            36             10
                  c.      2 weekends/mo                                        48              13
                  d.      1 weekend/mo + 1 evening/wk                           50             14
                  e.      Alternate weekends                                    52             14
                  f.      Alternate weekends + 2 wks summer                    67              18
                  g.      Alternate weekends & ½ holidays + 2 wks summer 69                    19
                          (If CP has 2 wks over summer too, then)        67                    18
                  h.      Two extended weekends/month                           72             20
                  i.      Alternate weekends + 1 evening/wk                     78             21
                  j.      Alternate weekends + 1 overnight/wk                  104             28
                  k.      Alternate extended weekends                           78             21
                  l.      Alternate weekends & ½ holidays + 4 wks summer,
                          (with alternating weekends continuing in summer,
                          and makeup if weekends lost due to the 4 weeks) 77                   21
                  m.      Alternate weekends & ½ holidays + 4 weeks summer
                          (with no alternating weekends all summer)      75                    21
                  n.      Alternate weekends & ½ holidays + ½ summer
                          (with or without alternate weekends in summer)       82              22
                  o.      Alternate extended weekends + 1 evening/wk            104            28
                  p.      Alternate extended weekends + 1 overnight/wk          130            36
                  q.      Alternate weekends & ½ holidays, 1 evening/wk,
                          + 4 wks summer (with alternating weekends
                          continuing in summer, and makeup if weekends
                          lost due to the 4 weeks)                             103             28


                                                   40
                               SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA
                                          FAMILY RULES
                        Time Sharing Arrangements                             Days          %
                 r.     Alternate weekends and 1 evening/wk when
                        school is in session, + ½ school vacations            104           28
                 s.     Three days/wk                                         156           43
                 t.     First, third, and fifth weekends                       56           15
                 u.     First, third, fifth, extended weekends                 84           23
                 v.     First, third, and alternate fifth weekends             52           14
                 w.     First, third, alternate fifth extended weekends        78           21
(Eff. 1/01/04)
           (2)   Definitions
                 a.     Weekend                         - 6 p.m. Friday – 6 p.m. Sunday (2 days)
                 b.     Extended Weekend                - School closing Fri. – school opening Mon.
                                                          (3 nights, 2 days)
                 c.     1st & 2nd; or 2nd & 4th
                            Weekends                    - Same as Two Weekends per month
                 d.     1st & 3rd, & alternating
                            5th Weekends                - Same as Alternate Weekends
                 e.     Afternoon                       - After school until evening without dinner
                                                         (1/4 day)
                 f.     Evening                         - After school – after dinner
                                                          (½ day; 1 eve./wk=26 days/year)
                 g.     Overnight                       - School close mid-week – School opening
                                                          next day (1 day)
                                                          (1 day; 1 overnight/week = 52 days/year)
                 h.     Holidays                        - New Year’s, President’s Day, Easter,
                                                        Memorial Day, Mother’s Day or Father’s
                                                        Day, July 4, Labor Day, Thanksgiving
                                                        (2 days), Christmas, (½ holidays = 5 days/
                                                        year)
                 i.     Summer                          - 10 weeks (70) days; some schools may
                                                        vary, such as those using an all year
                                                        calendar
                 j.     School Vacations                - Summer, 2 wks Christmas, 1 wk Spring,
                                                        (13 wks/year; ½ vacations = 45.5 days/year,
                                                        not counting subtraction of NCP’s ordinary
                                                        alternate weekend and mid-week visits and
(Eff. 1/01/02)                                          CP’s cross visits)
                                                   41
                              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                          FAMILY RULES
C.         TRAVEL EXPENSES FOR VISITATION
           Travel expenses the Court will usually consider in setting child support include, but are
           not limited to, air travel costs, bus or train travel costs, and automobile travel costs
           outside the Greater Bay Area, or a comparable distance.
(Eff. 1/01/98)




                                                  42
                        FAMILY RULES

                        ATTACHMENTS

ATTACHMENT FM-1000   Domestic Violence Facsimile Transmission Cover Sheet
ATTACHMENT FM-1010   Status or Case Resolution Conference Questionnaire
ATTACHMENT FM-1012   Request for Trial
ATTACHMENT FM-1013   Declaration in Support of Ex Parte Application for Orders
ATTACHMENT FM-1016   Judicial Custody Conference Statement
ATTACHMENT FM-1021   Alternative Dispute Resolution Options
ATTACHMENT FM-1022   Application for Order for Publication or Posting of Summons
ATTACHMENT FM-1023   Order for Publication or Posting of Summons
ATTACHMENT FM-1024   Verification of Service by Posting of Summons
ATTACHMENT FM-1025   Declaration for Default Custody and Visitation Orders
                     (APPROVED FOR OPTIONAL USE)
ATTACHMENT FM-1036   Stipulation re: Protective Order for Family Court Services
                     Records and Order Thereon

ATTACHMENT FM-1041   Request for Sheriff to Serve and Sheriff’s Fee Statement
ATTACHMENT FM-1047   How to Safely Turn in Firearms and Ammunition
ATTACHMENT FM-1050   Family Law Notice – Dissolution/Legal Separation

ATTACHMENT FM-1051   Declaration of Residence
ATTACHMENT FM-1052   Family Law Judgment Checklist Dissolution (Divorce), Legal
                     Separation and Domestic Partnership
ATTACHMENT FM-1053   Family Law Parentage Judgment Checklist Petition to
                     Establish Parental Relationship

ATTACHMENT FM-1056   Addendum to Judicial Council Form FL-327 – Family
                     Court Services

ATTACHMENT FM-1057   Addendum to Judicial Council Form FL-327 – Private
                     Evaluator

ATTACHMENT FM-1059   Request and Order to Change Status or Case Resolution
                     Conference Date

ATTACHMENT FM-1061   Family Court Services Declaration of Mailing or Personal
                     Service

ATTACHMENT FM-1067   Application for Payment of Attorney Fees and Costs of
                     Children’s Counsel
ATTACHMENT FM-1068   Response to Children’s Counsel’s Application for
                     Payment of Attorney Fees
ATTACHMENT FM-1078   Family Court Services Client Complaint Form

ATTACHMENT FM-1081   Initial Application for Appointment as Counsel for Minor
                     Children in Family Court Cases

ATTACHMENT FM-1082   Annual Renewal Application/Eligibility Declaration for
                     Appointment as Counsel for Minor Children in Family
                     Court Cases

ATTACHMENT FM-1083   Stipulation and Order

ATTACHMENT FM-1102   Other Orders – Property Removal

ATTACHMENT FM-1110   Expert Witness Fee Application

ATTACHMENT FM-1112   Stipulation for Court Commissioner to Act as Temporary
                     Judge for All Purposes

ATTACHMENT FM-1119   Family Law Judicial Settlement Program Stipulation and
                     Order
                                                                                           ATTACHMENT FM-1000
 AUTHORIZED FAX FILER                                                                    FOR COURT USE ONLY




                                                                                   To keep other people from
                                                                                   seeing what you entered on
                                                                                   your form, please press the
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                               Clear this Form button at the
          STREET ADDRESS:                                                          end of this form when
         MAILING ADDRESS:
                                                                                   finished.
        CITY AND ZIP CODE:
             BRANCH NAME:       Family Court

     PLAINTIFF/PETITIONER:

 DEFENDANT/RESPONDENT:

                                                                               CASE NUMBER:

    DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET                       To keep other people from seeing
                                                                               what you entered on your form,
                                                                               please press the Clear this Form
                                                                               button at the end of the form when
TO THE COURT:                                                                  finished.

Please find the following transmitted documents marked below:

         Document Name                                                                                Form No.
         Request for Order (Domestic Violence Prevention)                                             DV-100
         Child Custody, Visitation, and Support Request (Domestic Violence Prevention)                DV-105
         Temporary Restraining Order and Notice of Hearing (CLETS-TRO)                                DV-110
         Answer to Temporary Restraining Order                                                        DV-120
         Reissue Temporary Restraining Order                                                          DV-125
         Restraining Order After Hearing (CLETS-OAH) (Order of Protection)                            DV-130
         Child Custody and Visitation Order                                                           DV-140
         Proof of Service (In Person) (CLETS)                                                         DV-200
         Confidential CLETS Information                                                               DV-260
         Request to Renew Restraining Order                                                           DV-700
         Notice of Hearing to Renew Restraining Order                                                 DV-710
         Application for Waiver of Court Fees and Costs (In Forma Pauperis)                           FW-001
         Order on Application for Waiver of Court Fees and Costs (In Forma Pauperis)                  FW-003
         Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)            FL-105
         Financial Statement / Income and Expense Declaration                                         FL-155/FL-150
         Declaration in Support of Ex Parte Application for Orders                                    FM-1013
         Request for Sheriff to Serve and Sheriff’s Fee Statement                                     FM-1041
         Other:

         CHECK HERE IF RESUBMITTING DOCUMENTS
         NUMBER OF PAGES ATTACHED:



FM-1000 REV 1/01/09          DOMESTIC VIOLENCE FACSIMILE TRANSMISSION COVER SHEET                                   Page 1 of 1
                                                 (FAX FILING)
                                                                                                       ATTACHMENT FM-1010
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)                 TELEPHONE NUMBER:                FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     STREET ADDRESS:
     MAILING ADDRESS: 191 North First Street
     CITY AND ZIP CODE: San José, CA 95113
     BRANCH NAME: Family Court


 PETITIONER:

 RESPONDENT:

OTHER PARENT/CLAIMANT:

     STATUS OR CASE RESOLUTION CONFERENCE QUESTIONNAIRE                                    CASE NUMBER:
      Dissolution                     Nullity
                                                                                           DEPARTMENT NUMBER:
      Legal Separation                Domestic Partnership
      Parentage                       Other Family Law: ____________________               DATE OF CONFERENCE:

This is for a (check all that apply):
               Status Conference                                Case Resolution Conference
1.         I am the      Petitioner      Respondent          Attorney for Petitioner      Attorney for Respondent       Other

2.         Respondent         has      has not been served.

3.             Petitioner’s Preliminary         Final Declaration of Disclosure has been served.
               Respondent’s Preliminary         Final Declaration of Disclosure has been served.

4.         Check the issues on which you and the other party disagree or need orders:
             Custody/Visitation              Child Support                   Spousal Support
             Arrearages                      Property Valuation              Property Valuation Date
             Property Division               Property Characterization       Separation date
             Reimbursement                   Attorney’s Fees & Costs         Other: ____________________________

5.             Mediation and Alternate Dispute Resolution (ADR)- We are in mediation or alternate dispute resolution. A
           continuance of the Status or Case Resolution is requested in order to allow additional time to resolve this
           matter.
6.         Settlement: Have you and the other party and/or your attorneys met to discuss settlement?                Yes      No
           Agreements: Have any agreements been reached in your case?                        Yes       No
7.         Do you want a Settlement Officer Conference (SOC)?                  Yes         No
8.                Case Resolution Conference Request: This is a complex matter and a Case Resolution Conference is
           requested.
9.         Trial/Hearing Setting: Is this matter ready to be set for trial or hearing?        Yes      No
           How long will your trial or hearing take? (time estimate for both sides to be heard):___________hours / days
                                                                                                                  (circle one)
10.        Number of Expert Witnesses:______                  None Names:_________________________________________

_______________________________________________________________________________
       STATUS AND CASE RESOLUTION CONFERENCE QUESTIONNAIRE              REV. 1/01/13
                                                                                                          ATTACHMENT FM-1010
11         Is the Department of Child Support Services involved on the issue of child support?                          Yes      No
           If yes: Which county: _______________   CSE Number: __________ Court Case Number (if different from this case): ______________
Date:
                                                                      Attorney for      Petitioner      Respondent            Other

                                                          INSTRUCTIONS
1.         You or your attorney may choose to complete this Status and Case Resolution Conference
           Questionnaire. If you or the other party is requesting a trial, you or your attorney must complete this Status
           and Case Resolution Conference Questionnaire. If you are representing yourself, help is available at the Self
           Service Center and Family Law Facilitator’s Office located in the Notre Dame Courthouse, at 99 Notre Dame
           Avenue, San José, California. You may call (408) 882-2900 or visit our website at www.scselfservice.org for
           information about hours of operation and other important details.

2.         If this form is being used, you must serve and file this form with the Court no later than 10 calendar days
           before the Status or Case Resolution Conference.

           a.   Serve a copy of this form by mail at least 10 calendar days before the Status or Case Resolution
                Conference. Service by mail means that someone over the age of 18 who is not a party to the case mails a
                completed copy of this form to the other party, if self-represented, or to the other party’s attorney. The person
                serving the form must complete the Proof of Service by Mail below.
                               IMPORTANT: You cannot serve this form yourself!

           b.   File the original completed form at least 10 calendar days before the Status or Case Resolution
                Conference. Self represented litigants and those attorneys appearing in person, should bring at least 2 filed
                copies of the completed form to the Status or Case Resolution Conference.

3.         If you are representing yourself and do not have an attorney, you must appear in person or by telephone at
           the Status or Case Resolution Conference. If you appear in person, you may be able to obtain information
           concerning completing your case from the Self Help Center on the day of the Conference.

4.         If you are being represented by an attorney, your attorney can appear in person or by telephone. Please
           consult with your attorney about the need for you to be present, in person or by telephone, at the Status or Case
           Resolution Conference.

5.         To appear by telephone at the Status or Case Resolution Conference, the attorney or party appearing by
           telephone must contact CourtCall at (888) 88COURT 10 calendar days before the Status or Case Resolution
           Conference to arrange the telephonic appearance and pay the required fee.

                                      PROOF OF SERVICE BY MAIL (C.C.P. 1013a)
     I mailed a copy of the Status or Case Resolution Conference Questionnaire in a sealed envelope as follows:
           a. Mailed from: (City) __________________________, (State)_________ b. On (date):____________________________
           c. To (name and address of the person served): ___________________________________________________
                ________________________________________________________________________________________
     Server’s Information:
           Name:_____________________________________ Address:________________________________________________
           City:____________________________State:_____________________Zip:_________________
     (If you are a registered process server): County of Registration____________________
     Registration No.:___________
I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of California that the
information above is true and correct.
______________
Date                         Server signs name here                                           Server prints name here


 _______________________________________________________________________________
        STATUS AND CASE RESOLUTION CONFERENCE QUESTIONNAIRE              REV. 1/01/13
                                                                                                               ATTACHMENT FM-1012
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):               TELEPHONE NUMBER:                     FOR COURT USE ONLY



                                                                                                    To keep other people from
                                                                                                    seeing what you entered on your
 ATTORNEY FOR (Name):
                                                                                                    form, please press the Clear
                                                                                                    This Form button at the end of
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                the form when finished.
           STREET ADDRESS:
           MAILING ADDRESS:
         CITY AND ZIP CODE:
               BRANCH NAME:            Family Court

     PLAINTIFF/PETITIONER:

 DEFENDANT/RESPONDENT:

 OTHER PARENT/CLAIMANT:

                                 REQUEST FOR TRIAL                                              CASE NUMBER:
                                        (Family Law)
      Dissolution                       Nullity
                                                                                                DEPARTMENT NUMBER:
      Legal Separation                  Other Family Law: ____________________
      Parentage


1.      How long will your trial take (estimate)?                   Hours / Days (circle one)

2.      Check the issues on which you and the other party disagree or need orders:
          Child Support                     Spousal Support                 Arrearages
          Property Characterization         Property Valuation              Property Valuation Date
          Property Division                 Reimbursement                   Date Of Separation
          Attorney’s Fees & Costs           Other:

3       Discovery (getting information about/from the other party) that still needs to be done:
        Has discovery been finished?          Yes      No          Not required/requested in this case
        If no, what discovery still needs to be done?      Interrogatories      Depositions       Document Production
        How long do you think it will take both parties to finish discovery:


4       Mandatory Declarations of Disclosure (Dissolution, Legal Separation and Nullity cases only):
        Petitioner has served Respondent with      Preliminary   Final Declarations of Disclosure
        Respondent has served Petitioner with      Preliminary   Final Declarations of Disclosure
        If financial disclosures have not been exchanged/served, do you need a deadline?      Yes                          No

5       Do you want a Trial on separate issues?                 Yes         No       If yes, what issues:


6       Have you and the other party and/or your attorneys met to discuss settlement?                            Yes            No
        Do you want a Settlement Officer Conference?                    Yes         No
7       Is the Department of Child Support Services involved on the issue of child support?                          Yes        No
        If yes, which county? _____________ FSB Number: _________ Court case number (if different from this case):


Date:
                                                                              Attorney for       Petitioner          Respondent      Other


NOTE: THIS FORM SHALL NOT BE USED FOR CUSTODY OR VISITATION ISSUES OR IN DOMESTIC VIOLENCE
PREVENTION ACT CASES.

FM-1012 REV 1/1/07                                         REQUEST FOR TRIAL                                                         Page 1 of 2
                                                              (FAMILY LAW)
                                                                                              ATTACHMENT FM-1012

                                  PROOF OF SERVICE BY MAIL (C.C.P. 1013a)


I mailed a copy of the Request for Trial in a sealed envelope as follows:
       a.) Mailed from (City):                            , (State):
       b.) On (date):
       c.) To (name and address of the person served):


Server’s Information:
       Name:
       Address:
       City:                                              State:                           Zip:
(If you are a registered process server):
County of Registration:                                            Registration Number:
I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of
California that the information above is true and correct.



Date                      Server prints name here                           Server signs name here




                                                     Clear This Form




FM-1012 REV 1/1/07                                  REQUEST FOR TRIAL                                       Page 2 of 2
                                                       (FAMILY LAW)
                                                                                                        ATTACHMENT FM-1013
 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:                     TELEPHONE NUMBER:                 FOR COURT USE ONLY




  ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
           MAILING ADDRESS:          191 North First Street
 CITY, STATE AND ZIP CODE:           San Jose, CA 95113
               BRANCH NAME:          Family Court
                                                                                          CASE NUMBER:
      PLAINTIFF/PETITIONER:

  DEFENDANT/RESPONDER:

                                                                                          DEPARTMENT NUMBER:
 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS
                                                                                          FCS NUMBER:

 I, the undersigned, declare:
 1.      I am (choose one):
                (1)   attorney for Petitioner                 attorney for Respondent            attorney for child(ren)
                (2)   self-represented Petitioner             self-represented Respondent
                (3)   other (explain):
 2.      The opposing party or minor child(ren) is represented by an attorney:           Yes       No
         (If you checked “yes”, fill in the attorney’s name, address, and telephone number. If you checked “no”, fill in the
         other party’s name address, and telephone number.
         Party/Attorney name:
         Address/Telephone number:
         Child’s attorney name and address:
 3.      OTHER CASES: Have the parties to this case been involved in another Family, Probate Juvenile, or Criminal
         Court Case? Yes      No If there has been another case, fill in the case number:
 4.      NOTICE
         A.    I HAVE given notice to the opposing party and/or their attorney by the following method:
                   Personal delivery       Fax        Overnight Carrier     First Class Mail   Other:
               Date:                           Time:
               I have received confirmation that the other party has received my papers as follows: (Check one below)
                    In person/telephone (describe):
                    Confirmation of receipt.
         B.    I HAVE NOT given notice of the ex parte request for orders because (Check all that apply. You
               must explain below):
                    This is an application for Domestic Violence Prevention Act (DVPA) restraining orders.
                   Great or irreparable injury will result to me before the matter can be heard on notice.
                   It is impossible to give notice.
                   The other party agrees to the orders requested.
                   Other:
         C.        Explanation:
                      A hearing between the parties is already set I am asking that this motion be heard at the same time.
                      I am unable to serve the other party 21 days before the hearing.
                      I fear for my physical safety (and that of my children, if applicable).
                      Other:
 I declare under penalty of perjury that the forgoing is true and correct.


 Date                                       Signature of Declarant                                       Print Name


FM-1013 Rev. 01/01/10      DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS                                         Page 1 of 2
                                                                                ATTACHMENT FM-1013
                                            INSTRUCTIONS

Please refer to Superior Court of California, County of Santa Clara County Local Rule 3 5 B for
more information

This form is required in Santa Clara County, if you are asking the Judge to make immediate orders
without the other party being present for a hearing. These orders are called ex parte orders. This
form must be completed in any case where ex parte orders are requested. If you have given notice to
the other side of your case, you must state the form of notice given. Notice means providing the
other side of the case, either the attorney or a self-represented party, with copies of any papers that
you want the Judge to review and any orders that you are requesting. If you have not given notice,
you must explain why you have not given notice. There are some circumstances when notice may be
waived, such as cases involving allegations of domestic violence where the safety of a party or a child
might be at risk if notice is given. It is up to the Judge in your case to determine whether notice will
be required or not.
SECTION #1
State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties
keep the same status in the case. You do not change from the Respondent to the Petitioner by filing
a new motion in the case. If you do not have an attorney, you are considered self-represented.
SECTION #2
If the other party is represented by an attorney, you must provide the Court with the attorney’s name
and address. If the other party is not represented by an attorney, you must provide the Court with the
other party’s address.
SECTION #3
It is very important to list all other cases in which you and the other party have been involved with the
courts. This would include other Family Law, Probate, Juvenile, Restraining Order, Child Support,
Civil, or Criminal matters. If you do not have the case number, please put unknown and list the
county and the year of the filing, if possible.
SECTION #4A
Unless notice is excused by the Court, you must provide notice of this motion to the other
party before you deliver a copy to the Court. When you give such notice, specify how you did
it (by fax, courier, or personally, for example) and at what time and date. Also, please explain
how you know that the other side received copies of your papers and what response you were
given.
SECTION #4B
If you did not give notice of this application, explain why in this section. Check as many
boxes as apply. You may also write out any further explanation of your reasons for not giving
notice.

After this form is completed, attach it to your motion (or other ex parte request) and submit them to
the Court Specialist’s Office at the Family Court Facility where you are dropping off your paperwork
for review.



FM-1013 Rev. 01/01/10   DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS                 Page 2 of 2
                                                                                                    ATTACHMENT FM-1016
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (NAME AND ADDRESS):      TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
                 MAILING ADDRESS:
                  STREET ADDRESS:     191 North First Street
     CITY, STATE AND ZIP CODE:        San Jose, CA 95113
                       BRANCH NAME:   Family Court

            PLAINTIFF/PETITIONER:

        DEFENDANT/RESPONDENT:

                                                                                    CASE NUMBER:
                JUDICIAL CUSTODY CONFERENCE STATEMENT
                       (Custody / Visitation / Timeshare)                           FCS NUMBER:               APJ:


DATE:                                        TIME:                                    DEPARTMENT:

                                                               NOTICE
Prior to the date set for a Judicial Custody Conference, all parties must confer regarding any remaining custody or
visitation disputes, unless existing restraining orders prohibit such a discussion. This completed form shall be served
on the opposing party/counsel and the attorney for the minor children, if any, and mailed or delivered to the Superior
Court Clerk, 170 Park Avenue, San Jose, CA 95113 or 301 Diana Avenue, Morgan Hill, CA 95037 or 605 W. El
Camino Real, Sunnyvale, CA 94087, to be filed at least 10 calendar days before the date of the Judicial Custody
Conference.
a. Attorneys and parties representing themselves are to confer prior to completing this form. If there are restraining
     orders in place which prevent such communication and both parties are representing themselves, there is no
     requirement to confer. Each side must prepare and file a separate form.
b. Bring 2 filed copies of the completed form to the Judicial Custody Conference.
c. Please contact the Calendar Clerk immediately if the custody and visitation matters have settled, so that the
     appointment space may be filled by another case. Judicial Custody Conferences may be continued only once and
     only for good cause.
NOTE: ORDERS, INCLUDING MONETARY SANCTIONS, MAY BE ISSUED AGAINST YOU IF
YOU FAIL TO APPEAR AT A SCHEDULED JUDICIAL CUSTODY CONFERENCE.

Please answer the following questions:

1. Have all parties conferred regarding the remaining custody or visitation disputes?                  Yes           No
   If yes, how many discussions of settlement have occurred?
     If no, please explain:
2. Has the custody, visitation, or living arrangement of the children changed since mediation or the previous court
   custody order?         Yes         No
   If Yes, explain:


3. What are the specific issues or points of disagreement regarding custody or visitation that need to be addressed at
   the Judicial Custody Conference?




FM-1016 Eff. 1/01/10                  JUDICIAL CUSTODY CONFERENCE STATEMENT                                               Page 1 of 2
                                               (CUSTODY / VISITATION / TIMESHARE)
                                                                                             ATTACHMENT FM-1016

 PLAINTIFF/PETITIONER (Name):                                                         CASE NUMBER:

 DEFENDANT/RESPONDENT (Name):


4. Has either parent completed any programs, whether court ordered or otherwise, since mediation or previous court
   orders for custody? (This would include programs such as parenting classes, substance abuse treatment
   programs, domestic violence counseling, etc.) If so, please list:




5. Has any mental health professional assisted the parties or the children with the custody/visitation dispute? Please
   list the names, addresses, and telephone numbers of the professionals below and include marriage or divorce
   counseling, private mediation regarding custody, therapy, for the child, special master services. Please do not
   include individual therapy for a parent unless this was specifically ordered by the Court.




6. Please check if any of the following have occurred since the time of mediation or the previous court order:
               a.      Police intervention in the family.           Date:
               b.      Child Protective Services referral.          Date:
               c.      Screening at Family Court Services           Date:
               d.      Drug testing of either parent.               Date:
               e.      Arrests or criminal convictions.             Date:
     If any of the above have occurred, please explain further:




7. PLEASE ATTACH A DETAILED SUMMARY OF THE CURRENT SCHEDULE AND YOUR DETAILED DAY BY
   DAY PROPOSAL FOR THE CHILD(REN)’S SCHEDULE.



Dated:
                                                                  Signature of Party or Attorney for Party




                                                                  Type or Print Name of Party or Attorney




FM-1016 Rev. 1/01/10                JUDICIAL CUSTODY CONFERENCE STATEMENT                                    Page 2 of 2
                                          (CUSTODY / VISITATION / TIMESHARE)
                                                                                ATTACHMENT FM 1021


  Choices for Solving Legal Problems
       without a Court Hearing
                                       FAMILY COURT
                      Superior Court of California, County of Santa Clara


           Alternate Dispute Resolution is a CHOICE in Family Law Cases
“Alternative Dispute Resolution” (ADR) is a term used for ways you can solve problems without going
to a formal Court hearing with a Judge. Some choices are explained below. ADR can save you time
and money. With ADR you are likely to feel better about the legal process and how your case is
settled. You can often solve Family Law issues such as child custody, visitation, support, and
property division by agreement instead of by going to a Court hearing.

Except for custody and visitation mediation, ADR services are voluntary and can only be a part of your
case resolution plan if both parties choose to use these services.

All court-connected ADR providers that are a part of your case resolution plan have been trained to
assess and handle cases that may have domestic violence issues. Ask about separate sessions if
meeting separately from the other party will make you feel safer.

TYPES OF RESOLUTION PROCESSES:

Custody/Visitation Mediation – Free
California law says that if parents do not agree about custody and visitation issues, they must try to
settle the issues by going to Mediation. Mediation is a way for parents to meet with someone who
does not work for either side to try to agree about their children. Mediation can be done through the
Court at Family Court Services free or through a mediator you hire on your own. Mediation through
Family Court Services is a confidential process - the mediator will not go to a Court hearing to tell the
Judge what you or the other parent said in mediation. The mediator can help you and the other
parent talk about and decide issues such as how much time the child will spend with each parent, how
to best exchange the child, and other custody or visitation issues.

Parties must attend Orientation before Mediation if they have never been to Mediation before.
Orientation and Mediation may be scheduled by calling (408) 534-5760.

Personal Property Arbitration – Free
A volunteer attorney will decide how to divide your personal property, such as cars and furniture.
Both parties must agree to the arbitration or it must be ordered by the Court. The arbitrator writes up a
decision after each side presents his or her case. The arbitrations are held at the Family Court and
may be scheduled by calling (408) 534-5710.

Early Neutral Evaluation (ENE) - Free
A volunteer attorney will meet with parties who do not have their own attorneys. The attorney will help
them identify and understand what property issues they have and what court processes can help
them. The attorney is not either party’s attorney. This process is done by agreement only. You can
ask for an ENE at your Case Status Conference. A Case Status Conference may be scheduled by
calling (408) 534-5710.

                                       ALTERNATE DISPUTE RESOLUTION OPTIONS
                                                    (Family Law)
FM-1021 Rev.01/01/13
Superior Court of California, County of Santa Clara, Family Division
Settlement Officer Conference (SOC) - Free
The Court has a full-time Settlement Officer, whose job is to help parties settle their family law cases
free. The SOC focuses on solving property and support issues. The conference works best when
parties have given each other information in advance about their finances and how they think things
should be settled. An SOC can be set at any time after you have served the Preliminary Declarations
of Disclosure by calling (408) 534-5710.

Mediation
Mediation is a way to reach an agreement with the help of a person who is specially trained to help
resolve disagreements. The mediator can help the parties talk with each other clearly and think about
options for settlement. Mediators are usually attorneys hired by the parties but they are not the
attorney for either party. A mediator can help solve one issue or the whole case. Mediation is private
and confidential. Anything that is said or written in the mediation process by the parties is
confidential. The mediator may not talk about the case to the Court or anyone else unless the parties
agree. Agreements reached in mediation can become court orders if both parties agree.

Visit the Court website for a list of Family ADR providers:
http://www.scscourt.org/court_divisions/family/adr/family_adr_search.asp

Collaborative Law
In the collaborative law process, each party has a private attorney and each makes a commitment to
resolve any disagreements without going to court. The parties and their attorneys have a series of
private meetings to create solutions based on the needs of the parties. All parties and their attorneys
agree that if the parties cannot settle their case and/or if either party chooses to withdraw from the
process and go to court, the collaborative attorneys cannot represent these parties in court. If you are
interested in this approach, contact the Santa Clara County Bar Association ((408) 287-2557 or
www.sccba.com) and ask for names of attorneys from the Collaborative Law panel.

Visit the Court website for a list of Family ADR providers:
http://www.scscourt.org/court_divisions/family/adr/family_adr_search.asp

Arbitration and Private Judging
An arbitrator, usually an attorney hired by the parties, makes a decision after hearing information
presented by both parties. The arbitrator prepares a written decision which is sent to both parties and
the Court. The parties decide ahead of time whether the arbitration is binding or not. “Binding”
means that the arbitrator’s decision will be final. “Non-binding” means that the parties do not have to
follow the arbitrator’s decision.

Private judging, like arbitration, involves choosing a person, usually an attorney, to act as either a
settlement or trial judge or both. The decision of the private judge is filed with the Court as a Court
order. If you want to consider private judging, both sides must agree on the private judge: be sure
that you are clear on the experience and qualifications of the provider as well as the costs and
services that he or she will provide.

   The Court does not think any form of ADR or any ADR provider is better than another and
                       does not guarantee how your case will work out.




                                       ALTERNATE DISPUTE RESOLUTION OPTIONS
                                                    (Family Law)
FM-1021 Rev.01/01/13
Superior Court of California, County of Santa Clara, Family Division
                                                                                                       ATTACHMENT FM-1022
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):     TELEPHONE NUMBER:                  FOR COURT USE ONLY




 FAX NUMBER:
 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
 STREET ADDRESS:
 MAILING ADDRESS:             191 North First Street
 CITY, STATE & ZIP CODE:      San Jose, CA 95113
 BRANCH:                      Family Court

 PETITIONER:                                                                         APJ:

 RESPONDENT:                                                                         DEPT:

                                                                                     CASE NUMBER:
             APPLICATION FOR ORDER FOR PUBLICATION
                    OR POSTING OF SUMMONS



1.   Publication Request: I                               am the Petitioner in this case and request that the Court issue an
     order directing service of the Summons and Petition in the following newspaper:

     Newspaper for PUBLICATION:


              (Write in name of proposed newspaper where Respondent is most likely to receive actual notice)


2.   Posting Request: I                                                         am the Petitioner in this case and request
     that the Court issue an order directing service of the Summons and Petition at the location listed below. To
     request posting, you must file a Request to Waive Court Fees, FW-001. If the Court sets a hearing, at the hearing
     the Court may order service by Publication, if the Petitioner does not meet the Court’s financial criteria.

     Posting LOCATION:


                    Courthouse, Government Building or Law Enforcement Office for POSTING
     (Write in name, city, and state of proposed site to post where Respondent is most likely to receive actual notice)


3.   The Summons and Petition, which is for (mark one):
          Dissolution/Separation/Nullity of Marriage or Domestic Partnership (Family Law),

          Parental Relationship (Uniform Parentage), or        Petition for Custody and Support of Minor Children

     was filed on                                      (write in date forms were file stamped).




                           APPLICATION FOR PUBLICATION OR POSTING OF SUMMONS
               (FAMILY / UNIFORM PARENTAGE / PETITION FOR CUSTODY AND SUPORT OF MINOR CHILDREN)

 FM-1022 Rev. 1/01/10                                                                                                       Page 1 of 2
                                                                                                         Code of Civil Procedure § 415.50
                                                                                        Cohen v. Board of Supervisors (1971) 20 CA3d 236
                                                                                                     ATTACHMENT FM-1022
PETITIONER:                                                                     CASE NUMBER:

RESPONDENT:



4.   The Respondent cannot with reasonable diligence be served in another manner specified in Code of Civil
     Procedure sections 415.10 through 415.40 based on the declaration below.


5.   Declaration (List what you did to find Respondent and include dates and results of search):

          Continued on the attached declaration




I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Date:                                     Petitioner’s Signature:

Date:                                     Attorney’s Signature:




                           APPLICATION FOR PUBLICATION OR POSTING OF SUMMONS
               (FAMILY / UNIFORM PARENTAGE / PETITION FOR CUSTODY AND SUPORT OF MINOR CHILDREN)

 FM-1022 Rev. 1/01/10                                                                                                     Page 2 of 2
                                                                                                       Code of Civil Procedure § 415.50
                                                                                      Cohen v. Board of Supervisors (1971) 20 CA3d 236
                                                                                                       ATTACHMENT FM-1023
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):     TELEPHONE NUMBER:                  FOR COURT USE ONLY




FAX NUMBER:

ATTORNEY FOR (Name):


SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
         STREET ADDRESS:
         MAILING ADDRESS:            191 North First Street
   CITY, STATE & ZIP CODE:           San Jose, CA 95113
              BRANCH NAME:           Family Court

                                                                                   APJ:
    PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:                                                              DEPT:

                                                                                   CASE NUMBER:
              ORDER FOR PUBLICATION OR POSTING


     Publication Granted: The Court finds that the Respondent cannot be served in any other manner specified in
     the California Code of Civil Procedure. The Court orders that the Summons and Petition be served by publication
     in the newspaper listed below. Publication must occur at least once a week for four successive weeks.


     Posting Granted: The Court finds that the Respondent cannot be served in any other manner specified in the
     California Code of Civil Procedure and that the Petitioner cannot afford to serve by Publication. The Court orders
     that the Summons and Petition be served by posting at the location listed below. Posting must occur for at least
     30 days.

     Publishing Denied: The Court denies the request to publish.
        Other methods of service are possible
        Insufficient attempts to locate the Respondent.

     Posting Denied: The Court denies the request to post.
        Other methods of service are possible.
        Insufficient attempts to locate the Respondent.

     Hearing Required: The Court orders that a hearing be set to determine the Petitioner’s financial circumstances.
     If at this hearing the Court decides that the Petitioner does not qualify for Posting, based on financial
     circumstances, then the Court may order that the Summons and Petition be served by Publication.

The Petitioner should appear in Court at:
    170 Park Avenue, San Jose, CA 95113                        605 W. El Camino Real, Sunnyvale, CA 94087
     301 Diana Avenue, Morgan Hill, CA 95037
Date:                             Time:                               Dept:

If during the time of Publication or Posting you locate the Respondent’s address you must have someone 18 years or
older mail the Summons, Petition and Order for Publication to the Respondent. The server must complete and file
with the Court a Proof of Service of Mail, FL-335.

Date:
                                                                                           Judicial Officer

                               ORDER FOR PUBLICATION OR POSTING OF SUMMONS
              (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)

FM-1023 Rev. 1/01/10                                                                                                       Page 1 of 2
                                                                                                       Code of Civil Procedure §415.50
                                                                                      ATTACHMENT FM-1023
    PLAINTIFF/PETITIONER:                                                   CASE NUMBER:


DEFENDANT/RESPONDENT:



                                              INSTRUCTIONS

Publication: After publication is complete, the newspaper will send you a receipt and copy of the
publication notice that appeared in the newspaper. You must take this receipt and publication notice and
attach it to a Proof of Service Summons, Form FL-115. The Proof of Service Summons must be filed with
the Clerk’s Office at 170 Park Avenue, San Jose, CA; 301 Diana Avenue, Morgan Hill CA, 95037 or at 605
W. El Camino Real, Sunnyvale, CA. If the newspaper sends the receipt and publication notice directly to
the Court, you do not have to complete the Proof of Service Summons FL-115. Service by publication is
complete, and the 30-day response period starts to run, on the 28th day following the first day of publication
in the newspaper starts.

Posting: You must have someone 18 years or older post a copy of the Summons and Petition in the place
that is designated for posting in the above approved location. This same person must mail a copy to the
Respondent at their last known address. The person who posts and mails must complete Verification of
Posting of Summons form FM-1024, stating the date, time and location of the posting and mail service.
This form must be attached to the Proof of Service of Summons, FL-115. The Proof of Service of
Summons, Form FL-115, must be filed with the Clerk’s Office at 170 Park Avenue, San Jose, CA.; 301
Diana Avenue, Morgan Hill CA, 95037 or at 605 W. El Camino Real, Sunnyvale, CA. Service by
publication is complete, and the 30-day response period starts to run on the 31st day after posting. You
may apply to finish your case, through the default process, on the 61st day after posting starts.




                               ORDER FOR PUBLICATION OR POSTING OF SUMMONS
              (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)

FM-1023 Rev. 1/01/10                                                                                      Page 2 of 2
                                                                                      Code of Civil Procedure §415.50
                                                                                                      ATTACHMENT FM-1024
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):      TELEPHONE NUMBER:                   FOR COURT USE ONLY




FAX NUMBER:

ATTORNEY FOR (Name):


SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
          MAILING ADDRESS:            191 North First Street
         CITY AND ZIP CODE:           San Jose, CA 95113
               BRANCH NAME:           Family Court


     PLAINTIFF/PETITIONER:                                                            CASE NUMBER:

 DEFENDANT/RESPONDENT:


                                                                                      DEPT:
    VERIFICATION OF SERVICE BY POSTING SUMMONS
                                                                                      APJ:




1. I am over the age of 18 and not a party to this case. My name is                                                                         .

     My address is                                                                                                                          .
                                        (Write in street address, city and state where you live)

2. On                                      (date) from                                        (city and state), I mailed a filed
     copy of the Summons and Petition to Respondent’s last known address. I mailed the Petition and Summons to
     Respondent’s last known address at:



     3. I posted a filed copy of the Summons and Petition on the designated bulletin board at:

     (Name of location posted and address).

     for 28 days from (date of first day of posting): __________ to (date of last day of posting): __________

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:



Print Your Name Here                                                               Sign Your Name Here


Notice to Petitioner:
This verification must be attached to Proof of Service of Summons, Form FL-115, before filing.




                         VERIFICATION OF SERVICE BY POSTING OF SUMMONS
        (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN)
FM-1024 Rev. 1/01/09                                                                                                          Page 1 of 1
                                                                                                           Code of Civil Procedure 415.50
                                                                                              Cohn v. Board of Supervisors (1971) 20 CA3d
                                                                                                         ATTACHMENT FM-1025
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):           TELEPHONE NUMBER:                   FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
           STREET ADDRESS:
           MAILING ADDRESS:
          CITY AND ZIP CODE:
               BRANCH NAME:
                                                                                           CASE NUMBER:
        PLAINTIFF/PETITIONER:

     DEFENDANT/RESPONDENT:

                                                                                           DEPARTMENT NUMBER:
                  DECLARATION FOR DEFAULT CUSTODY AND
                           VISITATION ORDERS                                               FCS NUMBER:




                                          Notice to the Respondent -
                                      Please read both sides of this Form
                                       The other parent in your case (the “Petitioner”) has described
                             the custody and/or visitation order s/he is asking the Court to make in your case.
                                       If you do not agree with the order you must take legal action.
                            If you do not take legal action, the Court may order what the Petitioner requested.

                               Talk with a private attorney or visit the Court’s Self-Service Center for more
                                        information about your legal rights and the legal process.


Petitioner - You should consider using this form if:
           You are asking for a default Judgment in this case, and
           You have children with the other parent in this case, and
           You do not already have a custody and visitation Court order that will be a part of your Judgment, and
           You do not already have a Marital Settlement Agreement/Stipulated Judgment that will be a part of your
           Judgment.

IMPORTANT: This form cannot help you ask for different custody and visitation orders than what you asked
for in your Petition.

I, (your name)                                                                              , am the Petitioner in this case.

1. Check one only:
           I have attached form FL- 311 to describe the custody and visitation schedule I want OR
           Form FL-311 was attached to the Petition I filed.

2.         I am asking for the Custody orders described on form FL-311 because:




FM-1025 1/01/13
                                                                                                                    Family Law Local Rule 8.d.
Approved for optional use                    DECLARATION FOR DEFAULT CUSTODY                                               Santa Clara County

                                                   AND VISITATION ORDERS                                                        Page 1 of 2
                                                                                             ATTACHMENT FM-1025
CASE NAME:                                                                               CASE NUMBER:




3.        I am asking for the Visitation schedule described on form FL-311 because:




4. The child/ren has or have mainly lived with               Mother   Father   Other:
during the last six months.

During the last six months the other parent had the following contact with the child or children. Describe the schedule,
number of visits, length of visits:




I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:                                          Petitioner’s Name:

                                            Petitioner’s Signature:


                                             Instructions for the Petitioner
                  1. Fill out this form completely.
                  2. Make 2 copies.
                  3. File the original and copies with the Clerk’s Office at 170 Park Avenue, San José, CA
                     or 99 Notre Dame Avenue, San José, CA, or 605 W. El Camino Real, Sunnyvale, CA or
                     301 Diana Ave., Morgan Hill, CA 95037
                  4. Have someone else, NOT YOU, who is 18 years or older, mail (“serve”) a copy of
                     this form to the other party. This must be done at least 15 calendar days (if served by
                     mail or in person) before the Judgment is submitted. The person who mails this form
                     must fill out a Proof of Service by Mail (form FL-335).
                  5. You must file the Proof of Service by Mail form with the Court. Keep a file-stamped
                     copy for yourself.


FM-1025 1/01/13 approved for optional use                    DECLARATION FOR DEFAULT CUSTODY            Family Law Local Rule 8.d.
                                                                                                               Santa Clara County
                                                       AND VISITATION ORDERS                                       Page 2 of 2
                                                                                                ATTACHMENT FM-1036
                                                                                               FOR COURT USE ONLY
 SUPERIOR COURT OF CALIFORNIA
 COUNTY OF SANTA CLARA
 FAMILY COURT DIVISION
 PETITIONER/PLAINTIFF:



 RESPONDENT/DEFENDANT:



                                                                                 CASE NUMBER:

      STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
      COURT SERVICES RECORDS AND ORDER THEREON                                   FCS NUMBER:




Petitioner/Plaintiff, self-represented, or through his/her legal counsel,
and/or Respondent/Defendant, self-represented, or through his/ her legal counsel,
                                , and/or Counsel for the Minor,
stipulate to the following and request that it be made an order of this Court.

1.     The parties stipulate that the following Family Court Services records may be released:
                                                                                                                                  ;
       to:                                                                                                                        .
       Mediation notes, computerized criminal record check documents, police reports, Juvenile Court and Child
       Protective Service records, and any documents the re-disclosure of which is prohibited by Federal or State law
       and reports shall not be released.
       Parties shall make arrangements with a copying company to come to FCS to make copies and are responsible
       for the costs. Parties shall provide FCS with a copy of the filed court protective order and call in advance to
       make sure the file is available.

2.     All Family Court Services (FCS) records shall be marked Confidential by the disclosing party, and their
       contents shall be used solely in the above-entitled Family Court action for purposes of this litigation, and only
       in accordance with the terms of this Order. The Family Court Services records shall not be exhibited nor
       disclosed to other persons except as specifically provided in the order and shall not be used for any other
       purpose or disseminated in any other form without the express order of the Court after notice to the parties,
       Family Court Services and the attorney for Family Court Services.

3.     The Family Court Services records marked confidential and their contents may be exhibited and/or disclosed
       only to the parties and counsel for parties to this action, and other persons who are directly engaged in
       representing the parties as agents and/or employees of the parties or counsel for the parties, including experts
       and investigators, who shall be subject to the same terms of this Order.

4.     Nothing contained herein shall prohibit the parties or counsel for the parties or any other party to this action
       from using or referring to the Family Court Services records in motion papers or pleadings filed with the Court
       in this action or upon appeal.       However, in the event such documents should be contained within any
       pleadings, any party or FCS will have the right to move that the pleadings be sealed pursuant to court order.


FM-1036 REV 7/1/11     STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES                                   Page 1 of 2
                                     RECORDS AND ORDER THEREON
                                                                                                ATTACHMENT FM-1036
CASE NAME                                                                              CASE NUMBER




5.     Where permitted by rules of evidence, the Family Court Services records may be exhibited to witnesses during
       the court proceedings in this action; provided, however, that to the extent that the transcript of any court
       proceeding or the exhibits thereto incorporate the FCS records, that portion of the trial or pretrial transcript and
       any such exhibits may be sealed in accordance with the Court’s rules and procedures upon application
       therefore by a party or FCS.

6.     At the conclusion of this Family Court litigation, by a judgment related to custody, and when all appeal rights
       have been exhausted, the parties may retain a copy of each of the Family Court Services records.

7.     All documents obtained from any juvenile case file or from any child welfare agency (collectively “juvenile case
       file,” as defined by California Rule of Court, Rule 5.552) must be treated as confidential by all parties and
       attorneys pursuant to Welfare and Institutional Code 827, 827.10, and Rule 5.552. Any party who seeks to file
       with the Family Court any juvenile case file document or record must first present a request to file such
       documents under seal pursuant to California Rules of Court, Rules 2.550 and 2.551.

8.     Family Court Services may not release any documents originally contained in any juvenile case files. Such
       records must be obtained from the child welfare agency or the Juvenile Dependency Court, pursuant to
       Welfare and Institutions Code sections 827 or 827.10. Such records may not be disclosed to unauthorized
       persons by the parties or counsel to this stipulation without a court order by the Juvenile Dependency Court. A
       petition for disclosure under section 827 must be filed with the supervising judge of the Juvenile Dependency
       Court at 115 Terraine Street, San José, CA 95113, Dept 67.

9.     If there is any unauthorized disclosure of any Family Court Services records or juvenile case file information
       subject to this Order by any person, said person shall be subject to sanctions and contempt for violation of this
       Order.

Dated:
                                                            Respondent/Defendant

Dated:
                                                            Attorney for Respondent/Defendant

Dated:
                                                            Petitioner/Plaintiff

Dated:
                                                            Attorney for Petitioner/Plaintiff

Dated:
                                                            Attorney for Minor(s)

                                                         ORDER
IT IS SO ORDERED.


Dated:
                                                            Judicial Officer of the Superior Court

FM-1036 REV 7/1/11     STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES                                 Page 2 of 2
                                     RECORDS AND ORDER THEREON
                                                                              ATTACHMENT FM-1041
Protected Person’s Name:                                               Case Number:




                  Request for Sheriff to Serve and Sheriff’s Fee Statement

I WANT THE SHERIFF TO SERVE THE ATTACHED LEGAL FORMS WITHIN SANTA
CLARA COUNTY AT NO COST TO ME.

To the Sheriff: Serve the attached legal forms on the Restrained Party in this case. Send a
copy of the Proof of Service or any other documents to:

     the Protected Party’s Attorney

     the Protected Party at the address listed on the Confidential CLETS Information
     Form [DV-260]


Today’s Date:
                                                             Sign your name here




                            Protected Person/Protected Person’s Attorney –
                                 Do not fill out anything below this line


   INFORMATION BELOW IS TO BE COMPLETED BY SHERIFF’S OFFICE PERSONNEL ONLY


Service of the order was made or attempted on (date):


Fee for Service:        $

Type or Print Name of                                    Signature of Sheriff’s Office Representative
Sheriff’s Office Representative




Title of Agency




______________________________________________________________________________
FM-1041 REV 7/1/08      REQUEST FOR SHERIFF TO SERVE AND                Page 1 of 1
                            SHERIFF’S FEE STATEMENT
                                                                                ATTACHMENT FM-1047
                              SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                       How to Safely Turn In Firearms and Ammunition

Important! You must call BEFORE you bring firearms or ammunition to a law enforcement agency. You
have 24 hours from the time you received the restraining order or protective order to call. Follow the
steps below.

1        Call the Santa Clara County Sheriff’s            Here are the non-emergency phone numbers.
         Department or the Police Department              Campbell Police Dept      (408) 866-2101, 866-2102
         where you live. Tell them you have a             Gilroy Police Dept.                   (408) 846-0300
         restraining or criminal protective order and     Los Altos Police Dept.                (650) 947-2779
         you need to turn in your firearm(s) and          Los Gatos/Monte Sereno Police Dept.(408) 354-8600
         ammunition.                                      Milpitas Police Dept.                 (408) 586-2400
                                                          Morgan Hill Police Dept.              (408) 779-2101
2        The law enforcement agency will explain          Mountain View Police Dept.            (650) 903-6344
         where and how to turn in your firearm(s)
                                                          Palo Alto Police Dept.                (650) 329-2406
         and ammunition. Some agencies ask you
                                                          San Jose Police Dept.          311 or (408) 277-8900
         to make two trips: one for the firearm(s)
                                                          San Jose State Univ. Police Dept.     (408) 924-2185
         and one for the ammunition. Follow their
         instructions carefully.                          Santa Clara County Sheriff’s Office (408) 808-4400
                                                          Santa Clara Police Dept.              (408) 615-4700
3        Law enforcement may ask for:                     Stanford Univ. Dept. of Public Safety (650) 723-9633
         • a description of you and your car,             Sunnyvale Dept. of Public Safety      (408) 730-7110
         • your ID, and
         • your court order.                                                  Do not call 911.
                                                                      Call your local police department
                                                                         or the Santa Clara County
Follow these Safety Instructions:                                              Sheriff’s Office.
•   Your firearm(s) must be unloaded.
•   Place the firearm in your trunk, and lock your trunk. If you do not have a trunk, lock your firearm in a
    container and put it in the back of your vehicle out of arm’s reach. Do NOT put it in your glove
    compartment! (PC § 12026.1(a))
•   Drive straight to the law enforcement agency. Do not stop anywhere else.
•   Park your car where the agency told you to park.
•   Call the agency when you get there. They will tell you what to do. If you do not have a cell phone,
    leave the firearm in your car and go inside and ask for instructions.

If you want to have your firearms and ammunition destroyed:
Follow the safety instructions above. The agency will also ask you to sign a paper that gives them
permission to destroy your firearm(s) and ammunition.

If your firearms are antiques or collector’s items:
When you turn in your firearm(s), tell the agency how they should be stored. Some agencies may not be
able to follow your storage instructions.

You have 24 hours to turn in (or sell) your firearms and ammunition.
If the court ordered you to “relinquish” your firearms and ammunition, you have only 24 hours to do so.
If you decide to sell them, you must sell them to a federally licensed gun dealer. Look in the Yellow
Pages or online under “Firearms Dealers.” Be sure that the firearm dealer is federally licensed.


FM-1047 Rev. 1/01/08   HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION                        Page 1 of 2
                                                                                           ATTACHMENT FM-1047

     Questions About Safely Turning In Firearms and Ammunition
                             This information will answer your questions about turning in firearms.
                       If you have other questions, call your local police department. (See other side.)

  What is a firearm?                                                 How long will law enforcement keep my
  Firearms include:                                                  firearms and ammunition?
  • handguns and pistols,                                            Usually they keep the firearms and ammunition
  • rifles and shotguns,                                             until your restraining or protective order ends. If
  • black powder firearms and muzzle-loading                         they cannot keep them for the whole period, they
      firearms,                                                      will let you know in writing so you can make other
  • assault weapons, and                                             arrangements.
  •   any weapon that sends a projectile through a
      barrel and the weapon’s frame or receiver.                     Do I have to pay law enforcement to keep my
                                                                     firearms and ammunition?
  How do I turn in my firearms and ammunition?                       Maybe. Each agency has its own policy. They will
  You have 2 options:                                                tell you about any fees when you turn them in.
  • You can call your local police department or the                 They will also let you know in writing if their fees
     Santa Clara County Sheriff’s Office and ask                     change.
     for instructions, or
  • You can sell them to a federally licensed gun                    Can a law enforcement officer take my
     dealer. Look in the Yellow Pages or online                      firearms and ammunition from me?
     under “Firearms Dealers.”                                       Yes. If you are involved in domestic violence, the
                                                                     officer can take away your firearms and
  How long do I have to turn in my firearms and                      ammunition. (Calif. Family Code, § 6389(c)(2))
  ammunition?
  If the court ordered you to “relinquish” your                      Can I get my firearms back from law
  firearms and ammunition, you only have 24                          enforcement after the court order ends?
  hours from the time that you received the                          Yes, if you are legally allowed to have a firearm.
  restraining order or criminal protective order.                    Fill out a Law Enforcement Gun Release (LEGR)
                                                                     Application and send it to the California
  What if I was ordered to turn in firearms and                      Department of Justice. You can get the
  ammunition on a weekend, can I get more                            application at: http://ag.ca.gov/firearms/forms.
  than 24 hours?                                                     You will also have to pay a fee ($20 for the first
  No. You only have 24 hours. Law enforcement is                     firearm and $3 for each additional firearm).
  available 24/7. See other side for instructions.
                                                                     The Department of Justice will send you a notice
  Can I turn in my firearms and ammunition                           within 4-6 weeks to tell you if you are eligible to
  now, and sell them later?                                          possess a weapon again. If you are eligible, take
  Yes. You can have one sale of the firearms and                     that notice to the law enforcement agency where
  ammunition. You must use a federally licensed                      your firearm(s) and ammunition are stored within
  gun dealer for the sale. The gun dealer will give                  30 days of the date on the notice. If you wait more
  the law enforcement agency a bill of sale for the                  than 30 days, you will have to submit another
  firearms and/or ammunition. If the paperwork is                    application.
  correct, the law enforcement agency will turn over
  the guns and/or ammunition to the gun dealer.                      Where can I get more information?
                                                                     You can:
  What happens if my firearms have not been                          • Call your local law enforcement agency, or
  registered?                                                        • Read the law (Calif. Penal Code §§ 12001
  It depends. Not all firearms have to be registered.                   and 6389).
  But, if you did not register a weapon that had to                  • Contact an attorney.
  be registered, you may have committed a crime.
  Talk to a lawyer as soon as possible.




FM-1047 Rev. 1/01/08    HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION                                      Page 2 of 2
                                                                                          ATTACHMENT FM-1050
    SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                   FOR COURT USE ONLY

           STREET ADDRESS:
          MAILING ADDRESS:    191 North First Street
         CITY AND ZIP CODE:   San José, CA 95113
              BRANCH NAME:    Family Court

      PETITIONER:



     RESPONDENT:


                                                                                 CASE NUMBER:
                        FAMILY LAW NOTICE
           Dissolution /Legal Separation/Nullity/Parentage

                                  PLEASE READ THIS ENTIRE FORM

     A Status Conference is scheduled on Date:                          Time:               Dept.
     Your case has been assigned to the Family Courthouse at:
          NORTH COUNTY (605 West El Camino Real, Sunnyvale, CA 94087)
          CENTRAL COUNTY (170 Park Avenue, San José, CA 95113)
          SOUTH COUNTY (301 Diana Avenue, Morgan Hill, CA 95037)
     To Judge:                                         in Department:                       for all purposes.

TO THE PETITIONER (the person who started the case): You must serve a copy of this notice on the other party.
YOU CANNOT SERVE THE OTHER PARTY YOURSELF.

TO THE RESPONDENT (the person who did not start the case): If you would like to protect your rights and
participate in this case, you must file a response with the Court within 30 days of being served. The Status
Conference date above DOES NOT increase the time you have to respond to the Petition.

RULES FOR THE STATUS CONFERENCE:
•    You or your attorney must go to the Status Conference date (above) unless your case has been dismissed or a
     judgment that settles all issues has been entered before the Conference date. If you or your attorney do not
     go, the Court may order you to pay money or may consider dismissing your case.
•    You must follow the California Rules of Court, the Superior Court of California, County of Santa Clara Local
     Family Law Rules and you must use the correct forms. You can access the California Rules of Court at
     www.courts.ca.gov/rules.htm and the Local Family Law Rules at www.scscourt.org. There is specific information
     about Status Conferences in Local Family Law Rule 6(B).
•    If you would like to schedule a Status Conference on an earlier date than set above, you may contact the Family
     Court Clerk’s Office at (408) 534-5600 or visit them in person at one of the three courthouses listed above
     during regular Court business hours.

                A final Judgment will NOT be entered in your case automatically. You
                             must take further action to finish your case!

IF YOU NEED HELP:
•    Please visit the Self Help section on the Court’s website at www.scscourt.org
•    For a low cost consultation with a private attorney contact the Santa Clara County Bar Association at (408) 971-
     6822 (or www.sccba.com).
•    You can also visit the Court’s Self Help Center located inside the Notre Dame Courthouse, 99 Notre Dame
     Avenue, San José, CA 95113, (408) 882-2900 (press option 7) Monday through Thursday, during regular Court
     hours. Help is provided on a first come, first served basis.

FM-1050 REV 1/01/13                         FAMILY LAW NOTICE                                                  Page 1 of 1
                                DISSOLUTION/LEGAL SEPARATION/NULLITY/PARENTAGE
                                                                                                            ATTACHMENT FM-1051
 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):       TELEPHONE NUMBER:                      FOR COURT USE ONLY




 ATTORNEY FOR (Name):


 SUPERIOR COURT OF CALIFORNIA
 COUNTY OF SANTA CLARA
 FAMILY DIVISION
                                                                                             CASE NUMBER:
                         DECLARATION OF RESIDENCE
                      (For Family Law and Parentage Actions Only)

This declaration must be filed with all new family law actions (including, but not limited to, dissolution, legal separation
and nullity), and all new actions started under the Uniform Parentage Act (UPA) (including UPA actions filed
simultaneously with a Domestic Violence Prevention Act case). Cases assigned to the Domestic Violence
Department (Domestic Violence Prevention Act that are not filed simultaneously with a UPA action, and those filed by
Department of Child Support Services (DCSS) are exempt from this requirement.)

I am the Petitioner in this case and declare under penalty of perjury that (check one of the boxes labeled 1, 2 or 3):
1.        I live in Santa Clara County, and my residence is currently located in the zip code area checked below.
     OR
          I do not live in Santa Clara County, but the Respondent lives in the County and his or her residence is currently
          located in the zip code area listed below.
     If either box is checked above, please check the applicable county area and zip code below.
              Central County –Courthouse located at 170 Park Avenue, San José, CA 95113

             95030        95033       95042        95101     95110    95111          95112      95113       95115   95116    95117
             95118        95120       95121        95122     95123    95124          95125      95126       95127   95130    95131
             95132        95133       95134        95135     95136    95138          95139      95140       95148   95192    95193

              North County – Courthouse located at 605 W. El Camino Real, Sunnyvale, CA 94087

             94022        94024       94035        94040     94041    94043          94063      94085       94086   94087    94089
             94301        94303       94304        94305     94306    95002          95008      95014       95032   95035    95050
             95051        95053       95054        95070     95128    95129          95134

              South County – Courthouse located at 301 Diana Avenue, Morgan Hill, CA 95037

             95013        95020       95021        95037     95038    95046          95119      95141
OR
2.        Neither I nor Respondent currently resides in Santa Clara County.
OR
3.        I have registered my address as confidential with the Secretary of State’s “Safe At Home” program and
          decline to provide the zip code for my residence.


Date:
                                                                 Signature of Petitioner



FM-1051 REV 7/01/10                                DECLARATION OF RESIDENCE                                                  Page 1 of 1
                                            (For Family Law and Parentage Actions Only)
                                                                                           ATTACHMENT FM-1052
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                        FOR COURT USE ONLY

         STREET ADDRESS:
         MAILING ADDRESS:
        CITY AND ZIP CODE:
            BRANCH NAME:

     PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                               CASE NUMBER:
              FAMILY LAW JUDGMENT CHECKLIST
        DISSOLUTION (DIVORCE), LEGAL SEPARATION AND
                  DOMESTIC PARTNERSHIP


     Attorney/Mediator             Self-Represented Party


                                                   INSTRUCTIONS:
Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case.
There are four types of cases:

1.   True Default - no Response filed, no written agreement
2.   Status only Judgment - termination of marriage is the only issue
3.   Default case with written agreement - no Response filed
4.   Uncontested - appearance by both parties and a written agreement.

Check the box below for your type of case (one of the four listed above). Then complete all the items in that
checklist. You only need to complete the checklist for your case type. All items must be completed either by
checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable.
Submit an additional copy of page 1 of the Judgment.

So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough
and has enough postage. If you do not want your forms mailed, give us other instructions.


     TRUE DEFAULT CASE (no response filed and NO WRITTEN AGREEMENT between the parties)

1.      Proof of Service of Summons [FL-115] (check one of the following):
             Personal Service [FL-115]
             Notice and Acknowledgment of Receipt attached [FL-117]
             Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
             Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
             Income and Expense Declaration [FL-150]
             (if you are requesting spousal support or attorney fees/costs)
             Financial Statement (simplified) [FL-155]
             (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
             qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
             you do not qualify, you must complete an Income and Expense Declaration)
             Property Declaration [FL-160]
             (if you have requested any property in your petition)

FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                              Page 1 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                           ATTACHMENT FM-1052

3.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

4.       Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141] (submit
         endorsed-filed copy if previously filed)

5        Declaration Regarding Service of Petitioner’s (Final) Declaration of Disclosure or Waiver of Final
         Declaration of Disclosure [FL-141]

6.       Judgment [FL-180]
         (You must request that spousal support be ordered, terminated or reserved for both parties)
         If you are requesting property division include Property Order Attachment [FL-345]

7. If you are requesting spousal support orders. the marriage/partnership is over 10 years in duration, or
   termination of spousal/ partner support for the respondent is requested, include:

           Spousal or Partnership Support Declaration Attachment (form Fl-157);
            Current Income & Expense Declaration (form FL-150)
           Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written
      order (attach to Judgment)

8. If there are minor children in the case attach a:
         Child Custody and Visitation Attachment [FL-341]
         Child Support Order Attachment [FL-342]
         Guideline Child Support Calculation (Judicial Council approved software)
         Non-Guideline Child Support Findings Attachment [FL-342(A)]
         Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
         Child Support Case Registry Form [FL-191]
         Order/Notice to Withhold Income [FL-195]

9.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

10.      Other (identify any optional forms included): ___________________________________________
      ____________________________________________________________________________________

      STATUS ONLY JUDGMENT (Termination of marriage is the only issue addressed)

1.       Proof of Service of Summons [FL-115] (check one of the following):
              Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
              Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
              Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
              Income and Expense Declaration [FL-150]
              (If you are requesting spousal support or attorney fees/costs)
              Financial Statement (simplified) [FL-155]
              (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
              qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
              you do not qualify, you must complete an Income Expense Declaration)



FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                            Page 2 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                           ATTACHMENT FM-1052
              Property Declaration [FL-160]
              (If you have requested any property in your Petition)

3.       Appearance, Stipulation, and Waivers [FL-130] (if Response was filed)

4.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

5.       Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclosure [FL-141]
         Also need Respondent’s Declaration if a Response was filed.
6.       Stipulation and/or Order for Bifurcation (pleading form)
7.       Judgment [FL-180], with the Bifurcation of Status of Marriage or Domestic Partnership [FL-347] attached
8.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)
9.       If either party has a retirement plan (if you do not check this box, you are certifying that neither party has
         a retirement plan)
              All retirement plans must be joined to the proceeding pursuant to Family Code §2337(d)(1), AND
              The Status-Only Judgment includes an order disposing of each party’s interest in retirement plans
              benefits, including survivor or death benefits, OR
              The Status-Only Judgment includes an interim order [on FL-347] preserving the nonemployee party’s
              right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on
              all remaining issues, OR
              The Status-Only Judgment includes the Pension Benefits – Attachment to Judgment [FL-348]

     DEFAULT CASE WITH WRITTEN AGREEMENT (no response filed)

1.       Proof of Service of Summons [FL-115] (check one of the following):
              Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
              Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
              Other (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
              Income and Expense Declaration [FL-150]
              (if you are requesting spousal support or attorney fees/costs)
              Financial Statement (simplified) [FL-155]
              (if you have a minor child, you are not requesting spousal support or attorney fees/costs, and you
              qualify for this form according to the instructions on page 2 of the form; if you have a minor child and
              you do not qualify, you must complete an Income Expense Declaration)
              Property Declaration [FL-160]
              (if you have requested any property in your petition)
              Written Agreement

3.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]

4.       Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
         [FL-141]

5.       Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]
         or Waiver of Final Declaration of Disclosure [FL-144]

6.       Judgment [FL-180] with written agreement
         (must address issues regarding spousal support and property division)

FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                              Page 3 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                            ATTACHMENT FM-1052
              Signature(s) are notarized for self-represented parties
              Attorney has signed and approved Judgment for represented party
6a. If there are minor children:
              Child Support - State whether child support is at guideline amount or not and include language
              required in Family Code §4065
              If below guideline, attach guideline support calculation (Judicial Council approved software)
              Medical insurance and uninsured health care costs addressed
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

7.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

     UNCONTESTED CASE (Response or Appearance, Stipulation and Waivers filed by Respondent and a
     written agreement)

1.       Appearance, Stipulations, and Waivers [FL-130] (along with Respondent’s first appearance fee if not
         already paid)
2.       Declaration for Default or Uncontested Dissolution/Legal Separation [FL-170]
3.       Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure
         [FL-141]

4.       Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]
         or Waiver of Final Declaration of Disclosure [FL-144]

5.       Judgment [FL-180] with written agreement
         (Spousal support and property division issues are addressed)
              Signature(s) are notarized for self-represented parties
              Attorney has signed and approved Judgment for represented party
5a. If there are minor children:
              Child custody/visitation and Family Code §3048 issues are addressed
              Child Support - State whether child support is at guideline amount or not and include language
              required in Family Code §4065
              If below guideline, attach guideline support calculation (Judicial Council approved software)
              Medical insurance and uninsured health care costs addressed
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

6.       Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

I certify that all of the information indicated in this checklist has been provided to the court.

Date:
                                                             Submitting party’s signature




FM-1052 REV 1/01/13                  FAMILY LAW JUDGMENT CHECKLIST                                            Page 4 of 4
                       Dissolution (Divorce), Legal Separation and Domestic Partnership
                                                                                             ATTACHMENT FM-1053
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                            FOR COURT USE ONLY

         STREET ADDRESS:
         MAILING ADDRESS:        191 North First Street
        CITY AND ZIP CODE:       San José, CA 95113
             BRANCH NAME:        Family Court

     PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                                    CASE NUMBER:
            FAMILY LAW PARENTAGE JUDGMENT CHECKLIST
           PETITION TO ESTABLISH PARENTAL RELATIONSHIP


     Attorney/Mediator              Self-Represented Party


                                                          INSTRUCTIONS:
Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case.
There are four types of cases:

1. True Default - no Response filed, no written agreement
2. Default case with written agreement - no Response filed
3. Uncontested - appearance by both parties and a written agreement.

Check the box below for your type of case (one of the three listed above). Then complete all the items in that
checklist. You only need to complete the checklist for your case type. All items must be completed either by
checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable.

So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough
and has enough postage. If you do not want your forms mailed, give us other instructions.


     TRUE DEFAULT CASE (no Response filed and NO WRITTEN AGREEMENT between the parties)

1.       Proof of Service of Summons [FL-115] (check one of the following):
             Personal Service [FL-115]
              Notice and Acknowledgment of Receipt attached [FL-117]
             Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
             Other, (please describe)

2.       Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
             Income and Expense Declaration [FL-150]
             (if you are requesting attorney fee/costs)
              Financial Statement (simplified) [FL-155]
              (if you are not requesting attorney fees/costs, and you qualify for this form according to the instructions
              on page 2 of the form; if you do not qualify, you must complete an Income and Expense Declaration)

3.       Declaration for Default or Uncontested Judgment [FL-230]

4.       Advisement and Waiver of Rights Regarding Parentage [FL-235]



FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                                   Page 1 of 3
                                  Petition to Establish Parental Relationship
                                                                                             ATTACHMENT FM-1053
5.       Judgment [FL-250]
              Child Custody and Visitation Attachment [FL-341]
              Child Support order Attachment [FL-342]
              Guideline child support calculation (Judicial Council approved software)
              Non-Guideline Child Support Findings attachment [FL-342(A)]
              Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
              Child Support Case Registry Form [FL-191]
              Order/Notice to Withhold Income [FL-195]

6.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

7..      Other (identify any optional forms included):________________________________________

___________________________________________________________________________________-

      DEFAULT CASE WITH WRITTEN AGREEMENT (no Response filed)

1.        Proof of Service of Summons [FL-115] (check one of the following):
          Personal Service [FL-115]
          Notice and Acknowledgment of Receipt attached [FL-117]
          Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]
          Other (please describe)

2.        Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid
               Income and Expense Declaration [FL-150]
               (If you are requesting attorney fees/costs)
               Financial Statement (simplified) [FL-155]
               (if you have a minor child, you are not requesting attorney fees/costs, and you qualify for this form
               according to the instructions on page 2 of the form; if you have a minor child and you do not qualify,
               you must complete an Income and Expense Declaration)
               Or Written Agreement

3.        Declaration for Default or Uncontested Judgment [FL-230]

4.        Advisement and Waiver of Rights Regarding Parentage [FL-235] (from both parties)

5.        Stipulation for Entry of Judgment Regarding Establishing Parental Relationship [FL-240]

6.        Judgment [FL-250] with written agreement
               Child custody/visitation and Family Code §3048 issues addressed
               Child Support – State whether child support is at guideline amount or not and include language
               required in Family Code §4065
               If below guideline, attach guideline support calculation (Judicial Council approved software)
               Medical insurance and uninsured health care costs addressed
               Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
               Child Support Case Registry Form [FL-191]
               Order/Notice to Withhold Income [FL-195]
               Signature(s) are notarized for self-represented parties

FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                              Page 2 of 3
                                  Petition to Establish Parental Relationship
                                                                                              ATTACHMENT FM-1053
               Attorney has signed and approved Judgment for represented party

7.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

     UNCONTESTED CASE
     (Appearance by both parties and written agreement)

1.        Appearance, Stipulations, and Waivers [FL-130] (along with Respondent’s first appearance fee if not
          already paid)

2.        Declaration for Default or Uncontested Judgment [FL-230]

3.        Advisement and Waiver of Rights Regarding Parentage [FL-235] (from both parties)

4.        Stipulation for Entry of Judgment Regarding Establishing Parental Relationship [FL-240]

5.        Judgment [FL-250] with written agreement
               Child custody/visitation and Family Code §3048 issues are addressed
               Child Support - State whether child support is at guideline amount or not and include language
               required in Family Code §4065
               If below guideline, attach guideline support calculation (Judicial Council approved software)
               Medical insurance and uninsured health care costs addressed
               Notice of Rights and Responsibilities/Information Sheet on Changing a Child Support Order [FL-192]
               Child Support Case Registry Form [FL-191]
               Order/Notice to Withhold Income [FL-195]
               Signature(s) are notarized for self-represented parties
               Attorney has signed and approved Judgment for represented party

6.        Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)


I certify that all of the information indicated in this checklist has been provided to the court.



Date:
                                                             Submitting party’s signature




FM-1053 REV. 1/01/13      FAMILY LAW PARENTAGE JUDGMENT CHECKLIST                                              Page 3 of 3
                                  Petition to Establish Parental Relationship
                                                                  ATTACHMENT FM-1056
             ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                    CASE NUMBER:
            ORDER APPOINTING CHILD CUSTODY EVALUATOR                                DEPARTMENT NUMBER:
                       (Family Court Services)                                      FCS NUMBER:



THIS IS A COURT ORDER FOR A CHILD CUSTODY/VISITATION EVALUATION.

1.     EVALUATION RECOMMENDATIONS:
       The recommendations resulting from the evaluation shall address the issues checked below:
       a.        Legal Custody, may include division of authority for decision making
       b.        Physical Custody
       c.        Visitation
       d.        Whether visitation shall be supervised, and, if so, by what type of program and for how long
       e.        Exchange provisions designed to protect the child from exposure to extreme conflict or domestic
                 violence, and to protect the safety of all of the parties
       f.        Move-away issues
       g.        Whether either party shall be required to attend counseling, rehabilitation, parenting or co-parenting
                 programs, substance abuse counseling, domestic violence programs, and, if so, which programs, and
                 for how long
       h.        Whether it is in the following child’s best interests to address the Court under California Rule of
                 Court Rule 5.250(C)(3) A - E: (Name(s)):
       i.        What are the preferences, if any, of the child regarding custody or visitation: (Name(s)):

       j.        Other:

       k.        Other recommendations related to any of the above issues necessary for clarification or implementation
                 of the recommended order, or otherwise required to address the health, safety, welfare, and best
                 interests of the child.
2.     OTHER ORDERS: Both parties shall comply with the ADDITIONAL ORDERS below and on page 2 attached.



IT IS SO ORDERED:


                                                            DATE OF FIRST EVALUATION APPOINTMENT
 You are obligated to notify the Family
 Court Services, Calendar Office at 408-
 534-5710, to vacate the Custody
 Settlement Conference, if you settle.
                                                            DATE/TIME OF CUSTODY SETTLEMENT CONFERENCE
                                                             (90 – 100 Days from the date of first evaluation appointment)




DATE:
                                                            JUDICIAL OFFICER



NOTES/COMMENTS:




FM-1056 REV 7/01/12                     ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                         Page 1 of 3
                                               FAMILY COURT SERVICES
                                                                       ATTACHMENT FM-1056
                  ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                        CASE NUMBER:
                 ORDER APPOINTING CHILD CUSTODY EVALUATOR                               DEPARTMENT NUMBER:
                            (Family Court Services)
                                                                                        FCS NUMBER:


     ADDITIONAL ORDERS

     4.     APPOINTMENTS AND DOCUMENTATION
            a.    If an appointment is not made upon the issuance of this Order, each party shall contact Family Court
                  Services (FCS) no later than five court days from the filing of this order to schedule an appointment. Fee
                  deposits or the documentation required for requesting modification of FCS fees must be
                  submitted to FCS within five court days from the filing of this court order. When requests for
                  modification of FCS fees have been submitted, fee deposits required by the subsequent Order on
                  Application for Modification of Court Fees Re Custody or Visitation Investigation shall be paid as
                  set forth in the Order. The parties shall appear at Family Court Services for all appointments set for them
                  by the evaluator. Attorneys are required to attend the first appointment with the Evaluator. The
                  parents shall insure that the children appear at all appointment times set for the children by the evaluator.
                  The attorneys for the parties shall attend any additional appointments that are set for them by the
                  evaluator.
            b.    Upon request, the parties shall provide the evaluator with the names, addresses, and telephone numbers
                  for all individuals involved with the care, day care, medical, dental, or mental health treatment, and
                  education of the children.
            c.    Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner.
                  Any documents provided by a party or counsel to the FCS evaluator shall be provided, in accordance with
                  the local rules, to the other party and counsel at the same time and in the same manner.
            d.    If either party or FCS contends that a party is unduly delaying the evaluation process, a party or FCS may
                  place the matter on the next Case Management Conference calendar for review.
            e.    The parties shall be charged for any custody/visitation evaluation services, consistent with their
                  ability to pay.
5.          EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
            a.    The evaluator shall adhere to the requirements of California Rules of Court Rule 5.220, court-ordered child
                  custody evaluations, Rule 5.225, education, experience, and training standards for court-appointed child
                  custody investigators and evaluators, Rule 5.230, domestic violence training for court-appointed child
                  custody investigators and evaluators, and Rule 2 of the Superior Court of California, County of Santa
                  Clara Local Family Rules.
            b.    The evaluator shall have the authority to conduct home visits at his/her discretion.
            c.    The evaluator shall, at her/his discretion, have access to the children’s medical, dental, mental health, and
                  other health care records, school and educational records, and the right to interview school personnel,
                  caretakers, health care providers, mental health professionals, and others who have assessed the
                  children or provided care to the children. Each party shall sign releases for such information as requested
                  by the evaluator.
            d.    The evaluator shall have access to any and all reports, test results, and other documents relating to the
                  children from third parties, for example, but not limited to: mental health professionals, school personnel,
                  Child Protective Services workers, medical and dental care providers, and day care providers. Each
                  party shall sign releases for such information as requested by the evaluator. In the event that either party
                  fails or refuses to sign releases required by the evaluator, the issue shall be set on the Law and Motion
                  calendar of the All Purpose Judge for a hearing on the appropriateness of the refusal and for issuance of
                  applicable orders regarding the records requested.
            e.    The evaluator shall have the authority to contact any previously court appointed custody/visitation
                  evaluator or assessor who shall have the authority to release case related information to the evaluator


     FM-1056 REV 7/01/12                   ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                     Page 2 of 3
                                                   FAMILY COURT SERVICES
                                                                  ATTACHMENT FM-1056
             ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – FAMILY COURT SERVICES
                                                                                 CASE NUMBER:
            ORDER APPOINTING CHILD CUSTODY EVALUATOR                             DEPARTMENT NUMBER:
                       (Family Court Services)
                                                                                 FCS NUMBER:



             appointed by this order. Contact with any previously appointed Special Master shall be as specified by
             court order only.
       f.    All information obtained as described above shall be used solely for the purpose of conducting the
             evaluation.
       g.    The evaluator shall complete and distribute the evaluation recommendations, and evaluation
             report consistent with the procedures described in Rule 2 of the Superior Court of California,
             County of Santa Clara Local Family Rules no later than 60 days following the date of the first
             scheduled evaluation appointment, unless extended by the Court.
       h.    In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code
             § 3118, the Court has determined that there is a serious allegation of child sexual abuse as defined in
             § 3118. The evaluator appointed herein shall fully comply with all applicable requirements of §3118. Any
             evaluator appointed under §3118 shall have access to all Juvenile Court records pertaining to the child
             who is the subject of the evaluation. Any Juvenile Court records or information gained from those records
             shall remain confidential and shall only be released as specified in Family Code § 3111. The evaluation
             shall be suspended if a petition is filed to declare the child a dependent child of the Juvenile Court
             pursuant to Welfare & Institutions Code § 300, and all information gathered by the evaluator shall be made
             available to the Juvenile Court.




FM-1056 REV 7/01/12                  ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                   Page 3 of 3
                                             FAMILY COURT SERVICES
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                      CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                                  DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                      FCS NUMBER:

The following Orders are stipulated to by and between the parties and their respective counsel:
Counsel for the Petitioner:                                           Counsel for the Respondent:

THIS IS A COURT ORDER FOR A CHILD CUSTODY/VISITATION EVALUATION.

1.   a. EVALUATION RECOMMENDATIONS:
        The recommendations resulting from the evaluation shall address the issues checked below:
        (1)        Legal Custody, may include division of authority for decision making
        (2)        Physical Custody
        (3)        Visitation
        (4)        Whether visitation shall be supervised, and, if so, by what type of program and for how long
        (5)        Exchange provisions designed to protect the child from exposure to extreme conflict or domestic
                   violence, and to protect the safety of all of the parties
        (6)        Move-away issues
        (7)        Whether either party shall be required to attend counseling, rehabilitation, parenting or co-parenting
                   programs, substance abuse counseling, domestic violence programs, and, if so, which programs, and
                   for how long
        (8)        Other:


        (9)        Whether it is the following child’s best interests to address the Court under California Rule of Court Rule
                   5.250(C)(3)A – E: [Name(s)]:
        (10)       What are the preferences, if any, of the child regarding custody or visitation: [Name(s)]:


        (11)       Other recommendations related to any of the above issues necessary for clarification or implementation
                   of the recommended order, or otherwise required to address the health, safety, welfare, and best
                   interests of the child.

     b. PSYCHOLOGICAL TESTING:
               The following parties and/or children may be psychologically tested at the discretion of the evaluator:


2.      OTHER ORDERS: Both parties shall comply with the ADDITIONAL ORDERS below and on page 2 attached.


3.   APPOINTMENTS AND DOCUMENTATION
     a. Each party shall contact the private evaluator pointed above no later than five (5) court days from the filing of this
        order to schedule an appointment. Any initial fee deposits required by the evaluator shall be paid within 10
        days from the date of this order, unless other arrangements are agreed upon with the evaluator. Both
        parties shall pay the fees required by the evaluator and in a timely manner. The parties shall appear at the
        evaluator’s office for all appointments set for them by the evaluator. The parents shall insure that the children
        appear at all appointment times set for the children by the evaluator. The attorneys for the parties shall attend any
        appointments that are set for them by the evaluator.
     b. The parties shall provide the evaluator, upon request, with information relative to the names, addresses, and
        telephone numbers for all individuals involved with the care, day care, medical-dental-mental health treatment,
        and education of the children.
     c. The attorneys for the parties or parties, if representing themselves, shall provide a copy of this order to the custody
        evaluator within five court days of the filing of this order. The evaluator shall have access to the court file in the
        matter, except for any confidential documents. Both parties and their attorneys shall cooperate in providing the

FM-1057 REV 07/01/12                 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                        Page 1 of 3
                                              PRIVATE EVALUATOR
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                      CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                                  DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                      FCS NUMBER:


        evaluator with copies of filed court documents on request. In the event that the evaluator is not able to obtain copies
        of filed court documents from the parties or their attorneys in a timely manner, he or she may request copies from
        the clerk’s office and there shall be no charge for the copies
     d. Both parties shall provide copies of documents requested by the evaluator in a prompt and timely manner. In
        accordance with the Local Rules, any documents provided to the evaluator shall be provided to the other party at the
        same time and in the same manner.
     e. If either party or the evaluator contends that a party is unduly delaying the evaluation process, a party or the
        evaluator may place the matter on the next Case Management Conference calendar for review.


5.   EVALUATOR DUTIES, AUTHORITY, AND ACCESS TO INFORMATION
     a. The evaluator shall adhere to the requirements of California Rules of Court Rule 5.220, court-ordered child custody
        evaluations, Rule 5.225, education, experience, and training standards for court-appointed child custody
        investigators and evaluators, Rule 5.230, domestic violence training for court-appointed child custody investigators
        and evaluators, and Rule 2 of the Santa Clara County Superior Court Local Family Rules.
     b. The evaluator shall have the authority to petition the Court to withdraw from a case.
     c. The evaluator shall, at the commencement of the evaluation, provide the parties with a written explanation of the
        process clearly describing the:
        (1) Procedures which may be used and the time required to gather and assess information;
        (2) If psychological tests will be used, the role of the results in confirming or questioning other information or
              previous conclusions;
        (3) Limitations on the confidentiality of the process;
        (4) Cost and payment responsibility for the evaluation consistent with the terms of the appointing order.
     d. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
        authority to contact any Family Court Services evaluator or emergency screener to obtain background information in
        the case, and Family Court Services shall be authorized to release such information.
     e. An appointed private evaluator shall, upon presentation of a copy of this order to Family Court Services, have the
        authority to review the Family Court Services file, with the exception of any mediation notes and criminal records
        information, at Family Court.
     f. The evaluator shall have the authority to conduct home visits at his/her discretion.
     g. The evaluator shall, at her/his discretion, have access to the children’s medical, dental, mental health, and other
        health care records, school and educational records, and the right to interview school personnel, caretakers, health
        care providers, mental health professionals, and others who have assessed the children or provided care to the
        children. Each party shall sign releases for such information as requested by the evaluator.
     h. The evaluator shall have access to any and all reports, test results, and other documents relating to the children from
        third parties, for example, but not limited to: mental health professionals, school personnel, Child Protective Services
        workers, medical and dental care providers, and day care providers. Each party shall sign releases for such
        information as requested by the evaluator. In the event that either party fails or refuses to sign releases required by
        the evaluator, the issue shall be set on the Law and Motion calendar of the All Purpose Judge for a hearing on the
        appropriateness of the refusal and for issuance of applicable orders regarding the records requested.
     i. The evaluator shall have the authority to contact any previously court appointed custody/visitation evaluator or
        assessor shall have the authority to release case related information to the evaluator appointed by this order.
        Contact with any previously appointed Special Master shall be as specified by court order only.
     j. All information obtained as described above shall be used solely for the purpose of conducting the evaluation.
     k. The evaluator shall complete and distribute the evaluation report and recommendations consistent with the
        procedures described in Rule 2 of the Santa Clara County Superior Court Local Family Rules no later than 60
        days following the date of the first scheduled evaluation appointment, unless extended by the Court.




FM-1057 REV 07/01/12                 ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                        Page 2 of 3
                                              PRIVATE EVALUATOR
                                                                  ATTACHMENT FM-1057
               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327 – PRIVATE EVALUATOR
                                                                                  CASE NUMBER:
      STIPULATION AND ORDER APPOINTING CHILD CUSTODY                              DEPARTMENT NUMBER:
                    PRIVATE EVALUATOR
                                                                                  FCS NUMBER:



    l. In the event that the Court has checked the box above ordering an evaluation pursuant to Family Code §3118, the
       Court has determined that there is a serious allegation of child sexual abuse as defined in §3118. The evaluator
       appointed herein shall fully comply with all applicable requirements of §3118. Any evaluator appointed under §3118
       shall have access to all Juvenile Court records pertaining to the child who is the subject of the evaluation. Any
       Juvenile Court records or information gained from those records shall remain confidential and shall only be released
       as specified in Family Code §3111. The evaluation shall be suspended if a petition is filed to declare the child a
       dependent child of the Juvenile Court pursuant to Welfare & Institutions Code §300, and all information gathered by
       the evaluator shall be made available to the Juvenile Court.



DATED:
                                                     PETITIONER


DATED:
                                                     COUNSEL FOR PETITIONER


DATED:
                                                     RESPONDENT


DATED:
                                                     COUNSEL FOR RESPONDENT


DATED:
                                                     COUNSEL FOR MINOR CHILDREN

You are obligated to notify the Family
Court Services, Calendar Office at
408-534-5710, to vacate the Custody                  CUSTODY SETTLEMENT CONFERENCE DATE AND TIME
Settlement Conference, if you settle.                (140 – 150 days from the date of this Order)



IT IS SO ORDERED:



DATED:
                                                     JUDICIAL OFFICER




FM-1057 REV 07/01/12               ADDENDUM TO JUDICIAL COUNCIL FORM FL-327                                     Page 3 of 3
                                            PRIVATE EVALUATOR
                                                                                                              ATTACHMENT FM-1059
 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:                           TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

     SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
        *170 Park Avenue, San José, CA 95113
        *605 W. El Camino Real, Sunnyvale, CA 94087
        301 Diana Avenue, Morgan Hill, CA 95037
     *Mailing Address: 191 N. First St. San José, CA 95113
                                                                                                CASE NUMBER:
        PETITIONER:

     RESPONDENT:

                                                                                                DEPARTMENT NUMBER:
                  REQUEST AND ORDER TO CHANGE
           STATUS OR CASE RESOLUTION CONFERENCE DATE                                            FCS NUMBER:


Current Status or Case Resolution Conference: Date:                                             Time:
REQUEST:
I am asking that our Status or Case Resolution Conference date be changed (check as many as apply):
1.         The Respondent has been served in this case.
2.         Petitioner’s       Respondent’s Preliminary Declaration of Disclosure has been served.
3.         I have         I have not discussed this request with the other party and (check one):
           a.         We agree
           b.         We are requesting a Settlement Officer Conference (SOC).
           c.         We do not agree but I ask the court to grant my request based on the attached declaration.
           d.         Please see attached declaration where I explain why I have not discussed this request with the other party and
                      why my request should be granted.
           e.         A no contact restraining order is in effect.
4.         First change: This is my first request to change the date. Please schedule the Status or Case Resolution Conference at
           least 30 days out but not on the following dates because I am NOT available:


5.         More than one change: The Case Status or Resolution Conference has been changed (number)
           time(s) already. I am asking that the date be changed again and have attached a declaration that explains my reasons for
           this request.
6.         Alternative Dispute Resolution (ADR): We are asking that the date be changed because we are involved in an alternative
           dispute resolution process. Please schedule our Conference no more than six months out but not on the following dates
           because we are NOT available:


7.         Reconciliation: We are asking that the date be changed because we are attempting reconciliation. Please schedule our
           Conference no more than six months out but not on the following dates:
                            ___________________________________________________________________________________


8.    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:                                                          Signature:



Date:                                                          Signature:

FM-1059 REV 1/01/13                                                                                              Santa Clara County Family Local Rule 6
                                           REQUEST AND ORDER TO CHANGE STATUS OR                                                            Page 1 of 2
                                              CASE RESOLUTION CONFERENCE DATE
                                                                                                                 ATTACHMENT FM-1059
PETITIONER:                                                                                            CASE NUMBER:


RESONDENT:



9.   ORDER:
     IT IS HEREBY ORDERED that the request to change the Status or Case Resolution Conference date is:
     a.       Approved
                                           The new Status      Case Resolution Conference               is scheduled for:
                                   Date:                    Time:                             a.m.   p.m.    Department:


     b.       SOC Approved. The parties shall contact the Calendar Clerk to schedule. A Status Conference will be scheduled with
              the APJ to occur within 180 days.
     b.       Not Approved. The parties are ordered to appear at the currently scheduled conference.



Date:
                                                                        Judicial Officer:


                                                                    INSTRUCTIONS
9.   Please refer to Superior Court of California, County of Santa Clara’s Local Family Rules of Court for more information.
     •    Fill out page 1 of this form.
          Make at least two (2) copies of both sides of this form. If there is an agreement, both parties or counsel need to sign page If
          there is no agreement, have a copy served by mail to the other party. The server must complete the Proof of Service by
          Mail section below. You cannot serve the form yourself.
     •    Submit to the Clerk’s Office at the Family Court Facility, where your case is assigned, at least 10 calendar days before the
          currently scheduled Status or Case Resolution Conference:
                  This original form
                  All the copies
                  One stamped envelope addressed to each party or counsel in the case.
     •    The Clerk’s Office will mail you a copy of this form to let you know if your request was approved or not approved.



                                              PROOF OF SERVICE BY MAIL (C.C.P. 1013A)


10. I mailed a copy of the Request and Order to Change Status or Case Resolution Conference Date in sealed envelope as follows:
     a.   Mailed from (City)                                                      , (State)
     b.   On (date):
     c.   To (name and address of the person served):


11. Server’s Information:
     a.   Name:
     b.   Address:
          City:                                                          State:                             Zip Code:

12. Please also complete the following if you are a registered process server:
     County Registration                                             Registration Number:


13. I am over the age of 18 and not a party to this case. I declare under penalty of perjury under the laws of the State of California
     that the information above is true and correct.
Date:
                                                                                  Server signs name here


                                                                                  Server prints name here

FM-1059 REV 1/01/13                    REQUEST AND ORDER TO CHANGE STATUS OR                                     Santa Clara County Family Local Rule 6
                                                                                                                                            Page 2 of 2
                                          CASE RESOLUTION CONFERENCE DATE
                                                                     ATTACHMENT FM-1061
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
Family Law Division
Address: 170 Park Avenue San Jose, CA 95113
Main Number: (408) 534-5600
Clerk’s Office: (408) 534-5711
Mailing Address:
191 North First Street, San Jose, CA 95113




TO:              Family Court Services Clients

RE:              Documents Submitted to FCS Counselors


1.      Family Court Services (FCS) will only accept document or materials for a
        custody/visitation case that have been copied and submitted to the other parties.

2.      You must provide copies of any documents or materials to the other parties before
        you give any written information or pictures to Family Court Services (FCS).


3.      To confirm that you have given copies to the other parties, you must submit with the
        documents a signed declaration made under penalty of perjury of mailing or
        personal service.


4.      A declaration form is printed on the reverse side of this notice for your use.


5.      If there is no proof of service or a signed declaration attached to the documents or
        other materials, Family Court Services (FCS) counselors will not review them and
        will return the information to the submitting party.




FM-1061 REV 1/01/10                                                                      Page 1 of 2
                                                                           ATTACHMENT FM-1061
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
Family Law Division
Address: 170 Park Avenue, San Jose, CA 95113
Main Number: (408) 534-5600
Clerk’s Office: (408) 534-5711
Mailing Address:
191 North First Street, San Jose, CA 95113




                  DECLARATION OF MAILING OR PERSONAL SERVICE

RE: Documents/Materials Submitted to Family Court Services

I declare, under penalty of perjury, that I have provided copies of all of the attached documents
and/or materials totaling             pages to the other attorney’s and parties, listed below, prior to
submitting them to Family Court Services by                   mailing or           personal service on
                            to the following persons at the following addresses.




I declare under penalty of perjury, that the foregoing is true and correct, and that this declaration
was executed on                                 , at                                      , California.




                                                         Signature



                                                         Print Name




FM-1061 REV 1/01/10                                                                           Page 2 of 2
                                                                                                     ATTACHMENT FM-1067
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):          TELEPHONE NUMBER:                 FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:
     PETITIONER:



 RESPONDENT:




      CLAIMANT:                                                                          CASE NUMBER:


                                                                                         APPLICATION #:

                                                                                         APJ:
     APPLICATION FOR PAYMENT OF ATTORNEY FEES AND
             COSTS OF CHILD(REN)’S COUNSEL
                                                                                         DEPARTMENT:



I,                                                                                      , declare the following:

1.     I am the Child(ren)’s Counsel in the above-entitled action. I was appointed on                                               ,
       by the Honorable                                                                to represent the following child(ren) in
       this matter:                                                                                                                 .

2.     I, and/or my staff, have completed                               hours of work on this matter between the date
                                  of and                               .

3.     At my billing rate of $              per hour, I have billed a total in fees and costs of $              during this time
       period. [Billing is at a reduced rate of $                  per hour. My usual hourly rate is $                    per hour.]

4.         This matter, as it pertains to my client(s), is complete.
                 An order has been entered, or
                 I am currently requesting that an order be entered for that reason, terminating my appointment.

5.     I am now requesting attorney fees and costs from                                              through
       for the                         hours that I and/or my staff have spent on behalf of the minor child(ren)
           since my appointment, or              since my last application for an order for fees.

6.         I am now requesting that the court order the replenishment of the retainer. I ask that each party pay the
       amount of $                                     to me within fifteen (15) days of the date the Order for Fees is filed.




FM-1067 REV 1/01/10           APPLICATION FOR PAYMENT OF ATTORNEY FEES AND                                            Page 1 of 2
                                        COSTS OF CHILD(REN)’S COUNSEL
                                                                                         ATTACHMENT FM-1067
PETITIONER:                                                               CASE NUMBER:

RESPONDENT:


7.      Each month since my appointment I have sent billing statements to the parties through their attorneys of
        record, or, if self-represented, to the party directly. I am submitting with this application, copies of those
        statements as Exhibit “A,” not to be filed in the court file. My time was billed at the rate of $
        per hour. If applicable, I have billed paralegal time at the rate of $                      per hour. I have
        recorded               hours at no charge.

8.      I am requesting fees in the amount of                                    and costs in the amount of
                                    . I recommend that the court allocate the payment of such fees and costs as
        follows:                            % to be paid by Mother;
                                            % to be paid by Father;
                                            % to be paid by the Superior Court
        for the following reason(s):




9.          I mailed a copy of this Application and Exhibits with a blank Response and blank Income and Expense
        Declaration to the parties or their attorneys of record on                                                      .
             A copy of this Application and Exhibits with a blank Response and blank Income and Expense
        Declaration was served on the parties or their attorneys of record on                .
10.         I am submitting this Application and Exhibits to the clerk of Department                  .

11.         I am submitting this Application and Exhibits to the Superior Court Finance Department.

12.         I request Abstracts of Judgment and Earnings Withholdings Orders be issued for the following
        reasons:




I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.


Date:
                                                             Child(ren)’s Counsel

                                               NOTICE TO PARTIES:
You must complete the form “Response to Application for Payment of Fees and Costs of Children’s
Counsel” and follow the procedures set out in that form. Your response must be received within 21
calendar days of the date of this application:

      by the Clerk in Department                    * 170 Park Avenue, San Jose, CA 95113
      by the Clerk in Department                    * 605 West El Camino Real, Sunnyvale, CA 94087
      by the Clerk in Department                      301 Diana Avenue, Morgan Hill, CA 95037

See “Payment Procedure for Children’s Attorney,” enclosed.
Failure to submit a response may result in an order directing you to pay up to 100% of the fees and costs
requested.

*or mailed to: Superior Court of California, County of Santa Clara
                191 North First St., San Jose, CA 95113


FM-1067 REV 1/01/10       APPLICATION FOR PAYMENT OF ATTORNEY FEES AND                                    Page 2 of 2
                                    COSTS OF CHILD(REN)’S COUNSEL
                                                                                               ATTACHMENT FM-1068
ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address):      TELEPHONE NUMBER:                 FOR COURT USE ONLY




ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:
     PETITIONER:



 RESPONDENT:




      CLAIMANT:                                                                    CASE NUMBER:


                                                                                   FCS NUMBER:

                PETITIONER’S     RESPONDENT’S                                      APJ:
     RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION FOR
           PAYMENT OF ATTORNEY FEES AND COSTS                                      DEPARTMENT:


1.      I,                                                                , declare the following:
             I am the attorney for the Father/Mother of the minor child(ren) in this case.
             I am the Father/Mother of the minor child(ren) in this case. I am self-represented.
             A new Income and Expense Declaration is attached.
             I am attaching a copy of the Income and Expense Declaration I have filed previously because I declare
             that the information in it has not changed.

        REQUEST FOR ALLOCATION OF FEES FOR CHILD(REN)’S COUNSEL

2.           I propose the following allocation of payment:
        Father to pay                    % and Mother to pay           % of the ordered fees and costs. My reasons for
        proposing that allocation are the following:




3.           I ask that the Court pay my part of the fees and costs for the following reason(s):




4.           I request monthly payments, I believe I can pay $                       per month.

I declare under penalty of perjury under the laws of California that the foregoing is true and correct.


Date:
                                                            Signature


FM-1068 REV 1/01/10                RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION                                     Page 1 of 2

                                          FOR PAYMENT OF ATTORNEY FEES
                                                                                 ATTACHMENT FM-1068


PETITIONER:                                                       CASE NUMBER:

RESPONDENT:




                                        NOTICE TO PARTIES
YOU MUST SUBMIT THIS FORM AND A CURRENT INCOME AND EXPENSE DECLARATION,
JUDICIAL COUNCIL FORM FL-150 (OR A PREVIOUSLY-FILED INCOME AND EXPENSE
DECLARATION IF YOU DECLARE THAT THE INFORMATION HAS NOT CHANGED) TO THE

     Clerk in Department                      * 170 Park Avenue, San Jose, CA 95113
     Clerk in Department                      * 605 West El Camino Real, Sunnyvale, CA 94087
     Clerk in Department                       301 Diana Avenue, Morgan Hill, CA 95037

THE CLERK MUST RECEIVE THE APPLICATION WITHIN 21 CALENDAR DAYS OF THE DATE ON
THE APPLICATION FOR FEES.            DO NOT ADD AN ADDITIONAL FIVE DAYS FOR SERVICE BY
MAIL. (*OR mail to Santa Clara County Superior Court, 191 North First St., San Jose, CA 95113).

FAILURE TO SUBMIT A RESPONSE MAY RESULT IN AN ORDER DIRECTING YOU TO PAY UP
TO 100% OF THE FEES AND COSTS REQUESTED.

You must also mail or give a copy of this Response and the Income and Expense Declaration to the
other party or his/her attorney, and file the attached Proof of Service with the Court.




FM-1068 REV 1/01/10        RESPONSE TO CHILD(REN)’S COUNSEL’S APPLICATION                    Page 2 of 2

                                  FOR PAYMENT OF ATTORNEY FEES
                                                                                  ATTACHMENT FM-1078


                                SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA

                                        FAMILY COURT SERVICES
                                        CLIENT COMPLAINT FORM



    We at Family Court Services appreciate your taking time to inform us of your complaint about the services
    you received through our offices. We encourage you to notify us of your complaint as early as possible.
    Our staff is committed to responding to your concerns in a prompt and thorough manner. We are
    interested only in helping you and the courts make the best decisions possible to meet the needs and
    interests of your children.

    We encourage all clients with complaints about their experience with Family Court Services to first talk
    directly with the individuals involved in order to try and work things out. Many complaints about mediation
    and evaluation services are a result of misunderstanding or miscommunication, and many of these
    misunderstandings can be worked out through direct, honest discussion.

    Formal Complaint Process: If you want an investigation of and response to a complaint, you must
    submit the complaint in writing and provide a copy of the written complaint to the attorney or self-
    represented person on the other side and submit either a Proof of Service or Declaration Under Penalty
    of Perjury that you have done so. Attachments to this complaint form may not exceed three pages,
    double spaced. Once the complaint has been investigated, a written response will be prepared and sent
    to the complaining person and copied to all the attorneys/self-represented persons in the case.

    Attached is a set of questions that will help us better understand the nature of your complaint about
    Family Court Services staff and/or procedures. Please complete the form and return to the Family Court
    Services office in which your mediation, screening, assessment or evaluation took place. Please
    complete the form and return it to the Family Court Services office. A supervisor will respond within 30
    days.

    Please review the next page for some general information that may help you understand how Family
    Court Services and the courts work.




FM-1078 REV 01/01/13                                                                                      Page 1 of 4
                                                                               ATTACHMENT FM-1078


                HOW FAMILY COURT SERVICES AND THE FAMILY COURT WORKS

    1.        Responsibility for making official orders about your parenting arrangements rests with
              the court. No one but a judge can order any child custody or visitation arrangement.
              Mediators in Santa Clara County Superior Court, who perform mediations at Family
              Court Services, cannot make recommendations about your case without the permission
              of both parents. If a mediator performs an Emergency Screening, an Assessment or an
              Evaluation, they are responsible to make recommendations of what they think would be
              best for your children, but they do not make a court order or a decision. The judge is
              the only person authorized to order a child custody or visitation arrangement.

    2.        Family Court Services cannot reverse or change a court-ordered parenting plan. Only
              the judge can change the court order. If you are concerned about the custody or
              visitation orders that were made by a judge, you must make your appeal directly to the
              court for a review of the case. Your attorney or staff of the Family Court Clinic can tell
              you how to appeal a court decision.

    3.        A complaint about how you were treated in Family Court Services or about the
              procedures used can be addressed directly by the Family Court Services office.

    4.        Submitting a complaint through the use of the attached form is not an appeal for a
              review or reversal of court orders that have been made in your case. An appeal is a
              legal process over which Family Court Services has no control. Use of this form is,
              however, the proper way to express your grievances about the way in which Family
              Court Services handled your child custody mediation, screening, assessment or
              evaluation case.

    5.        To process your written complaint, the director or one of the supervisors will :

                   •   Review your complaint.
                   •   Talk with staff who has been involved with your case.
                   •   Determine whether your complaint is a matter that the Family Court Services can
                       address or a legal matter only the courts can address.
                   •   Respond in writing to the complaining party and to the attorney or self-
                       represented person on the other side.




FM-1078 REV 01/01/13                                                                              Page 2 of 4
                                                                             ATTACHMENT FM-1078


                                           CLIENT COMPLAINT FORM

      Please complete the following items to help us better understand your complaint. This form
      will not be placed in your Family Court Services file or in your court file.

      Name
      Address




      Daytime Phone
      Case Number
      Do you have an attorney?          Yes         No
      This complaint is about      An individual(s) in the Family Court Services mediation or
                                   evaluation office
                                   A Family Court Services procedure
                                   Both an individual and a procedure
      If an individual(s) is the source of your concern, please provide the name(s) below, if known:



      When did the action about which you are concerned happen?           Within the last month
                                                                          Within the last three months
                                                                          Within the last year
                                                                          More than one year ago
       What is your complaint? Please be specific.




      What would you like to have done as a result of this complaint?




FM-1078 REV 01/01/13                                                                              Page 3 of 4
                                                                             ATTACHMENT FM-1078


      Is your mediation or evaluation in progress at this time?     Yes         No

      What other information do you think is important for us to know?




      Signature                                                      Date
      (Unsigned or anonymous complaints cannot be accepted)



      Client surveys are available through the Family Court Services office if you would like to
      provide other feedback about the child custody mediation and/or evaluation process.




FM-1078 REV 01/01/13                                                                               Page 4 of 4
                               SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA




         INITIAL APPLICATION FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
                                 IN FAMILY COURT CASES


Name                                                                  Phone Number


Business Address                                                      E-mail


Year Admitted to CA Bar                                               CA State Bar Number


1.     California Rule of Court 5.242 requires certain minimum qualifications before the Court can appoint a
       lawyer to represent a child in family law proceedings. Please attach to this application a Judicial Council
       form FL-322 completed except for question #2 and signed.

2.     If you have been appointed as counsel for a minor in a family law proceeding, please state the total
       number of such appointments:
       How many such appointments are currently pending?

3.     Please specify any languages other than English you speak well enough to communicate effectively with
       minor(s) and parents.


4.     Do you have other particular skills, training, interests, or preferences (e.g., age, gender, family ethnicity,
       educational or medical issues)?


5.     With respect to the twelve hours of education and training referenced in question #5 on FL-322, state the
       number of hours of study completed in each of the following areas:

       A.     Statutes, rules of court and case law related to child custody and visitation litigation.
                                                             Hours completed
                                                             Year(s) in which study completed

       B.     Representation of a child in custody and visitation proceedings.
                                                             Hours completed
                                                             Year(s) in which study completed

       C.     Special issues in representing a child, including:

              1. Various stages of child development;
                                                             Hours completed

FM-1081 REV 7/01/09                                                                                           Page 1 of 2
                                                           Year(s) in which study completed
INITIAL APPLICATION FOR APPOINTMENT AS
COUNSEL FOR MINOR CHILDREN IN FAMILY COURT CASES (cont’d)



              2. Communicating with a child at various developmental stages and presenting the child’s view;
                                                       Hours completed
                                                       Year(s) in which study completed

              3. Recognizing, evaluating and understanding evidence of child abuse and neglect, family
                 violence and substance abuse, cultural and ethnic diversity, and gender specific issues;
                                                       Hours completed
                                                       Year(s) in which study completed

              4. The effects of domestic violence and child abuse and neglect on children;
                                                       Hours completed
                                                       Year(s) in which study completed

              5. How to work effectively with multidisciplinary experts.
                                                       Hours completed
                                                       Year(s) in which study completed


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.




Date:
                                                   Signature




FM-1081 REV 7/01/09                                                                                         Page 2 of 2
                               SUPERIOR COURT OF CALIFORNIA
                                  COUNTY OF SANTA CLARA




                      ANNUAL RENEWAL APPLICATION/ELIGIBILITY DECLARATION
                        FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
                                    IN FAMILY COURT CASES


Name                                                                  Phone Number


Business Address                                                      E-mail


Year Admitted to CA Bar                                               CA State Bar Number


1.     California Rule of Court 5.242 requires certain minimum qualifications before the Court can appoint a
       lawyer to represent a child in family law proceedings. Please attach to this application a Judicial Council
       form FL-322 completed except for question #2 and signed.

2.     If you have been appointed as counsel for a minor in a family law proceeding, please state the total
       number of such appointments:
       How many such appointments are currently pending?

3.     Please specify any languages other than English you speak well enough to communicate effectively with
       minor(s) and parents.


4.     Do you have other particular skills, training, interests, or preferences (e.g., age, gender, family ethnicity,
       educational or medical issues)?



5.     With respect to the eight hours of education and training referenced in question #8 on FL-322, state the
       number of hours of study completed in the last twelve months in each of the following areas:

       A.     Statutes, rules of court and case law related to child custody and visitation litigation.
                                                                      Hours completed

       B.     Representation of a child in custody and visitation proceedings.
                                                                      Hours completed

       C.     Special issues in representing a child, including:
              1. Various stages of child development;
                                                                      Hours completed



FM-1082 REV 7/01/09                                                                                         Page 1 of 2
ANNUAL RENEWAL APPLICATION/ELIGIBILITY DECLARATION
FOR APPOINTMENT AS COUNSEL FOR MINOR CHILDREN
IN FAMILY COURT CASES (cont’d)



              2. Communicating with a child at various developmental stages and presenting the child’s view;
                                                                    Hours completed

              3. Recognizing, evaluating and understanding evidence of child abuse and neglect, family
                 violence and substance abuse, cultural and ethnic diversity, and gender specific issues;
                                                                    Hours completed

              4. The effects of domestic violence and child abuse and neglect on children;
                                                                    Hours completed

              5. How to work effectively with multidisciplinary experts.
                                                                    Hours completed


I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.




Date:
                                                   Signature




FM-1082 REV 7/01/09                                                                                         Page 2 of 2
                                                                                                 ATTACHMENT FM-1083
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)      TELEPHONE NUMBER:                FOR COURT USE ONLY




 ATTORNEY FOR (Name):
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:

     PETITIONER:

     RESPONDENT:

  OTHER PARENT/CLAIMANT:
                                                                                   CASE NUMBER:
                        STIPULATION AND ORDER
                                      Modification                                 DEPARTMENT:


1.        Not based on a hearing
          Today’s Hearing (date)

2. Judge:                                                                       Temporary

3. The parties agree that the Court will make orders about the following items:
          Custody/Visitation                             Arrears
          Child Support                                  Attorney’s Fees and Costs
          Spousal or Family Support                      Other:
          All other issues are reserved until further Court order

4. Parties/Attorneys:
          Petitioner present in court           Petitioner’s attorney present:
          Respondent present in court           Respondent’s attorney present:
          Claimant present in court             Claimant’s attorney present:
          Child’s Attorney/Other (specify):               present:

5.        Continued Hearing: This hearing is continued to (dept)                 on (date)         at (time)
          about the following issues:



6. Number of attached pages:


                     Do not use this form for domestic violence restraining orders.
         Those orders must be made on a Restraining Order after Hearing (CLETS), form DV-130.




FM -1083 REV 7/1/11                        STIPULATION AND ORDER                                                  Page 1 of 2
PETITIONER:                                                                        CASE NUMBER:

RESPONDENT:


We have read this entire Stipulation and Order, including all Attachments. We understand it fully and ask that
the Court make our stipulation into court orders.




Date:
                                                           Petitioner

Date:
                                                                Attorney for Petitioner

Date:
                                                           Respondent

Date:
                                                                Attorney for Respondent


Date:
                                                                Child’s Attorney

Date:
                                                                Other:

Date:
                                                                Other:


Interpreter Witness Declaration

       Interpreter: The     Petitioner       Respondent is unable to read or understand this Stipulation and Order
       and its attachments because:
       a.      his/her primary language is (specify):
       b.     other (specify):

I certify under penalty of perjury under the laws of the State of California that I have, to the best of my ability, read or
translated for the       Petitioner        Respondent this Stipulation and Order including all attachments. He or she
said they understood this Stipulation and Order and its attachments before signing them.



Date                               Interpreter’s printed name                        Interpreter’s signature


                                                          ORDER

The Court approves the terms stipulated and agreed to in this document by the parties and makes them court
orders. All previous orders that are not inconsistent with these orders remain in full force and effect.



Date:
                                                           Judicial Officer of the Superior Court




FM-1083 REV 7/01/11                           STIPULATION AND ORDER                                                Page 1 of 2
                                                                                      Case Number:
     FM-1102           Other Orders – Property Removal
This form is attached to:             DV-130          CH-140

1.   Protected Person’s name:

2    Restrained Person’s name:

3.   Taking personal items of property: As a one-time exception to the “Personal Conduct” and “Stay-Away”
     orders attached to this form, the Restrained Person         Protected Person:

     a.       May take agreed upon items of property from the □ Protected Person’s      Restrained Person’s home.
          Items that the parties do not agree about must not be taken unless the Court makes an order allowing the
          items to be removed. The agreed upon items of property may be taken between (date)                 and
          (date)                between (times)               and                 .

     b.       May only take items of property that are described in item 7 on the second page of this order. The items
          may be taken between (date)                   and (date)                  between (times)
          and                 .

     c.        Must submit a written list of personal property items which are being requested to the other party by mail
                  calendar days in advance of the removal date and items which are agreed upon must be removed as
          set forth above in section 3a. The mailing of this list by the Restrained Person (if applicable) is an exception
          to the No Contact Orders.

     d.   Must contact Law Enforcement to request the Civil Standby. The exact date and time must be approved by
          Law Enforcement in advance of any property removal. Removal must not occur before 7 a.m. or after 10
          p.m.

     e.      Must place in a box or boxes the other party’s personal belongings as listed in item 7 on the second
          page of this order for delivery to the Restrained Person. The terms of delivery must be as follows:




4.   Civil Standby: A “Civil Standby” is when a Law Enforcement Officer comes to a place to make sure that the
     situation there is peaceful. The party who is removing their personal items must give a copy of these Property
     Removal Orders to the Law Enforcement Officer. Both parties must obey the instructions of the Law
     Enforcement Officer present at the Civil Standby. A Civil Standby may last up to thirty minutes but may be
     stopped at any time by the Law Enforcement Officer.

5.       Peaceful Communication: The parties may communicate peacefully with each other regarding the
     property removal while the items of property are being removed as an exception to the attached Personal
     Conduct orders. Any Law Enforcement Officer present while the items of property are being removed has the
     authority to stop all communication.

6. Others present at property removal:
      The Civil Standby must not proceed if the resident party or a designated representative is not present.
      Each party may have up to two other people who are not listed as protected people on this Restraining
   Order present while the items of property are being removed. Any contact between the parties and these
   people must be peaceful.
      The parties may not have others present when the items of property are removed.
      The following people     may be      may not be present when the items of property are removed:




FM-1102 REV 1/01/11                     OTHER ORDERS – PROPERTY REMOVAL                                           Page 1 of 2

                                                 (DV-130/CH-140)
                                                                                       Case Number:
  FM-1102               Other Orders – Property Removal
7. Other Orders:
     a. Minor children shall not be present during property removal.
     b. The orders herein are for temporary possession and the issue of final ownership of any item may be
          subject to review by a Court of competent jurisdiction.
     c. Items to be removed:
          1.      Necessary Personal Property, which means clothing, toiletries, prescribed medication, medical
               records, medical insurance card, driver’s license or State identification cards; and passport, credit cards,
               ATM cards and checkbook(s) bearing the name of the person authorized to remove property in this order.
          2.      List of items to be removed:




FM-1102 REV 1/01/11                      OTHER ORDERS – PROPERTY REMOVAL                                            Page 2 of 2

                                                  (DV-130/CH-140)
                                                                                                        ATTACHMENT FM-1110
                                                                                                         FOR COURT USE ONLY
     SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     FAMILY LAW DIVISION
        170 Park Avenue, San José                  99 Notre Dame Street, San José
        301 Diana Avenue, Morgan Hill              605 W. El Camino Real, Sunnyvale
     Mailing Address: 191 N. First Street, San José, California 95113

     PETITIONER:
     RESPONDENT:
     OTHER PARENT/ CLAIMANT:


         APPLICATION AND ORDER FOR EXPERT WITNESS FEES                                         CASE NUMBER:
         (FAMILY CODE SECTION 3112)
                                                                                               DEPARTMENT NUMBER:
         APPLICATION AND ORDER FOR DEPOSITION FEES
                                                                                               FCS NUMBER:
         (GOVERNMENT CODE SECTION 68096.1(d))


                                                             APPLICATION

I,                                                                               , declare under penalty of perjury, as follows:

1. I am an Evaluator/Screener for the Superior Court of California, County of Santa Clara Family Law Division.

2. I have been ordered by the Court to perform an evaluation/screening involving custody and visitation
       investigation in the above listed matter and, in conjunction with such evaluation I have been required to provide
       testimony as an expert witness on                                                                                                    .

3. The assessed fee for such testimony is $ _______ per hour. I spent                                 hours testifying. The total
       cost for the testimony is $                           .



Dated:                                                                 Signed:
                                                                                                   Screener/Evaluator

                                                                  ORDER
IT IS ORDERED that:

1. Petitioner shall pay $_________. Respondent shall pay $                            . The fees are due and payable within 30
       days from the service of this Order, unless a fee waiver of these specific fees is granted.

2. Other Orders:




Dated:
                                                                       Judicial Officer




FM-1110 REV 7/01/11                               EXPERT WITNESS FEE APPLICATION                                              Page 1 of 1
                                                                                                   ATTACHMENT FM-1112
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA                                                    FOR COURT USE ONLY

     STREET ADDRESS:                     CENTRAL (170 Park Avenue, San José, CA 95113)
                                         NORTH (605 El Camino Real, Sunnyvale, CA 94087)
                                         SOUTH (301 Diana Avenue, Morgan Hill, CA 95037)
     MAILING ADDRESS:                 191 North First Street
   CITY AND ZIP CODE:                 San José, CA 95113
            BRANCH NAME:              Family Court

    PETITIONER/PLAINTIFF:



RESPONDENT/DEFENDANT:


                                                                                            CASE NUMBER:
             STIPULATION FOR COURT COMMISSIONER TO ACT
                AS TEMPORARY JUDGE FOR ALL PURPOSES



Commissioner                                                                        , is a judicial officer of the Superior Court of
California, County of Santa Clara, and may act as a Temporary Judge if all the parties agree in writing.
Your signature below means you agree the above-named Court Commissioner shall act as a Temporary
Judge for all purposes in this matter until final determination of the case, including all post-trial matters.
Dated:
SIGNATURE                                                       PRINTED NAME OF PARTY AND/OR ATTORNEY


(Plaintiff/Petitioner)


(Attorney for Plaintiff/Petitioner)


(Defendant/Respondent)


(Attorney for Defendant/Respondent)


(Claimant/Other Party)


(Attorney for Claimant/Other Party)

Interpreter Witness Declaration
       Interpreter: The               Petitioner         Respondent is unable to read or understand this Stipulation
       because:
       a.         his/her primary language is (specify):
       b.        other (specify):
I certify under penalty of perjury under the laws of the State of California that I have, to the best of my ability, read
or translated for the          Petitioner       Respondent this Stipulation. He or she said they understood this
Stipulation before signing it.


Date                                         Interpreter’s printed name                          Interpreter’s signature


FM-1112 REV 7/1/11                         STIPULATION FOR COURT COMMISSIONER TO ACT                                        Page 1 of 1
                                            AS TEMPORARY JUDGE FOR ALL PURPOSES
                                                                                                         ATTACHMENT FM-1119
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS)             TELEPHONE NUMBER:                 FOR COURT USE ONLY




 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:
      MAILING ADDRESS:
     CITY AND ZIP CODE:
         BRANCH NAME:

              PETITIONER:

             RESPONDENT:

                                                                                          CASE NUMBER:
             FAMILY LAW JUDICIAL SETTLEMENT PROGRAM
                      STIPULATION AND ORDER

1.      The parties and their attorneys stipulate that claims in this action be submitted to the Family Law Judicial
        Settlement Program for a Settlement Conference.

2.     It is further stipulated that the matter be submitted to the following judicial officers, in the following order:
       a.       The Hon.                                   , Judge, Superior Court of California, County of Santa Clara; or
       b.       The Hon.                                   , Judge, Superior Court of California, County of Santa Clara; or
        c.       A judicial officer of the Superior Court of California, County of Santa Clara assigned by the Family
                 Supervising Judge.
        d. We estimate the trial will take                 days.

3.      Parties and counsel have read and agree to be bound by the Rules of the Family Law Judicial Settlement
        Program, and the Rules of Court of the Superior Court of California, County of Santa Clara.

Date:



(Attorney for Petitioner - Type or Print Name)                              (Signature)



(Petitioner - Type or Print Name)                                           (Signature)



(Attorney for Respondent - Type or Print Name)                              (Signature)



(Respondent - Type or Print Name)                                           (Signature)



(Attorney for Other - Type or Print Name)                                   (Signature)


                                            (Attach additional signature pages if necessary)
                                                     ORDER ON REVERSE SIDE

FM-1119 Rev. 1/01/13                     FAMILY LAW JUDICIAL SETTLEMENT PROGRAM                                           Page 1 of 2
OPTIONAL USE                                      STIPULATION AND ORDER
                                                                                           ATTACHMENT FM-1119
PLAINTIFF:                                                                           CASE NUMBER:

DEFENDANT:


4.      Application for Family Law Judicial Settlement Program is:
        a.    Approved.
        b.    Denied.

5.      This case is submitted for Settlement Conference to Judge                               , Department                 .

6.      Parties and/or counsel shall contact the Settlement Judge within 10 calendar days for scheduling of the
        hearing.

7.      Pending the completion of the settlement process, discovery and law and motion proceedings        are not
        stayed     are stayed [except for the following matters:
                                                                       .     The following matters __________
         ___________________________________________________________ are continued to                  , 20    ,
        at                        a.m.      p.m. in Department         .

8.          Settlement and Case Status Review is set for                      , 20       , at           a.m.       p.m.
        in Department            .

9.          The Case Status/Case Resolution Conference set for                  , 20   , at             a.m.       p.m.
        in Department                remains set     is vacated        is continued to                    , 20       ,
        at                  a.m.    p.m. in Department         .


IT IS SO ORDERED.




Date:
                                                           Judge of the Superior Court




FM-1119 Rev. 1/01/13               FAMILY LAW JUDICIAL SETTLEMENT PROGRAM                                      Page 2 of 2
OPTIONAL USE
                                            STIPULATION AND ORDER
                                     SUPERIOR COURT OF CALIFORNIA
                                        COUNTY OF SANTA CLARA


                                                     JUVENILE RULES


INTRODUCTION

1   GENERAL PROVISIONS...............................................................................................................1

    A.       JUDICIAL ADMINISTRATION...........................................................................................1
    B.       RELATIONSHIP OF THE JUVENILE COURT TO OTHER CALENDARS.....................1
    C.       NOTICED MOTIONS............................................................................................................2
    D.       PROPOSED ORDERS ...........................................................................................................2
    E.       PRE-HEARING DISCOVERY ..............................................................................................2
    F.       EX PARTE ORDERS.............................................................................................................3
    G.       ATTENDANCE AT HEARINGS (CRC 5.530) ....................................................................4
    H.       SETTLEMENT CONFERENCES .........................................................................................4
    I.       ACCESS TO COURTROOM BY NON-PARTIES...............................................................5
    J.       RELEASE OF INFORMATION RELATING TO JUVENILES ..........................................5
             (1)  DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS – JUVENILE
                   JUSTICE .....................................................................................................................5
             (2)  ACCESS TO JUVENILE COURT LEGAL FILES BY SIXTH DISTRICT
                   APPELLATE PROGRAM .........................................................................................9
             (3)  ACCESS TO PSYCHOLOGICAL RECORDS BY JUVENILE HALL MEDICAL
                   DIRECTOR...............................................................................................................10
             (4)  DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS – JUVENILE
                   DEPENDENCY .....................................................................................................10
             (5)   ACCESS TO COURT FILES BY SANTA CLARA COUNTY VICTIM WITNESS
                   ASSISTANCE CENTER STAFF.............................................................................14
    K.       RELEASE OF INFORMATION RELATING TO JUVENILES
             BY LAW ENFORCEMENT ................................................................................................15
             (1)   IDENTITY OF JUVENILE......................................................................................15
             (2)  INFORMATION RE INCIDENT.............................................................................15
             (3)   COMMISSION OF FELONY ..................................................................................16
             (4)  CONTENTS OF REPORTS .....................................................................................16
             (5)   CORONER’S REPORTS .........................................................................................16
    L.       AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS.........................................17
    M.       LINE-UPS.............................................................................................................................19
    N.       EDUCATIONAL RIGHTS IN JUVENILE COURT...........................................................19
    O.       INSPECTION OF LAW ENFORCEMENT LOCK-UPS....................................................19
    P.       LOCAL RULES RELATING TO CHILD ADVOCATES..................................................19
                                       SUPERIOR COURT OF CALIFORNIA
                                          COUNTY OF SANTA CLARA


                                                      JUVENILE RULES



2    RULES RELATING TO DEPENDENCY ...................................................................................25
     A.  DE FACTO PARENTS / RELATIONS / INTERESTED PERSONS .................................25
     B.  MOTION TO CHALLENGE LEGAL SUFFICIENCY OF PETITION .............................25
     C.  PRESENTATION OF EVIDENCE......................................................................................25
     D.  REPRESENTATION OF PARTIES (W&I Codes §§ 317, 317.6, CRC 5.660) ..................26
     E.  ACCESS TO MINORS PETITIONED PURSUANT TO W & I Code § 300 .....................30
     F.  CREATION OF A FAMILY COURT ORDER IN JUVENILE COURT ...........................31
     G.  GUARDIANS AD LITEM ...................................................................................................32
     H.  PARENTAL VISITATION .................................................................................................33
     I.  JUDICIALLY SUPERVISED SETTLEMENT CONFERENCES AND LONG CAUSE
         TRIALS ................................................................................................................................34
     J.  DEPENDENCY MEDIATION ............................................................................................35
     K.  COURT ORDERED MENTAL HEALTH EVALUATION ...............................................38

3    RELATIONSHIPS AMONG DIFFERENT DIVISIONS OF THE SUPERIOR COURT......38
     A.  JUVENILE DEPENDENCY, JUVENILE JUSTICE, FAMILY AND PROBATE COURTS
         EXCHANGE OF INFORMATION .....................................................................................38
     B.  FOREIGN CONSULATES ..................................................................................................42
     C.  COURT COMMUNICATION REGARDING RESTRAINING ORDERS ........................43
     D.  FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES ......44
     E.  DUAL STATUS HEARINGS (W & I Code § 241.1)..........................................................46

ATTACHMENTS JV-2000 – JV-2029
                           SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       JUVENILE RULES
RULE 1           GENERAL PROVISIONS
           A.    JUDICIAL ADMINISTRATION
                 (1)   PRESIDING JUDGE OF THE JUVENILE COURT
                       There shall be one Presiding Judge of the Juvenile Court. The Presiding
                       Judge shall be selected by the Presiding Judge of the Superior Court. To
                       the extent possible the Presiding Judge of the Juvenile Court shall remain
                       in that position for at least three years.
                 (2)   JUVENILE COURT ACTIONS
                       The Juvenile Court hears both dependency and juvenile justice actions.
                       Juvenile justice actions were formerly called “delinquency” actions. All
                       references to Juvenile Delinquency Court, Delinquency judicial officers,
                       delinquency, juvenile delinquency, and delinquency actions, cases,
                       calendars, or matters shall now be referred to as Juvenile Justice Court,
                       Juvenile Justice judicial officers, juvenile justice, and juvenile justice
                       actions, cases, calendars, or matters.
(Eff. 1//1/10)
                 (3)   SUPERVISING JUDGE IN THE JUVENILE COURT
                       There shall be a Supervising Judge of both the dependency and juvenile
                       justice actions in the Juvenile Court. The Presiding Judge of the Juvenile
                       Court in most cases will be the Supervising Judge of either the
                       dependency or the juvenile justice calendars.
(Eff. 1//1/10)
                 (4)   JUVENILE COURT COMMITTEE
                       There shall be a Juvenile Court Committee of the Superior Court. That
                       committee shall consist of all judicial officers sitting in Juvenile Court and
                       any other judges the Presiding Judge of the Superior Court or the
                       Presiding Judge of the Juvenile Court may designate.
(Eff. 1/1/95)
           B.    RELATIONSHIP OF THE JUVENILE COURT TO OTHER CALENDARS
                 (1)   ASSIGNMENT OF JUVENILE COURT CASES
                       It is the policy of the Juvenile Court to have all matters heard by a judicial
                       officer assigned to the Juvenile Court. All cases in Juvenile Court shall be
                       subject to assignment to a judicial officer for all purposes at the time of
                       filing of the action who shall thereafter handle all proceedings involving
                       the matter, including trial, except as otherwise provided or required by
                       law.
(Eff. 1/1/09)




                                                 1
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       JUVENILE RULES
                (2)    MASTER CALENDAR REFERRALS (LONG CAUSE CASES)
                       Only the Presiding Judge of the Juvenile Court, the Supervising Judge of
                       the dependency/juvenile justice calendar or some judicial officer acting in
                       one of those capacities shall assign any case to the Supervising Judge of
                       the Civil Division in all dependency cases, and to the Supervising Judge of
                       the Criminal Division in all juvenile justice cases.
(Eff. 1/1/10)
                (3)    CASES INVOLVING EMPLOYEES
                       If a Court employee or deputy sheriff working at Juvenile Court, or a
                       member of his or her family, is a party to a case, the clerk or Presiding
                       Judge of the Juvenile Court shall transfer the case to another facility or
                       Division.
(Eff. 1/1/10)

                (4)    MEETINGS WITH OTHER SUPERVISORS
                       The Presiding Judge of the Juvenile Court shall take steps to ensure that
                       there are regular meetings with the Presiding Judge of the Court and with
                       supervising judges in the family, probate, mental health, civil and criminal
                       calendars, so that communication among these different calendars is
                       maximized.
(Eff. 7/1/95)

           C.   NOTICED MOTIONS
                No noticed motion shall be accepted by the Court Clerk unless it is accompanied
                by a proof of service.
(Eff. 1/1/04)
           D.   PROPOSED ORDERS

                Any proposed order submitted to the Court for signature must contain a footer
                with the title of the order on every page, including the signature page, unless it is
                a Judicial Council form. In addition, the Court signature and date lines must not
                be on a page by themselves; the signature page must contain some text of the
                order.
(Eff. 1/1/10)
           E.   PRE-HEARING DISCOVERY
                (1)   TIMELY DISCLOSURE OF INFORMAL DISCOVERY
                       Pre-hearing discovery shall be conducted informally. Except as protected
                       by privilege, all relevant material shall be disclosed in a timely fashion to
                       all parties to the litigation. In re Jose Z. (1970) 3 Cal.3d 797, CRC 1420.



                                                  2
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                (2)   FORMAL MOTIONS
                      a.     FORMAL DISCOVERY
                             Only after all informal means have been exhausted may a party
                             petition the Court for discovery. Any noticed motion shall state
                             the relevancy and materiality of the information sought and the
                             reasons why informal discovery was not adequate to secure that
                             information. The motion shall be served on all parties at least five
                             judicial days before the hearing date. The date for the hearing
                             shall be obtained from the Court Clerk, Juvenile Division. A copy
                             shall be served on the Court before whom the matter is scheduled
                             to be heard.
(Eff. 1/1/04)
                             Any responsive papers shall be filed and served two judicial days
                             prior to the hearing.
                      b.     CIVIL DISCOVERY
                             In order to coordinate the logistics of any such discovery, there
                             shall be no depositions, requests for production of documents,
                             interrogatories, requests for admissions or other similar types of
                             civil discovery without approval of a judge of the Juvenile Court
                             upon noticed motion.
(Eff. 1/1/05)
           F.   EX PARTE ORDERS
                (1)   Before submitting ex parte orders to a judge or commissioner for approval,
                      the applicant must give notice to all counsel, social workers, and parents
                      who are not represented by counsel or explain the reason notice has not
                      been given.
                (2)   The party requesting ex parte orders must inform the judge or
                      commissioner that notice has been given by completing a “Declaration Re
                      Notice of Ex Parte Application” form. (See attached form JV-2000.) The
                      original Declaration and accompanying Application for Order must be
                      submitted to the courtroom clerk in the juvenile department where the
                      pending action would normally be heard.
(Eff. 7/1/08)
                (3)   An opposing party must present any written opposition to a request for ex
                      parte orders to the courtroom clerk within 24 hours of receipt of notice or
                      may have their opposition noted on the Application form. The Court may
                      render its decision on the ex parte application or set the matter for hearing,
                      unless an opposition is filed in which case the matter will be set for a
                      hearing. The applicant is responsible for serving all noticed parties with
                      copies of the Court’s decision or notice that the Court has calendared the

                                                3
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        JUVENILE RULES
                        matter, and the applicant shall notify all parties of any hearing date and
                        time set by the Court.
(Eff. 1/1/09)
                 (4)    Notice may be excused if the giving of such notice would frustrate the
                        purpose of the order and cause the child to suffer immediate and
                        irreparable injury.
(Eff. 1/1/05)
                 (5)    Notice may also be excused if, following a good faith attempt, the giving
                        of notice is not possible, or if the opposing parties do not object to the
                        requested ex parte orders.
(Eff. 1/1/05)
           G.    ATTENDANCE AT HEARINGS (CRC 5.530)
                 Unless excused by the Court and except as indicated in Rule 2 subdivision (E)(2)
                 of these rules, and subject to the conditions in Rule 1 subdivision (G)(1) regarding
                 minors’ attendance at juvenile justice hearings, each party and attorney shall
                 attend each scheduled Juvenile Court hearing.

                 (1)    MINORS’ ATTENDANCE AT JUVENILE JUSTICE HEARINGS

                        Minors shall attend all juvenile justice hearings unless specifically
                        excused by the Court.

                        Waiver of a minor’s presence shall be made only by the Court. A waiver
                        of appearance shall only be for good cause, which shall require
                        extraordinary reasons. If a request is made to excuse the minor’s presence
                        on the ground that it shall inconvenience the minor, the Court will make
                        every effort to continue the case to a time certain when the minor can
                        appear without the inconvenience.

                        If a minor is in foster care out of county or out of state, the physical
                        presence of the minor can be excused if the minor appears by
                        videoconference. Failure to appear by videoconference will require the
                        hearing to be continued until either the minor physically appears or
                        appearance by videoconference can be arranged.
(Eff. 1/01/13)

           H.    SETTLEMENT CONFERENCES (No Statute) (No Court Rule)
                 Settlement conferences shall be held prior to every contested hearing, unless
                 expressly deemed unnecessary by the judicial officer setting the contested
                 hearing.
                 The trial attorneys and all parties shall be present at the settlement conference,
                 unless expressly excused by the Court.

                                                  4
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       JUVENILE RULES
                Prior to the calling of the case the parties or their attorneys shall meet in order to
                determine the issues to be tried and any areas of agreement.
(Eff. 1/1/95)

           I.   ACCESS TO COURTROOM BY NON-PARTIES (W & I CODES §§ 345, 346, 676)
                Unless specifically permitted by statute, Juvenile Court proceedings are
                confidential and shall not be open to the general public.
                Upon a sufficient showing the Court may permit relatives and any non-relative
                extended family members of the child to be present at the hearing and address the
                Court. The Court shall hear from all parties before granting such permission.
(Eff. 1/1/09)
                The Court encourages interested persons including trainees and students to attend
                juvenile proceedings in order to better understand the workings of the Juvenile
                Court. The Court retains the discretion to determine in each case whether any
                such interested party shall remain in the courtroom.
                The Court or its agent shall remind each such nonparty that the names of parties
                and/or identifying information from any case are confidential and shall not be
                repeated to anyone outside court. Any such person may be required by the Court
                to sign an acknowledgment and agreement relating to his/her observation of court
                proceedings.
(Eff. 7/1/08)

           J.   RELEASE OF INFORMATION RELATING TO JUVENILES
                Local Rules related to the review, copying, and use of Juvenile Records are
                designed to balance the right to access which may be provided by law to a
                specific individual, with the Court’s obligation to protect and apply all applicable
                privileges and protections to be afforded as determined by the nature of the
                documents at issue.
(Eff. 7/1/12)

                (1)    DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS –
                       JUVENILE JUSTICE
                       Except as indicated within this Rule, any Standing Orders, or as specified
                       in W & I Code §§ 827 and 828 and CRC 5.552, in all cases in which a
                       person or agency seeks access to Juvenile Court documents or records,
                       including documents or records maintained by the Juvenile Court Clerk or
                       the Probation Department, the person or agency shall file a Petition for
                       Disclosure (JV-570) with the Supervising Judge of Juvenile Justice Court.
                       This Rule applies even if no action has been commenced in Juvenile Court
                       under W & I Code §§ 601 or 602. The person or agency seeking the
                       documents or records shall give notice to all necessary parties (See W&I
                       Code § 827 and JV – 570). The Petition shall set forth with specificity the

                                                  5
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                JUVENILE RULES
                 materials sought and the relevance of the materials to the underlying
                 action. The Petition shall state with specificity the information sought and
                 the relevance to any related legal action, including the specific details of
                 the related legal action. The Petition shall be supported by a declaration of
                 counsel and/or a Petitioner, and if necessary a memorandum of points and
                 authorities.
(Eff. 7/1/12)
                 Exceptions are as follows:
                 a.     Persons or Agencies specified in W&I Code § 827(a)(1)(A), (C),
                        (E), (F), (H), (I), (J), (L), (M), (N), (O) [generally the minor, court
                        personnel and select governmental agency personnel], or
                        intervening tribal representatives.
(Eff. 7/1/12)
                        i.      Inspection of Documents or Records. Documents or
                                records may be inspected without Court authorization.
                        ii.     Copies of Documents or Records.
                                (a)     Persons or Agencies specified in W&I Code §
                                        827(a)(1)(A), (C), (E), (F), (H), and (I): Documents
                                        or records may be copied without Court
                                        authorization.
                                (b)     Persons or Agencies specified in W&I Code
                                        §827(a)(1)(J), (L), (M), (N), (O), or intervening
                                        tribal representatives:     Copies of documents or
                                        records may be obtained subject to the approval of
                                        the Supervising Judge of the Juvenile Justice Court
                                        pursuant to the filing of a W&I Code § 827 Petition
                                        (JV-570).
                        iii.    Dissemination or Use of Documents or Records. A Petition
                                pursuant to W&I Code § 827 is required for dissemination
                                or use of documents or records (JV – 570), and
                                dissemination or use of documents or records shall be in
                                compliance with the Court’s order on the W&I Code § 827
                                Petition. Petitioner shall inspect the Juvenile Court
                                documents or records and temporarily affix a removable tag
                                to each page of the document(s) for which Petitioner seeks
                                a Court order permitting dissemination or use. The W&I
                                Code § 827 Petition (JV – 570) shall include a copy of each
                                document which is the subject of the petition seeking
                                release for dissemination or use, and shall identify with
                                particularity, the content of each page which is relevant to
                                the petition and the reasons that the content should be
                                           6
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                              JUVENILE RULES
                              released for dissemination or use pursuant to the
                              requirements of CRC 5.552(c) and (e)(6).
(Eff. 7/1/12)
                 b.    District Attorney.
                       i.     Inspection of Documents. Documents may be inspected
                              without Court authorization.
(Eff. 71/1/12)
                       ii.    Copies of Documents or Records. Documents or records
                              may be copied without Court authorization.
                       iii.   Dissemination or Use of Documents or Records. A Petition
                              pursuant to W&I Code § 827 is required for dissemination
                              or use of documents or records (JV – 570), and
                              dissemination or use of documents or records shall be in
                              compliance with the Court’s order on the W&I Code § 827
                              Petition. If the District Attorney is seeking copies of
                              Juvenile Court documents or records for dissemination or
                              use, it shall lodge, at the time of the filing of the W&I Code
                              § 827 Petition (JV – 570), two copies of the Juvenile Court
                              documents or records requested for release in a sealed
                              envelope marked “confidential” with a notation that the
                              copies are lodged for review by the Court in connection
                              with the W&I Code § 827 Petition. Of the two copies, one
                              set shall be the unredacted version of the original
                              documents selected from the Juvenile Court file, unaltered
                              in any fashion. The second set shall be submitted with
                              redaction of all content that is not relevant to the underlying
                              action for which any document is sought, and redaction of
                              all content that may be inappropriate for release. The
                              Petition shall identify with particularity as to each
                              document, the reasons that the document should be released
                              pursuant to the requirements of CRC 5.552(c) and (e)(6).
(Eff. 7/1/12)
                       iv.    District Attorney Obligation Where Petition is Filed by a
                              Party to a Criminal Case. If the District Attorney has
                              informed a party in a criminal case that information
                              relevant to that case may be found in a Juvenile Court
                              record, and the District Attorney is served with a copy of a
                              W&I Code § 827 Petition filed by that party, then not later
                              than ten Court days after service of the petition the District
                              Attorney shall lodge two sets of copies of the relevant
                              documents from the Juvenile Court file with the Court, in
                              the same manner as specified in Rule 1.J(1)(b)(iii) above.
(Eff. 7/1/12)

                                         7
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                              JUVENILE RULES
                 c.    Parents/Guardians or School Superintendent, or Minor’s Multi-
                       Disciplinary Team.
(Eff. 7/1/12)
                       i.    Inspection of Non-Confidential Documents or Records.
                             Declaration for Juvenile Court Documents is required (JV-
                             2002). These Petitioners as listed in W&I Code §
                             827(a)(1)(D),(G), or (K), shall have the right to inspect
                             non-confidential Juvenile Court documents or records after
                             the filing of a Declaration for Juvenile Court Records
                             (Juvenile Justice) (see attached form JV-2002), and Court
                             review.
                             (a)    Copies of Non-Confidential Documents or Records.
                                    Copies of non-confidential documents or records
                                    may be obtained pursuant to the filing of the JV-
                                    2002 for inspection, and after Court review.
                             (b)    Dissemination or Use of Non-Confidential
                                    Documents or Records. Dissemination or use of
                                    non-confidential Juvenile Court documents or
                                    records is subject to the approval of the Supervising
                                    Judge of the Juvenile Justice Court pursuant to the
                                    filing of a W&I Code § 827 Petition (JV-570), and
                                    dissemination or use of documents or records shall
                                    be in compliance with the Court’s order on the W&I
                                    Code § 827 Petition.
                       ii.   Inspection of Confidential Documents or Records. With
                             respect to documents or records which are maintained as
                             confidential, inspection requires the filing of a W&I Code §
                             827 Petition (JV – 570) with notice to all parties required.
                             Such confidential documents include, but are not limited to,
                             (1) psychological evaluations; (2) drug treatment
                             assessments and reports; (3) records and reports pertaining
                             to developmental disability and mental health; (4)
                             restraining orders; (5) police reports; (6) medical records;
                             (7) education records; (8) juvenile probation department
                             sexual offender guides; and (9) applications, objections,
                             and/or orders for psychotropic medications.
                             a.     Copies of Confidential Documents or Records.
                                    Copies of confidential documents or records may be
                                    obtained subject to the approval of the Supervising
                                    Judge of the Juvenile Justice Court pursuant to the
                                    filing of a W&I Code § 827 Petition (JV-570).
                                       8
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                    JUVENILE RULES

                                   b.      Dissemination or Use of Confidential Documents or
                                           Records. Dissemination or use of confidential
                                           Juvenile Court documents or records is subject to
                                           the approval of the Supervising Judge of the
                                           Juvenile Justice Court pursuant to the filing of a
                                           W&I Code § 827 Petition (JV-570) and shall be in
                                           compliance with the Court’s order on the W&I
                                           Code § 827 Petition.
(Eff. 7/1/12)

                      d.    When the Probation Department or County Counsel in Santa Clara
                            County is served with notice of a W&I Code § 827 Petition (JV-
                            570) calling for juvenile case file records, and the Probation
                            Department still maintains records about the juvenile, the
                            Probation Department shall continue to maintain and preserve all
                            such records (1) until five years from the date on which the
                            jurisdiction of the Juvenile Court over the juvenile has terminated,
                            or (2) for a period of 180 calendar days following entry of the
                            Court’s order on the § 827 petition, or until all proceedings on the
                            appeal of any § 827 petition have concluded. The longest period
                            of time, above described, shall govern the preservation of
                            probation files.
(Eff. 7/1/11)
                      e.    In all cases in which a person or agency seeks records held by law
                            enforcement, including police reports regarding children who are
                            the subject of Juvenile Court proceedings, the person or agency
                            shall submit a Petition to obtain report of Law Enforcement
                            Agency/Juvenile (JV – 575) to the Court Clerk’s office.
(Eff. 1/1/11)
                      f.    Any dissemination of Juvenile Court documents or records is
                            subject to the approval of the Supervising Judge of the Juvenile
                            Justice Court pursuant to the filing of a W&I Code § 827 Petition
                            (JV-570) unless there is previous authorization to release pursuant
                            to a Standing Order or a Local Rule of Court.
(Eff. 7/1/12)
                      g.    Attorneys or defendants who are involved in a criminal proceeding
                            in Superior Court, Santa Clara County, who seek juvenile
                            documents or records for use in the pending criminal action shall,
                            in addition to filing a W&I Code § 827 Petition in the Juvenile
                            Court, concurrently file a Declaration of Filing of Juvenile Court
                            827 Petition in the criminal case (CR-1000).
(Eff. 7/1/12)

                (2)   ACCESS TO JUVENILE COURT LEGAL FILES BY SIXTH
                      DISTRICT APPELLATE PROGRAM
                                              9
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                      Attorneys and legal assistants from the Sixth District Appellate Program
                      are hereby granted access to Juvenile Court legal files in which an appeal
                      may be taken. The attorneys and legal assistants shall identify themselves
                      to the staff in the Court Clerk’s office, and shall present a Declaration
                      regarding their request. (See attached form JV-2002.) Thereafter they may
                      inspect such files at the Court Clerk’s office.
(Eff. 7/1/08)
                      The Sixth District Appellate Program shall use the information gained
                      from such file inspection solely to determine whether a notice of appeal
                      and/or extraordinary writ should be filed and/or to determine the selection
                      and recruitment of appointed appellate counsel.
                      A copy of the Declaration shall be filed in the Court file.
                (3)   ACCESS TO PSYCHOLOGICAL RECORDS BY JUVENILE HALL
                      MEDICAL DIRECTOR
                      The Medical Director of Juvenile Hall or his/her designee shall be
                      provided a copy of all mental health evaluations of minors housed in
                      Juvenile Hall. If the Probation Officer or Supervising Probation Officer
                      finds that the contents of a diagnostic report rendered by the Division of
                      Juvenile Justice are relevant to the duties of the Medical Director, the
                      Medical Director shall also be provided with a copy of that diagnostic
                      report. Such reports and evaluations shall be used exclusively by the
                      medical personnel in Juvenile Hall and shall not be released to any third
                      parties without Court approval.
(Eff. 7/1/08)

                (4)   DISCOVERY OF JUVENILE DOCUMENTS OR RECORDS –
                      JUVENILE DEPENDENCY
(Eff. 7/1/12)
                      Except as indicated within this Rule, any Standing Orders, or as specified
                      in W&I Code §§ 827 and 828 and CRC 5.552, in all cases in which a
                      person or agency seeks access to Juvenile Court documents or records,
                      including records maintained by the Juvenile Court Clerk or the
                      Department of Family and Children’s Services (“DFCS”), the person or
                      agency shall file a Petition for Disclosure (JV-570) with the Supervising
                      Judge of Juvenile Dependency Court. The person or agency seeking the
                      documents or records shall give notice to all necessary parties (See W&I
                      Code § 827 and JV – 570). The Petition shall set forth with specificity the
                      materials sought and the relevance of the materials to the underlying
                      action. The Petition shall state with specificity the information sought and
                      the relevance to any related legal action, including the specific details of
                      the related legal action. The Petition shall be supported by a declaration of
                      counsel and/or a Petitioner, and if necessary a memorandum of points and
                      authorities.
                                                10
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                JUVENILE RULES
                 Exceptions are as follows:
                 a.     Persons or Agencies specified in W&I Code § 827(a)(1)(A), (E),
                        (F), (H), (I), (J), (L), (M), (N), or (O) [generally court personnel
                        and select governmental agency personnel], or intervening tribal
                        representatives.
                        i.     Inspection of Documents or Records. Documents or
                               records may be inspected without Court authorization.
                        ii.    Copies of Documents or Records.
                               a.      Persons or Agencies specified in W&I Code §
                                       827(a)(1)(A), (E), (F), (H), (I), and (O): documents
                                       or records may be copied without Court
                                       authorization.
                               b.      Persons or Agencies specified in W&I Code §
                                       827(a)(1)( J), (L), (M), (N), or intervening tribal
                                       representatives: Copies of documents or records
                                       may be obtained subject to the approval of the
                                       Supervising Judge of the Juvenile Dependency
                                       Court pursuant to the filing of a W&I Code §827
                                       Petition (JV-570)
                        iii.   Dissemination or Use of Documents or Records. A Petition
                               pursuant to W&I Code §827 is required for dissemination
                               or use of documents or records (JV – 570), and
                               dissemination or use of documents or records shall be in
                               compliance with the Court’s order on the W&I Code § 827
                               Petition. Petitioner shall inspect the Juvenile Court
                               documents or records and temporarily affix a removable tag
                               to each page of the document(s) for which Petitioner seeks
                               a Court order permitting release. The W&I Code § 827
                               Petition (JV – 570) shall identify with particularity, the
                               content of each page which is relevant to the petition and
                               the reasons that the content should be released pursuant to
                               the requirements of CRC 5.552(c) and (e)(6).
                 b.     District Attorney.
                        i.     Inspection of Documents or Records. Documents may be
                               inspected without Court authorization.
                        ii.    Copies of Documents or Records. Documents or records
                               may be copied without Court authorization.

                                         11
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                              JUVENILE RULES
                       iii.   Dissemination or Use of Documents or Records. A Petition
                              pursuant to W&I Code § 827 is required for the
                              dissemination or use of documents or records (JV – 570),
                              and dissemination or use of documents or records shall be
                              in compliance with the Court’s order on the W&I Code §
                              827 Petition. If the District Attorney is seeking copies of
                              Juvenile Court documents or records for dissemination or
                              use, it shall lodge, at the time of the filing of the W&I Code
                              §827 Petition (JV – 570), two copies of the Juvenile Court
                              documents or records requested for release in a sealed
                              envelope marked “confidential” with a notation that the
                              copies are lodged for review by the Court in connection
                              with the W&I Code § 827 Petition. Of the two copies, one
                              set shall be the unredacted version of the original
                              documents selected from the Juvenile Court file, unaltered
                              in any fashion. The second set shall be submitted with
                              redaction of all content that is not relevant to the underlying
                              action for which any document is sought, and redaction of
                              all content that may be inappropriate for release. The
                              Petition shall identify with particularity as to each
                              document, the reasons that the document should be released
                              pursuant to the requirements of CRC 5.552(c) and (e)(6).
                       iv.    District Attorney Obligation Where Petition is Filed by a
                              Party to a Criminal Case. If the District Attorney has
                              informed a party in a criminal case that information
                              relevant to that case may be found in a Juvenile Court
                              record, and the District Attorney is served with a copy of a
                              W&I Code § 827 Petition filed by that party, then not later
                              than ten Court days after service of the petition the District
                              Attorney shall lodge two sets of copies of the relevant
                              documents from the Juvenile Court file with the Court, in
                              the same manner as specified in Rule 1.J(4)(b)(iii) above.
                 c.    Minor, or Parents/Guardians or School Superintendent, or
                       Minor’s Multi-Disciplinary Team.
                       i.     Inspection of Non-Confidential Documents or Records.
                              Declaration for Juvenile Court Records required (JV-2002).
                              These Petitioners as listed in W&I Code §
                              827(a)(1)(C),(D),(G), or (K), shall have the right to inspect
                              non-confidential Juvenile Court documents or records after
                              the filing of a Declaration for Juvenile Court Records


                                        12
RULE 1 – con’t   SUPERIOR COURT OF CALIFORNIA
                    COUNTY OF SANTA CLARA
                        JUVENILE RULES
                        (Juvenile Dependency) (see attached form JV-2002), and
                        Court review.
                        (a)    Copies of Non-Confidential Documents or Records.
                               Copies of non-confidential documents or records
                               may be obtained pursuant to the filing of the JV-
                               2002 for inspection, and after Court review.
                        (b)    Dissemination or Use of Non-Confidential
                               Documents or Records. Dissemination or use of
                               non-confidential Juvenile Court documents or
                               records is subject to the approval of the Supervising
                               Judge of the Juvenile Dependency Court pursuant to
                               the filing of a W&I Code § 827 Petition (JV-570)
                               and shall be in compliance with the Court’s order
                               on the W&I Code §827 Petition (JV – 570).
                  ii.   Inspection of Confidential Documents or Records. With
                        respect to documents or records which are maintained as
                        confidential, inspection requires the filing of a W&I Code §
                        827 Petition (JV – 570) with notice to all parties required.
                        Such confidential documents include, but are not limited to,
                        (1) psychological evaluations; (2) drug treatment
                        assessments and reports; (3) records and reports pertaining
                        to developmental disability and mental health; (4) police
                        reports; (5) medical records; (6) education records; (7)
                        juvenile probation department sexual offender guides; (8)
                        applications, objections, and/or orders for psychotropic
                        medications; (9) criminal records background checks; (10)
                        suspected child abuse reports; and (11) adoption records
                        and/or documents after termination of parental rights.
                        (a)    Copies of Confidential Documents or Records.
                               Copies of confidential documents or records may be
                               obtained subject to the approval of the Supervising
                               Judge of the Juvenile Dependency Court pursuant to
                               the filing of a W&I Code § 827 Petition (JV-570).
                        (b)    Dissemination or Use of Confidential Documents or
                               Records. Dissemination or use of confidential
                               Juvenile Court documents or records is subject to
                               the approval of the Supervising Judge of the
                               Juvenile Dependency Court pursuant to the filing of
                               a W&I Code § 827 Petition (JV-570) and shall be in

                                  13
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                                            compliance with the Court’s order on the W&I
                                            Code §827 Petition.
                      d.     When the DFCS or County Counsel in Santa Clara County is
                             served with notice of a W&I Code § 827 Petition (JV-570) calling
                             for juvenile case file records, and the DFCS still maintains records
                             about the juvenile, the DFCS shall continue to maintain and
                             preserve all such records (1) until five years from the date on
                             which the jurisdiction of the Juvenile Court over the juvenile has
                             terminated, or (2) for a period of 180 calendar days following entry
                             of the Court’s order on the § 827 petition, or until all proceedings
                             on the appeal of any § 827 petition have concluded. The longest
                             period of time, above described, shall govern the preservation of
                             files.
                      e.     In all cases in which a person or agency seeks records held by law
                             enforcement, including police reports regarding children who are
                             the subject of Juvenile Court proceedings, the person or agency
                             shall submit a Petition to Obtain Report of Law Enforcement
                             Agency/Juvenile (JV – 575) to the Court Clerk’s office.
                      f.     Any dissemination of Juvenile Court documents or records is
                             subject to the approval of the Supervising Judge of the Juvenile
                             Dependency Court pursuant to the filing of a W&I Code § 827
                             Petition (JV-570) unless there is previous authorization to release
                             pursuant to a Standing Order or a Local Rule of Court.
                      g.     Attorneys or defendants who are involved in a criminal proceeding
                             in Superior Court, Santa Clara County, who seek juvenile
                             documents or records for use in the pending criminal action shall,
                             in addition to filing a W&I Code § 827 Petition in the Juvenile
                             Court, concurrently file a Declaration of Filing of Juvenile Court
                             827 Petition in the criminal case (Attachment CR-6082).
(EFF. 7/1/12)
                (5)   ACCESS TO COURT FILES BY SANTA CLARA COUNTY
                      VICTIM WITNESS ASSISTANCE CENTER STAFF
                      The Santa Clara County Victim Witness Assistance Center staff shall be
                      permitted to review any Juvenile Court file in which a minor has been
                      committed to the Division of Juvenile Justice and when the minor has a
                      restitution order as a condition of parole. The information gathered from
                      any such review shall be used only with respect to the Victim Witness
                      Assistance Center carrying out its duties with regard to restitution to
                      victims or the State Restitution Fund.
(Eff. 7/1/08)


                                              14
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                       The staff member asking to review the file shall fill out and present a
                       Declaration regarding his/her request. A copy of the Declaration shall be
                       filed in the Court file.
                       The party, counsel or investigator shall fill out and present a Declaration
                       regarding the request for records. (See attached form JV-2002.) A copy
                       of the Declaration shall be filed in the Court file.
(Eff. 7/1/08)

           K.   RELEASE OF INFORMATION RELATING TO JUVENILES BY LAW
                ENFORCEMENT
                Pursuant to the cases of T.N.G. v. Superior Court, 4 Cal.3d 767, and Westcott v.
                County of Yuba, 104 C.A.3d 103, this rule applies to all law enforcement
                agencies and officials in Santa Clara County:
                (1)    IDENTITY OF JUVENILE
                       Do not release your arrest reports or other information in regard to the
                       identity of individual juveniles under the age of 18 who are the subject of
                       Juvenile Court proceedings to the press or other media or to any persons
                       or public agency except as set forth in Rule 1 subdivision (K) (2) of these
                       rules (immediately below).
(Eff. 1/1/05)
                (2)    INFORMATION RE INCIDENT
                       You may release the police report or information in regard to the incident,
                       with exceptions noted, to:
                       a.   The minor, if he is representing himself in a Juvenile Court
                            proceeding, or to his attorney pursuant to the standing Juvenile Court
                            discovery order.
                       b.   The District Attorney of Santa Clara County.
                       c.   The law enforcement agency of minor’s residence.
                       d.   Other law enforcement agencies who require it for criminal
                            investigation or reporting purposes.
                       e.   The Santa Clara County Probation Department.
                       f.   Court personnel.
                       g.   The Santa Clara County Department of Family and Children’s
                            Services.



                                                15
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                      h.   The parents or legal guardian of the minor, unless there is a reference
                           to another minor in the reports. In that situation, the request must be
                           approved by the Juvenile Court.
                      i.   The school attended by the minor.
                      j.   Victims of juvenile crime. They may be given the names and
                           addresses of the persons mentioned in the report, without reference
                           to the status of any minors. The release of further information must
                           be approved by the Juvenile Court.
                      k.   Hospitals, schools, camps, Job Corps or placement agencies which
                           require the information for the placement, treatment or rehabilitation
                           of the minor.
                      l.   The persons entitled there to under Vehicle Code §§ 20008-20012.
                      m.   Any coroner or medical examiner.

                      n.   The name of a minor 14 years of age or older taken into custody for
                           the commission of a serious felony as defined by subdivision (c) of
                           § 1192.7 of the Penal Code, and the offenses allegedly committed
                           may be released at the request of any interested party if a hearing has
                           commenced that is based upon a petition that alleges that the minor
                           is a person within the description of §602. (W & I Code § 827.5.)
                (3)   COMMISSION OF FELONY
                      After your department received notice of the disposition of the case, if the
                      minor was found by the Court to have committed a felony, you may send
                      the usual information to the CII, FBI or other police agencies within
                      California, but to no other persons or agencies (except as otherwise
                      authorized herein).
                (4)   CONTENTS OF REPORTS
                      Note that the order does not prohibit release of information by law
                      enforcement agencies about crimes or the contents of arrest reports, except
                      insofar as they disclose the identity of the juvenile subject of Juvenile
                      Court proceedings.
                (5)   CORONER’S REPORTS
                      This order does not apply to Coroner’s reports.
(Eff. 7/1/95)




                                               16
RULE 1 – con’t           SUPERIOR COURT OF CALIFORNIA
                            COUNTY OF SANTA CLARA
                                    JUVENILE RULES
           L.   AUTHORIZATION FOR USE OF PSYCHOTROPIC DRUGS
                    If a child is adjudged a dependent child of the Court under W & I Code
                    § 300 and the child has been removed from the physical custody of the
                    parent under W & I Code § 361, or if a child is adjudged to be a ward of
                    the Court on the basis that he or she is a person described in W & I Code
                    § 602 and is removed from the physical custody of the parent and placed
                    in foster care as defined in W & I Code § 727.4, only a Juvenile Court
                    judicial officer shall have the authority to make orders regarding the
                    administration of psychotropic medications for the minor. The Juvenile
                    Court judicial officer may issue a specific order delegating this authority
                    to a parent upon appropriate findings. Court authorization for the
                    administration of psychotropic medication shall be based on a request
                    from a physician in compliance with W & I Codes §§ 369.5 and 739.5.
(Eff. 7/1/10)
                    Pursuant to CRC 5.640(h), in all cases concerning the administration of
                    psychotropic medications for a child declared a ward of the Court under W
                    & I Code § 602 and removed from the custody of the parent or guardian
                    for placement in a facility that is not considered a foster care placement,
                    the parent or guardian shall continue to have the authority to authorize the
                    administration of psychotropic medications. However, if the parent or
                    guardian is unwilling or unable to make decisions concerning the
                    administration of psychotropic medications, the decision shall be made by
                    Juvenile Court judicial officers and the procedures outlined in W & I Code
                    § 739.5 and Judicial Council forms JV 219 through 223 shall be utilized.
                    In all cases where a minor is in custody in Santa Clara County before
                    wardship, the parent or guardian shall continue to have the authority to
                    authorize the administration of psychotropic medications. However, if the
                    parent or guardian is unwilling or unable to make decisions concerning the
                    administration of psychotropic medications, in accordance with the
                    Juvenile Court judicial officers’ duty to review, order, and enforce the
                    delivery of services and to secure for the minor the care and discipline as
                    nearly as possible equivalent to that which should have been given by his
                    or her parents consistent with his or her best interest, the decision shall be
                    made by the Juvenile Court judicial officers. See W&I Code § 202 and
                    Standards of Judicial Administration, Standard 24 (e)(3). The procedures
                    outlined in W & I Code § 739.5 and Judicial Council forms JV 219
                    through 223 shall be utilized.
(Eff. 1/1/10)
                    a.     INITIATION OR CHANGES IN MEDICATION
                           The Court finds that immediate and special mental health
                           intervention may be necessary for disturbed, psychotic, depressed

                                              17
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                               JUVENILE RULES
                       or suicidal minors who are impacted by the unusual life situations
                       and the stress of institutional placements. Accordingly, the
                       administering psychiatrist shall have the discretion to initiate the
                       use of psychotropic drugs as provided by CRC 5.640(g) while
                       attempting to obtain parental or guardian consent or Court
                       authorization if, after weighing the risks and benefits of such
                       medication, the psychiatrist concludes there is no significant risk of
                       irreversible side effects. However, in all cases where consent from
                       a parent or guardian has not been obtained or the Court has
                       retained the right to make the decision, the administering
                       psychiatrist shall approach the Court as soon as possible but never
                       more than two court days after administering the psychotropic
                       medication, utilizing the procedure to obtain authorization set forth
                       in CRC 5.640 (c).
(Eff. 1/1/10)
                       If the administering psychiatrist learns that the parent, guardian or
                       attorney for the child objects to the utilization of such drugs, the
                       matter shall be set for hearing before a Juvenile Court judicial
                       officer on an expedited basis.
(Eff. 1/1/10)
                 b.    The psychotropic medication authorization by the Juvenile Court
                       shall be reviewed by the Juvenile Court judicial officer to
                       determine that it is still necessary and proper unless the Court has
                       previously delegated authority to the parents for the administration
                       of psychotropic medications. If any party objects to the continued
                       use of the medication, the Juvenile Court judicial officer shall set it
                       for a hearing on an expedited basis. Further, pursuant to CRC
                       5.640(f), any order for authorization by the Court is effective until
                       terminated or modified by the Court, or until 180 calendar days
                       from the order, whichever is earlier.
(Eff. 1/1/09)

                 c.    CONTINUATION OF MEDICATION UPON CHANGE IN
                       PLACEMENT
                       Whenever a dependent child of the Court, or minor in placement at
                       the Children’s Shelter, is moved to a new placement or to a facility
                       pursuant to W & I Code § 5000, et seq., and the child is receiving
                       prescribed medication, the medical or other supervisor at the new
                       placement may continue to administer that medication under
                       supervision of the medical staff or the child’s physician. No
                       further order of the Court is required and the child’s medication is
                       not to be abruptly discontinued for lack of such an order.


                                         18
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       JUVENILE RULES
                       d.      This rule does not override any inherent authority a physician may
                               have to provide treatment and care in emergency situations.
                               (Cal.Code Regs., Title 9, § 853.)
           M.   LINE-UPS
                No minor who is detained in any County facility (Juvenile Hall, Juvenile
                Rehabilitation Facility or Children’s Shelter) in Santa Clara County or who has a
                pending court hearing shall participate in any line-up conducted by law
                enforcement or probation without Court authorization. Authorization shall be
                sought by noticed motion before the Supervising Judge of the Juvenile Justice
                calendar if the minor is pending a juvenile justice matter, or before the
                Supervising Judge of the dependency calendar if the minor is pending a
                dependency matter. All parties shall receive notice of any such motion.
(Eff. 1/1/10)
           N.   EDUCATIONAL RIGHTS IN JUVENILE COURT
                (1)    At every hearing in Dependency and Juvenile Justice Court, including
                       detention, jurisdiction, and disposition hearings, as well as all review
                       hearings, the Court, to the extent that information is available, must
                       consider who holds the educational rights of the minor and whether the
                       parent or guardian’s educational rights should be limited, and whether the
                       Court shall reserve those rights, appoint a responsible adult, or appoint an
                       educational representative.
(Eff. 1/1/10)
           O.   INSPECTION OF LAW ENFORCEMENT LOCK-UPS
                Pursuant to W & I Code § 209, the Juvenile Justice Commission shall conduct an
                annual inspection of all law enforcement facilities in Santa Clara County which
                contain a lockup for adults which, in the preceding year, was used for the secure
                detention of any minor.
                The results of each inspection shall be presented in writing to the Presiding Judge
                of the Juvenile Court or the Supervising Judge of the Juvenile Justice Court
                during the calendar year.
(Eff. 1/1/10)

           P.   LOCAL RULES RELATING TO CHILD ADVOCATES
                (1)    THE ADVOCATE PROGRAM
                       The Juvenile Court may appoint child advocates to represent the interests
                       of dependent or juvenile justice children. In order to qualify for
                       appointment the child advocate must be trained by and function under the
                       auspices of a Court appointed special advocate program, formed and
                       operating under the guidelines established by the California Judicial
                       Council (W & I § 356.5).
(Eff. 7/1/11)

                                                19
RULE 1 – con’t         SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 JUVENILE RULES
                  The advocate program shall report regularly to the Presiding Judge of the
                  Juvenile Court with evidence that it is operating under the guidelines
                  established by the National Court Appointed Special Advocate
                  Association and the California State Guidelines for Child Advocates.

            (2)   CHILD ADVOCATES
                  a.     ADVOCATES’ FUNCTIONS
                         Advocates serve at the pleasure of the Court having jurisdiction
                         over the proceeding in which the advocate has been appointed. In
                         general, an advocate’s functions are as follows:
                         i.      to support the child throughout the Court proceedings;
                         ii.     to establish a relationship with the child to better
                                 understand his or her particular needs and desires;
                         iii.    to communicate the child’s needs and desires to the Court
                                 in written reports and recommendations;
                         iv.     to identify and explore potential resources which will
                                 facilitate early family reunification or alternative
                                 permanency planning;
                         v.      to provide continuous attention to the child’s situation to
                                 ensure that the Court’s plans for the child are being
                                 implemented;
                         vi.     to the fullest extent possible, to communicate and
                                 coordinate efforts with the case manager (probation
                                 officer/social worker);
                         vii.    to the fullest extent possible, to communicate and
                                 coordinate efforts with the child’s attorneys; and
                         viii.   to investigate the interests of the child in other judicial or
                                 administrative proceedings outside Juvenile Court; report to
                                 the Juvenile Court concerning same; and, with the approval
                                 of the Court, offer his/her services on behalf of the child to
                                 such other Courts or tribunals.
                  b.     SWORN OFFICER OF THE COURT
                         An advocate is an officer of the Court and is bound by these rules.
                         Each advocate shall be sworn in by a Superior Court
                         Judge/Referee/Commissioner before beginning his/her duties, and

                                           20
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                               JUVENILE RULES
                       shall subscribe to the written oath set forth in attached form JV -
                       2003.
(Eff. 7/1/08)
                 c.    SPECIFIC DUTIES
                       The Court shall, in its initial order of appointment, and thereafter
                       subsequent order as appropriate, specifically delineate the
                       advocate’s duties in each case, which may include independent
                       investigation of the circumstances of the case, interviewing and
                       observing the child and other appropriate individuals, reviewing
                       appropriate records and reports, consideration of visitation rights
                       for the child’s grandparents and other relatives, and reporting back
                       directly to the Court as indicated. If no specific duties are outlined
                       by Court order, the advocate shall discharge his/her obligation to
                       the child and the Court in accordance with the general duties set
                       forth in these rules.
                 d.    PROCEDURES IN JUVENILE JUSTICE CASES
(Eff 1/1/10)
                       i.     A request for appointment of a child advocate in a juvenile
                              justice case may be made orally or in writing in open court
                              or ex parte by the probation officer or any party to the case,
                              or by the Court on its own motion. If the Court grants the
                              request, it shall order that the case be referred to Court
                              Appointed Child Advocates (CASA) for screening. (See
                              attached form JV-2001.) The order shall be transmitted to
                              CASA by the courtroom clerk.
(Eff. 1/1/10)
                       ii.    When CASA receives a referral, it shall screen it, and if it
                              determines that the minor is a suitable subject for the
                              appointment of a child advocate and if there is a suitable
                              child advocate available for appointment, CASA shall
                              complete an application for the appointment of a designated
                              child advocate and present the application ex parte to the
                              referring court which may then grant the application or set
                              the matter for hearing. (See attached form JV-2004.)
(Eff. 7/1/08)
                       iii.   When the Court grants the application for appointment of a
                              child advocate (either at the time of application or after
                              hearing), CASA shall prepare and present to the Court an
                              order appointing the child advocate. (See attached form
                              JV-2005.)
                       iv.    Any party to the proceeding may petition the Court for a
                              hearing to reconsider the appointment.

                                         21
RULE 1 – con’t        SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                              JUVENILE RULES
                       v.     A child advocate may petition the Court to set the minor’s
                              case for a review hearing. (See attached form JV-2009.)
(Eff. 7/1/08)
                       vi.    The child advocate serves at the pleasure of the Court, and
                              the appointment of the child advocate may be terminated
                              by the Court. Any party or the Director of the Child
                              Advocate Program may file a motion for termination of a
                              child advocate. The Court will determine whether there
                              will be a hearing on such a motion. (See attached form JV -
                              2006.)
(Eff. 7/1/08)
                       vii.   Any child advocate with a grievance concerning
                              termination may petition the Court for a hearing. Such
                              petition shall include facts indicating that the child
                              advocate has exhausted all remedies available to him or her
                              within the child advocate program. The Court will
                              determine whether there shall be a hearing on such a
                              petition.
                 e.    PROCEDURES IN DEPENDENCY CASES (W & I CODE § 300)
                       i.     A request for appointment of a child advocate in a
                              dependency case may be made orally or in writing in open
                              court or ex parte by the social worker, any party to the case
                              or by the Court on its own motion. Unless there is
                              opposition, the referral shall be forwarded to the child
                              advocate office for screening and assignment.
                       ii.    When an appropriate child advocate has been identified,
                              that person’s name shall be submitted to the Court for
                              appointment. (See attached form JV-2007.)
(Eff. 7/1/08)
                       iii.   Any party to the case may petition the Court for a hearing
                              to reconsider the appointment.
                       iv.    The child advocate serves at the pleasure of the Court, and
                              the appointment of the child advocate may be terminated
                              by the Court. Any party or the Director of the Child
                              Advocate Program may file a motion for termination of a
                              child advocate. The Court will determine whether there
                              will be a hearing on such a motion. (See attached form JV-
                              2006.)
(Eff. 7/1/08)
                       v.     Any child advocate with a grievance concerning
                              termination may petition the Court for a hearing. Such
                              petition shall include facts indicating that the child
                                        22
RULE 1 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                    JUVENILE RULES
                                   advocate has exhausted all remedies available to him or her
                                   within the Child Advocate program. The Court will
                                   determine whether there shall be a hearing on such a
                                   petition.
                (3)   RELEASE OF INFORMATION TO ADVOCATE
                      a.    TO ACCOMPLISH APPOINTMENT
                            To accomplish the appointment of an advocate, the Judge/
                            Referee/Commissioner making the appointment shall sign an order
                            granting the advocate the authority to review specific relevant
                            documents. In addition, the advocate will have the authority to
                            interview parties involved in the case and other persons having
                            significant information relating to the child. The advocate shall
                            have the same authority as any other officer appointed to
                            investigate proceedings on behalf of the Court.
(Eff. 7/1/08)
                      b.    ACCESS TO RECORDS
                            An advocate shall have the same legal right to records relating to
                            the child he/she is appointed to represent as any case manager
                            (social worker or probation officer) with regard to records
                            pertaining to the child held by any agency, school, organization,
                            division or department of the State, physician, surgeon, nurse,
                            other health care provider, psychologist, psychiatrist, mental health
                            provider or law enforcement agency. The advocate shall present
                            his or her identification as a Court-appointed advocate to any such
                            record holder in support of his/her request for access to specific
                            records. No consent from the parent or guardian is necessary for
                            the advocate to have access to any records relating to the child.
                      c.    REPORT OF CHILD ABUSE
                            An advocate is a mandated child abuse reporter with respect to the
                            case to which he/she is appointed.
                      d.    COMMUNICATION
                            There shall be ongoing, regular communication concerning the
                            child’s best interests, current status, and significant case
                            developments maintained among the advocate, case manager,
                            child’s attorney, attorneys for parents, relatives, foster parents and
                            any therapist for the child.



                                              23
RULE 1 – con’t            SUPERIOR COURT OF CALIFORNIA
                             COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                (4)   RIGHT TO TIMELY NOTICE
                      In any motion concerning the child for whom the advocate has been
                      appointed, the moving party shall provide the advocate timely notice.
                (5)   CALENDAR PRIORITY
                      In light of the fact that advocates are rendering a volunteer service to
                      children and the Court, matters on which they appear should be granted
                      priority on the Court’s calendar, whenever possible.
                (6)   VISITATION THROUGHOUT DEPENDENCY
                      Child Advocates shall have the right to regular unsupervised contact with
                      the child. An advocate shall visit the child regularly until the child is
                      secure in a permanent placement. Thereafter, the advocate shall monitor
                      the case as appropriate until dependency is dismissed.
(Eff. 1/1/05)
                (7)   FAMILY LAW ADVOCACY
                      Should the Juvenile Court dismiss dependency and create family law
                      orders pursuant to W & I Code § 362.4, the advocate’s appointment may
                      be continued in the family law proceeding, in which case the Juvenile
                      Court order shall set forth the nature, extent and duration of the advocate’s
                      duties in the family law proceeding.
                (8)   RIGHT TO APPEAR
                      An advocate shall have the right to be present and be heard at all Court
                      hearings, and shall not be subject to exclusion by virtue of the fact that
                      he/she may be called to testify at some point in the proceedings. An
                      advocate shall not be deemed to be a “party”, as described in Title 3 of
                      Part II of the Code of Civil Procedure. However, the Court, in its
                      discretion, shall have the authority to grant the advocate amicus curiae
                      status, which includes the right to appear with counsel.
(Eff. 7/1/96)




                                               24
                           SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                      JUVENILE RULES
RULE 2          RULES RELATING TO DEPENDENCY

           A.   DE FACTO PARENTS/RELATIONS/INTERESTED PERSONS

                (1)    DE FACTO PARENTS
                       Upon a sufficient showing the Court may recognize the child’s present or
                       previous custodians as de facto parents and grant standing to participate as
                       parties in dispositional hearings and any hearings thereafter at which the
                       status of the dependent child is at issue. The person seeking de facto
                       parent status shall file a noticed motion before the Court setting out the
                       reasons in support of the motion, unless the Court shall for good cause
                       permit an oral motion to be made. (Judicial Council form JV-295-298).
(Eff. 1/1/05)
                       The de facto parent shall have the rights outlined in CRC 5.534(e). The de
                       facto parent shall be able to have access to and inspect and copy only
                       those juvenile court records authorized by the Court.
(Eff. 7/1/08)
           B.   MOTION TO CHALLENGE LEGAL SUFFICIENCY OF PETITION
                In any dependency proceeding, the Court may entertain a pre-hearing challenge to
                the petition’s sufficiency by a motion akin to a demurrer. Such a motion may be
                made in writing or orally, but must be made as early in the proceedings as
                possible.
                The Court may rule on the motion at the hearing at which it is made, or may
                continue the hearing on the motion to another date in order to receive points and
                authorities from counsel.
                If the Court sustains the motion, the Court may grant leave to amend the pleading
                in the petition upon any terms as may be just and shall fix the time within which
                the amendment or amended petition shall be filed within the statutory time for the
                hearing on jurisdiction.
                                               In re Fred J. (1979) 89 Cal.App.3d 168 CCP 472(a).
(Eff. 1/1/95)

           C.   PRESENTATION OF EVIDENCE
                (1)    OFFERS OF PROOF
                       The party presenting evidence may utilize an offer of proof with regard to
                       any witness. Other parties shall have an opportunity to examine the
                       witness after any offer of proof is made.




                                                25
RULE 2 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                    JUVENILE RULES
           D.   REPRESENTATION OF PARTIES (W&IC Code §§ 317, 317.6, CRC 5.660)
(Eff. 7/1/08)
                (1)   EXPERIENCE, TRAINING AND EDUCATION OF ATTORNEYS
                      a.     GENERAL COMPETENCY REQUIREMENT
                             All court-appointed attorneys appearing in juvenile dependency
                             proceedings must meet the minimum standards of competence set
                             forth in these rules.
                      b.     STANDARDS OF EDUCATION AND TRAINING
                             i.    Each court-appointed attorney appearing in a dependency
                                   matter before the Juvenile Court shall complete the
                                   following minimum training and educational requirements.
                                   The attorney shall have either:
                                   -      Participated in at least 36 hours of training and
                                          education in juvenile dependency law and practice,
                                          which training shall have included comprehensive
                                          information on §§ 202, 213.5, 214, 241.1, 281.5,
                                          300 et seq.; Family Code §7900 et seq. (Interstate
                                          Compact), and § 7600 et seq. (Uniform Parentage
                                          Act); Education Code §5000 et seq. (Special
                                          Education Programs); 8 United States Code (USC)
                                          § 1101 (Special Immigrant Status for
                                          Undocumented Dependent Children), 25 USC
                                          § 1901 et seq. (Indian Child Welfare Act), 28 USC
                                          § 1738 (Parental Kidnapping Prevention Act), and
                                          42 USC § 620 et seq. and § 670 et seq. (Adoption
                                          and Safe Families Act); the California Rules of
                                          Court, Local Rules of Court, the rules of evidence
                                          as set forth in the California Evidence Code, and the
                                          applicable case law as well as practical training on
                                          Judicial Council forms, motions, writs and
                                          mediation, family group conferencing, team
                                          decision making, the Family to Family initiative,
                                          domestic violence projects (the Greenbook Project,
                                          for example), child development, child abuse and
                                          neglect, family reunification and preservation,
                                          restraining orders, rights of de facto parents,
                                          reasonable efforts, or
(Eff. 1/1/05)
                                   -      At least six months of experience within the last 12
                                          months in dependency proceedings in another
                                          county in which the attorney has had primary
                                             26
RULE 2 – con’t        SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                               JUVENILE RULES
                                      responsibility for representation of his or her clients
                                      in said proceedings. In determining whether the
                                      attorney has demonstrated competence, the Court
                                      shall consider whether the attorney’s performance
                                      has substantially complied with the requirements of
                                      these rules.
(Eff. 1/1/05)
                        ii.    Each court-appointed attorney who practices before the
                               Juvenile Dependency Court shall complete within every
                               one year period at least 12 hours of continuing education
                               related to dependency proceedings. Evidence of completion
                               of the required number of hours of training or education
                               shall be retained by the attorney and may include a copy of
                               a certificate of attendance issued by a California MCLE
                               provider or a certificate of attendance issued by a
                               professional organization which provides training and/or
                               education for its members, whether or not it is a MCLE
                               provider. Attendance at a Court sponsored or approved
                               program will also fulfill this requirement.
(Eff. 1/1/05)
                        iii.   The attorney’s continuing training or education shall be in
                               the areas set forth in subdivision I of this rule (immediately
                               above).
(Eff. 1/1/05)
                        iv.    To enhance the practice of law before the Juvenile
                               Dependency Court of this County, and to recognize the
                               unique qualities of juvenile dependency law, a standing
                               committee of the Juvenile Court shall review and
                               recommend modifications to these rules in the areas of
                               training, education and standards of representation.
                 c.     STANDARDS OF REPRESENTATION
                        All court-appointed attorneys appearing in dependency
                        proceedings shall meet the following minimum standards of
                        representation:
                        i.     Attorneys are expected to meet regularly with clients,
                               including clients who are children, to contact social
                               workers and other professionals associated with the client’s
                               case, to work with other counsel and the Court to resolve
                               disputed aspects of a case without hearing, and to adhere to
                               the mandated time lines.



                                         27
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                              ii.    If the client is a child, the attorney or attorney’s agent
                                     should have contact with the client prior to each hearing.
                                     The attorney or attorney’s agent shall interview all children
                                     four years of age or older in person unless it is
                                     impracticable. Whenever possible, the child shall be
                                     interviewed at the child’s placement. The attorney or
                                     attorney’s agent should also interview the child’s caretaker,
                                     particularly when the child is under four years of age.
                              iii.   If the client is not the child, the attorney or attorney’s agent
                                     shall interview the client at least once prior to the
                                     jurisdictional hearing unless that client is unavailable.
                                     Thereafter, the attorney or the attorney’s agent shall contact
                                     the client at least once prior to each hearing unless that
                                     client is unavailable.
                       d.     COST FOR APPOINTED COUNSEL
                              Pursuant to WIC 903.l, a parent/guardian or person responsible for
                              support of a minor is liable for the costs of appointed counsel for a
                              parent/guardian and minor in Dependency Court. For each matter
                              before the Court the parent/guardian shall fill out the
                              Acknowledgement re Right to Counsel form (JV-2022). If
                              applicable, the parent/guardian shall also fill out the Advisement
                              and Waiver of Right to Counsel (JV-2023). At a financial hearing,
                              the judge shall assess the repayment amount after a review of the
                              Financial Declaration (JV-2020). An Order on Assessment and
                              Repayment of Attorney Fees (JV-2021) shall be prepared and
                              served on the responsible party and appointed counsel at the
                              conclusion of a financial hearing.
(Eff. 7/01/12)
                 (2)   COMPLAINTS
                       a.     Any party to a juvenile proceeding may lodge a written complaint
                              with the Court concerning the performance of his/her appointed
                              attorney in a Juvenile Court proceeding as follows:
                              i.     Complaints or questions shall initially be referred to that
                                     attorney’s supervisor within the agency, association or law
                                     firm appointed to represent the client.
                              ii.    If the issue remains unresolved or if there is no designated
                                     agency, association or law firm, the party may submit a
                                     written complaint to the Court in which the matter is
                                     pending. The Court shall within 10 days conduct its own
                                     review of the complaint or question. That review may
                                                28
RULE 2 – con’t            SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                    JUVENILE RULES
                                   include a hearing in chambers. The Court may take any
                                   appropriate action required, including relieving counsel and
                                   appointing new counsel and/or holding a formal hearing on
                                   the matter.
                     b.     In the case of a complaint concerning the performance of an
                            attorney appointed to represent a minor, the complaint may be
                            lodged by the child or on the child’s behalf by the social worker, a
                            caretaker, a relative, a foster parent, or a child’s advocate.

               (3)   INFORMING THE COURT OF THE INTEREST OF THE CHILD
                     At any time during the pendency of a dependency proceeding, any
                     interested person may notify the Court that the minor who is the subject of
                     the proceeding may have an interest or right that needs to be protected or
                     pursued.
                     a.     This may be done by filing a petition to modify a previous order,
                            under W & I Code § 388 (JV-180). The petition shall set forth the
                            nature of the interest or right to be protected and the action on the
                            child’s behalf that is being requested.
(Eff 7/1/08)
                     b.     If counsel for the child becomes aware that the child may have a
                            right or interest that needs to be protected or pursued in another
                            judicial or administrative forum, counsel for the child shall notify
                            the Court in the manner indicated above as soon as it is reasonably
                            possible to do so.
                     c.     The Court upon receiving such notification may make any orders
                            that are appropriate to protect the rights of the child, including, but
                            not limited to:
                            i.     Determining if the child’s attorney is willing and able to
                                   pursue the matter on the child’s behalf. If the Court finds
                                   that the child’s attorney is willing and qualified to initiate
                                   and pursue appropriate action, it may make any orders
                                   necessary to facilitate this representation;
                            ii.    Appoint counsel for the child specializing in the practice
                                   before the agency or court in which the proceeding will
                                   occur.
                            iii.   Appoint a guardian ad litem for the child to initiate or
                                   pursue the proposed action;
                            iv.    Join an administrative agency to the Juvenile Court
                                   proceedings pursuant to W & I Code § 362;
                                              29
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                              v.      Take any other action to protect the interest and rights of
                                      the child.
                       d.     The person filing the W & I Code § 388 petition or an Application
                              for Order and Order re Interest of the Child shall serve a copy of
                              the notice on each of the parties or their attorneys, the child
                              advocate and others as prescribed by law. Notice may be dispensed
                              with upon Order of the Court.
(Eff. 7/1/96)

           E.   ACCESS TO MINORS PETITIONED PURSUANT TO W & I CODE § 300
                No party or attorney (other than the social worker) in a dependency proceeding
                shall interview the minor about the events relating to the allegations in the
                petition(s) on file without permission of the minor’s attorney or Court order.
(Eff. 1/1/05)
                No party or attorney in a dependency proceeding shall cause the minor to undergo
                a physical, medical or mental health examination or evaluation except as
                authorized by law.
(Eff. 1/1/05)
                The Court shall make the selection of the person to perform any such
                examination. Each party shall have the right to notice and to be heard on the
                person to be selected.
                (1)    INTERVIEWING MINORS WHO ARE ALLEGED VICTIMS OF
                       CHILD ABUSE
                       All dependency investigators in the Probation Department and the
                       Department of Family and Children’s Services, all attorneys representing
                       parties in a dependency case in which child abuse has been alleged and
                       other participants in the case, including a child advocate, shall attempt to
                       minimize the number of interviews they take of the minor relating to the
                       events surrounding the alleged abuse. To this end anyone wishing to learn
                       facts about the alleged incident shall first review the comprehensive
                       interview taken by the investigating officer.
                (2)    PRESENCE OF CHILD IN COURT
                       All children are entitled to attend Court hearings. Every child four years
                       or older shall be told of his or her right to attend Court hearings by the
                       investigating/supervising social worker and attorney for the child.
(Eff. 1/1/05)
                       All children are entitled and encouraged to come to Court. However, their
                       appearance may be excused for any of the following reasons:
(Eff. 1/1/05)
                       a.     the minor’s attorney waives the minor’s appearance;
                       b.     the minor chooses not to attend;
                                                30
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                       c.     the minor is excused by the Court;
                       d.     the child is hospitalized or physically unable to attend.
                       If the child is present, the judicial officer hearing the case may view and
                       speak with the child.
(Eff. 1/1/05)
                 (3)   NOTICE RE CHANGE IN PLACEMENT
                       In order to ensure that proper notice is received by attorneys for parents
                       and children of any change in a child’s placement after the original
                       dispositional hearing:
                       a.     In non-emergency situations, the Department shall give notice at
                              least five working days prior to the change in placement.
                       b.     Prior to removal of a child from one county to another, the
                              Department shall provide notice at least 14 calendar days unless
                              emergency circumstances prevent such notice.
(Eff. 1/1/05)
                       c.     In emergency circumstances the Department shall give notice
                              immediately following the child’s change in placement.
(Eff. 1/1/05)
                       d.     Notice may be given in writing or orally and by telephone.
(Eff. 1/1/95)
           F.    CREATION OF A FAMILY COURT ORDER IN JUVENILE COURT
                 (1)   PETITION FOR DISMISSAL
                       Whenever any interested party believes that Juvenile Court intervention on
                       behalf of a child is no longer necessary, application may be made to the
                       Juvenile Court pursuant to W & I Code § 388 or at any regularly
                       scheduled hearing to have the case dismissed.
(Eff. 7/01/12)
                 (2)   JUVENILE COURT CUSTODIAL ORDER
                       If the Juvenile Court determines that jurisdiction of the Juvenile Court is
                       no longer necessary for the protection of the child, the Court may create a
                       custodial order on Judicial Council Form JV-200 consistent with the needs
                       of the child and thereafter dismiss the juvenile petition and case (W & I
                       Code §§ 361.2, 362.4). Any party may object to the proposed dismissal
                       and be heard on the issues.
(Eff. 1/1/05)
                       Requests to modify the juvenile custody order within one year of the
                       dismissal of the juvenile petition and the issuance of the custodial order on
                       Judicial Council Form JV-200, shall be returned to the issuing juvenile
                       judge for hearing to ensure there is a significant change in circumstances
                       to warrant modification of that order as set forth in Welfare and
                                                31
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                       Institutions Code § 302(d). The juvenile judge shall sit as a family judge
                       for purposes of hearing the motions regarding modification of custody
                       and/or visitation. Thereafter, any future litigation relating to the custody,
                       visitation and control of the child shall be heard in the Family Court.
(Eff. 7/01/12)
                 (3)   MAINTENANCE OF ORDERS IN COURT FILES
                       a.     JUVENILE COURT
                              The original court order shall be filed in the Family Court or civil
                              file and endorsed copies shall be filed in the Juvenile Court file. A
                              copy of the endorsed-filed order shall be mailed to the attorneys
                              and parties.

                       b.     SUPERIOR COURT
                              If no Court file exists in the Family Court or other Superior Court
                              division or in any other jurisdiction, the Court Clerk shall create a
                              file under the names of the child’s parents. The file shall contain a
                              copy of the Juvenile Court order. There shall be no filing fee.
                              W & I Code § 362.4.
(Eff. 1/1/04)

           G.    GUARDIANS AD LITEM
                 (1)   FOR PARENTS
                       a.     The Court shall appoint a guardian ad litem to represent any
                              incompetent parent or guardian whose child is before the Juvenile
                              Court pursuant to a dependency petition (W & I Code § 300 et
                              seq.). The determination of incompetency may be made by the
                              Court at any time in the proceeding based upon evidence
                              received from any interested party.
                       b.     The parent or guardian must be present in Court for the informal
                              closed proceeding, and the Court must explain the proceeding to
                              the parent or guardian in plain language. If the Court finds by a
                              preponderance of the evidence that the parent or guardian does not
                              understand the nature or consequences of the proceeding, or that
                              the parent or guardian cannot assist their attorney in the
                              preparation of their case, then the Court shall appoint a guardian ad
                              litem.
(Eff. 1/1/05)
                       c.     The guardian ad litem’s role is to protect the rights of the ward.
                              He or she has the right to control the litigation on behalf of the
                              ward. Among the guardian’s powers are the rights to compromise
                              or settle the action, to control the procedural steps incident to the
                                                32
RULE 2 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                             conduct of the litigation, and, with the approval of the Court, to
                             make stipulations or concessions that are binding on the ward,
                             provided they are not prejudicial to the ward’s interests. The
                             guardian ad litem’s role is more than an attorney’s but less than a
                             party’s. The guardian ad litem may make tactical and even
                             fundamental decisions affecting the litigation, but always with the
                             interest of the ward in mind. However, the guardian may not
                             compromise fundamental rights, including the right to trial,
                             without some countervailing and significant benefit.
(Eff. 7/1/08)
                (2)   NOTICE TO GUARDIANS AD LITEM, ACCESS TO RECORDS,
                      RIGHT TO APPEAR
                      a.     In all proceedings the guardian ad litem shall be given the same
                             notice as any party.
                      b.     The guardian ad litem shall have the same access to all records
                             relating to the case as would any party.
                      c.     The guardian ad litem shall have the right to appear at all hearings.
(Eff. 7/1/96)
           H.   PARENTAL VISITATION
                (1)   VISITATION BEFORE DETENTION HEARING
                      a.     Any child taken into temporary custody shall have supervised
                             visitation with one or both parents or guardians before the
                             detention hearing takes place unless the social worker has a
                             reasonable belief that the child or his or her temporary custodian
                             would be endangered by the disclosure of the child’s exact
                             whereabouts or that the disclosure would cause the custody of the
                             child to be disturbed (W & I Code § 308).
                      b.     Whenever a child is taken into temporary custody, the social
                             worker shall inform the parent or guardian of the child’s condition
                             and his or her general location and offer supervised visitation
                             pursuant to subdivision a. (immediately above).
(Eff. 1/1/05)
                      c.     Immediately after a child is taken into temporary custody the social
                             worker shall ensure that the child has regular telephone contact
                             with his or her parent pursuant to W & I Code § 308, unless that
                             contact would be detrimental to the child.
                      d.     If the social worker fails to follow the procedures listed in
                             subdivision a. (immediately above), he or she shall note the
                             reasons therefore in the papers prepared for the detention hearing.
(Eff. 1/1/05)

                                               33
RULE 2 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                (2)   VISITATION AFTER DETENTION HEARING
                      a.     The determination of the right to visitation, the length of any
                             visitation, whether any visitation will be supervised, and the
                             frequency of visitation are a part of the judicial function and must
                             be made by the Court. The implementation and administration of
                             the Court’s order, however, may be delegated to the social worker.
                             These ministerial tasks that may be delegated to the social worker
                             include the time, place and manner of visitation. The Court may
                             also delegate discretion to the social worker to increase the
                             frequency and duration of the visits, and to permit unsupervised
                             visits (sometimes with the explicit condition that the attorney for
                             the minor be given notice). The Court’s order cannot, however,
                             delegate to the social worker, the child’s therapist, or other person
                             unlimited discretion to determine whether visitation shall occur.
(Eff. 1/1/05)
                      b.     Absent exigent circumstances indicating detriment to the child,
                             only the Court may reduce visits for a parent. Juvenile Court
                             visitation orders may be modified by an application for
                             modification pursuant to W & I Code § 388 or by Application and
                             Order, or by motion of a party at a regularly scheduled review
                             hearing.
(Eff. 1/1/05)
                      c.     Visitation should be as frequent as possible, consistent with the
                             well-being of the child.
(Eff. 1/1/05)
           I.   JUDICIALLY SUPERVISED SETTLEMENT CONFERENCES AND
                LONG CAUSE TRIALS

                (1)   Where the Court has set a date for a judicially supervised settlement
                      conference or a long cause trial, the child’s attorney shall interview the
                      child, make an assessment of all relevant circumstances and determine
                      whether the child will be called as a witness. The child’s attorney must
                      advise the Court and the parties whether the child will be a witness no
                      later than two court days before the date of the judicially supervised
                      settlement conference or long cause trial.
                (2)   If the child is 10 years of age or older, the child’s attorney must inform the
                      child of the date of the judicially supervised settlement conference or long
                      cause trial and of the child’s right to attend the proceeding.
                (3)   If DFCS has changed any of its recommendations since it last provided the
                      Court and parties with its recommendations, the DFCS must provide the
                      Court and the parties with notice of its revised recommendations no later
                      than three court days prior to the date of the judicially supervised

                                                34
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                       settlement conference or long cause trial. The Court may waive this
                       notice requirement upon a showing of good cause or agreement of the
                       parties.
                 (4)   Counsel, parties and persons with full authority to settle the case must
                       personally attend the judicially supervised settlement conference and long
                       cause trial. The child is encouraged to attend, but the child’s attendance is
                       not required.
(Eff. 7/01/10)
           J.    DEPENDENCY MEDIATION
                 (1)   The Court, pursuant to W & I Code § 350 and at any stage of the
                       dependency court process, upon the request of any person who the court
                       deems to have a direct and legitimate interest in the particular case or on
                       the Court’s own motion, will order all parties and counsel to participate in
                       confidential mediation in an attempt to resolve jurisdictional and/or
                       dispositional issues in dispute, or case related problems, and to develop a
                       related plan that is in the best interests of the child.
(Eff. 1/01/13)
                 (2)   Dependency Mediators shall be either California Licensed Marriage and
                       Family Therapists, Licensed Clinical Social Workers, or Licensed
                       Psychologists employed by Santa Clara County Family Court Services
                       who meet the training and experience requirements included within the
                       current Santa Clara County Dependency Mediation Protocol &
                       Dependency Mediation Domestic Violence Protocol, CRC 5.518, Court-
                       connected dependency mediation.
(Eff. 7/1/08)
                 (3)   CALENDARING AND REFERRAL
                       a.     The Court will calendar appointments for cases ordered to
                              mediation with the Dependency Mediation Program, whenever
                              possible scheduling cases expected to require extensive attorney
                              participation for afternoon appointments and cases expected to
                              require less attorney participation for morning appointments. The
                              Court will, at the time of calendaring, attempt to identify all the
                              individuals whose participation in mediation may be helpful in
                              resolving the case so that their participation may be either ordered
                              or invited as appropriate.
                       b.     The Court will distribute Juvenile Dependency Court Mediation
                              brochures to the parties at the time of referral.
                       c.     The Court will complete the Dependency Mediation Referral form
                              at the time of calendaring and referral, identifying the participants
                              and issues referred to mediation. The Court will also indicate on
                              that form whether domestic violence has ever been an issue in the
                                                35
RULE 2 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                             case. The Court will also determine whether a Domestic Violence
                             Protective Order is in effect, and if so, forward a copy of said order
                             to the Dependency Mediation Program along with the referral.
                             The Dependency Mediation brochure will include the procedural
                             rights of domestic violence victims.
(Eff. 1/1/13)
                      d.     The Court will review the Court file and forward to the
                             Dependency Mediation Program background information on the
                             case in the form of copies of reports and documents related to child
                             abuse and/or neglect and any history of domestic violence to assist
                             the mediators in preparing for the case.
                (4)   The parties, assigned DFCS social workers, all assigned counsel, and any
                      CASA must attend all scheduled mediation appointments. The subject
                      child has a right to participate in the dependency mediation process
                      accompanied by his or her attorney unless the child makes an informed
                      choice not to participate.
(Eff. 1/1/05)
                      a.     Failure to attend mediation by the mandated participants may
                             result in the imposition of sanctions pursuant to Code of Civil
                             Procedure § 177.5.

                (5)   Upon the concurrence of the mediator(s) and counsel, other individuals
                      will be permitted to participate in the mediation on a voluntary basis.
                (6)   Dependency Mediation in Santa Clara County is a confidential and non-
                      recommending process operating in compliance with Chapter 2, §§ 1115
                      through 1128, of the Evidence Code of the State of California with the
                      following exceptions to confidentiality: 1) Santa Clara County
                      Dependency Mediators are mandatory child abuse reporters as defined
                      within § 11166.5 of the Penal Code and have a duty to report in the event
                      they develop a reasonable suspicion of child abuse not formerly reported;
                      2) Santa Clara County Dependency Mediators have a duty when
                      confronted with serious threats of violence against reasonably identifiable
                      victims to make reasonable efforts to communicate such threats to the
                      victim or victims and to a law enforcement agency (Tarasoff v. Regents of
                      University of California, supra, 17 Cal.3d at pp.431, 438, 131 Cal. Rptr.
                      14, 551 P.2d 334); 3) It is the duty of mediators to disclose information
                      otherwise as may be compelled by statute or case law.

                (7)   Dependency Mediation must be conducted in accordance with the Santa
                      Clara County Dependency Mediation Protocol and Dependency
                      Mediation Domestic Violence Protocol and CRC 5.518, Court-connected
                      dependency mediation, and must involve, at a minimum, all the mandatory

                                               36
RULE 2 – con’t        SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                JUVENILE RULES
                 participants as defined in subdivision (4) above at various stages
                 throughout the process.
(Eff. 7/1/08)
                 a.     All mandatory mediation participants and the mediators must
                        appear on time for all scheduled mediation appointments.
                 b.     Dependency Mediators must make every reasonable effort to
                        release the attorneys involved in mediation during the middle
                        stages of the process, consistent with their clients’ need to consult
                        with them during the course of mediation, so that the attorneys
                        may make themselves available to the Court and facilitate the
                        conducting of Court business in the most efficient manner possible.
                 c.     Dependency Mediators must make every reasonable attempt to
                        insure that morning mediation appointments are completed no later
                        than 11:30 a.m., and that afternoon mediation appointments are
                        completed no later than 4:30 p.m., so that the parties and attorneys
                        may report back to the Court in a timely manner.
                 d.     Each area of agreement resulting from mediation must be approved
                        by all the mandatory participants including the family members
                        who are parties, the assigned DFCS Social Worker, all the
                        involved attorneys, and any participating Court Appointment
                        Special Advocate.
(Eff. 7/1/08)
                 e.     The attorney from the Office of the County Counsel assigned to
                        represent the assigned social worker from the DFCS will be
                        responsible for recording all aspects of any partial or complete
                        agreement, and for recording any areas of remaining disagreement.
                 f.     Immediately upon completion of the mediation appointment, all
                        the mandatory participants may proceed to court. The attorney
                        from the Office of the County Counsel will report to the Court the
                        exact nature of any areas of agreement and/or disagreement, and/or
                        any request for an additional mediation appointment. The Court
                        will take whatever action is deemed necessary to confirm the
                        nature of agreement/disagreement with the parties and attorneys,
                        and to assure itself that all parties and attorneys understand the
                        nature of any agreement. The Court must also approve/disapprove
                        any request for an additional mediation appointment, and if
                        approved, calendar the return appointment.
                 g.     The Court must review the proposed agreement and determine
                        whether to approve any portion or all of it. The Court must make
                        any orders and/or findings deemed appropriate. The Court must
                        determine any necessary subsequent action including trial setting.
                                          37
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                      JUVENILE RULES

                       h.     The attorney representing the Office of the County Counsel will be
                              responsible for preparing any orders made by the Court related to
                              the mediated agreement. The attorney from the Office of the
                              County Counsel shall complete the Dependency Mediation
                              Outcome Form (JV-2029) and return the form to the mediator.
(Eff. 1/1/13)
           K.   COURT ORDERED MENTAL HEALTH EVALUATION
                Where the Court has ordered a mental health or psychological evaluation, the
                Court shall determine what court reports and other information shall be released
                to the evaluator.
(Eff. 1/1/05)

RULE 3          RELATIONSHIPS AMONG                  DIFFERENT        DIVISIONS       OF     THE
                SUPERIOR COURT

           A.   JUVENILE DEPENDENCY, JUVENILE JUSTICE, FAMILY, AND
                PROBATE COURTS EXCHANGE OF INFORMATION
(Eff. 1/1/10)
                This rule addresses the exchange of information between Family Court Services
                staff (FCS), Juvenile Probation Department (JPD), the Department of Family and
                Children’s Services (DFCS), the Adult Probation Department (APD), and the
                Probate Court Investigator’s (PCI) staff.
                The Court hereby finds that the best interests of children and victims appearing
                before the Juvenile, Family, Criminal and Probate Courts, the public interest in
                avoiding duplication of effort by the Courts and by the investigative and
                supervisory agencies serving the Juvenile, Court or Court-serving agency
                outweighs the confidentiality interest reflected in Penal Code §§ 11167 and
                11167.5, W & I Code §§ 827 and 10850, Family Code § 1818, and Probate Code
                § 1513, and therefore good cause exists for the following rule:
                (1)    JUVENILE DEPENDENCY
                       FCS, PCI, APO, and JPD staff may orally disclose to DFCS staff who are
                       investigating or supervising a child abuse or neglect case the following
                       information:
                       a.     Whether the child, his/her parents, guardians, or caretakers are or
                              have been the subject of a custody, juvenile justice, criminal or
                              probate investigation, the findings and status of that investigation,
                              the recommendations made or anticipated to be made to the Court




                                                38
RULE 3 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                             by FCS, PCI, APO, or JPD, the progress while under Court
                             supervision including compliance with Court orders, and a copy of
                             any Court orders in existence with respect to the child, parents,
                             guardians, or caretakers.
(Eff. 1/1/10)
                      b.     Any statement made by the child of the child’s parents, guardians,
                             or caretakers which might bear upon the issue of the child’s best
                             interests in the pending child abuse or neglect case.
                      c.     DFCS may include this information in Court reports and keep such
                             information in their case files.
                      d.     The following agencies may provide written documents to each
                             other: JPD, PCI, APO, FCS and DFCS. These documents may
                             include but are not limited to relevant portions of investigation
                             notes, progress notes and summaries, and Court reports containing
                             information described in (a) and (b) above. However, child abuse
                             and neglect reports described by Penal Code § 11167.5 (Suspected
                             Child Abuse Report form #S-8572), information disclosing the
                             identity of a reporting party, or Court-ordered psychological
                             evaluations will not be exchanged between the agencies absent a
                             court order. Copies of DFCS or JPD documents used by PCI, APO
                             or FCS will not be made available to the public without a court
                             order.
(Eff. 1/1/05)
                (2)   CUSTODY DISPUTES
                      JPD, PCI, APO or DFCS may orally disclose to FCS staff who are
                      mediating, evaluating, or investigating a child custody or visitation dispute
                      the following information:
                      a.     Whether the child or his/her parents or caretaker are or have been
                             the subject of a child abuse, neglect, probate, criminal or juvenile
                             justice investigation, the findings and status of that investigation,
                             the recommendations made or anticipated to be made to the Court
                             by DFCS, PCI, APO or JPD, the progress while under Court
                             supervision including compliance with Court orders, and a copy of
                             any Court orders in existence and probation conditions with
                             respect to the child, parents or caretakers.
(Eff. 1/1/10)
                      b.     Any statements made by the child or the child’s parents, guardians
                             or caretakers which might bear upon the issue of the child’s best
                             interests in the pending Family Court matter.
                      c.     FCS may include this information in court reports and keep such
                             information in their case files.
                                               39
RULE 3 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                     JUVENILE RULES

                      d.     The following agencies may provide written documents to each
                             other: JPD, PCI, APO, FCS and DFCS. These documents may
                             include but are not limited to relevant portions of investigation
                             notes, progress notes and summaries, and Court reports containing
                             information described in (a) and (b) above. However, child abuse
                             and neglect reports described by Penal Code § 11167.5 (Suspected
                             Child Abuse Report form #S-8572), information disclosing the
                             identity of a reporting party, or court-ordered psychological
                             evaluations will not be exchanged between the agencies absent a
                             Court order. Copies of DFCS or JPD documents used by PCI,
                             APO or FCS will not be made available to the public without a
                             Court order.
(Eff. 1/1/05)
                (3)   JUVENILE JUSTICE
(Eff. 1/1/10)
                      FCS, PCI, APO, or DFCS staff may orally disclose to JPD staff who are
                      investigating or supervising a juvenile justice case the following
                      information:
                      FCS, PCI, APO, or DFCS staff may orally disclose to JPD staff who are
                      investigating or supervising a delinquency case the following information:
                      a.     Whether the child or his/her parents, guardian, or caretakers have
                             been the subject of a child abuse, neglect, custody, criminal or
                             probate investigation, the findings and status of that investigation,
                             the recommendations made or anticipated to be made to the Court
                             by DFCS, FCS, APO or PCI staff, the progress while under Court
                             supervision including compliance with Court orders, and a copy of
                             any Court orders in existence with respect to the child, parents,
                             guardians or caretaker(s).
                      b.     Any statements made by the child or the child’s parents, guardians,
                             or caretakers which might bear upon the child’s status or any
                             disposition in the juvenile justice proceeding.
(Eff. 1/1/10)
                      c.     JPD may include this information in court reports and keep such
                             information in their case files.
                      d.     The following agencies may provide written documents to each
                             other: JPD, PCI, APO, FCS and DFCS. These documents may
                             include but are not limited to relevant portions of investigation
                             notes, progress notes and summaries, and Court reports containing
                             information described in (a) and (b) above. However, child abuse
                             and neglect reports described by Penal Code § 11167.5 (Suspected
                             Child Abuse Report form #S-8572), information disclosing the

                                               40
RULE 3 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                    JUVENILE RULES
                            identity of a reporting party, or Court-ordered psychological
                            evaluations will not be exchanged between the agencies absent a
                            Court order. Copies of DFCS or JPD documents used by PCI,
                            APO or FCS will not be made available to the public without a
                            Court order.
(Eff. 1/1/05)
                (4)   PROBATE
                      FCS, DFCS, APO and JPD staff may orally disclose to PCI staff who are
                      investigating or supervising a probate guardianship or conservatorship
                      matter the following information:
                      a.    Whether the child or his/her parents, guardians, or caretakers have
                            been the subject of a child abuse, neglect, custody, criminal or
                            juvenile justice investigation; the findings and status of that
                            investigation; the recommendations made or anticipated to be
                            made to the Court by DFCS, FCS, APO or JPD staff; the progress
                            while under Court supervision including compliance with Court
                            orders, and a copy of any Court orders including probation
                            conditions in existence with respect to the child, parents, guardians
                            or caretakers.
(Eff. 1/1/10)
                      b.    Any statement made by the child or the child’s parents, guardians,
                            or caretakers which might bear upon the issue of the child’s best
                            interest in the probate matter.
                      c.    PCI may include this information in court reports and keep such
                            information in their case files.
                      d.    The following agencies may provide written documents to each
                            other: JPD, PCI, APO, FCS and DFCS. These documents may
                            include but are not limited to relevant portions of investigation
                            notes, progress notes and summaries, and Court reports containing
                            information described in (a) and (b) above. However, child abuse
                            and neglect reports described by Penal Code § 11167.5 (Suspected
                            Child Abuse Report form #S-8572), information disclosing the
                            identity of a reporting party, or Court-ordered psychological
                            evaluations will not be exchanged between the agencies absent a
                            Court order. Copies of DFCS or JPD documents used by PCI,
                            APO or FCS will not be made available to the public without a
                            Court order.
(Eff. 1/1/05)




                                              41
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                (5)    ADULT PROBATION
                       FCS, DFCS, JPD and PCI staff may orally disclose to APO staff who are
                       investigating a criminal case or who are supervising a criminal defendant
                       the following information:
                       a.     Whether the child victim, his/her parents, guardians, or caretakers
                              are or have been the subject of a custody, child abuse or neglect,
                              juvenile justice, or probate investigation, the findings and status of
                              that investigation, the recommendations made or anticipated to be
                              made to the Court by FCS, DFCS, JPD or PCI staff, the progress
                              while under Court supervision including compliance with Court
                              orders and a copy of any court orders including probation
                              conditions in existence with respect to the child, parents,
                              guardians, or caretakers.
(Eff. 1/1/10)
                       b.     Any statement made by the child or the child’s parents, guardians,
                              or caretakers which might bear upon the issue of the child’s or
                              victim’s best interests in the pending criminal action.
                       c.     APO may include this information in court reports and keep such
                              information in their case files.
                       d.     The following agencies may provide written documents to each
                              other: JPD, PCI, APO, FCS and DFCS. These documents may
                              include but are not limited to relevant portions of investigation
                              notes, progress notes and summaries, and Court reports containing
                              information described in (a) and (b) above. However, child abuse
                              and neglect reports described by Penal Code § 11167.5 (Suspected
                              Child Abuse Report form #S-8572), information disclosing the
                              identity of a reporting party, or Court-ordered psychological
                              evaluations will not be exchanged between the agencies absent a
                              Court order. Copies of DFCS or JPD documents used by PCI,
                              APO or FCS will not be made available to the public without a
                              Court order.
(Eff. 1/1/05)
           B.   FOREIGN CONSULATES
                Whenever there is reason to believe that a child appearing before the Juvenile
                Court is a foreign national, the DFCS may orally disclose to the foreign consulate
                the following information about each child and parent: address, phone number,
                date of birth and the reason the child was brought into protective custody.




                                                42
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                     JUVENILE RULES
           C.    COURT COMMUNICATION REGARDING RESTRAINING ORDERS
                 (1)   PROCEDURE IN JUVENILE COURT
                       a.    Subject to available resources, the Family, Juvenile, and Probate
                             Courts shall examine appropriate available databases for existing
                             restraining or protective orders involving the same restrained and
                             protected parties before issuing permanent CLETS Civil
                             Restraining Orders. In the event that this information is not
                             available to the judicial officer, inquiry shall be made of the parties
                             before issuing permanent CLETS Civil Restraining Orders.
                       b.    Any order of the Family, Juvenile, or Probate Court that permits
                             contact between a defendant/restrained person subject to either
                             CLETS Civil Restraining Orders or Criminal Protective Orders and
                             his or her children, shall contain specific language setting forth the
                             time, day, place, and manner of the transfer of the children,
                             including the safe exchange of the children, in accordance with
                             § 3100 of the Family Code. Such an order shall not contain
                             language that conflicts with a Criminal Protective Order. Safety of
                             all parties shall be the Court’s paramount concern. The Court or a
                             Court-related agency may recommend safe and specific contact
                             with the children and direct the defendant/restrained person and/or
                             the victim/protected person to the process for modification of
                             protective orders.
                 (2)   MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
                       a.    Any court responsible for issuing custody or visitation orders
                             involving minor children of a defendant/restrained person subject
                             to a Criminal Protective Order may modify the Criminal Protective
                             Order if all of the following circumstances are satisfied:
                             i.      Both the defendant/ restrained person and the victim/
                                     protected person are subject to the jurisdiction of the
                                     Family, Juvenile, or Probate Court, and both parties are
                                     present before the Court.
                             ii.    The defendant/restrained person has been convicted of or is
                                    currently charged with a domestic violence related offense
                                    in Santa Clara County and a Criminal Protective Order has
                                    issued and is still in effect.
(Eff. 1/01/13)
                             iii.   The Family, Juvenile, or Probate Court identifies a
                                    Criminal Protective Order issued against the defendant,
                                    which is inconsistent with a proposed Family, Juvenile, or
                                    Probate Court Order, such that the Family, Juvenile, or
                                               43
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       JUVENILE RULES
                                       Probate Order is/will be more restrictive than the Criminal
                                       Protective Order or there is a proposed custody or visitation
                                       order which requires recognition in the Criminal Protective
                                       Order (Boxes 13 or 14 or both on the Criminal Protective
                                       Order form).
(Eff. 1/01/07)
                               iv.     The defendant signs an appropriate waiver of rights form or
                                       enters a waiver of rights on the record.
                               v.      Both the victim/protected person and the defendant/
                                       restrained person agree that the Criminal Protective Order
                                       may be modified to a more restrictive order or to add Box
                                       13 or 14 or both to the Criminal Protective Order.
(Eff. 1/01/07)
                        b.     The Family, Juvenile, or Probate Court may not modify existing
                               Criminal Protective Orders to be less restrictive. Only if children
                               are not listed as protected persons, a modification of the Criminal
                               Protective Order to check Box 13 or 14 or both shall not be
                               considered less restrictive.
(Eff. 1/01/07)
                        c.     The Family, Juvenile, or Probate Court may on its own motion or
                               at the request of defendant, protected person or other interested
                               party, calendar a hearing before the Criminal Court on the issue of
                               whether a Criminal Protective Order should be modified. The
                               Family, Juvenile, or Probate Court shall provide the Criminal
                               Court with copies of existing or proposed Orders relating to the
                               matter. Notice of the hearing will be provided to all counsel and
                               parties.
(Eff. 1/01/07)
           D.    FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE
                 CASES
                 It is the policy of the Superior Court to identify and coordinate custody
                 proceedings involving the same child which may appear in multiple legal settings.
                 It is further the policy of the Superior Court to coordinate the efforts of the
                 different court systems so that the child’s needs are served and the resources of
                 the family and the Court are not wasted. To these ends the Superior Court and the
                 agencies serving the Court shall cooperate to increase the exchange of
                 information and to determine the most appropriate forum for the resolution of the
                 issues relating to the child.
                 (1)    REPORT PURSUANT TO PENAL CODE SECTION 11166
                        If during the pendency of a family law proceeding a child abuse allegation
                        against one of the child’s parents comes to the attention of a FCS staff
                        member or other mediator or evaluator, that person shall first determine
                                                 44
RULE 3 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                     JUVENILE RULES
                      whether the allegation must be reported to a child protection agency
                      pursuant to Penal Code § 11166. If that person determines the allegation
                      does not fall within the description of § 11166, he/she need not make a
                      report. However, any other person may report the allegation to a child
                      protection agency.
                (2)   CHILD ABUSE INVESTIGATION
                      When the DFCS receives a report of suspected child abuse during the
                      pendency of a family law proceeding, it shall investigate the matter
                      immediately or within three or 10 days pursuant to DSS Regulations 30-
                      132. The DFCS shall coordinate its investigation with the reporting police
                      agency. The DFCS shall inform FCS of any decisions it makes concerning
                      the child abuse investigation. If the DFCS determines that further
                      investigation is necessary, it shall contact the investigating agency
                      immediately so that all investigative efforts can be coordinated.
                (3)   W & I CODE § 329 APPLICATION
                      If the DFCS decides not to intervene or fails to report to the reporting
                      party within 10 days, any person may apply to the social worker pursuant
                      to W & I Code § 329. In that application the affiant shall give notice and
                      identifying information of any pending family law proceeding. A copy of
                      the application shall be sent to FCS by the moving party. The social
                      worker shall respond to the application as soon as possible or within three
                      weeks after submission of the application. (W & I Code § 329.) The
                      social worker shall orally notify FCS of the response.
                      (See Judicial Council Forms JV-210 and JV-215 for application and order
                      forms.)
(Eff. 1/1/05)
                (4)   SUSPENSION OF FAMILY COURT PROCEEDINGS
                      a.     DFCS REPORT
                             After a report of suspected child abuse has been made to a child
                             protection agency, custody and visitation proceedings in the
                             Family Court are suspended, except that the Family Court shall
                             have the power to make temporary protective orders to ensure the
                             safety of the child. The suspension shall remain for 18 calendar
                             days from the report or until the DFCS indicates in writing that it
                             will take no action in the matter, whichever occurs first.




                                               45
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      JUVENILE RULES
                       b.     W & I CODE § 300 PETITION, JUVENILE COURT
                              If a petition pursuant to W & I Code § 300 is filed in the Juvenile
                              Court, all custody and visitation proceedings in the Family Court
                              are suspended. Thereafter custody and visitation issues shall be
                              determined by the Juvenile Court. The Family Court shall resume
                              custody or visitation litigation only after written authorization is
                              received from the Juvenile Court.
                (5)    REVIEW OF DEPENDENCY DECISION

                       If the DFCS worker decides not to initiate dependency proceedings, any
                       person may apply to the Juvenile Court to review that decision pursuant to
                       W & I Code § 331. The application shall include a copy of any application
                       made pursuant to W & I Code § 329 if one was made. The Juvenile Court
                       shall rule on the application as soon as possible and in no event later than
                       30 days after receipt of the application. (See Judicial Council Forms JV-
                       210 and JV-215 for application and order forms.)
(Eff. 1/1/05)
                (6)    INFORMAL SUPERVISION AGREEMENT
                       If during the DFCS worker’s investigation one or both parents reach an
                       informal supervision agreement pursuant to W & I Code § 330, a copy of
                       that agreement shall be sent immediately to the DFCS, to FCS and to each
                       parent.
                (7)    FAMILY CODE § 3150 APPOINTMENT OF COUNSEL
                       During family law proceedings in which allegations of child abuse have
                       been made, the Family Court Judge may appoint counsel for the child
                       (Family Code § 3150) to protect the child’s interests and/or expedite the
                       policy stated herein and carry out the terms of this protocol.
                (8)    COORDINATION OF CASES
                       At any time during the process described herein, the supervising judges of
                       the Family and Juvenile Courts are encouraged to discuss problems
                       relating to the coordination of cases involving child abuse allegations.
(Eff. 1/1/05)

           E.   DUAL STATUS HEARINGS (W & I Code § 241.1)
                The Juvenile Dependency and Juvenile Justice Courts shall follow the Santa Clara
                County Dual Status Protocol. Before any hearing conducted pursuant to W & I
                Code § 241.1 at which the judicial officer in Juvenile Justice Court makes a
                finding or order affecting the legal status of the child in Dependency Court, the
                judicial officer making the finding or order or his/her designee shall confer with
                                                46
RULE 3 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       JUVENILE RULES
                the judicial officer in the other juvenile court proceeding by telephone or email of
                his or her intended finding or order. This rule is intended to promote the best
                interests of children before the Juvenile Court by better communication between
                the juvenile justice and dependency judicial officers in cases in which a child is
                the subject of proceedings in both courts. Similarly, before the Juvenile Justice
                Court judicial officer sends the matter to the Dependency Court judge for the
                filing of a new Dependency Court case on behalf of the minor, the judges must
                confer and agree to move forward with the new W & I Code § 300 petition.
(Eff. 1/1/10)
                In any case where judicial supervision of a minor under the jurisdiction of the
                Juvenile Court is transferred from the Juvenile Justice Court to the Juvenile
                Dependency Court, the Juvenile Probation Department shall, within 10 court days
                of the order modifying the Juvenile Court’s jurisdiction, provide the Department
                of Family and Children’s Services and minor’s counsel in the dependency matter
                with copies of the following documents, should they exist in the minor’s case file:

                1.     Applications and Orders related to the administration of psychotropic
                       medications, which include Judicial Council forms JV-220, JV-220(A)
                       and JV-223
                2.     Findings and Orders related to limitations on a parent’s right to make
                       educational decisions, which include Judicial Council forms JV-535, JV-
                       536 and JV-537
                3.     Order for Restitution and Abstract of Judgment – Judicial Council form
                       JV-790
                4.     Individualized Educational Plans for the minor
                5.     Unsealed psychological evaluations of the minor conducted within 12
                       months prior to the court’s order modifying the Juvenile Court’s
                       jurisdiction.
(Eff. 1/1/13)




                                                 47
                      JUVENILE COURT RULES

                         ATTACHMENTS

ATTACHMENT JV-2000             Declaration Re Notice of Ex Parte Application

ATTACHMENT JV-2001             Order Referring Case to Court Designated
                               Child Advocates for Screening

ATTACHMENT JV-2002             Declaration for Juvenile Court Record (Juvenile
                               Justice)

ATTACHMENT JV-2002a            Declaration for Juvenile Court Record (Dependency)

ATTACHMENT JV-2003             Court Designated Child Advocate Oath

ATTACHMENT JV-2004             Application and Order Re Appointment of Court
                               Designated Child Advocate

ATTACHMENT JV-2005             Order Appointing Court Designated Child Advocate

ATTACHMENT JV-2006             Termination of Appointment of Court
                               Designated Child Advocate

ATTACHMENT JV-2007             Application and Order Appointing
                               Court Designated Child Advocate

ATTACHMENT JV-2009             Petition and Order Re Hearing to Review Case

ATTACHMENT JV-2020             Financial Declaration/Subsequent Financial
                               Declaration

ATTACHMENT JV-2020A            Guidelines to Complete the Financial
                               Declaration

ATTACHMENT JV-2021             Order on Assessment and Repayment of
                               Attorney Fees

ATTACHMENT JV-2022             Advisement and Acknowledgement re: Right to
                               Counsel in Juvenile Dependency Proceeding

ATTACHMENT JV-2023             Advisement and Waiver of Right to Counsel

ATTACHMENT JV-2029             Dependency Mediation Outcome Form
                                                                                                              ATTACHMENT JV-2000
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):              TELEPHONE NUMBER:                     FOR COURT USE ONLY




ATTORNEY FOR: (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     STREET ADDRESS:
     MAILING ADDRESS:        191 North First Street

    CITY AND ZIP CODE:       San Jose, CA 95113

               BRANCH:

Name of Child::




                                                                                               CASE NUMBER:
    DECLARATION RE NOTICE OF EX PARTE APPLICATION
                                          (JUVENILE)                                           DEPT. NUMBER:


I, the undersigned, declare:

     1. I am          counsel         social worker       mother      father     minor        Department of Family and Children’s
          Services        probation officer or           other (explain)                                             in this juvenile
          matter.

     2. Pursuant to Juvenile Court Rules I have given notice of, and a copy of this application for ex parte orders, to
          the following persons:


          Notice to the above name persons was given in the following manner:
          a.       By telephone at                           (   AM        PM)                   , 20          .
          b.       By letter         mailed or        hand delivered to (insert name and address):


     3. I have received the following response:


     4. I have not given notice of this application for ex parte orders for the following reason(s):
          a.       Would frustrate the purpose of the orders requested.
          b.        Minor child would suffer immediate and irreparable harm before the orders could issue.
          c.        No significant burden or inconvenience to the responding party will result from the orders requested.
          d.        I made reasonable, good faith efforts to give notice, as follows:


          e.        Other:



I declare under penalty of perjury the laws of the State of California the foregoing is true and correct, at
                                 , California this         day of                        20      , at                   (      AM    PM)




                                                                                        Signature of Declarant
JV-2000 REV 1/01/09                 DECLARATION RE NOTICE OF EX PARTE APPLICATION                                      Page 1 of 1
                                                      (JUVENILE)
                                                                                   ATTACHMENT JV-2001
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):     TELEPHONE NO.:              FOR COURT USE ONLY




 ATTORNEY FOR (Name):

  SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  Street Address, Delinquency: 840 Guadalupe Parkway
  City and Zip Code: San Jose, CA 95113

   In the Matter of:
     (Name of Child),
     a Minor. [D.O.B. _____________ ]

           ORDER REFERRING CASE TO COURT DESIGNATED                          Case No:
                CHILD ADVOCATES FOR SCREENING



The Minor having been adjudged a ward of the Juvenile Court (Welfare & Institutions Code
section 602) and good cause appearing therefore, the Court orders that this case be referred to
Court Designated Child Advocates for a screening to determine whether the Child Advocate
program can undertake the case. To aid in this determination, Court Designated Child Advocates
shall have access to the records and files of the Court and the Probation Department with respect
to the Minor for a period of 90 days after the date of this Order. All confidential information
acquired during the course of this determination shall remain confidential and may be disclosed
only to a Probation Officer, attorneys representing parties to this case, or the Court, unless
specifically authorized by the Court.

Dated:


                                                                             Judicial Officer




 Rev. 7/01/08                       ORDER REFERRING CASE TO COURT DESIGNATED                                 JV-2001
                                         CHILD ADVOCATES FOR SCREENING
                                                                                                  ATTACHMENT JV-2002
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):                 TELEPHONE NO.:            FOR COURT USE ONLY




ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
   Street Address:       Juvenile Justice: 840 Guadalupe Parkway

   Mailing Address:      191 North First Street, San José, CA 95113
  In the Matter of:
     (Name of Child),
     a Minor. [D.O.B. _________ ]
                                                                                        CASE NUMBER:
             DECLARATION FOR JUVENILE COURT RECORD
                       (JUVENILE JUSTICE)

I am requesting access to the following record(s):


held by:
     Court Clerk, Juvenile Justice Division
     Juvenile Probation Department
     Department of Family & Children Services
     Other
Minor’s Name:
Petition Number:
Other Identifying Information:
I am:
    Defense Attorney - State Bar Number:
    Parent/Guardian of the named juvenile
     Court-Appointed Special Advocate (CASA)
     Staff of Santa Clara County Victim Witness Assistance Center
     District Attorney - State Bar Number:
     Sixth Appellate District Program Member
     Other: (specify)
Address:

I will use this information for the following purpose(s):



I understand these records are confidential and can be used only for the purposes stated herein.

I declare under penalty of perjury the forgoing is true and correct.
Dated this                 day of               , 20     , at San José, California

                                                               Signature:

                                                               Type or print name:

JV-2002 REV. 1/01/11                          DECLARATION FOR JUVENILE COURT RECORD                                   Page 1 of 1

                                                        (JUVENILE JUSTICE)
                                                                                                 ATTACHMENT JV-2002a
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):                 TELEPHONE NO.:            FOR COURT USE ONLY




ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
    Street Address:      Juvenile Dependency
    Street Address:      115 Terraine Street
   Mailing Address:      191 North First Street, San José, CA 95113
  In the Matter of:
    (Name of Child),
    a Minor. [D.O.B. _________ ]
                                                                                        CASE NUMBER:
DECLARATION FOR JUVENILE COURT RECORD (DEPENDENCY)

I am:
    Child or Former Dependent
    Mother of the named juvenile ______________________________________________(name, “AKA” and DOB)
    Father of the named juvenile _______________________________________________(name, “AKA” and DOB)
    Guardian of the named juvenile _____________________________________________(name, “AKA” and DOB)
    Court-Appointed Special Advocate (CASA)
     District Attorney - State Bar Number:
     Attorney - State Bar Number:__________ Representing
     Sixth Appellate District Program Member
     Other: (specify)
Address:

     I am requesting to view the following record(s) relating to the minor:


which are held by:
               Court Clerk, Juvenile Dependency Division
               Department of Family & Children Services
     I request copies of the following record(s) [copies of records may be subject to a fee pursuant to statute]:


I will use this information for the following purpose(s):



Use of juvenile records is subject to Petition under Welfare & Institutions Code § 827 [JV-570] and further Court
authorization. I understand these records are confidential.

I declare under penalty of perjury the forgoing is true and correct.
Dated this                 day of               , 20     , at San José, California

                                                                        Signature:

                                                             Type or print name:



JV-2002a REV. 1/01/11               DECLARATION FOR JUVENILE COURT RECORD (DEPENDENCY)                                Page 1 of 1
                                                                                                       ATTACHMENT JV-2003
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):            TELEPHONE NUMBER:                  FOR COURT USE ONLY




ATTORNEY FOR: (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  STREET ADDRESS:       115 Terraine Street
  MAILING ADDRESS:      191 North First Street
 CITY AND ZIP CODE:     San Jose, CA 95113
            BRANCH:     Terraine Courthouse – Juvenile Division

In the Matter of
  (Name of Child),
  a Minor, [D.O.B.                            ]

                                                                                      CASE NUMBER:
         COURT DESIGNATED CHILD ADVOCATE OATH


COURT DESIGNATED CHILD ADVOCATE

CDCA



                 Print your full legal name



                                                                  OATH

I do solemnly swear that I will perform the duties of a Court Designated Child Advocate to the best of my ability and
will serve the best interest of the child.

As an officer of the Court, I will respect the rules of the Court and will to the best of my ability, maintain fairness,
impartiality, and integrity.

I will adhere to the rules of confidentiality and will respect the privacy of all parties.

I will not take a case where I have any prior knowledge of the child or family members.

I will not take my Advocate child to my home. I will secure permission from probation officers/social workers should
I plan to bring my child to my home. I will be directly responsible for the supervision of the child at all times he or
she is under my care.



Date:
                                                                     Appointed Child Advocate




                                                                     Judicial Officer
                                                                     Superior Court of California, County of Santa Clara




JV-2003 REV 7/01/08                        COURT DESIGNATED CHILD ADVOCATE OATH                                           Page 1 of 1
                                                                                                       ATTACHMENT JV-2004
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):            TELEPHONE NUMBER:                  FOR COURT USE ONLY




ATTORNEY FOR: (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  STREET ADDRESS:
  MAILING ADDRESS:        191 North First Street
 CITY AND ZIP CODE:       San Jose, CA 95113
            BRANCH:

In the Matter of
  (Name of Child),
  a Minor, [D.O.B.                             ]
                                                                                      CASE NUMBER:
 APPLICATION AND ORDER RE APPOINTMENT OF COURT
           DESIGNATED CHILD ADVOCATE


Court Designated Child Advocates applies to the Court for the appointment of
                                                            as the Child Advocate in behalf of the Minor.
(Check one:)
                  This case was referred by the Court to Court Designated Child Advocates for a determination whether
                  the Child Advocate program can undertake the case.
                  The Child Advocate designated above is currently serving as the Court Appointed Child Advocate in
                  behalf of the Minor in a proceeding brought pursuant to Welfare & Institutions Code section 300.


Date:                                                      COURT DESIGNATED CHILD ADVOCATES

                                                           By:

                                             Type / Print Name:


                                                           COURT ORDER

          The Application is granted.
          The Application is set for hearing on:                                      . Applicant shall give ten days’ notice of
          hearing date to:
                  District Attorney                          Attorney for child
                  Parent(s) or Guardian(s)                   Probation Department
                  Child                                      Other:

          The Application is denied.
          Additional Orders:




Date:
                                                             Judicial Officer


JV-2004 REV 70/1/08                  APPLICATION AND ORDER RE APPOINTMENT OF COURT                                        Page 1 of 1
                                               DESIGNATED CHILD ADVOCATE
                                                                                                            ATTACHMENT JV-2005
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):             TELEPHONE NUMBER:                      FOR COURT USE ONLY




ATTORNEY FOR: (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     STREET ADDRESS:    840 Guadalupe Parkway
     MAILING ADDRESS:   191 North First Street
 CITY AND ZIP CODE:     San Jose, CA 95113
             BRANCH:    Guadalupe Courthouse – Juvenile Division

In the Matter of
  (Name of Child),
  a Minor, [D.O.B.                           ]

             ORDER APPOINTING COURT DESIGNATED                                             CASE NUMBER:
                      CHILD ADVOCATE

The above-named Minor is alleged to come within the provisions of Section 602 of the Welfare and Institutions Code.

Pursuant to Welfare & Institutions Code, Section 202, and the inherent powers of the Juvenile Court, an advocate may be
appointed on behalf of the above named child. Application is hereby made for the appointment of a Child Advocate. If any party
to the above entitled delinquency proceeding wishes to contest this appointment, they should contact their attorney or the Child
Advocate’s office immediately. This case is presently supervised by the following:

Probation Officer:                                                                     Phone:

                                                                                       Date:
Executive Director, Child Advocates (408) 416-0400

IT IS ORDERED THAT:

           Supervised by:

1.     Is appointed as the Child Advocate for the above named child under the general supervision of the Court Designated Child
       Advocate program, 509 Valley Way, Milpitas, CA 95035.

2.     The Child Advocate shall have access to the child and to available records and files of the court, the Probation Department,
       the Social Services Agency, any school records, and medical records regarding the above named child. A certified copy of
       this order will be the only authorization necessary for such purpose.

3.     The Child Advocate shall not disclose any information received in connection with their investigation of this case to anyone
       other than the assigned Probation Officer, attorneys representing parties to this action, or the court, unless specifically
       authorized by the court;

4.     The Child Advocate shall be given notice of, and shall be authorized to attend all court hearings and other proceedings
       regarding the child.

5.     The Child Advocate shall have access to all reports of the Probation Officers at least 48 hours prior to court hearings.

6.     The Child Advocate shall in coordination with the other parties, investigate the circumstances surrounding the case and
       report the results of the investigation to the court. Reports prepared by the Child Advocate shall be filed with the court at
       least five days prior to the court hearing.

7.     The Child Advocate shall follow the direction and orders of the court and shall provide information specifically requested by
       the court.

8.     This Ordering Appointing the Child Advocate can only be modified by further order of the court.


Date:
                                                                      Judicial Officer




JV --2005 REV 7/01/08       ORDER APPOINTING COURT DESIGNATED CHILD ADVOCATE                                                   Page 1 of 1
                                                                                           ATTACHMENT JV-2006
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):   TELEPHONE NO.:                  FOR COURT USE ONLY




 ATTORNEY FOR (Name):

  SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  Street Address, Dependency: 115 Terraine Street
  City and Zip Code: San Jose, CA 95113

    In the Matter of:
      (Name of Child),
      a Minor. [D.O.B. _____________ ]

      TERMINATION OF APPOINTMENT OF COURT DESIGNATED                           Case No:
            CHILD ADVOCATE (CRC Appendix §24.5[h])




Good cause appearing therefore, the appointment of

as the Child Advocate in behalf of the Minor is hereby terminated.



Dated:




                                                                           Judicial Officer




Rev. 7/01/08               TERMINATION OF APPOINTMENT OF COURT DESIGNATED                                      JV -2006
                                 CHILD ADVOCATE (CRC Appendix §24.5[h])
                                                                                                           ATTACHMENT JV-2007
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):            TELEPHONE NUMBER:                      FOR COURT USE ONLY




ATTORNEY FOR: (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
     STREET ADDRESS:    115 Terraine Street
     MAILING ADDRESS:   191 North First Street
 CITY AND ZIP CODE:     San Jose, CA 95113
             BRANCH:    Terraine Courthouse – Juvenile Division

In the Matter of
  (Name of Child),
  a Minor, [D.O.B.                            ]

                                                                                          CASE NUMBER:
               APPLICATION AND ORDER APPOINTING
                  DESIGNATED CHILD ADVOCATE

The above-named child is alleged to come within the provisions of Section 300 of the Welfare and Institutions Code.

Pursuant to Welfare & Institutions Code, Sections 202 et seq and 356.5, an advocate may be appointed on behalf of the above
named child by the Juvenile Court. Application is hereby made for the appointment of a Child Advocate. If any party to the
above entitled dependency proceeding wishes to contest this appointment, they should contact their attorney or the Child
Advocate’s office immediately. This case is presently supervised by the following:

Social Worker:                                                                        Phone:

                                                                                      Date:
Executive Director, Child Advocates, (408) 416-0400

IT IS ORDERED THAT:

          Supervised by:

1.     Is appointed as a Child Advocate for the above named child/ren under the general supervision of the Court Designated Child
       Advocate program, 509 Valley Way, Milpitas, CA 95035

2.     The Child Advocate shall have access to the child and to available records and files of the Court, of the Social Services
       Agency, any school records and medical records regarding the above named child. A copy of this order will be the only
       authorization necessary for such purpose;

3.     The Child Advocate shall not disclose any information received in connection with their investigation of this case to anyone
       other than the assigned social worker, attorneys representing parties to this action, or the court unless specifically
       authorized by the court;

4.     The Child Advocate shall be given notice of , and shall be authorized to attend all court hearings and other proceedings
       regarding this child;

5.     The Child Advocate shall have access to all reports fro the Social Worker at least 48 hours prior to court hearings;

6.     The Child Advocate shall, in coordination with the other parties, investigate the circumstances surrounding the case and
       report the results of the investigation to the court. Reports prepared by the Child Advocate shall be filed with the court at
       least five days prior to the court hearing;

7.     The Child Advocate shall follow the direction and orders of the court and shall provide information specifically requested by
       the court.

8.     This Order Appointing the Child Advocate can only be modified by further order of the court.


Date:

                                                                     Judicial Officer

 JV -2007 REV 7/01/08                    APPLICATION AND ORDER APPOINTING COURT                                               Page 1 of 1
                                               DESIGNATED CHILD ADVOCATE
                                                                                                      ATTACHMENT JV-2009
 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):                  TELEPHONE NO.:              FOR COURT USE ONLY




 ATTORNEY FOR (Name):

  SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
  Street Address, Delinquency: 840 Guadalupe Parkway
  City and Zip Code: San Jose, CA 95113

   In the Matter of:
     (Name of Child),
     a Minor. [D.O.B. _____________ ]

         PETITION AND ORDER RE HEARING TO REVIEW CASE                                     Case No:


Petitioner is the Court Appointed Child Advocate with respect to the Minor. Petitioner requests that the case be set
for:
        Check one:
                        An ex parte review (Minor and parents are not required to attend).
                        A parte review (Minor and parents are required to attend).

         Reason(s) for request:



Dated:

                                      Signature:
                            Type / Print Name:

                                                          COURT ORDER

                            The Petition is granted.
                            The case is set for hearing on                                                           ,
                            Petitioner shall give ten days’ notice of hearing date to:

                                              District Attorney                            Attorney for child
                                              Parent(s) or guardian(s)                     Probation Department
                                              Child
                                              Other:

                            The Petition is denied.
                            Additional Orders:




Dated:

                                                                                            Judicial Officer



 Rev. 7/01/08                                                                                                             JV-2009
                                  PETITION AND ORDER RE HEARING TO REVIEW CASE
                                                                                             (CONFIDENTIAL) ATTACHMENT JV-2020
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address):                                            FOR COURT USE ONLY




 TELEPHONE NUMBER:                                    FAX NUMBER (Optional):

 EMAIL ADDRESS (Optional):

 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      COURT ADDRESS:            115 Terraine Street
     MAILING ADDRESS:           191 North First Street
     CITY AND ZIP CODE:         San José, CA 95113
         BRANCH NAME:           Juvenile Dependency
 CHILDREN’S NAMES:


                              FINANCIAL DECLARATION                                                CASE NUMBER:

     Hearing            Financial Evaluation Hearing Date:                                         RELATED CASES:
     Date→
                  Time:                        Dept.
 THIS SECTION FOR COURT USE ONLY
                 SUBSEQUENT FINANCIAL DECLARATION
  I am Requesting a Hearing for Reconsideration of my Order to Repay
             Attorney Fees filed on (date):
 My Request is Based on:
     Change of Financial Circumstances
     Financial Inability to Comply with Reunification Plan Requirements
                        Reconsideration Hearing Date:
     Hearing
     Date→              Time:                                  Dept.


1. Personal Information:
 Name:                                                                                             Social Security Number:

 Other Names Used:                                                                                 I.D. or Driver’s License

 Address:                                                                                          Date of Birth               Age:
     Check here if you are In custody. Detention Center:
 Release Date:
 City                         Zip Code:                           Phone:                           Alternate Phone



2.   I receive (check all that apply):         Medi-Cal           Food Stamps          SSI   SSP       County/Relief/General Assistance
         IHSS (In-Home Supportive Services)                    CalWORKS or Tribal TANF (Tribal Temporary Assistance to Needy Families)
         CAPI (Case Assistance Program for Aged, Blind and Disabled)

3.       My gross monthly income (before deductions for taxes) is less than the amount listed below:
         If you checked box 3, circle the Family Income section that applies to your case.
       Family Size           Family Income        Family Size            Family Income       Family Size      Family Income           If more than 6
              1                $1,134.38                   3                   $1,930.21         5                 $2,726.04          people in family,
                                                                                                                                      add $397.92 for
              2                $1,532.29                   4                   $2,328.13         6                 $3,123.96          each extra person.


If you checked any boxes in section 2 or 3 above, skip sections 4 through 8. Go to section 9, read and fill in the section
and sign the form.



JV-2020 REV 07/01/12         FINANCIAL DECLARATION / SUBSEQUENT FINANCIAL DECLARATION                                                           Page 1 of 4
                                                                                                  (CONFIDENTIAL) ATTACHMENT JV-2020
CHILDREN’S NAMES:                                                                                         CASE NUMBER:

RESPONSIBLE PARTY’S NAME:                                                                                 RELATED NUMBERS:


4.    Family:
      a.    Marital Status:           Single         Married    Divorced        Separated         Widowed              Domestic Partner
      b.    Name of Spouse/Partner:
      c.    Number of Dependent Children Living with You Who are Under the Age of 18:
      d.    Dependents’ Names and Ages:

5.    Employment:
                               Your Employment                                                      Spouse/Partner Employment
                                                                                        If you checked “Married” or “Domestic Partner” in 4a,
                                                                                                     above, fill out this section.
Employer:                                                                          Employer:

Address:                                                                           Address:

City and Zip Code:                               Phone:                            City and Zip Code:                                         Phone:

How Long            Working            Monthly Salary:         Take Home Pay:      How Long                Working             Monthly Salary:         Take Home Pay:
Employed?           Now?                                                           Employed?               Now?

If not now employed, who was your last employer?                                   If not now employed, who was your last employer?
(Name, Address and Zip Code)                                                       (Name, Address and Zip Code)




Phone number of last employer:                                                     Phone number of last employer:



6.    Income and Assets:
                                   Other Income                                                                     What do you own?
Unemployment and Disability .................. $                                   Cash        ...................................................$
Social Security/ /SSD............................... $                             Real Property/Equity ................................$
General Relief.......................................... $                         Cars and Other Vehicles ..........................$
Worker’s Compensation........................... $                                 Life Insurance...........................................$
Child Support Payments .......................... $                                Bank Accounts (list below) .......................$
Foster Care.............................................. $                        Stocks and Bonds ....................................$
Other Income ........................................... $                         Business Interest......................................$
                                         Total          $                          Other Assets.............................................$

                                                                                                                                Total           $


                                                                                   Name and Branch of Bank:
                                                                                   Account Numbers:




JV-2020 REV 07/01/12              FINANCIAL DECLARATION / SUBSEQUENT FINANCIAL DECLARATION                                                                  Page 2 of 4
                                                                                  (CONFIDENTIAL) ATTACHMENT JV-2020
CHILDREN’S NAMES:                                                                        CASE NUMBER:

RESPONSIBLE PARTY’S NAME:                                                                RELATED NUMBERS:


7.    Expenses

                          List your monthly expenses                             Monthly cost of services required by your
                                                                                            reunification plan
Rent or Mortgage Payment...................... $                (If you do not know the cost, please indicate “UK” )
Car Payment............................................ $       Parenting Classes …… ......................... $
Gas and Car Insurance............................ $             Substance Abuse Trmt .......................... $

Public Transportation ............................... $         Therapy/Counseling ………………….… $_______________
Utilities (Gas, Electric, Phone, Water)...... $                 Medical Care/Medications ........................$
Food....................................................... $   Domestic Violence Counseling.................$
Clothing and Laundry............................... $           Batterers’ Intervention ............................ $
Child Care................................................ $    Victim Support ..........................................$
Child Support Payments ........................ $               Regional Center Programs .......................$
Medical Expenses.................................... $          Transportation ........................................ $
Other Necessary Monthly Expenses........ $                      In-Home Services.....................................$
                                          Total           $     Other ........................................................$
                                                                Other ........................................................$
                                                                                                           Total             $




8.    Loan/Expense Payments
      Name of lender and type of loan/expense                           Monthly Payment                                           Balance Owed
                                                                $                                                        $
                                                                $                                                        $
                                                                $                                                        $




JV-2020 REV 07/01/12               FINANCIAL DECLARATION / SUBSEQUENT FINANCIAL DECLARATION                                                Page 3 of 4
                                                                                     (CONFIDENTIAL) ATTACHMENT JV-2020
CHILDREN’S NAMES:                                                                          CASE NUMBER:

RESPONSIBLE PARTY’S NAME:                                                                  RELATED NUMBERS:


9.   I,                                                        , understand that a hearing will be set to determine my ability to pay the
     costs for legal services. If I do not appear at the hearing and do not pay in full the assessed costs for legal services, the court
     may enter a judgment against me without further notice or order.

          I understand that I have a right to a separate evidentiary hearing to determine my ability to pay the assessed fees, in the
          event that I dispute the judicial officer’s order for repayment. I further understand that I am entitled to the following at that
          evidentiary hearing:

          •   The opportunity to be heard in person;
          •   The opportunity to present witnesses and written evidence;
          •   The opportunity to confront and cross-examine witnesses brought against me.
          •   Disclosure of the evidence against me;
          •   A written statement of findings of the court;
          •   To be represented by an attorney and, if I cannot afford an attorney, to have an attorney appointed to represent me; and

          I understand that at any time prior to full repayment of any fees ordered by the court that I may petition the court to modify or
          vacate its previous judgment on the grounds of a change in circumstances with regard to my ability to pay the judgment.

I certify under penalty of perjury that the above information is true and correct. I understand that perjury is punishable by
imprisonment; I also consent to the release of my credit information from credit reporting agencies.

Date:




     (TYPE OR PRINT NAME OF RESPONSIBLE PARTY/APPLICANT)                            (SIGNATURE OF RESPONSIBLE PARTY/APPLICANT)




                                                     Clerk’s Certificate of Service

I certify that I am not involved in this case. This notice of hearing was served on the responsible party by      personal service
    mail and to counsel for the responsible party by       mail     pony mail at the street address listed above.


Date:                                                              Clerk, By                                                      , Deputy




                                                      FOR COURT USE ONLY


TOTAL INCOME                          $                           FEES BASED ON UNIFORM COST MODEL                    $
TOTAL EXPENSES                        $                           TOTAL FEES ASSESSED                                 $
NET DISPOSABLE INCOME                 $                           PAYMENT DUE TO COURT ON




JV-2020 REV 07/01/12       FINANCIAL DECLARATION / SUBSEQUENT FINANCIAL DECLARATION                                                Page 4 of 4
                                                                              ATTACHMENT JV-2020A

              You must complete the attached Financial Declaration (JV-2020).
              Use the guidelines below to assist you in completing your form.

The Judge will review your Financial Declaration to determine if you are able to repay
                      attorney fees for you and your children.

                    GUIDELINES TO COMPLETE THE FINANCIAL DECLARATION

Fill in your attorney’s name and address, your name and your children’s names at the top of the
form. Fill in the case number. If you have more than one child with a case in dependency court,
include each child’s case number. Go to Section 1.

Section 1 -      Complete section 1.
Section 2 -      If you are receiving financial assistance complete this section. Skip all other
                 sections and go directly to section 9. Complete section 9 & sign the form.
Section 3 -      If your gross monthly income is less than the guideline amounts shown in this section,
                 check the box and circle the Family Income that applies to your case. Skip all other
                 sections and go directly to section 9. Complete section 9 & sign the form.

If section 2 or 3 do not apply to you, skip them and continue to section 4.

Section 4 -      Complete sections 4a through 4d.
Section 5 -      Fill in the first column. You only need to fill in the second column if you checked
                 “married” or “domestic partner” in section 4a.
Section 6 -      Complete section 6.
Section 7 -      Fill in the first column and list your monthly expenses. Complete the second column if
                 you have to pay for reunification services. Some of this information may have been
                 filled out in advance by the courtroom clerk. If you do not know the cost of your
                 services, check with your social worker or write “UK” for unknown.
Section 8 -      Fill in section 8 if you have loans or other expense payments not listed in the earlier
                 sections.
Section 9 -      Read the entire section, fill in your name, check the boxes and sign the form
                 under penalty of perjury.


     TAKE YOUR COMPLETED FINANCIAL DECLARATION TO THE CLERK’S OFFICE ON THE
                                 FIRST FLOOR.
 •    If you are submitting the Financial Declaration on the day you appear in Court, the clerk will
      give you back the original and two copies. Go back upstairs and give all of the documents to
      your attorney. You will receive a copy after it is filed with the courtroom clerk.

 •    If you are unable to complete the Financial Declaration on the day you appear in court you
      must present it for filing in the Clerk’s Office within 3 court days of receipt. The clerk will file
      the original, give you a copy and send a copy to your attorney.




JV-2020A REV 07/01/12
                                                                                                                     ATTACHMENT JV-2021
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address):                                        FOR COURT USE ONLY




 TELEPHONE NUMBER:                                  FAX NUMBER (Optional):

 EMAIL ADDRESS (Optional):

 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      COURT ADDRESS:          115 Terraine Street
    MAILING ADDRESS:          191 North First Street
   CITY AND ZIP CODE:         San José, CA 95113
           BRANCH NAME:       Juvenile Dependency
 CHILDREN’S NAMES:


 ORDER ON ASSESSMENT AND REPAYMENT OF ATTORNEY FEES                                               CASE NUMBER:
       Initial Hearing               Annual Review                      Reconsideration Hearing
                                     Disputed Fees Hearing              Ex Parte                  RELATED CASES:
       Final Assessment


1. Repayment of Attorney Fees Assessed
            Assessed Amount for minor‘s attorney fees $                                       .
            Assessed Amount for responsible parties’ attorney fees $                                             .

      The responsible party                                      has failed to appear. Full payment of the assessed fees is ordered
due forthwith or as previously ordered.
   a.       The Court orders (name):                                                to repay to the Court the cost of legal services
                 rendered in this case in the amount of $                           . Full payment is due on (date):                     , at the
                 115 Terraine Street Courthouse location or by mail with a copy of this order enclosed to 191 North First
                 Street, San José, CA 95113.

      Responsible party agrees to repayment of attorney fees assessed.

          I, the undersigned responsible party, having appeared at the financial evaluation hearing, agree to repay the
          Court the cost of legal services in the amount of $               . I may petition the Court to modify or
          vacate its attorney fees orders based on a change in circumstances relating to my ability to pay the judgment.

          I understand that this Court order shall have the same force and effect as a judgment in a civil action and shall
          be subject to enforcement against my property in the same manner as any other money judgment.



          Date                                                               Responsible Party’s Signature upon Agreement to Pay


     b.          Responsible Party,                             , disputes     the amount of fees                             this assessment
                 of his/her ability to pay and has requested a review of the fees assessed.


A REVIEW HEARING ON THE FEES AND/OR ASSESSMENT OF ABILITY TO PAY SHALL BE SET AS
FOLLOWS:

            Hearing          Date of Review Hearing on Reconsideration of Attorney Fees Assessed:
            Date →           Time:                            Judge/Department:




JV-2021 REV 07/01/12         ORDER ON ASSESSMENT AND REPAYMENT OF ATTORNEY FEES                                                       Page 1 of 2
CHILDREN’S NAMES:                                                                  CASE NUMBER:

RESPONSIBLE PARTY:                                                                 RELATED CASES:



2.      No Repayment of Attorney Fees Ordered
        The Court finds that (name):                                  , a person responsible for the support of the children
        named above, is unable to repay the cost of legal services rendered in the cases above directly to him or her or
        to the children named above. Notwithstanding any determination of ability to repay the cost of legal services,
        the Court does not order (name):                                              , a person responsible for the support
        of the children named above, to repay the costs for the following reason(s):

        a.       The repayment will pose a barrier to reunification because it will limit the party’s ability to comply with
                 the requirements of his or her reunification plan; or

        b.       The repayment will cause a financial hardship or repayment would be unjust under the circumstances
                 of the case.

3.      THIS ORDER IS BASED ON: (Check all that apply.)
        a.      The Court’s review of the Financial Declaration and the responsible party’s agreement to repay costs of
                 legal services.

        b.       The Court’s review of the Financial Declaration after a hearing where the responsible party has
                 appeared and has disputed his or her ability to repay the costs and has requested a hearing.

        c.       The Court’s review of the Financial Declaration and evidence presented at the financial hearing.

        d.       The Court’s review of the Financial Declaration after the responsible party has been properly noticed
                 and has failed to appear at the financial hearing.

        e.       Review of the Financial Declaration and determination of inability to repay costs of legal services.




Date:
                                                                  Judicial Officer of the Superior Court    Deputy Clerk



                                             CLERK’S CERTIFICATE OF SERVICE

I certify that I am not involved in this case. This Order on Assessment and Repayment of Attorney Fees was served
on the responsible party by             personal service      mail. Counsel for the responsible party was served by
personal service       mail        pony mail at the street address listed above.



Date:                                                          Clerk, By                                            , Deputy




JV-2021 REV07/01/12       ORDER ON ASSESSMENT AND REPAYMENT OF ATTORNEY FEES                                        Page 2 of 2
                                                                                                        ATTACHMENT JV-2022
 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address):                             FOR COURT USE ONLY




 TELEPHONE NUMBER:                                  FAX NUMBER (Optional):

 EMAIL ADDRESS (Optional):

 ATTORNEY FOR (Name):

 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      COURT ADDRESS:          115 Terraine Street
    MAILING ADDRESS:          191 North First Street
   CITY AND ZIP CODE:         San José, CA 95113
         BRANCH NAME:         Juvenile Dependency
 CHILDREN’S NAMES:


                                                                                       CASE NUMBER:
        ADVISEMENT AND ACKNOWLEDGEMENT RE: RIGHT TO
         COUNSEL IN JUVENILE DEPENDENCY PROCEEDING                                     RELATED CASES:



You have the right to be represented by an attorney in this case (W&I Section 316).

You may have a court-appointed attorney if you cannot or do not want to hire an attorney yourself.

If you choose to have a court-appointed attorney, you may later have to pay fees for that
attorney’s services, depending on your financial circumstances and your ability to pay.

                                                    IMPORTANT – PLEASE NOTE

You also may have to pay fees for the services of the attorney who represents your children,
depending on your financial circumstances and your ability to pay.

                                                       FINANCIAL DECLARATION

Complete the attached Financial Declaration (JV-2020). The Financial Declaration will be used by
the Court to determine your ability to pay for the representation of your minor children.

If you choose to have a court-appointed attorney, the Financial Declaration will also be used to
assess your ability to pay for your own costs.

Failure to fill out the Financial Declaration does not prevent the Court from ordering that you pay
attorneys fees.



 I ____________________________________________, understand this Advisement and have
received the Financial Declaration Packet.



Dated: ______________________                                                ____________________________________
                                                                             Signature



JV-2022 REV 07/01/12                     ADVISEMENT AND ACKNOWLEDGEMENT                                                    Page 1 of 1
                             RE: RIGHT TO COUNSEL IN JUVENILE DEPENDENCY PROCEEDINGS
                                                                                                     ATTACHMENT JV-2023
                                                                                                    FOR COURT USE ONLY
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
      STREET ADDRESS:      115 Terraine Street
     MAILING ADDRESS:      191 North First Street
     CITY AND ZIP CODE:    San José, California 95113
           BRANCH NAME:    Juvenile Dependency Court
  In RE:



  PARTY:

 Relationship to Child         Parent            Guardian
                                                                                     CASE NUMBER:                          DEPT.
           ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL

Fill out this form if you wish to represent yourself. Initial the box for the applicable items only if you understand and
agree with them, and sign and date the form where it says “PARTY’S SIGNATURE” on page 4. If you have any
questions about anything on this form, please ask the judge.

CONSTITUTIONAL RIGHTS                                                                                                    INITIALS

1.    I am a party in the above-entitled case, and I certify to the Court that I can read and write.

2.    I understand that my constitutional rights include the following:

      A.    Right to An Attorney – I understand that I have the right to be represented by an attorney
            at all stages of the proceedings and, if the Court finds that I do not have funds to employ
            an attorney, one will be appointed for me by the Court.

      B.    Right to Subpoena Witnesses and Records – I understand that I have the right to the
            reasonable use of the process of the Court to subpoena any witnesses, records, or other
            evidence that I may need in my case.

      C.    Right to Confront and Cross-Examine Witnesses – I understand that I have the right to
            confront and cross-examine in open court all persons and witnesses whose statements are
            presented as evidence by others at a trial.

      D.    Right Against Self-Incrimination – I understand that I have the right to testify at a trial,
            but that I cannot be compelled to testify in a way that is self-incriminating at a trial unless I
            so desire.

      E.    Right to Self-Representation – I understand that I have a right to self-representation and
            may waive my right to counsel. I further understand that if I am permitted to represent
            myself, I will have to conduct my own defense WITHOUT ASSISTANCE OF A LAWYER.
BACKGROUND
3. In support of my petition to proceed as self-represented, I offer the Court the following biographical information.

     A.     Age:                      Year of Birth:
     B.     Education:
            (1)    High School Attended:
            (2)    High School Graduate:            Yes     No
            (3)    Additional Formal Education (if any):




JV-2023 REV 07/01/12                                                                                                        Page 1 of 4
                                   ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
                                                                                                ATTACHMENT JV-2023
CASE TITLE                                                                            CASE NUMBER:




           (4)    Legal Education (if any):




     C.    Employment Experience:




     D.    I have previously been granted the right to represent myself in the following criminal and/or juvenile court
           matters.


           Case                          Court                            Year                         Result


           Case                          Court                            Year                         Result


           Case                          Court                            Year                         Result

DISADVANTAGES TO SELF-REPRESENTATION                                                                            INITIALS

5.   I understand that there are many disadvantages in representing myself. Among those
     disadvantages of not having a licensed attorney are the following

     A.    I understand that if I am permitted to represent myself it will be necessary for me, WITHOUT
           THE ASSISTANCE OF A LAWYER OR THE COURT, to follow all the technical rules of
           substantive law, juvenile court and civil procedure, and evidence.

     B.    I understand the case against my parental and/or custody rights will be handled by County
           Counsel who is an experienced trial attorney, and that I will not be entitled to special
           consideration or assistance by the Court during the course of any hearing or trial.

     C.    I understand that if I am permitted to represent myself, it will be necessary for me to,
           WITHOUT THE ASSISTANCE OF A LAWYER, conduct my own trial consisting of but not
           limited to: making pretrial motions; cross-examining the witnesses for the Department of
           Children and Family Services; subpoenaing and presenting my own witnesses and evidence
           presented by other counsel; making appropriate objections and motions during the course of
           any trial or hearing; presenting and laying the foundation for proposed exhibits to the Court;
           making arguments at trial and hearings; making appropriate motions after trials and Court
           decisions; representing myself at the time of the disposition hearing and future hearings, if
           any, in the event the petition is sustained.

     D.    I understand that I cannot and will not receive any help or special treatment from the Court.



     E.    I understand that no continuance will be allowed without a showing of good cause, and that
           such a request made just before trial will most likely be denied.


      F.   I understand that depending on the stage of my case, if I ask to give up my self-represented
           status and request counsel to handle my case, the Court may deny this request and I may
           have to proceed with a trial or hearing without an attorney’s help.

JV-2023 REV 07/01/12                                                                                               Page 2 of 4
                                 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
                                                                                                 ATTACHMENT JV-2023
CASE TITLE                                                                             CASE NUMBER:




                                                                                                               INITIALS

     G.     I understand that I must not abuse the dignity of the Court. I understand that the Judge may
            terminate my right to self-representation in the event that I engage in serious misconduct or
            obstruct the progress of the proceedings. I understand that if my self-represented status is
            terminated, I may have to be represented by a lawyer, appointed by the Judge, who will then
            take over the case at that stage.

     H.     I understand that if an appointed attorney does take over my case, that attorney may be in a
            disadvantaged position and that such a disadvantage will not be considered an issue on
            appeal.

       I.   I understand that misconduct occurring outside of court may result in restriction or
            termination of my privilege to represent myself.


      J.    I understand in the event of the sustaining of a petition and an appeal, by acting as my own
            lawyer, I give up and waive my constitutional right to effective assistance of counsel as a
            possible ground for appeal.

     K.     I understand that these proceedings pose a serious threat to my parental rights, including
            the possibility that I may ultimately lose my parental rights.


Disadvantages Specific to Persons in Jail or Prison:

      L.    I understand that because of my custodial status, it will be difficult for me to contact
            witnesses and investigate my case. I understand that I will have limited access to a
            telephone, which will make preparations for trial more difficult, and that I will be provided no
            more access to the law library (if any) than any other self-represented inmate.

     M.     I understand that in conducting the trial while in custody, I will be limited in my movements in
            the courtroom. All documents, for example, will be handed to witnesses, when necessary,
            through the bailiff. I will be required to remain in my seat at counsel table and will not have
            freedom of movement in the courtroom.

     N.     I also understand that my self-represented status will not shield me from disciplinary actions
            within the jail, and that I will be subjected to the same disciplinary measures as all other
            inmates for misconduct occurring in jail.


ADVISEMENTS                                                                                                    INITIALS

6.   By initialing the following, I acknowledge each example of information possessed by an attorney
     that is reasonably necessary to effectively defend my parental rights:

7.   The Judge is the sole trier of fact in a Juvenile Dependency proceeding and has control over the
     course of legal due process in the case. An attorney’s job is to ensure that proper legal due
     process is followed.

8.   Decisions by the Judge sometimes require different levels of proof.



9.    Not all decisions by the Judge are appealable. Appealable decisions require different appellate
      processes.


JV-2023 REV 07/01/12                                                                                              Page 3 of 4
                                 ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
                                                                                                   ATTACHMENT JV-2023
CASE TITLE                                                                               CASE NUMBER:




                                                                                                                 INITIALS

10. If the Court takes jurisdiction over your children, it may then order you to do a case plan to either
    maintain custody or to reunify. The contents of a case plan are subject to legal due process.


11. Failure to follow court orders can significantly jeopardize your parental rights.



COURT’S ADVICE AND RECOMMENDATION                                                                                INITIALS

12. I understand that it is the advice and recommendation of this Court that I do not represent myself
     and that I accept court-appointed counsel. I understand that if I accept court-appointed counsel,
     an experienced lawyer will be assigned to my case. I understand that the lawyer would be able
     to investigate my case, file motions as necessary, and advise me on what to do.

13.     I understand that this written waiver of my right to counsel will be filed and become part of the
        Court case file. I further understand that on any appeal that may be taken, or upon the filing of a
        petition for an Extraordinary Writ, this petition will be forwarded to any court of appeal and will be
        considered by the Court in determining whether I knowingly and intelligently waived my right to
        counsel.

14. I understand all that I have read and all that the Court has told me. It is my personal desire that I
     be granted permission by the Court to proceed self-represented. I understand that by making
     this request I am giving up the right to be represented by a lawyer.


I hereby certify that I have read, understood and considered all of the above warnings included in this petition, and I
still want to represent myself. I freely and voluntarily give up my right to have a lawyer represent me.


Date:                                                 Signed:



                                       INTERPRETER’S STATEMENT (if applicable)


I, have been duly sworn or having a written oath on file, certify that I truly translated this form to the party in the
language indicated below. The Respondent stated that he or she understood the contents on the form, and then
initialed and signed the form.

Language:              Spanish     Other (specify):



Date:                                                 Signed:
                                                                                       Court Interpreter



                                                                                       Type or Print Name:




JV-2023 REV 07/01/12                                                                                                Page 4 of 4
                                  ADVISEMENT AND WAIVER OF RIGHT TO COUNSEL
                                                                            ATTACHMENT JV-2029


                      SUPERIOR COURT OF CALIFORNIA
                      COUNTY OF SANTA CLARA




                           DEPENDENCY MEDIATION OUTCOME FORM

1.   Case Name (Oldest Child):
2.   Case Number:
3.   Mediation Date:
4.   Outcome (Please mark only one of the following):
     a.         Full Agreement: All issues addressed in mediation were resolved.
     b.         Partial Agreement: One or more issues addressed in mediation were resolved, and
                at least one issue remains unresolved.
     c.         No Agreement: No issues addressed in mediation were resolved.
5.   This form is to be completed by County Counsel on every case following the parties’ return to
     court.

Terraine: Please return to the Dependency Mediation Outcome box outside of Juvenile Dependency
Mediation Office.

South County: Please return to the black drop box on the right side of the lobby as you exit the
courthouse.




JV-2029 REV 1/01/13
                           DEPENDENCY MEDIATION OUTCOME FORM
                                      SUPERIOR COURT OF CALIFORNIA
                                         COUNTY OF SANTA CLARA
                                                      PROBATE RULES


INTRODUCTION

1   ADMINISTRATION AND GENERAL POLICIES......................................................................1
    A.  SCOPE ....................................................................................................................................1
    B.  ALL PURPOSE JUDGE.........................................................................................................1
    C.  CASE ASSIGNMENT............................................................................................................1
    D.  VENUE ...................................................................................................................................1
    E.  CONSOLIDATION................................................................................................................1
    F.  COORDINATION WITH CUSTODY CASES .....................................................................1
    G.  PROBATE CALENDAR........................................................................................................2
    H.  TELEPHONIC APPEARANCE ............................................................................................2
    I.  DEADLINE FOR SUBMITTING PROPOSED ORDERS IN UNCONTESTED
        MATTERS..............................................................................................................................2
    J.  OBJECTIONS.........................................................................................................................2
    K.  CONTESTED MATTERS......................................................................................................3
    L.  APPROVED MATTERS........................................................................................................4
    M.  CONTINUANCES .................................................................................................................4
    N.  APPOINTMENTS ..................................................................................................................4
    O.  WITHDRAWAL OF ATTORNEY OF RECORD.................................................................4
    P.  COURT COMMUNICATION REGARDING RESTRAINING ORDERS ..........................5
    Q.  PRIVACY REQUIREMENTS FOR DOCUMENTS FILED IN PROBATE MATTERS ....6
    R.  COURT INVESTIGATOR REPORTS .............................................................................. 6

2   NOTICES, PETITIONS, DECLARATIONS, AND ORDERS ....................................................7
    A.   FORMAT OF DOCUMENTS SUBMITTED FOR FILING .................................................7
    B.   PREPARATION OF NOTICES, PETITIONS, DECLARATIONS, ORDERS AND
         PRINTED PROBATE FORMS..............................................................................................7
    C.   SIGNATURE BY ATTORNEY.............................................................................................7
    D.   NOTICE..................................................................................................................................7
    E.   NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN...................................7
    F.   PETITIONS FOR EX PARTE ORDERS...............................................................................8
    G.   PROBATE ORDERS..............................................................................................................8
    H.   ORDERS CORRECTING CLERICAL ERRORS .................................................................9
    I.   LATE FILINGS ......................................................................................................................9
    J.   FACSIMILE FILING .............................................................................................................9

3   APPOINTMENT OF EXECUTORS AND ADMINISTRATORS…………………………….11
    A.   LETTERS OF SPECIAL ADMINISTRATION ..................................................................11
    B.   PETITION FOR PROBATE OF WILL OR CODICIL........................................................11
    C.   ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES ............................11
    D.   PUBLICATION....................................................................................................................12
    E.   LETTERS .............................................................................................................................12
    F.   DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM ...................12
    G.   REMOVAL OF PERSONAL REPRESENTATIVE............................................................12
                                        SUPERIOR COURT OF CALIFORNIA
                                           COUNTY OF SANTA CLARA
                                                        PROBATE RULES

4   BONDS.............................................................................................................................................13
    A.  AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION
        OF ESTATE ACT (IAEA) ...................................................................................................13
    B.  NON-RESIDENT PERSONAL REPRESENTATIVE ........................................................13
    C.  INCREASE OR DECREASE IN AMOUNT OF BOND.....................................................13
    D.  REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING ASSETS
        IN BLOCKED ACCOUNT AND PROVIDING RECEIPTS ..............................................13
    E.  BOND ON BORROWING...................................................................................................14
    F.  BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS FIDUCIARY…. 14
    G.  STATEMENT RE SUFFICIENCY OF BOND IN REPORTS ACCOMPANYING
        ACCOUNTINGS..................................................................................................................14

5   THE INDEPENDENT ADMINISTRATION OF ESTATES ACT............................................14
    A.   PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT TO THE
         INDEPENDENT ADMINISTRATION OF ESTATES ACT (IAEA).................................14
    B.   EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED..............................15
    C.   REPORT OF ACTIONS TAKEN UNDER THE IAEA ......................................................15
    D.   FILING NOTICE OF PROPOSED ACTION WITH COURT ............................................15

6   FAMILY ALLOWANCE...............................................................................................................15
    A.   BY PETITION TO THE COURT ........................................................................................15
    B.   BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE INDEPENDENT
         ADMINISTRATION OF ESTATES ACT...........................................................................15
    C.   INCOME AND EXPENSE DECLARATION .....................................................................15
7   SALE UNDER COURT SUPERVISION .....................................................................................16
    A.   PUBLICATION OF NOTICE OF INTENTION TO SELL.................................................16
    B.   PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;
                    SALE PROCEDURE...................................................................................16
8   PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS......................................17
    A.   PETITION FOR INSTRUCTIONS......................................................................................17
    B.   APPOINTMENT OF SUCCESSOR TRUSTEE..................................................................17
9   ACCOUNTS, REPORTS, FEES COMMISSIONS, AND DISTRIBUTION............................18
    A.  FORM OF ACCOUNTS ......................................................................................................18
    B   ALLEGATIONS REGARDING CREDITOR’S CLAIMS AND REPORT OF
        ACTIONS TAKEN UNDER IAEA .....................................................................................22
    C.  FRANCHISE TAX BOARD CERTIFICATE......................................................................22
    D.  STATUTORY COMMISSIONS AND FEES ......................................................................22
    E.  COMPENSATION FOR EXTRAORDINARY SERVICES ...............................................23
    F.  COSTS ..................................................................................................................................23
    G.  COMPENSATION ...............................................................................................................24
    H.  NO COMPENSATION WITHOUT COURT ORDERS .....................................................24
    I.  PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE LISTED...........24
    J.  AGREEMENTS FOR DISTRIBUTION OF ASSETS ........................................................25
    K.  FILING OF RECEIPTS FOR PRELIMINARY DISTRIBUTIONS ...................................25
                                      SUPERIOR COURT OF CALIFORNIA
                                         COUNTY OF SANTA CLARA
                                                      PROBATE RULES
10   SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY PETITIONS .............25
     A.   WHEN FILED WITH PETITION FOR PROBATE............................................................25
     B.   SURVIVORSHIP CONDITION IN WILL ..........................................................................25
11   CONSERVATORSHIPS................................................................................................................26
     A.  PETITION FOR APPOINTMENT OF CONSERVATOR..................................................26
     B.  REFERRAL FOR INVESTIGATOR’S REPORT; TRANSMITTAL OF
         DOCUMENTS TO COURT INVESTIGATOR ..................................................................28
     C.  NOTICE OF HEARING.......................................................................................................28
     D.  DUTIES OF CONSERVATOR............................................................................................28
     E.  ATTENDANCE AT THE HEARING..................................................................................28
     F.  CONTESTED MATTERS....................................................................................................29
     G.  PURCHASE OF HANDBOOK AND VIEWING OF FILM...............................................29
     H.  ORDER APPOINTING CONSERVATOR .........................................................................30
     I.  FILING OF INVENTORY AND APPRAISAL...................................................................30
     J.  PLACEMENT AND LEVEL OF CARE ASSESSMENT FOR CONSERVATEE ............30
     K.  LETTERS OF CONSERVATORSHIP OF THE ESTATE .................................................31
     L.  ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR ........................................31
     M.  SALE OF CONSERVATEE’S RESIDENCE ......................................................................31
     N.  CHANGE OF ADDRESS OF CONSERVATOR OR CONSERVATEE ...........................31
     O.  REMOVAL OF CONSERVATEE FROM CALIFORNIA .................................................31
     P.  APPOINTMENT OF LIMITED CONSERVATOR FOR THE
         DEVELOPMENTALLY DISABLED..................................................................................32
     Q.  REMOVAL OF CONSERVATOR ......................................................................................32
     R.  TERMINATION OF CONSERVATORSHIP .....................................................................32
     S.  DEATH OF CONSERVATEE .............................................................................................33
     T.  CONFIDENTIAL SUPPLEMENTAL INFORMATION ....................................................33
     U.  TEMPORARY CONSERVATORSHIPS ............................................................................33
     V.  PRIVATE PROFESSIONAL CONSERVATORS...............................................................35
     W.  CONSERVATEES’ TRUST ................................................................................................38
     X.  NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED JUDGMENT
         PETITIONS ..........................................................................................................................39
12   GUARDIANSHIPS .........................................................................................................................39
     A.  GUARDIAN OF MINOR’S ESTATE .................................................................................39
     B.  PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR’S PERSON..................40
     C.  LOCATION OF GUARDIANSHIP HEARINGS WHERE THERE ARE CASES IN
         BOTH PROBATE AND FAMILY COURTS......................................................................41
     D.  LOCATION OF HEARINGS ON RESTRAINING ORDERS WHERE THERE IS A
         PENDING GUARDIANSHIP .............................................................................................41
     E.  OBJECTION TO GUARDIANSHIP ...................................................................................41
     F.  DUTIES OF GUARDIAN....................................................................................................42
     G.  ATTENDANCE AT THE HEARING..................................................................................42
     H.  CONTESTED GUARDIANSHIP ........................................................................................42
     I.  CHANGE OF RESIDENCE OF GUARDIAN OR WARD.................................................45
     J.  USE OF WARD’S ASSETS FOR SUPPORT .....................................................................46
                                         SUPERIOR COURT OF CALIFORNIA
                                            COUNTY OF SANTA CLARA
                                                PROBATE RULES
     K.         ACCOUNTINGS..................................................................................................................46
     L.         TERMINATION OF GUARDIANSHIP OF THE PERSON ..............................................46
     M.         TEMPORARY GUARDIANSHIPS.....................................................................................47
     N.         REMOVAL OF GUARDIAN ..............................................................................................47
     O.         VISITATION........................................................................................................................48
     P.         FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA .......................................48

13   GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF MINORS
     AND INCOMPETENT PERSONS ...............................................................................................48
     A.   GUARDIAN AD LITEM .....................................................................................................48
     B.   WHERE PETITIONS ARE PRESENTED ..........................................................................48
     C.   CONTENTS OF PETITION.................................................................................................48
     D.   PRESENCE OF MINOR OR PERSON WITH A DISABILITY ........................................49
     E.   EX PARTE PETITIONS ......................................................................................................49
     F.   ATTORNEY’S FEES ...........................................................................................................49
     G.   MEDICAL MALPRACTICE MATTERS ...........................................................................49
     H.   DISTRIBUTION...................................................................................................................49
     I.   FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES ........................50
     J.   TRANSFER OF ASSETS OF A MINOR OR A PERSON WITH A DISABILITY...............
          ...............................................................................................................................................50

14   COMPENSATION OF REFEREES.............................................................................................51

15   MINOR’S EMANCIPATION........................................................................................................51
     A.  DEPARTMENT....................................................................................................................51
     B.  INVESTIGATION................................................................................................................51
     C.  REPRESENTATION............................................................................................................51
     D.  STATEMENT.......................................................................................................................51
     E.  APPEARANCE ....................................................................................................................51

16   REMOVAL OF TRUSTEE ...........................................................................................................51

17   NAME CHANGE............................................................................................................................52
     A.  DEPARTMENT....................................................................................................................52
     B.  AGE OF MINOR..................................................................................................................52
     C.  WRITTEN CONSENT .........................................................................................................52

18   LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIPS..................................52
     A.   ACCOUNTING – TERMINATION OF ONE-YEAR LPS CONSERVATORSHIPS OF
     THE PERSON AND ESTATE.........................................................................................................52

19   PETITION FOR WRIT OF HABEAS CORPUS RE: QUARANTINE DETENTION...........53


ATTACHMENTS PB-4000 to PB-4062
                       SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA

                                  PROBATE RULES



                              SANTA CLARA COUNTY
                                 SUPERIOR COURT
                                 191 North First Street
                               San José, California 95113


       Probate Calendar                                            (408) 882-2100 x2649
       Probate Filing                                              (408) 882-2100 x2654
       Probate Examiner                                            (408) 882-2100 x2668
       Court Investigator                                          (408) 882-2761
       Probate Staff Attorney                                      (408) 882-2100 x2668
       Preapproved Matter Recording                                (408) 882-2100 x2650




                                  INTRODUCTION

These local rules describe rules of practice in probate matters in Santa Clara County not
covered by the Probate Code and the Rules of Court of the Superior Court of California,
County of Santa Clara County and are subject in any particular case to the discretion of
the Court. All parties are directed to the California Rules of Court, Title Seven, Probate
Rules.
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
RULE 1           ADMINISTRATION AND GENERAL POLICIES

           A.    SCOPE
                 The Probate Department will hear all matters concerning the Probate Code, or
                 related matters, as well as adoptions, terminations of parental rights, name
                 changes, minor’s compromise matters, and mental health matters under the
                 Lanterman Petris Short (LPS) Act.
(Eff. 1/01/10)
           B.    ALL PURPOSE JUDGE
                 All matters filed in the Probate Department, including trials, shall be assigned to
                 the Supervising Judge of the Probate Department as the All Purpose Judge (APJ).
(Eff. 1/01/10)
           C.    CASE ASSIGNMENT
                 If a case is sent for trial to the Civil Division based upon its expected length or for
                 other reasons, the APJ shall hear all issues up to trial, including any ex parte
                 requests, with the exception of discovery issues. Discovery issues shall be heard
                 in the Civil Discovery Department. However, if a court employee or deputy
                 sheriff working in the Probate Department, or a member of his or her family, is a
                 party to a case, the Supervising Judge of the Probate Department shall transfer the
                 case to the Civil Division for assignment for all purposes.
(Eff. 1/01/12)
           D.    VENUE

                 All probate proceedings in Santa Clara County must be filed in the Probate
                 Department of the Santa Clara County Superior Court, located at 191 N. First
                 Street, San José, CA 95113.

           E.    CONSOLIDATION

                 Whenever it appears that two or more petitions with different case numbers have
                 been filed with reference to the same decedent, conservatee, minor, or trustee, the
                 Court will consolidate all of the matters with the matter bearing the lowest
                 number.
(Eff. 7/01/08)
           F.    COORDINATION WITH CUSTODY CASES
                 If there is an action in Family Court regarding the custody of a minor child and an
                 action for Guardianship of the Person or Person and Estate of the minor child in
                 the Probate Court, the cases will be coordinated for hearing purposes and assigned
                 for hearing to the Probate Court. (See also Rule 12 C & D.)
(Eff. 7/01/10)




                                                   1
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
           G.    PROBATE CALENDAR

                 Probate cases are heard at 9:00 a.m. Monday, Wednesday, Thursday, and Friday,
                 in the Probate Department, except for petitions to appoint guardians and to
                 terminate guardianships prior to the age of majority, which are heard at 9:00 a.m.
                 on Tuesday, and petitions to appoint conservators and to terminate
                 conservatorships prior to the death of the conservatee, which are heard at 1:30
                 p.m. on Tuesday.
(Eff. 1/01/07)
                 Parties are required to reserve a hearing date by calling the Probate Calendar
                 Clerk prior to the filing of the petition. In order to file a new matter, a party must
                 obtain a case number and hearing date from the Probate Calendar Clerk or
                 Probate Clerk. Paperwork must be filed within two weeks of assignment of the
                 case number or the reserved hearing date will be vacated and the case number
                 will be forfeited.
(Eff. 7/01/12)


           H.    TELEPHONIC APPEARANCE
                 (1)    Telephonic appearances on the Probate Calendar are governed by
                        California Rule of Court (CRC) 3.670.
                 (2)    Telephonic appearances must be coordinated in advance by counsel or a
                        self-represented party through an independent vendor, currently CourtCall
                        (888-88-COURT). However, when a Petition for Writ of Habeas Corpus
                        Re: Quarantine Detention is brought and an Order for Writ Issuance is
                        granted, Petitioner shall directly call the department where the case is
                        assigned. The department direct line shall be indicated on the face of the
                        Writ of Habeas Corpus Re: Quarantine Detention which is issued by the
                        Clerk of the Court.
(Eff. 7/01/11)
                 (3)    Telephonic appearances are not permitted for initial conservatorship or
                        guardianship appointments, petitions for temporary restraining orders
                        (including elder abuse cases), or petitions to confirm the sale of real
                        property.
(Eff. 1/01/08)
           I.    DEADLINE  FOR   SUBMITTING                       PROPOSED          ORDERS          IN
                 UNCONTESTED MATTERS

                 In all matters where no objections are on file, the petitioning party must submit a
                 proposed order not later than four court days in advance of the scheduled hearing
                 date or the matter may be ordered off calendar.

           J.    OBJECTIONS

                 Objections to any petition may be made orally at the noticed hearing. Unless the
                 Probate Code requires written objections, the Court may hear the oral objections
                 at the noticed hearing, or the Court may require the objections to be in writing.
                                                   2
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 The Court would prefer that objections be filed at least two court days prior to the
                 hearing date. If written objections are required by statute or by the Court, the
                 Court will continue the hearing to allow the objecting party time to file and serve
                 such written objections. The Court may in its discretion set dates for the filing of
                 written objections and responses thereto. Failure to file and serve such written
                 objections before the date set may be grounds for overruling the objections. The
                 following are local forms which may be used to object to the matters indicated:

                 (1)    Objection to Petition to Remove Conservator (attached form PB-4035)

                 (2)    Objection to Petition to Remove Guardian (attached form PB-4036)

                 (3)    Objection to Petition to Remove Personal Representative (attached form
                        PB-4037)

                 (4)    Objection to Petition to Remove Trustee (attached form PB-4038).
(Eff. 1/01/08)
                 (5)    Objection to Petition to Terminate Guardianship (attached form PB-4039)
(Eff. 1/01/09)
                 (6)    Objection to Guardianship (attached form PB-4043)
(Eff. 1/01/09)
                 (7)    Objection (attached form PB-4045)
(Eff. 7/01/09)
           K.    CONTESTED MATTERS

                 (1)    SUBMISSION ON THE PLEADINGS

                        At-issue, contested matters that are ready for hearing and that parties will
                        submit on the pleadings without oral argument may be taken under
                        submission or ruled upon at the scheduled hearing.
(Eff. 1/01/09)
                 (2)    HEARING
(Eff. 1/01/09)
                        At-issue, contested matters that are ready for hearing and for which the
                        total hearing time does not exceed one day may be heard in the Probate
                        Department on the date noticed or a continued hearing date. The setting or
                        assignment of all other contested matters including the assignment of
                        cases to the master trial calendar will be made by the Probate Judge.
(Eff. 1/01/07)
                 (3)    TRIAL BRIEFS

                        If a party elects to file a trial brief relating to an evidentiary hearing set in
                        a probate matter, the trial brief must be filed and served no later than
                        seven court days before the scheduled hearing. Any responsive briefs
                        must be filed and served no later than three court days before the
                        scheduled hearing. Courtesy copies of any trial briefs and responsive
                        briefs shall be delivered to the courtroom of the judicial officer hearing the
                        matter on the date of filing. Attaching copies of previously filed
                        documents as exhibits to trial briefs is discouraged.
(Eff. 1/01/09)
                                                   3
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
           L.    APPROVED MATTERS

                 Approved matters are those that have been reviewed and found satisfactory before
                 the date set for hearing. Personal appearance by parties is not required on
                 approved matters. A list of approved matters is posted at the door of the probate
                 courtroom at the time of the hearing. Interested parties may call (408) 882-2100
                 x2650, to hear a recording with a list of pre-approved matters for the following
                 day's calendar, or may consult the pre-approved list on the Court’s website at
                 www.scscourt.org. Approved matters for which objections are made at the
                 hearing may be continued. There are no pre-approved matters for the Tuesday
                 guardianship and conservatorship calendars.
(Eff. 1/01/09)
                 All approved probate orders will be signed immediately after the calling of the
                 probate calendar. Parties may pick up their orders at that time.
(Eff. 1/01/09)
           M.    CONTINUANCES

                 On the call of the calendar, a matter may be continued for such period as the
                 Court in its sole discretion will determine if a party personally appears on the
                 hearing date and requests a continuance. The Court discourages repeated
                 continuances of a matter.
(Eff. 1/01/09)
                 A continuance may be granted without the need for a court appearance only if all
                 parties agree. The request may be made by a telephone call to the Probate
                 Examiner’s Office. The Court may deny any continuance request.
(Eff. 1/01/09)

           N.    APPOINTMENTS

                 If in any matter a party believes a conference with the Probate Examiner or the
                 Probate Staff Attorney would be appropriate, an advance appointment should be
                 made with the Probate Examiner's office (408) 882-2100 x2668.

           O.    WITHDRAWAL OF ATTORNEY OF RECORD

                 Any attorney wishing to withdraw from a proceeding under the Probate Code as
                 attorney of record whose client will not consent to sign a substitution of attorney
                 may file a motion or petition seeking such relief and must follow the procedures
                 and use the Judicial Council forms specified in CRC 3.1362.
(Eff. 7/01/07)
                 The Court does not favor the substitution of conservator, executor, administrator,
                 guardian or trustee in propria persona in lieu of attorney of record, unless it is
                 clearly shown that the person acting in propria persona is able to perform the
                 necessary duties and file necessary documents without legal representation.




                                                  4
RULE 1 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
           P.    COURT COMMUNICATION REGARDING RESTRAINING ORDERS
                 (1)   PROCEDURE IN PROBATE COURT
                       a.     Subject to available resources, the Family, Juvenile, and Probate
                              Courts shall examine appropriate available databases for existing
                              restraining or protective orders involving the same restrained and
                              protected parties before issuing permanent CLETS Civil
                              Restraining Orders. In the event that this information is not
                              available to the judicial officer, inquiry shall be made of the parties
                              before issuing permanent CLETS Civil Restraining Orders.
                       b.     Any order of the Family, Juvenile, or Probate Court that permits
                              contact between a defendant/restrained person subject to either
                              CLETS Civil Restraining Orders or Criminal Protective Orders and
                              his or her children, shall contain specific language setting forth the
                              time, day, place, and manner of the transfer of the children,
                              including the safe exchange of the children, in accordance with
                              § 3100 of the Family Code. Such an order shall not contain
                              language that conflicts with a Criminal Protective Order. Safety of
                              all parties shall be the Court’s paramount concern. The Court or a
                              Court-related agency may recommend safe and specific contact
                              with the children and direct the defendant/restrained person and/or
                              the victim/protected person to the process for modification of
                              protective orders.
                 (2)   MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
                       a.     Any Court responsible for issuing custody or visitation orders
                              involving minor children of a defendant/restrained person subject
                              to a Criminal Protective Order may modify the Criminal Protective
                              Order if all of the following circumstances are satisfied:
                              i.     Both the defendant/restrained person and the victim/
                                     protected person are subject to the jurisdiction of the
                                     Family, Juvenile, or Probate Court, and both parties are
                                     present before the Court.
                              ii.    The defendant/restrained person has been convicted of or is
                                     currently charged with a domestic violence related offense
                                     in Santa Clara County and a Criminal Protective Order has
                                     issued and is still in effect..
(Eff. 1/01/13)
                              iii.   The Family, Juvenile, or Probate Court identifies a
                                     Criminal Protective Order issued against the defendant,
                                     which is inconsistent with a proposed Family, Juvenile, or
                                     Probate Court Order, such that the Family, Juvenile, or
                                     Probate Order is/will be more restrictive than the Criminal
                                     Protective Order or there is a proposed custody or visitation
                                                 5
RULE 1 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
                                       order which requires recognition in the Criminal Protective
                                       Order (Boxes 13 or 14 or both on the Criminal Protective
                                       Order form).
(Eff. 1/01/07)
                                iv.    The defendant signs an appropriate waiver of rights form or
                                       enters a waiver of rights on the record.
                                v.     Both the victim/protected person and the defendant/
                                       restrained person agree that the Criminal Protective Order
                                       may be modified to a more restrictive order or to add Box
                                       13 or 14 or both to the Criminal Protective Order.
(Eff. 1/01/07)
                        b.      The Family, Juvenile, or Probate Court may not modify existing
                                Criminal Protective Orders to be less restrictive. Only if children
                                are not listed as protected persons, a modification of the Criminal
                                Protective Order to check Box 13 or 14 or both shall not be
                                considered less restrictive.
(Eff. 1/01/07)
                        c.      The Family, Juvenile, or Probate Court may on its own motion or
                                at the request of a defendant, protected person or other interested
                                party, calendar a hearing before the Criminal Court on the issue of
                                whether a Criminal Protective Order should be modified. The
                                Family, Juvenile, or Probate Court shall provide the Criminal
                                Court with copies of existing or proposed Orders relating to the
                                matter. Notice of the hearing will be provided to all counsel and
                                parties.
(Eff. 1/01/07)
           Q.    PRIVACY REQUIREMENTS FOR DOCUMENTS FILED IN PROBATE
                 MATTERS

                 (1)    Social Security Numbers

                        If an individual’s social security number must be included in a pleading or
                        other court form, only the last four digits of the social security number
                        should be used. If the social security number is required by the Court
                        Investigator to complete the investigation, the number shall be supplied
                        only to the Court Investigator, absent a court order.
                 (2)    Financial Account Numbers
                        If financial account numbers are relevant, only the last four digits of such
                        numbers should be used.
(Eff. 1/01/09)

           R.    COURT INVESTIGATOR REPORTS

                 Court Investigator Reports are confidential documents and are not to be attached,
                 in whole or in part, to any pleadings or other documents to be filed with the Court,
                 other than by the Court Investigator.
(Eff. 1/01/09)

                                                  6
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
RULE 2           NOTICES, PETITIONS, DECLARATIONS, AND ORDERS

           A.    FORMAT OF DOCUMENTS SUBMITTED FOR FILING

                 Documents that exceed 10 pages shall be submitted held by binder clips or two
                 prong fasteners.
                 Exhibit attachments to pleadings shall be separated by a standard size sheet of
                 paper with a title identifying the sequence of the exhibit. No tabs shall be
                 included in any documents submitted for filing.
(Eff. 7/01/12)


           B.    PREPARATION OF NOTICES, PETITIONS,                            DECLARATIONS,
                 ORDERS, AND PRINTED PROBATE FORMS

                 Only current Judicial Council forms, local forms authorized by Santa Clara
                 County, or pleadings typed on pleading paper in compliance with the CRC are
                 acceptable for filing. Judicial Council forms are available on the Judicial Council
                 website www.courtinfo.ca.gov.
(Eff. 1/01/09)


           C.    SIGNATURE BY ATTORNEY
(Eff. 1/01/09)
                 In addition to the requirements of CRC 7.103, an attorney who prepares a petition
                 or other pleading (including those on Judicial Council forms) must sign the
                 document.
(Eff. 1/01/04)
           D.    NOTICE

                 Although the Probate Code may require the probate clerk to cause notice of
                 hearing to be given, the practice in Santa Clara County is for the petitioner or
                 attorney to cause notice to be served and file proper proof of service. See also
                 CRC 7.50 through 7.54.
(Eff. 1/01/04)
           E.    NOTICE TO PERSONS WHOSE ADDRESSES ARE UNKNOWN

                 Where the address of a person to whom notice is required to be mailed or
                 delivered in a probate proceeding, including guardianships conservatorships, and
                 trusts, is unknown, the court will require an affidavit or declaration stating with
                 specificity the efforts that have been made to locate the person, as described in
                 CRC 7.52.
(Eff. 1/01/04)




                                                  7
RULE 2 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
           F.    PETITIONS FOR EX PARTE ORDERS
                 Unless notice is specifically required by the Probate Code, Court order, or these
                 rules, matters may be presented ex parte.

                 All ex parte petitions and other ex parte pleadings and supporting documentation
                 must first be presented to the Probate Examiner's office for review. An ex parte
                 petition or application must contain sufficient facts to justify the orders requested.
                 See also CRC 7.55.
(Eff. 1/01/09)
                 The procedures for submitting ex parte matters to the Probate Court, except in
                 temporary guardianships and conservatorships, are as follows:

                 (1)    The petitioner must first determine if there is anyone who would oppose
                        the matter if he or she knew about it.

                 (2)    If there will be no objection, and the matter is:

                        •   Not urgent: Submit the petition to the Probate Examiner’s office.
                        •   Urgent: Contact the Probate Examiner’s office for an appointment.

                 (3)    If there will be an objection, and the matter is:

                        a. Not urgent: Do not submit it ex parte. Instead, have the matter set for
                           a noticed hearing on the regular Probate calendar.

                        b. Urgent: Contact the Probate Examiner’s office to discuss how the
                           matter will be specially set for hearing. In most cases, the petitioner
                           will be referred to the Probate Judge’s courtroom clerk for
                           coordinating with the Judge’s calendar and the opposition a time when
                           the matter may be heard by the Court.

                 (4)    Notice: A notice and copy of the petition must be served on all parties 24
                        hours before presenting the ex parte petition to the Court. The petition and
                        a proposed order shall be presented to the Probate Examiner’s office with
                        a declaration regarding giving notice. If the matter does not require
                        immediate action, defined to mean action within the day the matter is
                        presented to the Court, the Court will allow 48 hours, not including
                        weekends or holidays, for the opposing party to present the opposition.
                        The Court may dispense with notice for good cause shown.

                 (5)    Temporary guardianships and conservatorships: The above procedures do
                        not apply to temporary guardianships and conservatorships. See sections
                        11. U. and 12. M. of these Rules.
(Eff. 1/01/09)
           G.    PROBATE ORDERS

                 All orders in probate matters must be complete and bear the noticed hearing date
                                                   8
RULE 2 – con’t                SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                         PROBATE RULES
                  and department. A decree of distribution must be drawn so that the full extent of
                  the decree may be determined without reference to the petition on which it is
                  based or to other documents, such as the decedent’s will. If the distribution
                  includes any interest in real property, the legal description, including the
                  assessor’s parcel number, must be included in the body of the decree or in an
                  attachment incorporated by reference. Any proposed Probate Order submitted to
                  the Court for signature must contain a footer with the title of the order on every
                  page, including the signature page, unless it is a Judicial Council form. In
                  addition, the Court signature and date lines must not be on a page by themselves;
                  the signature page must contain some text of the order. If a matter is taken off
                  calendar, any orders submitted will be returned to the party and a new order must
                  be submitted for the re-noticed hearing date. For orders in uncontested matters,
                  see Section 1. I.
(Eff. 7/01/10)
           H.     ORDERS CORRECTING CLERICAL ERRORS

                  If, through inadvertence, the signed order fails to state the order actually made by
                  the Court, and such inadvertence is brought to the attention of the Court, the Court
                  may make an order correcting the mistake. The party must submit an affidavit or
                  a declaration stating the reason for the amended order. The revised order must
                  take the form of an amended order, setting out the entire order in full as corrected.
(Eff. 1/01/09)
           I.     LATE FILINGS

                  All pleadings, documents, and other papers filed within 10 days of the scheduled
                  hearing date must be delivered directly to the Probate Examiner's office for
                  review.

           J.     FACSIMILE FILING

                  (1)    GENERAL POLICY

                         The Probate Department hereby adopts CRC 2.300 et seq., allowing for
                         the facsimile filing of documents in matters covered by the Probate Rules.
(Eff. 01/01/08)
                  (2)    AGENCY FILING

                         Pursuant to CRC 2.303, the Court will accept for filing all documents
                         submitted by fax filing agencies except those documents specified in CRC
                         2.300 (b).
(Eff. 1/01/13)
                         a.      The Court elects to allow the filing of documents by facsimile
                                 transmission through an automated facsimile filing service, which
                                 will send facsimiles directly to the Court. Except as provided
                                 below for elder abuse filings and those filings made at the request
                                 of the Court, persons are not permitted to transmit materials from
                                 their own facsimile machines to the court for filing.
(Eff. 1/01/13)

                                                    9
RULE 2 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
                       b.     The facsimile machine of the independent agency must be
                              available 24 hours a day, although filings received by the agency
                              after 4:00 p.m. or on court holidays shall be deemed filed on the
                              next court day.

                 (3)   ELDER ABUSE DIRECT FILINGS
                       a.     Pursuant to CRC Rule 2.304, et seq., authorized Elder Abuse
                              service providers may directly file restraining order applications,
                              temporary restraining orders, and proofs of personal service by fax.
                              Such filings shall be submitted to a number to be designated by the
                              Court.
(Eff. 1/01/12)
                       b.     A facsimile filing shall be accompanied by an Elder Abuse
                              Facsimile Filing Cover Sheet. (See attached form PB-4058.) This
                              shall be the first page transferred, to be followed by any special
                              handling instructions required. The Court is not required to keep a
                              copy of the cover sheet and attachment.
(Eff. 1/01/12)
                       c.     Each document transmitted for direct filing with the Court shall
                              contain the phrase “by fax” immediately below the title of the
                              document. Each service provider shall also include its applicable
                              PIN number where indicated on the Elder Abuse Facsimile Filing
                              Cover Sheet.
(Eff. 1/01/12)
                       d.     There shall be no facsimile filing fee for the filing of elder abuse
                              restraining orders.
(Eff. 1/01/12)

                 (4)   DIRECT FILINGS MADE AT THE REQUEST OF THE COURT
                       Pursuant to CRC Rule 2.304, only documents specifically requested by the
                               Court, that do not require a filing fee, may be filed directly by
                       parties from their own facsimile machines and be deemed an original by
                       faxing to the Court’s facsimile number at 1-408-882-2694.
(Eff. 1/01/13)
                 (5)   SIGNATURES
                       a.     A person who files or serves a signed document by fax pursuant to
                              the Code of Civil Procedure and this Rule represents that the
                              original signed document is in his or her possession and control.
                 (6)   SERVICE PROVIDERS
                       a.     Service providers shall be required to sign a Memorandum of
                              Understanding with the Court and attend periodic training sessions
                              regarding elder abuse restraining orders and court procedures.



                                               10
RULE 2 – con’t                SUPERIOR COURT OF CALIFORNIA
                                 COUNTY OF SANTA CLARA
                                         PROBATE RULES
                        b.      The Court shall maintain a list of approved service providers for
                                facsimile filing of elder abuse cases. Each approved service
                                provider shall be assigned a PIN number for identification
                                purposes.
(Eff. 1/01/12)


RULE 3           APPOINTMENT OF EXECUTORS AND ADMINISTRATORS

           A.    LETTERS OF SPECIAL ADMINISTRATION

                 Petitions for letters of special administration ordinarily will not be granted on less
                 than 24 hours' notice to the surviving spouse or registered domestic partner, to the
                 nominated personal representative, or to any other person who, in the opinion of
                 the Court, appears to be entitled to notice. In making the appointment, preference
                 is given to the person entitled to letters testamentary or of administration. But if it
                 appears that a bona fide contest exists between these persons, the Court will
                 usually appoint a neutral person or corporation as special administrator. The
                 petitioning party is advised to ascertain whether a bond must be posted prior to
                 the issuance of letters of special administration.
(Eff. 1/01/05)
           B.    PETITION FOR PROBATE OF WILL OR CODICIL

                 When a petition for probate of will or codicil is filed, the original of the document
                 being offered for probate must be filed prior to, or concurrently with, the petition.
                 If the will or any part thereof is handwritten, a typewritten copy of the
                 handwritten portion must also accompany the petition.

                 If the will is in a foreign language, a translation by an expert must be submitted at
                 the time of filing the petition for probate. An affidavit or declaration as to the
                 expertise of the translator must accompany the translation.

           C.    ALLEGATIONS RE HEIRS, BENEFICIARIES, AND FIDUCIARIES

                 In a petition for letters testamentary, letters of administration, letters of
                 administration with will annexed, or letters of special administration, all heirs
                 under Probate Code §§ 6402 and 6402.5 known to the petitioner, and all
                 beneficiaries living at the time of the decedent's death, whether vested or
                 contingent, who at the time of the decedent's death might be entitled to share in
                 the distribution of the estate, whether it consists of separate or community
                 property, must be specifically named. If any named beneficiary predeceased the
                 decedent, that fact must be alleged in the petition with the date of death if known.
                 All beneficiaries provided for in the will whose interests have been revoked by a
                 subsequent codicil must also be named.

                 Where the will devises property to a fiduciary (e.g., trustee, custodian or
                 guardian), the petition, in addition to giving the name and address of the fiduciary,
                 must list the names and addresses of all known beneficiaries of the trust,
                 custodianship, guardianship, etc., who are living or in existence at the date of
                                                   11
RULE 3 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
                 death of the decedent. Alternate or successor trustees, custodians, or guardians
                 need not be named in the petition. If a post office box is listed as the mailing
                 address for a fiduciary or beneficiary, the street address of the fiduciary or
                 beneficiary must also be shown if available.

           D.    PUBLICATION

                 The publication of the Notice of Petition to Administer Estate is sufficient notice
                 of all wills or codicils that are offered for probate and filed with, and specifically
                 referred to in, the petition. Wills or codicils not specifically referred to in the
                 petition must be presented to the Court in an amended or subsequent petition and
                 a new Notice of Petition to Administer Estate must be published.

                 Where the will has been admitted to probate, no new or additional publication of
                 the Notice of Petition to Administer Estate is required upon the filing of a
                 subsequent petition for letters testamentary or letters of administration with will
                 annexed. See Attachment PB-4000 for information to assist in arranging for
                 publication.
(Eff. 7/01/06)
           E.    LETTERS

                 Where the will has been admitted to probate and either there is a vacancy in the
                 office of the personal representative or no letters testamentary have been granted,
                 a new petition for letters testamentary or for letters of administration with will
                 annexed, whichever is applicable, must be filed prior to the issuance of letters.

                 If the will is denied admission to probate after the filing of a petition for letters
                 testamentary or for letters of administration with will annexed, e.g., in the event
                 of a will contest, letters of administration may be granted on the basis of the
                 petition already on file. No new publication of the Notice of Petition to
                 Administer Estate is required.

           F.    DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FORM

                 The personal representative must not provide his or her social security number or
                 driver's license number on the "Duties and Liabilities of Personal Representative"
                 form (Judicial Council Form DE l47), which is required to be filed in the
                 proceeding.

           G.    REMOVAL OF PERSONAL REPRESENTATIVE

                 Individuals requesting removal of a personal representative may petition the Court
                 for an order for removal. The petitioner may use the local form entitled Petition
                 to Remove Personal Representative (attached form PB-4042). Anyone objecting
                 to a petition to remove the personal representative may use the local form entitled
                 Objection to Petition to Remove Personal Representative (attached form
                 PB-4037).
(Eff. 1/01/08)

                                                  12
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
RULE 4           BONDS

           A.    AMOUNT OF BOND UNDER INDEPENDENT ADMINISTRATION OF
                 ESTATE ACT (IAEA)

                 If a bond is required of the personal representative, the amount of bond required
                 of a personal representative granted full authority under the IAEA must include
                 the estimated value of the personal property, the estimated net proceeds of the real
                 property that may be sold under the IAEA, and the estimated value of the annual
                 gross income of all of the property belonging to the estate.

           B.    NON-RESIDENT PERSONAL REPRESENTATIVE

                 The Court will ordinarily require a non-resident personal representative to post
                 bond, even if the will waives bond, unless waivers of bond from all heirs or
                 beneficiaries are filed, in which case the Court, in its sole discretion, may not
                 require a bond.
(Eff. 1/01/09)

           C.    INCREASE OR DECREASE IN AMOUNT OF BOND

                 When it appears to the Court that the bond of any fiduciary is insufficient, the
                 amount of the bond must be increased at the discretion of the Court. Counsel,
                 personal representatives, guardians, and conservators are referred to CRC Rule
                 7.204, with regard to their duty to petition to increase the bond. When it appears
                 that the bond of any fiduciary is in excess of the required amount, the fiduciary
                 may petition the Court to reduce the bond. This petition may be presented ex
                 parte. Fiduciaries and counsel should be aware that it is their responsibility to see
                 that the bond amount is sufficient. Conservators and guardians of the estate must
                 seek increases in bond amounts when necessary to meet the requirements of
                 Probate Code § 2320 and CRC 7.207.
(Eff. 1/01/09)


           D.    REDUCTION OF BOND IN FOLLOWING YEARS BY DEPOSITING
                 ASSETS IN BLOCKED ACCOUNT AND PROVIDING RECEIPTS

                 At any time, a fiduciary may request a reduction of bond or no bond if monies
                 and/or securities have been deposited into a blocked account in a financial
                 institution or trust company. The order as well as the account must provide that
                 no withdrawals be made without prior authorization by the Court.
(Eff. 7/01/08)
                 A petition to reduce the bond by blocked account deposits may be made ex parte.
                 It is the responsibility of the fiduciary to prepare the Judicial Council form “Order
                 to Deposit Money into Blocked Account” (form number MC 355). This form
                 must be presented to the court for signature at the time the petition to reduce the
                 bond is heard. The fiduciary must also prepare the form “Receipt and
                 Acknowledgement of Order for the Deposit of Money into Blocked Account”
                 (form number MC 356) and present it (along with a copy of the Order to Deposit
                                                  13
RULE 4 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 Money) to the financial institution accepting the deposit for signature by an
                 officer of that institution. The depository must file the Receipt within 15 days of
                 the date of receipt. If the Receipt has not been filed within 45 days of the order,
                 the fiduciary must file a written explanation with the Court stating the reason the
                 Receipt has not been filed and when the fiduciary expects the Receipt to be filed.

                 Where the Court has approved such an order, the order appointing the fiduciary
                 and letters of conservatorship or letters issued in an estate administration matter
                 must state that the fiduciary has no authority to take physical possession of money
                 or other property without specific court order. If a fiduciary or party is using the
                 "Order to Deposit Money Into Blocked Account" form for deposits in other than
                 an interest bearing savings account, the fiduciary or party should adapt the form
                 appropriately.

                 A petition for withdrawal of funds must be made on Judicial Council form
                 “Petition For Withdrawal of Funds From Blocked Account (form number
                 MC 357), and the petitioner must submit for the Court’s signature the Judicial
                 Council form “Order For Withdrawal of Funds From Blocked Account” (form
                 number MC 358).

           E.    BOND ON BORROWING

                 A petition to borrow money must contain information sufficient for the Court to
                 determine the proper bond amount.

           F.    BOND NOT REQUIRED WHERE TRUST COMPANY SERVES AS
                 FIDUCIARY

                 When a trust company is serving as a guardian or conservator of the estate or as a
                 trustee, bond is not required under Probate Code § 15602.
(Eff. 1/01/09)
           G.    STATEMENT RE SUFFICIENCY OF BOND IN REPORTS
                 ACCOMPANYING ACCOUNTINGS
                 Fiduciaries must allege in all reports accompanying accountings whether or not
                 the bond in the case is sufficient under Probate Code § 2320 and CRC 7.207, and,
                 if not, what steps are being taken to comply with the law and rule.
(Eff. 1/01/10)

RULE 5           THE INDEPENDENT ADMINISTRATION OF ESTATES ACT

           A.    PETITION FOR AUTHORITY TO ADMINISTER ESTATE PURSUANT
                 TO THE INDEPENDENT ADMINISTRATION OF ESTATES ACT (IAEA)

                 Full or limited authority to act pursuant to the IAEA may be requested in the
                 petition for letters or by a separate petition.



                                                 14
RULE 5 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
          B.     EXTENT OF POWER DEPENDENT ON DATE LETTERS ISSUED

                 The IAEA has been amended several times. The date letters were last issued
                 establishes the extent of the powers that can be exercised under the IAEA.

          C.     REPORT OF ACTIONS TAKEN UNDER THE IAEA

                 In a petition for preliminary distribution or final distribution, all actions taken
                 under the IAEA must be reported as set forth in CRC 7.250. Additionally,
                 petitioner must report the amount paid or received, if applicable.
(Eff. 1/01/04)
          D.     FILING NOTICE OF PROPOSED ACTION WITH COURT

                 A copy of any Notice of Proposed Action must be filed with the Court together
                 with the proof of service.

RULE 6           FAMILY ALLOWANCE

          A.     BY PETITION TO THE COURT

                 If the petition is filed before the time required for the filing of the Inventory and
                 Appraisal, the Court may order a family allowance for a period commencing with
                 the date of the decedent’s death and continuing until the Inventory is filed, but not
                 to exceed six months.

                 If the petition is filed (a) more than six months after the personal representative
                 has been appointed, or (b) after the inventory has been filed, or (c) as a petition
                 for a second or increased allowance, the Court may order a family allowance for a
                 definite period, usually not to exceed l2 months. It is the policy of the Court not
                 to make orders for family allowance for an unlimited period. The petition must
                 include, insofar as is possible, information as to the assets and income of the
                 estate.

          B.     BY THE PERSONAL REPRESENTATIVE PURSUANT TO THE IAEA

                 If the estate is being administered under the IAEA, the personal representative
                 may pay a family allowance without prior Court order by following the Notice of
                 Proposed Action procedure.

          C.     INCOME AND EXPENSE DECLARATION

                 The petitioner must file an income and expense declaration with the petition for
                 the family allowance, which demonstrates the need of the applicant with reference
                 to his or her usual standard of living.




                                                  15
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
RULE 7           SALE UNDER COURT SUPERVISION

           A.    PUBLICATION OF NOTICE OF INTENTION TO SELL

                 The notice of intention to sell must be published in decedents' estates where the
                 personal representative has not been given the power of sale in the will.
                 Publication is not required where the personal representative is using the Notice
                 of Proposed Action procedure under IAEA. For sales in conservatorship and
                 guardianship proceedings, see Probate Code § 2543(b) and (c), and § 2591.5.
(Eff. 7/01/07)
                 The report of sale must be filed within 1 year of the last published date of notice
                 of intention to sell. It is advisable that the published notice call for "cash or such
                 credit terms and conditions as the Court may approve." There cannot be a
                 variance in the terms of sale between those shown in the petition and those in the
                 published notice.

                 The published notice of intention to sell real property is a solicitation for offers.
                 No offer can be accepted prior to the expiration of the notice period specified in
                 the notice of intention to sell.

                 On filing an appropriate affidavit or declaration, the Court may sign an order
                 shortening the notice period to five days, with sale permitted on the sixth day after
                 publication. The practical effect of this order is that only one publication is
                 necessary.

           B.    PETITION FOR CONFIRMATION OF SALE OF REAL PROPERTY;
                 SALE PROCEDURE

                 (1)    TIME FOR FILING PETITION

                        A petition for confirmation of sale should be filed by the personal
                        representative within 30 days after the date of acceptance of a contract.
                        Note that the property is initially sold by the personal representative and
                        then returned to the Court for confirmation.

                 (2)    CONTRACT OF SALE TO BE FILED WITH COURT

                        At the time of filing the petition for confirmation, the petitioner must file a
                        copy of the contract of sale.

                 (3)    DEED OF TRUST

                        Upon an appropriate showing by the petitioner, the Court may approve a
                        sale where part of the consideration is to be secured by a deed of trust of
                        which the personal representative is the beneficiary.




                                                  16
RULE 7 – con’t          SUPERIOR COURT OF CALIFORNIA
                           COUNTY OF SANTA CLARA
                                   PROBATE RULES
            (4)    SALE SUBJECT TO ENCUMBRANCE

                   Sale of real property will not ordinarily be confirmed when the purchaser
                   assumes or takes subject to an existing encumbrance, if as a result the
                   estate remains subject to a contingent liability on the encumbrance (i.e.,
                   "wraps"). The petition must set forth the facts pertinent to such assumption
                   agreement.

            (5)    SALES OF FRACTIONAL INTERESTS

                   Where the estate owns only a fractional interest in the real property, the
                   petition must state whether the sale by the estate is conditioned upon
                   closing of a sale of the unowned fraction.

RULE 8      PETITION FOR INSTRUCTIONS AND OTHER INSTRUCTIONS

      A.    PETITION FOR INSTRUCTIONS

            In decedents' estates, guardianships, and conservatorships, a petition for
            instructions is available only when no other procedure is provided by statute. For
            example, the Court will not determine how a will should be interpreted or the
            manner in which an estate should be distributed on a petition for instructions.
            Such direction can be obtained only by a petition for distribution or by a petition
            to determine persons entitled to distribution.

      B.    APPOINTMENT OF SUCCESSOR TRUSTEE

            A petition seeking appointment of a successor trustee or co-trustee should include
            a description of the procedure required by the trust instrument for such
            appointment, detailed information demonstrating that the proposed trustee is
            qualified to be appointed as a trustee of the trust, whether some or all of the
            beneficiaries of the trust have been consulted about the appointment of the
            proposed trustee, and a recommendation for the amount of the bond of the
            proposed trustee or a showing of good cause why a bond should not be required.




                                            17
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
RULE 9           ACCOUNTS, REPORTS, FEES, COMMISSIONS, AND DISTRIBUTION

           A.    FORM OF ACCOUNTS

                 (1)    ACCOUNTS IN DECEDENTS’ ESTATES AND IN TRUSTS

                        All accounts filed in decedents' estates and in trusts, must follow the
                        format described in Probate Code § 1061:
(Eff. 7/01/08)
                        a.     TIME PERIOD

                               All accounts must set forth specifically the period covered by the
                               account.

                        b.     SUMMARY OF ACCOUNT

                               Accounts must contain a summary or recapitulation in substantially
                               the following format:

                                       SUMMARY OF ACCOUNT

                        The petitioner is chargeable, and is entitled to the credits, respectively, as
                        set forth in this Summary of Account. The attached supporting schedules
                        are incorporated by reference.
                                                   CHARGES
                        Amount of Inventory and Appraisal (or if subsequent account,
                        amount chargeable from prior account)             $_________________

                        Additional Property Received                          $_________________
                        (or supplemental inventories)

                        Receipts during Account Period Other
                        than Principal (Schedule ___)                         $_________________

                        Gains on Sales (Schedule ___)                         $_________________
                        Net Income from Trade or Business                     $_________________
                        (Schedule ___)
                                             Total Charges:                   $_________________

                                             CREDITS
                 Disbursements during Account Period (Schedule ___)
                                                                               $_________________
                 Losses on Sales (Schedule ___)                                $_________________
                 (e.g., property distributed, homestead or other property set apart)

                 Net Loss from Trade or Business (Schedule ___)               $_________________

                                                 18
RULE 9 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
                 Distributions (Schedule ___)                             $_________________
                 Property on Hand (Schedule ___)                          $_________________

                                            Total Credits:                $_________________

                       c.     SEPARATE SCHEDULES

                              Each figure on the summary of the account must be supported by
                              separate schedules. These must include schedules of receipts and
                              disbursements showing the date, amount, payor, payee, and nature
                              or purpose of each item. Whenever possible, disbursements must
                              show check numbers. The gain and loss schedules must reflect the
                              sales price, the inventory or carrying value, and resultant gain or
                              loss. The schedule of assets on hand must be itemized showing the
                              inventory or acquisition value. For all accounts, there must be an
                              additional schedule showing estimated market value of assets on
                              hand as of the end of the accounting period, and a schedule of the
                              estimated market value of the assets on hand as of the beginning of
                              all accounting periods subsequent to the initial account. The
                              fiduciary may provide a good faith estimate for the value of real
                              estate, a closely held business, or other assets without a ready
                              market.
(Eff. 7/01/07)
                              Whenever an accounting period exceeds one year, or whenever
                              income is received from any particular source more than twelve
                              times in an accounting period, or whenever payments are disbursed
                              to a particular payee more than twelve times in an accounting
                              period, it is required that the schedules for receipts and for
                              disbursements be categorized into subschedules reflecting the
                              particular income sources or payees for whom there are more than
                              twelve entries per accounting period. See 2 California Decedent
                              Estate Practice §§ 19.19 and 19.22 (Cal CEB 1986).

                              When a trust accounting submitted for approval by the Court
                              contains disbursements for trustee or attorney fees, the trustee or
                              attorney must furnish evidence to support the disbursements for
                              fees in a manner consistent with the requirements of the trust
                              instrument. If the trust permits “reasonable fees” without court
                              approval, for instance, the trustee shall furnish an explanation of
                              how the “reasonable fee” was calculated.
(Eff. 7/01/02)
                       d.     INCOME AND PRINCIPAL ACCOUNTING

                              All accounts for entities that have separate principal and income
                              beneficiaries must allocate receipts and disbursements between
                              principal and income.


                                               19
RULE 9 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
                              If a financial institution makes only online statements available to
                              the fiduciary, the fiduciary may submit exact printed copies of the
                              online statements in place of the original statements required by
                              Probate Code § 2620 (c ) and shall attach to the printed copies of
                              the statements submitted for each account a declaration under
                              penalty of perjury that the printed copies are exact replicas of the
                              online statements provided by the financial institution.
(Eff. 7/01/11)
                       e.     WAIVER OF ACCOUNT

                              The petition for final distribution on waiver of account must
                              contain the information required in CRC 7.550, as well as the fair
                              market value of assets on hand, and must comply with CRC 7.551-
                              7.552.
(Eff. 7/01/08)
                 (2)   ACCOUNTINGS IN GUARDIANSHIPS AND CONSERVATORSHIPS
(Eff. 7/01/08)
                       a.     All accountings in guardianships and conservatorships filed on or
                              after January 1, 2008, must follow the content and format required
                              in CRC 7.575. Accountings are designated as either standard or
                              simplified. All accountings must use Judicial Council Form
                              GC-400 (SUM)/GC-405 (SUM) for the Summary of Account.
                              Guardians and conservators presenting standard accounts may, but
                              are not required to, use the optional Judicial Council forms
                              designated as GC-400.         Those guardians and conservators
                              presenting standard accountings who do not use the optional
                              Judicial Council forms are required to use the content and format
                              called for in those forms, but may submit accountings prepared on
                              conventional accounting programs. Guardians and conservators
                              presenting simplified accounts must use the Judicial Council forms
                              designated as GC-405.

                       b.     Organization of Schedules: All accountings must provide all
                              information required in Probate Code §§ 1060 – 1064.

                              Receipts schedules must use the categories and format used by the
                              optional judicial forms:

                              •   Dividends; Interest; Pensions, Annuities, other Periodic
                                  Payments; Rent; Social Security, Veterans Administration, and
                                  Other Public Benefits; Other Receipts.

                              Schedules for Receipts of Principal, Gains on Sales, Income from
                              Business, and Loss on Sales do not have a mandated format.

                              Disbursements schedules must use the categories used by the
                              optional Judicial Council forms:

                                               20
RULE 9 – con’t              SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
                              •   Caregiver Expenses; Residence or Long Term Care Facility
                                  Expenses; Ward’s Educational Expenses; Fiduciary and
                                  Attorney Fee Expenses; General Administration Expenses;
                                  Investment Expenses; Living Expenses; Medical Expenses;
                                  Property Sale Expenses; Rental Property Expenses; and Other
                                  Expenses. See CRC 7.575 (e).
(Eff. 7/01/08)
                       c.     At the time the Court appoints a conservator or guardian, and
                              unless the court waives the requirement of the conservator or
                              guardian to file periodic accountings with the Court, the court must
                              set a compliance date for the conservator or guardian to file his or
                              her first account and report, which must be on the Friday calendar
                              at 9:30 a.m. no later than 60 days after the first year anniversary of
                              the appointment of the conservator or guardian. If the conservator
                              or guardian has filed the accounting, this will be a nonappearance
                              matter. At the time the court hears an account and report, it must
                              set a compliance date for the next account and report, which must
                              be on the Friday calendar at 9:30 a.m. no later than 60 days after
                              each subsequent biennial anniversary of the conservatorship or
                              guardianship.

                       d.     Pursuant to Probate Code § 2620, the guardian or conservator may
                              elect to lodge with the Court the originals of the account
                              statements and all other documents referenced in § 2620(c). The
                              originals of all such documents shall be released by the Court as
                              provided in § 2620(c)(8).
(Eff. 1/01/11)
                              If a financial institution makes only online statements available to
                              the fiduciary, the fiduciary may submit exact printed copies of the
                              online statements in place of the original statements required by
                              Probate Code § 2620 (c) and shall attach to the printed copies of
                              the statements submitted for each account a declaration under
                              penalty of perjury that the printed copies are exact replicas of the
                              online statements provided by the financial institution.
(Eff. 7/01/11)
                 (3)   STATEMENT RE SUFFICIENCY OF BOND IN REPORTS
                       ACCOMPANYING ACCOUNTINGS
                       Fiduciaries must allege in all reports accompanying accountings whether
                       or not the bond in the case is sufficient under Probate Code § 2320 and
                       CRC 7.207, and, if not, what steps are being taken to comply with the law
                       and rule.
(Eff. 1/01/10)




                                                21
RULE 9 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
           B.    ALLEGATIONS REGARDING CREDITOR'S CLAIMS AND REPORT
                 OF ACTIONS TAKEN UNDER IAEA

                 It is not sufficient in any petition for distribution to allege merely that all claims
                 have been paid. Petitioners must provide all information required under CRC
                 7.403. The allegations regarding disposition of all claims must appear in the
                 petition for final distribution even though they may have appeared in whole or in
                 part in prior petitions. See 5.C for report of actions taken under IAEA.

           C.    FRANCHISE TAX BOARD CERTIFICATE

                 Where an estate's inventory is appraised at $1,000,000.00 or more and
                 $250,000.00 or more is distributable to beneficiaries not residing in California, an
                 estate income tax certificate must be obtained from the Franchise Tax Board
                 before the court will order final distribution. See Revenue and Taxation Code
                 § 19513 and Title 18 CCR § 19513 and CRC 7.551.
(Eff. 7/01/04)


           D.    STATUTORY COMMISSIONS AND FEES

(Eff. 1/01/04)   All parties and counsel are directed to CRC 7.700 and 7.701.

                 (1)     PAYABLE AFTER COURT ORDER

                         Statutory commissions and fees (herein "statutory compensation") are
                         payable only after a Court order authorizing them.

                 (2)     BOTH HALVES OF COMMUNITY PROPERTY PROBATED

                         If both halves of the community property are properly included in the
                         probate proceeding, statutory compensation calculated on both halves of
                         the community property will be allowed.

                 (3)     CALCULATION

                         Unless statutory compensation is waived, calculation of the statutory
                         compensation (including calculation of the fee base) and any prior
                         payments of statutory compensation must be included in the petition for
                         compensation.

                 (4)     ALLOWANCE ON ACCOUNT

                         Allowances on account of statutory compensation will generally be
                         allowed in proportion to the work completed.

                 (5)     ACCOUNTING WAIVED

                         Where the accounting is waived, the basis of the statutory compensation

                                                  22
RULE 9 – con’t             SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       PROBATE RULES
                       shall be the inventory value of the estate plus, if applicable, receipts, gains
                       on sales, less losses on sale, as provided in CRC 7.550 and 7.705. Such
                       receipts and gains or losses must be reflected in the report of the personal
                       representative.
(Eff. 1/01/09)
                 (6)   PAYMENT OF COSTS, FEES, AND COMMISSIONS WHERE
                       CASH INSUFFICIENT

                       Where the estate at final distribution has no cash or insufficient cash to
                       pay costs, attorney’s fees, and/or personal representative's commissions,
                       an explanation of the source of payment of these obligations must be
                       submitted.
           E.    COMPENSATION FOR EXTRAORDINARY SERVICES

                 (1)   EXPLANATION REQUIRED

                       A detailed explanation of the extraordinary services performed and the
                       amount of compensation requested for such services must be separately
                       stated in a declaration under penalty of perjury executed by the person
                       rendering the services. See also the standards set forth in Section 9.G.
                       The explanation must include the statement of facts required by CRC
                       7.702.
(Eff. 1/01/04)
                       The Court may consider the amount of statutory fees when determining
                       compensation for extraordinary services.

                 (2)   COURT APPEARANCE

                       In all cases in which there is a request for compensation for extraordinary
                       services, the attorney for the personal representative or the personal
                       representative must be present at the hearing, unless the matter is on the
                       approved calendar.

                 (3)   ALLOWANCE ON ACCOUNT

                       Allowances on account of compensation for extraordinary services
                       ordinarily will not be allowed.

           F.    COSTS

                 Where reimbursement for costs incurred is requested by the personal
                 representative or attorney, the cost items advanced by such party must be
                 separately stated with a description of each cost item.




                                                 23
RULE 9 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
           G.    COMPENSATION FOR GUARDIANS, CONSERVATORS, TRUSTEES,
                 AND THEIR COUNSEL, AND FOR COUNSEL FOR A CONSERVATEE
                 OR WARD

                 A petition for compensation of a guardian, conservator, trustee, and counsel, or
                 for counsel for a conservatee or ward, must be accompanied by a complete
                 statement of the services rendered, an explanation of the value or benefit of those
                 services to the estate, and the total amount requested for such services, made
                 under penalty of perjury and executed by the person rendering the services. The
                 nonexclusive factors the Court may consider in determining the fees of a guardian
                 or conservator are listed in CRC 7.756. The nonexclusive factors the Court may
                 consider in determining the fees of a trustee are listed in CRC 7.776. Where a
                 trust accounting that is submitted for court approval shows payments made to the
                 trustee, guardian, conservator, or his or her counsel, or counsel for a ward or
                 conservatee, it must be accompanied by the information described in this
                 paragraph, even though the trust instrument may provide for such payments
                 without requiring court approval. All petitions for compensation to a conservator,
                 guardian, or counselor for a conservator, guardian, conservatee, or ward, or for
                 compensation to a trustee or counsel for a trustee in a matter where a trust has
                 been created to hold the assets of a conservatee or ward, must be served on the
                 Court Investigator as well as on all persons required under the law to be served.
(Eff. 1/01/09)
                 A conservator or guardian who is a professional may not necessarily be
                 compensated for all services rendered at that person's ordinary professional rate.
                 Requests for fees by family-member conservators, including registered domestic
                 partners, for visits to the conservatee will ordinarily not be approved.
(Eff. 7/01/08)
           H.    NO COMPENSATION WITHOUT COURT ORDERS

                 There is no authority for paying any compensation to an executor, an
                 administrator, a guardian, a conservator, or an attorney for any such fiduciary, or
                 an attorney for the conservatee or ward, from the estate in advance of a court
                 order authorizing such payment. There is no authority for paying any
                 compensation to the trustee or the attorney for the trustee from a trust to which
                 CRC 7.903 applies in advance of a Court order authorizing such payment.
(Eff. 7/01/05)
           I.    PROPERTY TO BE DISTRIBUTED AND DISTRIBUTEES MUST BE
                 LISTED

                 A petition for distribution must describe in detail all property to be distributed as
                 set forth in CRC 7.651-652.
(Eff. 7/01/04)
                 An order of distribution must be drafted so that it is complete without reference to
                 the petition, and without reference to any documents that are not part of the order.
                 Complete legal descriptions of all assets (e.g., real property, securities, and
                 security interests) and the full names of all distributees must be set forth in the
                 order. It is suggested that an order of distribution include the current address of

                                                  24
RULE 9 – con’t               SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 real property and the assessor's parcel number of the property.
(Eff. 1/01/12)
           J.    AGREEMENTS FOR DISTRIBUTION OF ASSETS

                 If distribution is to be other than according to the terms of the will or the laws of
                 intestate succession, there must be on file a written agreement signed by all
                 parties affected by the distribution.

           K.    FILING OF RECEIPTS FOR PRELIMINARY DISTRIBUTIONS

                 Receipts for property distributed pursuant to a petition for preliminary distribution
                 must be on file before the Court will approve a petition for final distribution.
(Eff. 7/26/00)


RULE 10          SPOUSAL OR REGISTERED DOMESTIC PARTNER PROPERTY
                 PETITIONS

           A.    WHEN FILED WITH PETITION FOR PROBATE

                 A spousal or registered domestic partner property petition must be filed separately
                 from a petition for probate of the will or for administration of the estate, as set
                 forth in CRC 7.301. If the two are filed simultaneously, or if probate proceedings
                 are already pending, an additional filing fee for the spousal or registered domestic
                 partner property petition will not be required. Both petitions must be filed under
                 the same case number.
(Eff. 1/01/05)
           B.    SURVIVORSHIP CONDITION IN WILL

                 If the right of a spouse or registered domestic partner to take under a will is
                 conditioned on survival for a specified period of time, no property will be set
                 aside or confirmed to the spouse or registered domestic partner until the
                 expiration of the time period. If the petition is filed before the expiration of the
                 survivorship period, a separate declaration executed by the petitioner after the
                 survivorship period has expired must be filed with the Court.
(Eff. 1/01/05)




                                                  25
                            SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       PROBATE RULES
RULE 11          CONSERVATORSHIPS

           A.    PETITION FOR APPOINTMENT OF CONSERVATOR

                 (1)   BONDS

                       Bond will ordinarily be required for the first year for the conservator of
                       the estate, even though the conservatee has signed a nomination of
                       conservator waiving bond. The provisions of Sections 4.C through 4.F of
                       these rules apply to conservators. The amount of the bond must include
                       one year's income from all sources of income of the conservatee, any sums
                       required under Probate Code § 2320(c), and the fair market value of real
                       property for conservators authorized to sell or encumber such property
                       pursuant to Probate Code § 2590.
(Eff. 7/1/10)
                 (2)   INDEPENDENT POWERS

                       A request for independent powers under Probate §§ 2590 and 2591 will
                       not be granted without specifying each power requested and the specific
                       reasons for the need for each power requested.
(Eff. 1/01/08)
                 (3)   MEDICAL TREATMENT POWER

                       A petition seeking authorization to give informed consent for medical
                       treatment of a conservatee must be supported by an appropriate
                       declaration on the Judicial Council form as described below, furnishing
                       evidence required by Probate Code § 813, stating that there is no form of
                       medical treatment for which the conservatee has the capacity to give
                       consent and the reasons therefore and signed by a medical practitioner or
                       licensed psychologist, which must be filed with the Court prior to the
                       hearing. This form may be filed as an attachment to the Petition for
                       Appointment of Conservator and served upon all persons who receive the
                       Petition. If this form is not attached to the Petition, it must be served
                       separately by mail or personally, at the option of petitioner, upon the
                       proposed conservatee. The petitioner may designate the legal capacity
                       form as confidential by attaching two Confidential Document Cover
                       Sheets (see Attachment PB-4003) to it at the time it is filed. It is required
                       to use Judicial Council form GC-335, “Capacity Declaration-
                       Conservatorship,” as described below:
(Eff. 1/01/09)
                       a.     For a Conservatorship of the Person only, In Which No Dementia
                              Powers Are Being Sought: California Rules of Court require the
                              use of Judicial Council form GC-335 to provide the evidence
                              necessary to support a finding by the Court that a conservatee lacks
                              the capacity to give an informed consent for any form of medical
                              treatment.


                                                26
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       PROBATE RULES
                       b.     For a Conservatorship of the Person only, With Request for
                              Dementia Powers: Attach Judicial Council form GC-335A to
                              Judicial Council form GC-335.
(Eff. 7/01/04)
                       If the Petitioner is not able to obtain the cooperation of an authorized
                       declarant to complete the Capacity Declaration form, petitioner or counsel
                       may apply for an Ex Parte Order by submitting a completed Judicial
                       Council form GC-333, “Ex Parte Application for Order Authorizing
                       Completion of Capacity Declaration – HIPAA,” and also Judicial Council
                       form GC-334, “Ex Parte Order Re Completion of Capacity – HIPAA” to
                       the Probate Counter Clerk for issuance. It is recommended to have the
                       signed order certified.
(Eff. 1/01/06)
                 (4)   FILING PROCEDURES FOR CONSERVATORSHIP/
                       GUARDIANSHIP CALENDAR

                       All orders for appointment of conservator or guardian must be delivered to
                       the Probate Examiner's office four court days prior to the date of the
                       appointment hearing. All other papers (e.g., proofs of service) must be on
                       file or delivered to the Probate Examiner's office by 4 p.m. on the Friday
                       prior to the hearing.
(Eff. 1/01/09)
                 (5)   EVIDENCE REQUIRED TO SUPPORT PETITION FOR
                       CONSERVATORSHIP OF ESTATE OR PERSON AND ESTATE
(Eff. 1/01/09)
                       Because a Conservatorship of the Estate or of the Person and Estate is an
                       adjudication that the conservatee lacks the legal capacity to enter into or
                       make any transaction that binds the estate, a petitioner who seeks
                       appointment of a conservator of the estate and is using a medical or
                       psychological professional as declarant must submit a Judicial form GC-
                       335, “Capacity Declaration – Conservatorship” with Attachment PB-4015,
                       “Capacity Declaration – Conservatorship of the Estate Attachment”
                       attached, to provide evidence establishing that the proposed conservatee
                       suffers from a deficit in mental functions that significantly impairs the
                       proposed conservatee’s capacity to make decisions, consistent with the
                       requirements of Probate Code § 811.
(Eff. 1/01/09)
                       If the petitioner who is not relying upon a medical or psychological
                       professional to complete the Capacity Declaration wishes to seek
                       appointment of a conservator of the estate, the petitioner must have a lay
                       declarant complete the “Layperson’s Declaration re Legal Capacity”
                       shown as Attachment PB-4016 to these Local Rules.
(Eff. 7/01/06)
                       The Capacity Declaration may be filed as an attachment to the Petition for
                       Appointment of Conservator and served upon all persons who receive the
                       Petition. If the Capacity Declaration is not attached to the Petition, it must
                       be served separately by mail or personally, at the discretion of the

                                                27
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                        petitioner, upon the proposed conservatee. The petitioner may designate
                        the legal capacity form as confidential by attaching a completed
                        Confidential Document Cover Sheets (see Attachment PB-4003) to it at
                        the time it is filed.
(Eff. 7/01/12)
                        If the Petitioner is not able to obtain the cooperation of an authorized
                        declarant to complete the Capacity Declaration form, petitioner or counsel
                        may apply for an Ex Parte Order by submitting a completed Judicial
                        Council form GC-333, “Ex Parte Application for Order Authorizing
                        Completion of Capacity Declaration – HIPAA,” and also Judicial Council
                        form GC-334, “Ex Parte Order Re Completion of Capacity – HIPAA” to
                        the Probate Counter Clerk for issuance. It is recommended to have the
                        signed order certified.
(Eff. 1/01/06)
           B.    REFERRAL FOR INVESTIGATOR'S REPORT; TRANSMITTAL OF
                 DOCUMENTS TO COURT INVESTIGATOR

                 A local form entitled "Referral for Investigator's Report--Conservatorship"
                 Attachment PB-4002) must be completed and signed under penalty of perjury by
                 the proposed conservator and submitted at the time the petition is filed. This form
                 shall be confidential. The proposed conservator shall submit with the referral a
                 color photograph of the proposed conservatee.
(Eff. 7/01/12)
           C.    NOTICE OF HEARING

                 The petitioner should determine how much time will be required for any agency
                 (e.g., Court Investigator's office, San Andreas Regional Center, etc.) to complete
                 its report or evaluation and set the petition for hearing accordingly.
           D.    DUTIES OF CONSERVATOR

                 To assure that their duties and obligations are understood, all proposed
                 conservators must file with the Court, before Letters of Conservatorship are
                 issued, the Judicial Council form entitled "Duties of Conservator." The form may
                 be signed and submitted prior to the date set for hearing. It is not necessary for
                 proposed conservators to check boxes on page 4 of the form relating to
                 acquisition of the handbook. See Section 11.G.

           E.    ATTENDANCE AT THE HEARING

                 The proposed conservatee, if located in California, must attend the hearing for
                 appointment of a conservator unless:

                 (1)    The proposed conservatee states to the Court Investigator that he or she
                        approves both the conservatorship and the proposed conservator(s) and
                        does not wish to attend; or

                 (2)    The proposed conservatee states to the Court Investigator that he or she
                                                 28
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                        objects either to the conservatorship or the proposed conservator but
                        chooses not to attend; or
(Eff. 1/01/09)
                 (3)    Judicial Council form GC-335, indicating a medical inability to attend, has
                        been filed. When filing a Judicial Council form GC-335 to provide
                        evidence of a medical inability to attend, such reasons as "senility," "hard
                        of hearing," or "confused" are insufficient. Any condition that would
                        result in pain or potential medical harm to the conservatee is acceptable, as
                        is incontinence.
(Eff. 1/01/09)

                        If the Petitioner is not able to obtain the cooperation of an authorized
                        declarant to complete the Capacity Declaration form, petitioner or counsel
                        may apply for an Ex Parte Order by submitting a completed Judicial
                        Council form GC-333, “Ex Parte Application for Order Authorizing
                        Completion of Capacity Declaration – HIPAA,” and also Judicial Council
                        form GC-334, “Ex Parte Order Re Completion of Capacity – HIPAA” to
                        the Probate Counter Clerk for issuance. It is recommended to have the
                        signed order certified.
(Eff. 1/01/06)
                 If the petitioner is represented by an attorney, the attorney must always attend the
                 hearing.

                 If the proceeding is for the establishment of a limited conservatorship, the
                 proposed conservatee should arrive one-half hour before the hearing to be
                 interviewed by the Public Defender.
(Eff. 7/01/02)
           F.    CONTESTED MATTERS

                 When a party becomes aware that a matter will be contested, that party must
                 advise the Court of the estimated time necessary to hear the matter.

                 The Court's primary concern is the health and welfare of the conservatee. Parties
                 in a contested matter should be prepared to proceed on the day set for hearing.
                 The Court will ordinarily hear brief testimony of the objecting parties and render
                 a decision forthwith.

           G.    PURCHASE OF HANDBOOK AND VIEWING OF FILM

                 Before letters of conservatorship are issued, all conservators (except corporate or
                 institutional conservators) must obtain a copy of the Handbook for Conservators
                 published by the Judicial Council of California and view a film on the duties and
                 responsibilities of a conservator. Proper proof of the purchase of the handbook
                 and attendance of the film viewing will be required. The handbook and local
                 supplement will be available for purchase at the Probate Clerk's office. The cost
                 of the handbook may be reimbursed from the conservatorship estate.



                                                 29
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 Viewing of the film is free of charge and is scheduled at the court courthouse on
                 the day of the hearing to appoint conservator. A conservator who resides out of
                 the County of Santa Clara may arrange with his/her attorney to view the film
                 through the attorney's office, or may make arrangements to view the film through
                 the Court Investigation office of the conservator's county of residence.

           H.    ORDER APPOINTING CONSERVATOR

                 On the Judicial Council form entitled "Order Appointing Probate Conservator,"
                 paragraphs 7 and 21 concerning ability to vote should be left blank. The Court
                 will make its own determination at the hearing based upon the Court
                 Investigator's report. Paragraphs 9 and 20 concerning fees refer only to Court-
                 appointed counsel for the conservatee. These paragraphs do not apply to the
                 attorney for the conservator. In all cases, the following information should be
                 inserted at paragraph 11: Court Investigations Unit, 191 North First Street, San
                 José, California 95113, telephone (408) 882-2761.
(Eff. 7/01/07)
           I.    FILING OF INVENTORY AND APPRAISAL

                 The Inventory and Appraisal and the Notice of How to File an Objection must be
                 filed and served within 90 days of appointment pursuant to Probate Code § 2610.
                 A copy must also be served on the Court Investigator. Where the conservatorship
                 estate consists of community property managed by a nonconservatee spouse or
                 registered domestic partner, who either is or is not the conservator, the community
                 property is not administered as part of the conservatorship estate, should not be
                 part of the inventory, and should not be accounted for. (See Probate § 3051.)
(Eff. 1/01/08)
                 At the time of appointment, the Court will set a compliance review approximately
                 94 calendar days after the appointment to confirm that the Inventory and
                 Appraisal and Notice of How to File an Objection have been filed and served. If
                 the Inventory and Appraisal is not on file at that time, the Court may issue an
                 order to produce the Inventory and Appraisal, which will be served by certified
                 mail on the conservator and on the attorney for the conservator.
(Eff. 7/01/08)
           J.    PLACEMENT AND               LEVEL       OF     CARE      ASSESSMENT          FOR
                 CONSERVATEE
                 An evaluation of level of care of the conservatee in compliance with Probate
                 Code § 2352.5 shall be filed by the conservator within 60 days of appointment.
                 The evaluation shall be filed on the Judicial Council form GC-355 entitled
                 “Determination of Conservatee’s Appropriate Level of Care (P.C. § 2352.5).” A
                 copy must also be served on the Court Investigator.
(Eff. 7/01/12)
                 At the time of appointment, the Court will issue an order requiring the conservator
                 to file the evaluation and set a compliance review approximately 64 calendar days
                 after the appointment to confirm that the evaluation has been filed. If the
                 evaluation has not been filed, the Court may issue an order to produce the

                                                 30
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 evaluation, which will be served by certified mail on the conservator and on the
                 attorney for the conservator.
(Eff. 1/01/12)
           K.    LETTERS OF CONSERVATORSHIP OF THE ESTATE

                 The conservator is advised to record letters of conservatorship of the estate in any
                 county where real property belonging to the conservatee is located. (Probate
                 Code § 1875.)

           L.    ACCOUNTINGS: REFERRAL TO COURT INVESTIGATOR

                 At the time of filing of the conservator's accounting, a "Referral for Court
                 Investigator" form (Attachment PB-4002) must be submitted, with the notice of
                 hearing and the original accounting, for review by the Court Investigator. See
                 also Rule 9.A. (1) and (2) on the format of accountings and on accounting
                 compliance dates.
(Eff. 7/01/12)
           M.    SALE OF CONSERVATEE'S RESIDENCE

                 The sale of the conservatee's residence (including a mobile home) will not be
                 approved by the Court until a Court Investigator's report showing the necessity for
                 the sale is on file. The conservator must file a declaration complying with
                 Probate Code § 2540(b) whenever the conservator seeks authorization to sell the
                 conservatee's present or former personal residence. The required "Referral for
                 Court Investigator - Conservatorship" form (Attachment PB-4002) shall be
                 submitted with the notice of hearing and the required declaration.
(Eff. 7/01/12)
                 Sale of the residence must comply with the procedures required for sale of real or
                 personal property and Probate Code § 2591.5.
(Eff. 1/01/08)
           N.    CHANGE OF RESIDENCE OF CONSERVATOR OR CONSERVATEE

                 When the address of the conservatee will be changed, the Pre-move Notice of
                 Proposed Change of Personal Residence of Conservatee or Ward (JC form GC-
                 079), and also the Post-Move Notice of Change of Residence of Conservatee or
                 Ward (JC form GC-080) must be filed with the Court. This is in addition to the
                 Notice requirements of Probate Code § 2352 and CRC 7.1063.
(Eff. 7/01/12)
                 When the address of the conservator will be changed, the Notification of Change
                 of Address of Conservator/Guardian (Attachment PB-4047) must be filed with the
                 Court.
(Eff. 7/01/12)

           O.    REMOVAL OF CONSERVATEE FROM CALIFORNIA

                 A conservatee who is under a conservatorship of the person and who is a
                 California resident may be moved from California only upon first obtaining the
                 permission of the Court. Unless a longer period is otherwise specified by the
                                                 31
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 Court, the conservatee must be returned to California within four months unless a
                 conservatorship proceeding (or its equivalent) is commenced in the place of the
                 new residence. If a conservatee is not returned to California, the conservator must
                 file a declaration showing proof of the establishment of the conservatorship (or its
                 equivalent) in the new jurisdiction. (See Probate Code § 2352.) Petitioner must
                 submit with the local form entitled “Referral for Court Investigator” (Attachment
                 PB-4002), the notice of hearing and the original petition to move a Conservatee
                 from California, for review by the Court Investigator.
(Eff. 7/01/12)
           P.    APPOINTMENT  OF   LIMITED                    CONSERVATOR             FOR      THE
                 DEVELOPMENTALLY DISABLED

                 If the requested conservatorship is for a developmentally disabled adult, the
                 proceedings must comply with the limited conservatorship code sections, even
                 though the petition requests establishment of a general conservatorship as an
                 alternative.

                 A copy of the notice of hearing and the petition must be sent to the Public
                 Defender assigned to the conservatorship calendar and to the appropriate Regional
                 Center. The addresses for the local agencies are:

                 Probate Deputy                               San Andreas Regional Center
                 Office of the Public Defender                Attn: Regional Center Psychologist
                 120 W. Mission Street                        P.O. Box 50002
                 San José, California 95110                   San José, California 95150

           Q.    REMOVAL OF CONSERVATOR

                 Individuals requesting removal of a conservator may petition the Court for an
                 order for removal. The petitioner may use the local form entitled Petition to
                 Remove Conservator (attached form PB-4040). Anyone objecting to a petition to
                 remove the conservator may use the local form entitled Objection to Petition to
                 Remove Conservator (attached form PB-4035).
(Eff. 1/01/08)
           R.    TERMINATION OF CONSERVATORSHIP

                 Petitioner must submit with the local form entitled "Referral for Court
                 Investigator -Conservatorship" (Attachment PB-4002) the notice of hearing and
                 the original petition to terminate a conservatorship, for review by the Court
                 Investigator.
(Eff. 7/01/12)
                 Upon termination of a conservatorship, all claims filed by the Court Investigator's
                 unit for its services, unless waived, must be paid before the Court will sign an
                 order settling the final account. See CRC 7.1052 and 7.1054.
(Eff. 7/01/04)




                                                 32
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
           S.    DEATH OF CONSERVATEE

                 (1)    TERMINATION UPON DEATH WHEN ACCOUNT IS DUE

                        Upon the death of the conservatee, the conservator shall turn over the
                        conservatee’s assets to the appointed personal representative or, if none, to
                        the person or persons entitled thereto, less a reasonable reserve for closing
                        expenses and attorney and conservator fees.
(Eff. 7/01/05)
                        The conservator’s final account shall include an account for the period
                        ending on the date of death of the conservatee, and shall show all property
                        on hand as of the date of death of the conservatee. Additionally, pursuant
                        to Probate Code § 2620 (b), a supplemental accounting, to be incorporated
                        in the final account and report, shall reflect all post-death transactions and
                        show property on hand as of the filing of the accounting. If a personal
                        representative has been appointed in a probate proceeding following the
                        death of the conservatee, then the probate case number must be set forth in
                        the final report and account.
(Eff. 1/01/09)
                 (2)    TERMINATION UPON DEATH WHEN NO ACCOUNT IS DUE

                        Upon the death of the conservatee, if no account is due, the conservator
                        must file a notice of death of conservatee with a photocopy of the
                        conservatee's death certificate attached.
(Eff. 7/01/12)
           T.    CONFIDENTIAL SUPPLEMENTAL INFORMATION
(Eff. 1/01/09)
                 The supplemental information required of conservators by Probate Code
                 § 1821(a) at appointment must be filed on Judicial Council form GC-312
                 (“Confidential Supplemental Information”) separately from the petition and must
                 have one completed Confidential Document Cover Sheets (see Attachment PB-
                 4003) attached. This Confidential Supplemental Information form must be
                 verified (Probate Code § 1021).
(Eff. 7/01/12)
           U.    TEMPORARY CONSERVATORSHIPS

                 (1)    PETITION FOR APPOINTMENT

                        The petition for appointment of a temporary conservator may be filed only
                        with or after the filing of a petition for appointment of a permanent
                        conservator. The petition must state facts establishing the urgency
                        requiring the appointment of a temporary conservator. A situation
                        requiring immediate action to protect the health, welfare, or the estate of
                        the proposed conservatee will be sufficient. Ordinarily, a situation
                        requiring immediate action constitutes good cause.
(Eff. 1/01/09)
                 (2)    IMMEDIATE NOTIFICATION OF COURT INVESTIGATOR

                        Petitioner or petitioner’s attorney should contact the Court Investigator’s
                                                 33
RULE 11 – con’t            SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                      PROBATE RULES
                       Office at (408) 882-2761 as soon as possible when it appears that a
                       temporary conservatorship may be requested in order that the Investigator
                       can begin the investigation and report necessary for the appointment of a
                       temporary conservator.
(Eff. 1/01/09)
                 (3)   PRIOR REVIEW OF PETITION

                       All petitions for a temporary conservatorship must be presented to the
                       Probate Examiner's office for review before presentation to the Court.

                 (4)   NOTICE

                       Since a petition for temporary conservatorship is ordinarily filed only in
                       cases requiring immediate action, the Court may dispense with the five
                       day notice requirement. Petitioner must comply with the requirements of
                       CRC 7.1062. If notice is dispensed with by the Court, the petition may be
                       heard on an ex parte basis.
(Eff. 7/01/08)
                 (5)   LETTERS OF TEMPORARY CONSERVATORSHIP

                       Letters of temporary conservatorship expire on the appointment of a
                       general conservator. Letters of temporary conservatorship should be
                       recorded in counties where conservatees possess real property. (See
                       Probate Code § 1875.) When the temporary conservator will come into
                       possession of personal property of the conservatee, bond as provided in
                       Rule 11.A.(1) of these rules must be posted before temporary letters of
                       conservatorship of the estate can be issued.
(Eff. 7/01/07)
                 (6)   POWERS OF TEMPORARY CONSERVATOR

                       The temporary conservator has only those powers allowed by the Probate
                       Code or specifically granted by the Court. The Court generally grants
                       only the powers necessary to meet the situation that has caused the
                       application for a temporary conservatorship. There is no provision in the
                       law for granting exclusive medical powers under a temporary
                       conservatorship, absent a hearing for a grant of powers under Probate
                       Code § 1880, et seq. A temporary conservator may also seek
                       authorization to give consent for treatment under Probate Code § 2357.
                       The court requires that there be a grant of exclusive medical powers under
                       section 1880 for there to be a grant of powers under Probate Code
                       § 2356.5.
(Eff. 7/26/00)
                 (7)   CHANGE OF RESIDENCE OF TEMPORARY CONSERVATEE

                       When the residence of a temporary conservatee is proposed to be changed,
                       the hearing must be calendared for the first Tuesday afternoon
                       conservatorship appointment calendar following the date of filing of the
                       petition. A "Referral for Court Investigator - Conservatorship” form
                                               34
RULE 11 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       PROBATE RULES
                       (Attachment PB-4002) must be submitted with the notice of hearing and
                       the original petition for review by the Court Investigator. See Probate
                       Code § 2253.
(Eff. 7/01/12)
           V.    PRIVATE PROFESSIONAL CONSERVATORS
                 (1)   APPOINTMENT            OF      PROFESSIONAL            FIDUCIARY         AS
                       CONSERVATOR
(Eff. 1/01/09)
                       A person seeking appointment as a professional conservator must be
                       licensed as a professional fiduciary as defined in Business & Professions
                       Code §§ 6500 et seq. before the Superior Court can make such
                       appointment. All pleadings filed by a professional fiduciary must include
                       the fiduciary’s license number as issued by the Professional Fiduciary
                       Bureau.
(Eff. 1/01/09)
                 (2)   DISCLOSURE OF FEE SCHEDULE

                       At the time a private professional conservator is nominated to serve as
                       conservator, the private professional is expected to have determined the
                       complexity of the subject conservatorship responsibilities and the extent to
                       which the conservatee’s estate can afford the private professional’s
                       services. The petitioner must attach the private professional’s fee schedule
                       to the petition for appointment of conservator and must serve the fee
                       schedule as part of the petition on all persons entitled to notice under
                       Probate Code § 1822 and to the Court Investigator. If the Court appoints a
                       private professional fiduciary who was not nominated in the petition as a
                       temporary conservator, the private professional must attach his/her fee
                       schedule to the order appointing temporary conservator at the time the
                       order is filed with the court and must mail a copy of the fee schedule to all
                       persons entitled to notice under Probate Code § 1822 and also to the Court
                       Investigator.
(Eff. 1/01/13)
                       The fee schedule shall not contain:
                       (a)     Additional compensation, either in terms of a percentage or a
                               standard monthly charge, for undesignated miscellaneous overhead
                               expenses;

                       (b)     Charges made to the conservatee’s estate for time spent in
                               clarifying or explaining billing entries to the Court, for which
                               minimal or incomplete information, in the judgment of the Court,
                               was initially provided; or,

                       (c)     Increased hourly rates for conservatorship-related “litigation
                               support.”
(Eff. 1/01/13)

                                                35
RULE 11 – con’t       SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF SANTA CLARA
                                  PROBATE RULES
            (3)   FILING OF ESTIMATED FEES; COMPLIANCE HEARING; AND,
                  MONTHLY BILLING STATEMENTS

                  Within 60 days from the date of the appointment, the private professional
                  conservator shall file with the Court a plan of estimated fees of the private
                  professional conservator, his or her staff, and his or her counsel, to cover
                  the first year of the conservatorship, which includes the conservatee’s
                  anticipated annual income and expenses, and to serve a copy of the plan of
                  estimated fees, along with notification of the date and time of the review
                  hearing, and the time in which to file objections or concerns as to the
                  estimated fees, on all persons entitled to notice of the original petition
                  under Probate Code § 1822, the Court Investigator, and any persons who
                  have requested special notice.
                  The Court shall set a date not more than 94 calendar days after the
                  appointment for a review hearing, at which time the Court will address
                  any objections or concerns as to such estimated fees. If no written
                  objections are received within 10 days prior to the review hearing, no
                  appearance is necessary. However, despite the lack of a timely written
                  objection being received, should someone appear at the review hearing
                  and make an objection, or if the Court has concerns of its own as to the
                  reasonableness of the hourly rates charged for varying levels of service,
                  the Court shall continue the review hearing and notify all parties
                  accordingly. The plan of estimated fees is not binding upon the
                  conservatee, his or her estate, the conservator and/or counsel. All
                  conservator fees and attorney fees are subject to review and approval by
                  the Court, pursuant to Probate Code § 2640 et seq., the standards for
                  determining just and reasonable compensation at CRC 7.756, and the
                  Court’s assessment of the extent of any “Cost-Benefit” analysis that was
                  undertaken by the private professional prior to engaging in any activities
                  on behalf of the conservatee.

                  At the end of the first full calendar month following appointment and
                  continuing at the end of each month thereafter, the private professional
                  conservator shall mail a billing statement for that month itemizing all
                  services provided to the conservatee, and all charges related thereto, to the
                  conservatee (unless, in the opinion of the private professional conservator,
                  receipt of such by the conservatee would be harmful to the conservatee’s
                  state of mind) or his or her attorney, the conservatee’s spouse or domestic
                  partner, his or her parents, his or her adult children, the Court Investigator,
                  and any persons who have requested special notice. (This monthly billing
                  requirement is not imposed on those private professionals performing
                  conservatee services pro bono.) Such billing statements shall be clearly
                  marked, “For Informational Purposes Only.” Alternatively, the private
                  professional conservator can provide to such persons “secured” access to
                  this information by means of computer or other electronic device.

                                            36
RULE 11 – con’t         SUPERIOR COURT OF CALIFORNIA
                           COUNTY OF SANTA CLARA
                                  PROBATE RULES
                  If the following conditions are met:
                  (a)     There are no objections to the plan of estimated fees; or
                  (b)     If objections to such plan were, in the opinion of the Court,
                          adequately addressed; and,
                  (c)     Objections as to the fee’s appropriateness are not made as to a
                          monthly statement within 20 days following that statement’s
                          mailing,
                  forty (40%) percent of the monthly statement is immediately payable by
                  the conservatee’s estate to the private professional for said uncontested
                  monthly billing statement without further petition at that time, other than
                  the review by the Court upon the next succeeding account of the
                  conservator, pursuant to Probate Code § 2643 (c), that such monthly “on
                  account” payments were for services actually rendered, and were not
                  unreasonable. The payment of the balance of these fees are to be made by
                  noticed petition pursuant to Probate Code § 2640, which petition shall,
                  among other things, include a statement as the current size and nature of
                  the conservatee’s estate.

            (4)   PRIVATE FIDUCIARY CONSERVATOR RATE GUIDELINES

                  In applying the non-exclusive standards for determining just and
                  reasonable compensation set forth at CRC 7.756, and recognizing that
                  CRC 7.756(c) provides that such standards are “not authority for a court to
                  set an inflexible maximum or minimum compensation or a maximum
                  approved hourly rate for compensation,” the following guideline rates are
                  customarily allowed for private fiduciary conservator compensation:
                  (a)     From $115.00 to $165.00 per hour for professional services;

                  (b)     Up to $100.00 per hour for case management workers employed
                          by the private fiduciary; and,

                  (c)     $25.00 to $55.00 per hour for routine, “non-professional services”
                          rendered by the professional fiduciary or his or her staff (for
                          example, office filing, collecting and opening mail, paying
                          household bills, picking-up medications, taking the conservatee to
                          and from medical appointments, computer entry input,
                          conservatee’s personal needs and grocery shopping.)

                  The Court will consider requests for compensation rates greater than the
                  guideline rates based upon all relevant factors presented in a detailed
                  supporting declaration that can include, but are not limited to, special
                  expertise applicable to the services provided, circumstances of the service,
                  relationship to the conservatee, extreme family conflict dynamics, and
                                           37
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       PROBATE RULES
                       financial and investment complexity (but not for conservatorship-related
                       “litigation support”.)
(Eff. 1/01/13)


           W.    CONSERVATEES’ TRUSTS

                 (1)   When a conservator or some other person seeks an order under the
                       doctrine of substituted judgment to create a trust that contains assets of the
                       conservatee, the petition should provide detailed information
                       demonstrating that the proposed trustee is qualified to be appointed as a
                       trustee of the trust. In addition, the proposed trust must comply with all
                       provisions required in CRC 7.903, including but not limited to requiring a
                       bond for the trustee and periodic accountings to the Court. The proposed
                       trust should be attached to the petition as an exhibit. At the time of filing
                       of the trustee's accounting, a "Referral for Court Investigator -
                       Conservatorship" form (Attachment PB-4002) must be submitted with the
                       notice of hearing and the proposed trust for review by the Court
                       Investigator. See also Section 9.A. (1) and (2) on the format of
                       accountings and on accounting compliance dates.
(Eff. 7/01/12)
                       If the conservator of the estate is named trustee, the conservator may elect
                       to treat the trust estate as part of the conservatorship estate for purposes of
                       bond and accounting and shall not be required to post a separate bond as
                       trustee. The trustee must file the trust, the court order approving
                       establishment of the trust, and the trustee's bond, if applicable, in a new
                       file with a probate file number, and the filing should take place within 30
                       days after court approval of the trust. The trust may be filed as a
                       confidential document by attaching one copy of the Confidential
                       Document Cover Sheet. (Attachment PB-4003.)
(Eff. 7/01/12)
                 (2)   When a conservator or some other person seeks appointment of a successor
                       trustee of the conservatee's existing living trust, the court may require the
                       successor trustee to post a bond, place the trust under court supervision,
                       and provide accountings for the trust parallel to the accounting schedule of
                       the conservatorship. In such case, the trustee must file the trust, the court
                       order approving the trust, and the bond, in a new file with a probate file
                       number, and the filing should take place within 30 days after court
                       approval of the appointment of the successor trustee. The trust may be
                       filed as a confidential document by attaching one copy of the Confidential
                       Document Cover Sheet. (Attachment PB-4003)
(Eff. 7/01/12)




                                                 38
RULE 11 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
           X.    NOTICE TO COURT INVESTIGATIONS UNIT OF SUBSTITUTED
                 JUDGMENT PETITIONS

                 At the time of filing of a petition for substituted judgment the "Referral for Court
                 Investigator - Conservatorship” (Attachment PB-4002) and must be submitted
                 with the notice of hearing and the original petition for review by the Court
                 Investigator.
(Eff. 7/01/12)


RULE 12          GUARDIANSHIPS

           A.    GUARDIAN OF MINOR’S ESTATE
                 (1)    INVESTIGATION

                        The proposed guardian must complete and sign under penalty of perjury a
                        "Referral for Court Investigator & Questionnaire – Guardianship”
                        (attached form PB-4005) at the time the petition for establishment of
                        guardianship is filed. This form is confidential. Together with the
                        “Referral for Court Investigator & Questionnaire – Guardianship” the
                        proposed guardian must present a signed Authorization for Release of
                        Information form (attached form PB-4014) to enable court investigators to
                        access the information required in Probate Code § 1513.
(Eff. 1/01/09)
                 (2)    BOND REQUIRED

                        Bond will ordinarily be required for the first year for the guardian of a
                        minor's estate even if a nomination of guardian has been signed waiving
                        bond. The provisions of sections 4.C through 4.F of these local rules
                        apply to guardianships. The amount of the bond must include one year's
                        income from all sources of income of the ward, any sums required under
                        Probate Code § 2320(c), and the fair market value of real property for
                        guardians authorized to sell or encumber such property pursuant to
                        Probate Code § 2590.
(Eff. 7/01/10)
                 (3)    INDEPENDENT POWERS

                        A request for independent powers under Probate Code §§ 2590 and 2591
                        will not be granted without specifying each power requested and the
                        specific reason for the need for each power requested.
(Eff. 1/01/08)
                 (4)    FILING OF INVENTORY AND APPRAISAL

                        The Inventory and Appraisal and the Notice of How to File an Objection
                        must be filed and served within 90 days of appointment pursuant to
                        Probate Code § 2610. At the time of appointment, the Court will set a
                        compliance review approximately 94 calendar days after the appointment
                        to confirm that the Inventory and Appraisal and Notice of How to File an
                                                 39
RULE 12 – con’t            SUPERIOR COURT OF CALIFORNIA
                              COUNTY OF SANTA CLARA
                                       PROBATE RULES
                       Objection have been filed and served. If the Inventory and Appraisal is not
                       on file at that time, the Court may issue an order to produce the Inventory
                       and Appraisal, which will be served by certified mail on the guardian and
                       on the attorney for the guardian.
(Eff. 7/01/12)


           B.    PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR'S PERSON

                 (1)   INVESTIGATION

                       The proposed guardian must complete and sign under penalty of perjury a
                       "Referral for Court Investigator & Questionnaire – Guardianship”
                       (attached form PB-4005) at the time the petition for establishment of
                       guardianship is filed. This form is confidential. Together with the
                       “Referral for Court Investigator & Questionnaire – Guardianship” the
                       proposed guardian(s) must present a signed Authorization for Release of
                       Information form (attached form PB-4014) to enable court investigators to
                       access the information required in Probate Code § 1513.
(Eff. 1/01/08)
                 (2)   NOTICE

                       The following are the local addresses for notice according to Probate Code
                       §§ 1516 and 1542:

                              Program Manager, Emergency Response Services
                              Santa Clara County Social Services Agency
                              333 W. Julian Street
                              San José, California 95110

                              Social Services Agency
                              Department of Family and Children's Services
                              333 W. Julian Street
                              San José, California 95110         (Non-relative guardians only)

                              The California Department of Social Services
                              744 P Street
                              Sacramento, California 95814       (Non-relative guardians only)
(Eff. 7/01/02)
                 (3)   MINOR'S FATHER UNKNOWN

                       If it is alleged that the minor's father is unknown, a photocopy of the
                       minor's birth certificate should be attached to the affidavit or declaration in
                       support of an order dispensing with notice. Use of the terms "withheld" on
                       the birth certificate with reference to the father does not mean "unknown,"
                       and should be further explained in the allegation.



                                                 40
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
           C.    LOCATION OF GUARDIANSHIP HEARINGS WHERE THERE ARE
                 CASES IN BOTH PROBATE AND FAMILY COURT
                 (1)    If there is an action pending in Family Court regarding the custody of a
                        minor child and a subsequent action for Guardianship of the Person or
                        Person and Estate of the minor child is filed in the Probate Court, the cases
                        should be coordinated for hearing purposes and assigned for hearing to the
                        Probate Court At the earliest opportunity, the cases shall be linked in the
                        case management system, so that the judicial officer hearing the matter is
                        made aware of the existence of the other case or cases. Pursuant to
                        California Rules of Court, Rule 5.154, the proposed guardian, temporary
                        guardian, or guardian, may be joined into the Family Court action as a
                        party.
(Eff. 7/01/12)
                 (2)     If there is a Guardianship of the Person or Person and Estate of a minor
                        child pending in the Probate Court and a subsequent action regarding the
                        custody of the child is filed in Family Court, the cases should be
                        coordinated for hearing purposes and assigned to the Probate Court Judge
                        for hearing in the Probate Court. At the earliest opportunity, the cases shall
                        be linked in the case management system, so that the judicial officer
                        hearing the matter is made aware of the existence of the other case or
                        cases.
(Eff. 7/01/12)

                 (3)    Petitions for Guardianship of the Estate only of a minor child will be heard
                        in the Probate Court, even if there is a Family Court action on file. The
                        two files shall be coordinated and linked in the computer system, so that
                        both judges are aware of the other case.

           D.    LOCATION OF HEARINGS ON RESTRAINING ORDERS WHERE
                 THERE IS A PENDING GUARDIANSHIP
                 If there is an application for restraining orders under the Domestic Violence
                 Prevention Act or the Civil Harassment Prevention Act which involves a party to
                 a pending Guardianship matter and is related to the Guardianship matter, the
                 hearing on the restraining orders will be scheduled and heard in the Probate Court.
                 The Family Court and the Probate Court will coordinate scheduling these
                 hearings. The initial restraining order request and any temporary restraining
                 orders shall be filed at Family Court. Any Orders After Hearing that are a result
                 of a hearing at the Probate Court will be filed at the Probate Court Clerk’s Office.
(Eff. 7/01/10)


           E.    OBJECTION TO GUARDIANSHIP

                 Individuals objecting to a petition to establish a guardianship may use the local
                 form entitled Objection to Guardianship (Attachment PB-4043).
(Eff. 7/01/12)



                                                 41
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
           F.    DUTIES OF GUARDIAN

                 To assure that their duties and obligations are understood, each guardian must file
                 with the Court, before letters of guardianship are issued, the Judicial Council form
                 entitled "Duties of Guardian” (Form GC-248). The form may be signed and
                 submitted prior to the date set for hearing.
(Eff. 1/01/08)
           G.    ATTENDANCE AT THE HEARING

                 The proposed guardian, the petitioner, and the petitioner's attorney must attend the
                 hearing. The guardian will receive instructions concerning the guardian's duties
                 immediately following the hearing.
(Eff. 7/26/00)
           H.    CONTESTED GUARDIANSHIP
                 (1)    FAMILY GROUP CONFERENCES/MEDIATION
                        If there is a contested Guardianship of the Person or a contested Petition
                        for Visitation in a Guardianship matter, the Court may order the parties to
                        participate in mediation or one or more Family Group Conferences
                        through Family Court Services (FCS) or a private mental health
                        professional agreed to by all parties. The referral to a Family Group
                        Conference will usually be made at the first hearing where any party
                        objects to the guardianship or a request for visitation. Mediation is
                        confidential, whereas Family Group Conferences are not confidential. All
                        parties and their counsel may participate in the conferences, along with
                        counsel for the minor(s). The minor(s) may be required to attend any
                        Family Group Conferences at the discretion of the person conducting the
                        conference or as ordered by the Court.
                 (2)    EMERGENCY SCREENINGS
                        In any case in which an emergency exists, the Court may order a staff
                        member of FCS to conduct an “emergency screening” (a preliminary and
                        limited evaluation). The purpose of the screening shall be to provide the
                        Court with recommendations regarding the temporary custody, visitation,
                        and related conditions for the minor children who are the subject of the
                        guardianship.
                        When an emergency screening is ordered, the Order shall be made on a
                        Probate Order for Emergency Screening and the Emergency Screening
                        Instructions (attached form PB-4046) shall be served on all parties ordered
                        to the emergency screening.
(Eff. 1/01/11)
                        If the parties agree to and sign the screening recommendations, they shall
                        be submitted to the Court for review and signature.




                                                 42
RULE 12 – con’t        SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 PROBATE RULES
                  If a party objects to the screening recommendations, a brief hearing,
                  generally less than 30 minutes, will be held on the day of the screening, or
                  as soon as possible.
                  Fees will be charged for emergency screenings by FCS, absent a Fee
                  Waiver.
            (3)   DOCUMENTS PROVIDED TO EVALUATOR OR SCREENER
                  Any documents provided to an evaluator or screener shall be accompanied
                  by either Judicial Council Proof of Service (POS-020 or POS—030) or the
                  FCS “Declaration of Mailing or Personal Service” form (FM-1061),
                  except for documents handed to an evaluator or screener in the presence of
                  the other party or counsel (in which case copies shall be provided at the
                  same time to the other party or counsel). Whichever form is used, the
                  number of submitted pages shall be stated. FCS may require a party to
                  index and prioritize the review of submitted documents.
            (4)   MISCELLANEOUS
                  a.     Complaints: A complaint may be submitted by letter to FCS with
                         proof of service of a copy to all other parties.
                  b.     Challenges: Peremptory challenges to FCS evaluators, private
                         evaluators appointed by the Court, and mental health professionals
                         appointed by the Court to do psychological testing shall not be
                         permitted. Challenges for cause of such individuals shall first be
                         directed to the director of FCS. If that does not resolve the matter,
                         such a challenge shall be directed in writing to the Probate Judge.
                         Copies of any challenges for cause shall be provided to all counsel
                         and self-represented parties.
            (5)   EVALUATIONS
                  a.     The Court may, in its discretion, order an evaluation by FCS
                         regarding issues relating to a contested guardianship. Such an
                         evaluation shall be a supplement to the report of the Court
                         Investigator. All parties and their counsel, along with counsel for
                         the children, shall attend the initial appointment for the evaluation.
                         The evaluation report shall be completed within 90 days from the
                         initial appointment with the evaluator.
                  b.     The director of FCS (or the director’s designee) shall have the
                         exclusive responsibility for case assignment to evaluators within
                         FCS.
                  c.     Children must be present for the initial evaluation appointment
                         when (and only when) a party participating in the evaluation
                         resides more than 100 miles from San José, or the Court or the
                         evaluator directs that the children be available. When the children
                                           43
RULE 12 – con’t        SUPERIOR COURT OF CALIFORNIA
                          COUNTY OF SANTA CLARA
                                 PROBATE RULES
                         are required to be present under this Rule, the custodial party shall
                         bring an adult who can care for the children. All parties shall
                         cooperate with an evaluator in arranging times for the evaluator to
                         see the children after the initial evaluation appointment, if
                         requested by the evaluator.
(Eff. 1/01/09)
                  d.     The evaluator will interview the parties, separately or jointly as
                         appropriate, and their attorneys, and may schedule additional
                         interviews with the parties, children, or others to complete the
                         evaluation. If one attorney fails to appear at the initial appointment,
                         as required, the evaluator has the discretion to proceed with the
                         parties only and to reschedule the appointment with all attorneys.
                         Sanctions may be imposed, upon notice, for the attorney’s failure
                         to appear.
                  e.     Confidentiality of Evaluation Reports: Evaluation reports are
                         confidential and shall be sent to attorneys and self-represented
                         parties only. The confidential report shall not be duplicated,
                         disseminated, or in any other way provided or shown to any
                         individual not a party to the proceedings, except consulting
                         experts, court ordered therapists, and court ordered evaluators.
                         The evaluation report shall be identified as a confidential
                         document filed with the Court. Evaluation reports, including
                         psychological evaluations, shall not be attached as exhibits to any
                         papers filed with the Court.
(Eff. 7/01/12)
                  f.     Fees: Fees will be charged by FCS for evaluations, unless a waiver
                         is granted. When the Court orders a custody/visitation evaluation
                         through FCS, the parties shall submit deposits or fee waiver
                         requests to FCS within 5 court days of receipt of the Court’s order.
                  g.     Any party shall have 15 calendar days after the date of mailing of
                         the evaluation recommendations to file and serve written
                         objections to the recommended order.
                  h.     If objections are filed, the parties shall contact the evaluator to
                         schedule a meeting to discuss the objections. This meeting shall
                         take place before the Guardianship Settlement Conference (GSC).
                         If any party fails to cooperate in setting, or fails to attend, this
                         meeting after objections, the Court at the GSC may sign the
                         recommended order and may order sanctions.
                  i.     Objections: Objections shall be in writing and shall include the
                         following:
                         i.     the specific paragraphs and language to which the party
                                objects;
                         ii.    the reasons for the objections; and
                         iii.   the proposed modified language.
                                           44
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                      PROBATE RULES
                              Objections shall be filed with the Court, along with a proof of
                              service on all counsel or self-represented parties. FCS or the
                              private evaluator must be served with an endorsed filed copy of the
                              objections, which must also be shown on a proof of service.
                              If no objections are filed within 15 calendar days from the date of
                              the mailing of the evaluation recommendations, the recommended
                              order shall be submitted to the Court for review and signature.

                 (6)   GUARDIANSHIP SETTLEMENT CONFERENCE (GSC)
                       a.     If the parties are not able to resolve the objections in the meeting
                              with the evaluator following the filing of the objections, a GSC
                              shall be calendared with the Court. The GSC shall be set within 30
                              days of the meeting with the evaluator.

                       b.     All attorneys and parties and the evaluator shall attend the GSC at
                              the scheduled time and place, to address the settlement of all
                              contested issues or the issues to be tried.
                       c.     Statement of Issues: No settlement conference statement shall be
                              required for a GSC; however, each party shall file and serve a
                              Statement of Issues at least 10 calendar days before the GSC. The
                              Statement of Issues shall clearly set forth any remaining issues and
                              any proposed alternative language. Previously filed objections
                              may be attached and incorporated by reference. In addition, the
                              Statement of Issues shall state the time estimated for trial and
                              provide a list of witnesses anticipated to be called at trial. Each
                              party shall bring two copies of the Statement of Issues to the GSC.
                       d.     If agreement is not reached at the GSC, the Court may set the case
                              for trial or hearing.
                       e.     Failure to Appear: If a party fails to appear at the GSC, a hearing
                              may be held that day and custody/visitation orders may be made.
                              In addition, on notice to the parties, the Court may order sanctions
                              for the failure to appear.
(Eff. 1/01/09)
           I.    CHANGE OF RESIDENCE OF GUARDIAN OR WARD

                 When the address of the ward will be changed, the Pre-move Notice of Proposed
                 Change of Personal Residence of Conservatee or Ward (JC form GC-079), and
                 also the Post-Move Notice of Change of Residence of Conservatee or Ward (JC
                 form GC-080) must be filed with the Court and a copy mailed to the Court
                 Investigator. This is in addition to the Notice requirements of Probate Code
                 § 2352 and CRC 7.1013.



                                               45
RULE 12 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 When the address of the guardian will be changed, the Notification of Change of
                 Address of Conservator/Guardian (attached form PB-4047) must be filed with the
                 Court and a copy mailed to the Court Investigator.
(Eff. 1/01/11)
           J.    USE OF WARD'S ASSETS FOR SUPPORT

                 If a ward has a living parent or receives or is entitled to support from another
                 source, prior Court approval must be obtained before using guardianship assets
                 for the ward's support, maintenance, or education. (See Probate Code § 2422.)
                 The petition must set forth the financial inability of the parent or parents or other
                 circumstances that would justify use of the guardianship assets. Such request for
                 Court approval may be included in the petition for appointment of guardian. An
                 order granting such petition should be for a limited period of time, usually not in
                 excess of six months or for a specific and limited purpose.
(Eff. 7/26/00)
           K.    ACCOUNTINGS

                 (1)    REFERRAL TO COURT INVESTIGATOR

                        At the time of filing of the guardian's accounting, a “Referral for Court
                        Investigator & Questionnaire – Guardianship” form (Attachment PB-
                        4005) must be submitted, with the notice of hearing and the original
                        accounting, for review by the Court Investigator. See also Rule 9.A. (1)
                        and (2) on the format of accountings and on accounting compliance dates.
(Eff. 7/01/12)
                 (2)    ACCOUNTING REQUIRED AT TERMINATION                                 UNLESS
                        WAIVED; ACCOUNTING COMPLIANCE DATES

                        At termination of a guardianship of the estate, an accounting as required
                        by CRC 7.1004, must be filed unless waived by a ward who has reached
                        majority pursuant to Probate Code § 2627. See CRC 7.1007(a); see also
                        Section 9.A. (2) on the form of accounting and accounting compliance
                        dates.
(Eff. 1/01/09)


           L.    TERMINATION OF GUARDIANSHIP OF THE PERSON

                 At the time of filing of a petition to terminate a guardianship a “Referral for Court
                 Investigator & Questionnaire – Guardianship” form (Attachment PB-4005) must
                 be submitted with the notice of hearing and the original petition for review by the
                 Court Investigator. Individuals objecting to a Petition to Terminate Guardianship
                 may use the local form entitled Objection to Petition to Terminate Guardianship
                 (Attachment PB-4039).
(Eff. 7/01/12)




                                                  46
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       PROBATE RULES
           M.    TEMPORARY GUARDIANSHIPS

                 (1)    PETITION FOR APPOINTMENT

                        The petition for appointment of a temporary guardian must be filed with or
                        after the filing of a petition for appointment of a permanent guardian. The
                        petition must state facts establishing the urgency requiring the
                        appointment of a temporary guardian. A situation requiring immediate
                        action to protect the health, welfare, or the estate of the proposed ward
                        will be sufficient. Ordinarily, a situation requiring immediate action
                        constitutes good cause.

                 (2)    PRIOR REVIEW OF PETITION

                        All petitions for a temporary guardianship must be presented to the
                        Probate Examiner's office for review before presentation to the Court.
(Eff. 7/01/02)
                 (3)    NOTICE

                        Since a petition for temporary guardianship is ordinarily filed only in
                        cases requiring immediate action, the Court may dispense with the five
                        day notice requirement. Petitioner must comply with the requirements of
                        CRC 7.1012. If notice is dispensed with by the Court, the petition may be
                        heard on an ex parte basis. Persons obtaining an ex parte order must
                        reserve a date for reconsideration within 30 days, pursuant to Probate
                        Code § 2250(d).
(Eff. 7/01/08)
                 (4)    LETTERS OF TEMPORARY GUARDIANSHIP

                        Letters of temporary guardianship expire on the appointment of a general
                        guardian.
(Eff. 7/26/00)
                 (5)    POWERS OF TEMPORARY GUARDIAN

                        The temporary guardian has only those powers allowed by the Probate
                        Code or specifically granted by the Court. The Court generally grants
                        only the powers necessary to meet the situation that has caused the
                        application for a temporary guardianship.
(Eff. 7/26/00)


           N.    REMOVAL OF GUARDIAN

                 Individuals requesting removal of a guardian may petition the Court for an order
                 for removal. The petitioner may use the local form entitled Petition to Remove
                 Guardian (attached form PB-4041). Anyone objecting to a petition to remove the
                 guardian may use the local form entitled Objection to Petition to Remove
                 Guardian (attached form PB-4036).
(Eff. 1/01/08)

                                                47
RULE 12 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                       PROBATE RULES
           O.    VISITATION

                 Individuals requesting visitation orders in guardianships may petition the Court
                 for an order or visitation. The petitioner may use the local form titled Probate
                 Petition for Visitation (attached form PB-4013), and the local form titled
                 “Visitation Order (Probate)” (attached form PB-4011) with Judicial Council Form
                 FL-341 titled “Child Custody and Visitation Order Attachment.”
(Eff. 7/01/06)
           P.    FIXING RESIDENCE OF A WARD OUTSIDE CALIFORNIA

                 The residence of a ward who is under a guardianship of the person and who is a
                 California resident may be fixed outside of California only upon first obtaining
                 the permission of the Court. Unless a longer period is otherwise specified by the
                 Court, the ward must be returned to California within four months unless a
                 guardianship proceeding (or its equivalent) is commenced in the place of the new
                 residence. If a ward is not returned to California, a declaration must be filed
                 showing proof of the establishment of the guardianship (or its equivalent) in the
                 new jurisdiction. See Probate Code § 2352. Petitioner must submit with the local
                 form entitled "Referral for Court Investigator & Questionnaire – Guardianship”
                 Attachment PB-4005) the notice of hearing and the original petition to fix the
                 residence of the ward outside of California for review by the Court Investigator.
(Eff. 7/01/12)


RULE 13          GUARDIAN AD LITEM AND COMPROMISES OF CLAIMS OF
                 MINORS AND PERSONS WITH A DISABILITY

           A.    GUARDIAN AD LITEM

                 A guardian ad litem has no authority to accept funds on behalf of a minor or
                 person with a disability.
(Eff. 1/01/11)


           B.    WHERE PETITIONS ARE PRESENTED

                 Unless otherwise ordered by the Court, all claims of minors and persons with a
                 disability, both where an action is pending and where no action is pending, must
                 be heard by the judge assigned to hear compromises of claims of minors and
                 persons with a disability.
(Eff. 7/01/05)
           C.    CONTENTS OF PETITION

                 The petition to compromise a minor's claim must contain, in addition to those
                 matters required by statute and by CRC 7.950 to 7.955, the names and addresses
                 of the minor's parents.
(Eff. 1/01/04)




                                                48
RULE 13 – con’t             SUPERIOR COURT OF CALIFORNIA
                               COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 Where the minor's settlement is part of a larger settlement, the petition must state
                 in detail the factual basis for the proposed allocation to the minor or the person
                 with a disability.
(Eff. 7/01/05)
                 For personal injury claims of minors and persons with a disability, unless waived
                 by the Court, the petition must have attached a current medical report (prepared
                 within four weeks of the date of the petition) that gives a diagnosis and a
                 prognosis of the condition of the individual. The report must be prepared by a
                 licensed physician who has treated the minor or person with a disability. It is not
                 permissible to substitute the medical records of the minor or the person with a
                 disability for this report.
(Eff. 7/01/05)
           D.    PRESENCE OF MINOR OR PERSON WITH A DISABILITY

                 Unless excused by the Court, the minor or person with a disability, the petitioner,
                 and at least one of the minor's parents or guardians must be present at the hearing.
(Eff. 7/01/05)
           E.    EX PARTE PETITIONS

                 In certain circumstances, in the Court's sole discretion, petitions may be presented
                 ex parte. These cases are only those in which the net settlement to the minor or
                 person with a disability, after deduction of attorney fees and costs, is less than
                 $5,000.
(Eff. 7/01/05)
           F.    ATTORNEY FEES

                 In any matter involving Court approval of the claim of a minor or a person with a
                 disability for property damage, personal injury and/or wrongful death, the Court
                 must allow the attorney a fee not in excess of 25% of the net amount received for
                 the minor or person with a disability (total recovery less costs incurred by the
                 attorney), unless the attorney by declaration establishes good cause for the Court,
                 in the exercise of its discretion, to allow a larger fee.
(Eff. 1/01/11)
           G.    MEDICAL MALPRACTICE MATTERS

                 Medical malpractice cases may justify a higher attorney fee than that commonly
                 awarded in compromises of claims of minors or persons with a disability. The
                 Court will, in an appropriate case, award the maximum fee permissible under
                 Business and Professions Code § 6146. The fee contract must be disclosed to the
                 Court upon request.
(Eff. 7/01/05)
           H.    DISTRIBUTION

                 Upon approval of the petition to compromise, the judge must direct whether the
                 funds are to be paid to a parent, to a blocked account, to a guardian or conservator
                 of the estate, or to some other appropriate fiduciary. When deposit in a blocked
                 account is ordered, parties must use the Judicial Council forms referred to in
                 section 4.E above.
                                                 49
RULE 13 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                         PROBATE RULES
                 It is the responsibility of the fiduciary to file a Receipt for the blocked account,
                 signed by an officer of the financial institution accepting the deposit, within 15
                 days of the date of deposit. If the Receipt has not been filed within 45 days of the
                 order, the fiduciary must file a written explanation with the Court within 45 days
                 of the order, stating the reason the Receipt has not been filed and when the
                 fiduciary expects the Receipt to be filed.

           I.    FUNDS IN BLOCKED ACCOUNT IN NON-GUARDIANSHIP CASES

                 A request for withdrawal of funds for the minor's support, maintenance, or
                 education may be made ex parte if accompanied by a sufficient showing of need.
                 However, where the minor has a living parent or the minor receives or is entitled
                 to support from another source, the petition must contain the allegations referred
                 to in Section 12.F above. In such cases the Court may require that the matter be
                 set for noticed hearing. A petition for withdrawal of funds must be made on
                 Judicial Council form “Petition For Withdrawal of Funds From Blocked Account
                 (form number MC 357), and the petitioner must submit for the Court’s signature
                 the Judicial Council form “Order For Withdrawal of Funds From Blocked
                 Account” (form number MC 358).

                 Where there is no prior Court record of the minor's date of birth, a petition to
                 release funds from the blocked account upon the minor's majority must be
                 accompanied with a copy of the minor’s birth certificate.

           J.    TRANSFER OF ASSETS OF A MINOR OR A PERSON WITH A
                 DISABILITY TO A TRUST

                 When it is proposed to put the assets of a minor or person with a disability in a
                 trust, including a special needs trust, the petition should provide detailed
                 information demonstrating that the proposed trustee is qualified to be appointed as
                 a trustee of the trust. In addition, the proposed trust must comply with all
                 provisions required in CRC 7.903, including but not limited to requiring a bond
                 for the trustee and period accountings to the Court. The proposed trust should be
                 attached to the petition as an exhibit. If the beneficiary of the trust is conserved, at
                 the time of filing of the trustee's accounting, a "Referral for Court Investigator -
                 Conservatorship" form (Attachment PB-4002) must be submitted with the notice
                 of hearing and the original accounting, for review by the Court Investigator. See
                 also Rule 9.A. (1) and (2) on the format of accountings and on accounting
                 compliance dates.
(Eff. 7/01/12)
                 The trustee must file the trust, the court order approving establishment of the
                 trust, and the trustee's bond, if applicable, in a new file with a probate file number,
                 and the filing should take place within 30 days after court approval of the trust.
                 The trust may be filed as a confidential document by attaching one copy of the
                 Confidential Document Cover Sheet. (Attachment PB-4003.)
(Eff. 7/01/12)



                                                   50
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
RULE 14          COMPENSATION OF REFEREES

                 The compensation of the referee must be subject to Probate Court authorization or
                 approval.

RULE 15          MINOR’S EMANCIPATION

           A.    DEPARTMENT

                 All petitions for minor’s emancipations are heard in the Probate Department of
                 the Superior Court.
(Eff. 7/01/02)
           B.    INVESTIGATION
                 An investigation into the circumstances surrounding the minor’s request for
                 emancipation will be conducted by the Court Investigator, who will prepare a
                 written report for the Court.
(Eff. 7/01/02)
           C.    REPRESENTATION

                 Where the minor is unrepresented, he/she must have the petition and
                 accompanying documents reviewed by an attorney. Written verification that the
                 minor has met with an attorney must be submitted to the Court when the petition
                 is filed.
(Eff. 7/01/02)
           D.    STATEMENT

                 The minor is to submit to the Court, with his/her petition, a personal statement,
                 under penalty of perjury, specifying in detail the reasons for the emancipation
                 request and describing the circumstances giving rise to the request.
(Eff. 7/01/02)


           E.    APPEARANCE

                 The minor must attend the hearing on the petition, and anyone who desires to be
                 heard on the emancipation petition may attend. The hearing is to be non-
                 adversarial.
(Eff. 7/01/02)


RULE 16          REMOVAL OF TRUSTEE

                 Individuals requesting removal of a trustee may petition the Court for an order for
                 removal. The petitioner may use the local form entitled Petition to Remove
                 Trustee (attached form PB-4034). Anyone objecting to a petition to remove the
                 trustee may use the local form entitled Objection to Petition to Remove Trustee
                 (attached form PB-4038).
(Eff. 1/01/08)




                                                 51
                             SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                       PROBATE RULES
RULE 17          NAME CHANGE

           A.    DEPARTMENT

                 All petitions for name changes are heard in the Probate Department of the
                 Superior Court.
(Eff. 7/01/02)
           B.    AGE OF MINOR

                 The age of the minor who is the subject of a name petition must be stated in the
                 petition.
(Eff. 7/01/02)
           C.    WRITTEN CONSENT

                 A minor, 12 years of age or older, who is the subject of a name change petition,
                 must give written consent to the name change and must be present in Court on the
                 date of the hearing to be questioned by the Court.
(Eff. 7/01/02)


RULE 18          LANTERMAN PETRIS SHORT (LPS) ACT CONSERVATORSHIPS

           A.    ACCOUNTINGS – TERMINATION OF ONE-YEAR PRIVATE LPS
                 CONSERVATORSHIPS OF THE PERSON AND ESTATE
(Eff. 1/01/12)
                 (1)    At the end of the one-year LPS conservatorship of the estate, where the
                        conservator is a private party and not the Public Guardian, an Order Re:
                        Accounting directing compliance with the statutory accounting
                        requirements, with accompanying “Declaration For Waiver Of Accounting
                        Per Probate Code § 2628 (a)” and blank accounting forms indicating a 60
                        day return period, shall be mailed by the Court to the conservator’s last
                        known address.
(Eff. 1/01/12)
                        a.     If the Declaration For Waiver Of Accounting is executed, the
                               Court shall prepare, execute, and file a “Decree Terminating
                               Conservatorship Of The Person And Estate, Discharging
                               Conservator And Waiver Of Accounting.”
                        b.     If completed accounting forms are returned and are viewed as
                               satisfactory, the Court shall prepare, execute, and file a “Decree
                               Terminating Conservatorship Of The Person And Estate,
                               Discharging Conservator And Settling The Final Accounting.”
                        c.     If there is no response from the conservator, the Court shall issue
                               and set an Order to Show Cause re Contempt hearing at least 30
                               days thereafter on a Friday at 11:00 a.m. in the Probate Department
                               and mail same to the conservator.



                                                52
RULE 18 – con’t              SUPERIOR COURT OF CALIFORNIA
                                COUNTY OF SANTA CLARA
                                        PROBATE RULES
                 (2)    The following are local forms which may be used as provided above:
                        a.      Order Re: Accounting (PB- 4051)
                        b.      Declaration For Waiver Of Accounting Per Probate Code Section
                                2628 (a)” (PB- 4048)
                        c.      Decree Terminating Conservatorship Of The Estate, Discharging
                                Conservator And Waiver/Settling of Account (PB-4050)
(Eff. 7/01/11)

RULE 19          PETITION FOR WRIT OF HABEAS CORPUS RE: QUARANTINE DETENTION
                 Whenever a Petition for Ex Parte Writ of Habeas Corpus Re: Quarantine
                 Detention is brought, the Petitioner shall use the local form entitled "Petition for
                 Writ of Habeas Corpus Re: Quarantine Detention " (attached local form PB-
                 4052). The initial Petition shall be served on the County of Santa Clara, Office of
                 the County Counsel. The Petition shall be filed in the Probate Clerk’s Office by
                 one of the following methods: personal delivery, direct fax or email. If the
                 Petition is filed by fax, it shall be in accordance with California Rules of Court,
                 Rule 2.304 and faxed to (408) 882-2694. If the Petition is filed by email, it shall
                 be scanned, attached as a pdf file, and emailed to quarantinewrit@scscourt.org.
                 Any response to a Petition for Writ must be filed within two court days from the
                 date of service of the initial Petition. The judicial officer reviewing the Ex Parte
                 Writ and any filed response shall complete the local form “Order for Writ of
                 Habeas Corpus Re: Quarantine Detention” (attached local form PB-4053). If the
                 judicial officer grants the Petition for Writ and sets the matter for hearing, the
                 Order shall direct the Clerk of the Court to issue said Writ indicating time and
                 place for the court hearing. The hearing must be set no later than four calendar
                 days from the Petition filing date. The Clerk of the Court shall use the local form
                 “Writ of Habeas Corpus Re: Quarantine Detention” (attached local form PB-
                 4054). The local form “Findings and Order After Hearing Re: Quarantine
                 Detention (attached local form PB-4055) shall be completed and submitted to the
                 Court for final disposition of the case after the hearing.
(Eff. 7/01/11)




                                                 53
                       PROBATE COURT RULES
                          ATTACHMENTS
ATTACHMENT PB-4000        Listing of Newspapers of General Circulation
ATTACHMENT PB-4002        Referral for Court Investigator - Conservatorship
ATTACHMENT PB-4003-1      Confidential Document Cover Sheet (Conservatorship)
ATTACHMENT PB-4003-1a     Confidential Document Cover Sheet (Conservatorship-CSF)
ATTACHMENT PB-4003-2      Confidential Document Cover Sheet (Guardianship)

ATTACHMENT PB-4003-2a     Confidential Document Cover Sheet (Guardianship-CSF)

ATTACHMENT PB-4003-3      Confidential Document Cover Sheet (Trust)

ATTACHMENT PB-4005        Referral for Court Investigator & Questionnaire -
                          Guardianship
ATTACHMENT PB-4011        Visitation Order (Probate)
ATTACHMENT PB-4013        Probate Petition for Visitation
ATTACHMENT PB-4014        Authorization for Release of Information
ATTACHMENT PB-4015        Capacity Declaration – Conservatorship of the Estate
                          Attachment
ATTACHMENT PB-4016        Lay Person’s Declaration Re Legal Capacity
ATTACHMENT PB-4034        Petition to Remove Trustee
ATTACHMENT PB-4035        Objection to Petition to Remove Conservator
ATTACHMENT PB-4036        Objection to Petition to Remove Guardian
ATTACHMENT PB-4037        Objection to Petition to R