San Joaquin — Local Rules Effective January 1, 2022 (PDF)

Source: https://www.sjcourts.org/sites/default/files/2026-04/Final-Local-Rules-eff-1-1-2022_compliant.pdf

Superior Court of California for the County of San Joaquin

SUPERIOR COURT OF CALIFORNIA, for the COUNTY OF SAN JOAQUIN

180 E. Weber Avenue Phone: (209) 992-5695 Stockton, CA 95202 Effective January 1, 2022

TABLE OF CONTENTS Page

RULE 1 GENERAL ................................................................................................................................... 8

1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION (Eff. 01/01/21) ............................................................................................................................... 8

1-101. COURT CALENDARS (Eff. 07/01/98) .................................................................... 8

1-102. SELECTION AND IMPANELMENT OF JURORS ................................................. 8

1-103. “RESERVED FOR FUTURE USE” ........................................................................ 9

1-104. INTERPRETERS .................................................................................................. 9

1-105. TRANSFER OF ADMINISTRATIVE PROCEDURES (Eff. 01/01/99) .....................10

1-106. FIREARMS ..........................................................................................................10

1-107. MEDIA COVERAGE ............................................................................................11

1-109. COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE Eff. 07/01/19) .....................................................................................................16

1-110. DANGEROUS, LARGE OR BULKY EXHIBITS ....................................................16

1-111. JUDICIAL VACATION DAY DEFINED .................................................................20

1-112. SELECTION OF COURT COMMISSIONERS ......................................................20

RULE 2 CRIMINAL .............................................................................................................................. 21

2-100. DISCOVERY IN CRIMINAL CASES ....................................................................21

2-101. PRE-TRIAL MOTIONS .........................................................................................21

2-101.1. MOTIONS TO STRIKE PRIOR CONVICTIONS ...................................................22

2-102. MEMORANDUM OF POINTS AND AUTHORITIES ...............................................22

2-102.1. MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE ............................23

2-102.2. DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE…..……………24

2-103. MOTIONS AT TRIAL ...........................................................................................24

2-104. SANCTIONS .........................................................................................................25

2-105. PRE-TRIAL CONFERENCES ................................................................................25

2-106. JURY INSTRUCTIONS .........................................................................................26

1

Superior Court of California for the County of San Joaquin

2-107. MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON-JUDICIAL HOLIDAYS ……………… .......................................................................................................................26

2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL) ..................26

2-109. TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES .......................26

2-110. ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS .............................27

2-111. REQUESTS TO MODIFY JUDGMENT ................................................................27

2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS .................................................................................................................27

2-113. BAIL SCHEDULE RULE ........................................................................................28

2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368 .............................................................................................28

RULE 3 CIVIL........................................................................................................................................ 29

3-100. IMPLEMENTATION ..............................................................................................29

3-101. DIRECT CALENDARING OF CIVIL CASES ..........................................................29

3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION .........................................29

3-103. TELEPHONE APPEARANCES ..............................................................................34

3-104. SETTLEMENT CONFERENCE PROCEDURES....................................................35

3-105. PROPOSED FINDING, ORDER, JUDGMENT OR DECREE .................................38

3-106. EX PARTE APPLICATIONS AND ORDERS .........................................................38

3-107. PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM .........39

3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS ................39

3-109. DEATH OF A PARTY ............................................................................................39

3-110. CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED PERSON ...........39

3-111. ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES .................40

3-112. ORDERS SHORTENING TIME .............................................................................41

3-113. CIVIL LAW AND MOTION ....................................................................................41

3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS .................................42

3-115. Title [Repealed] ....................................................................................................43

3-116. JURY FEES AND EXPENSES ..............................................................................43

3-117. “COURTESY COPIES” OF BRIEFS AND PAPERS ..............................................43

3-118. “RESERVED FOR FUTURE USE” .........................................................................44

3-119. “RESERVED FOR FUTURE USE” ........................................................................44

2

Superior Court of California for the County of San Joaquin

3-120. SUBSTITUTE SERVICE .......................................................................................44

3-121. ALTERNATIVE DISPUTE RESOLUTION .............................................................44

3-122. JUDICIAL ARBITRATION (Local Rule 3-121, revised) ) .........................................45

3-123. CIVIL MEDIATION PROGRAM (Local Rule 3-125, renumbered) ..........................46

3-124. BINDING ARBITRATION ......................................................................................50

3-125. NEUTRAL EVALUATION ......................................................................................50

3-126. TRIAL BY REFERENCE ........................................................................................51

3-127. EXPEDITED JURY TRIAL (EJT) ...........................................................................51

3-128. SISTER STATE MONEY JUDGMENTS ................................................................52

RULE 4 PROBATE .............................................................................................................................. 53

PART ONE – GENERAL PROCEDURE GUIDE ............................................................................... 53

4-101. ALL PETITIONS ....................................................................................................53

4-102. UNCONTESTED MATTERS .................................................................................54

4-103. CONTESTED MATTERS ......................................................................................54

4-104. WHEN PERSONAL APPEARANCE REQUIRED ...................................................54

4-105. CONSOLIDATION WITH THE LOWEST NUMBER ..............................................54

4-106. EX PARTE APPLICATIONS .................................................................................55

4-107. ADDITIONAL INFORMATION REQUIRED ............................................................56

4-108. ORDERS – CONTENTS, ATTACHMENTS & SIGNATURE PAGE ........................56

4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING ………………………………………………………………………………………………57

4-110. “RESERVED FOR FUTURE USE” [4-110 Repealed 01/01/20 ...............................57

4-111. REQUESTING A CONTINUANCE .................................................................................... 57

4-112. CAPTION ON PLEADINGS ..................................................................................58

4-113. COURT CREATED TRUSTS ................................................................................58

4-114. PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY ...........................58

4-115. COSTS GENERALLY NOT ALLOWED COUNSEL, ADMINISTRATOR OR TRUSTEE ...........................................................................................................................59

4-116. MEET AND CONFER REQUIREMENT .................................................................59

4-117. TELECONFERENCE NOTICE ...............................................................................59

4-118. NOTICE INFORMATION IN PLEADING ................................................................59

PART TWO – DECEDENT ESTATES ................................................................................................ 59

4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIERIES ) ...........59

3

Superior Court of California for the County of San Joaquin

4-202. "RESERVED FOR FUTURE USE" [REPEALED 01/01/20 .....................................59

4-203. NOTICE OF REFULSAL TO PROBATE REJECTED WILL OR CODICIL ..............60

4-204. COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A ..............................................................................................60

4-205. CONTRACTS WITH BROKER OR AGENT ...........................................................61

4-206. APPLICATION FOR FAMILY ALLOWANCE ..........................................................61

4-207. PETITION FOR PRELIMINARY DISTRIBUTION ..................................................61

4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION ...62

4-209. STATUS REPORTS .............................................................................................62

4-210. FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION .........................62

4-211. "RESERVED FOR FUTURE USE" (4-2-11 Repealed 01/01/14) ............................62

4-212. FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT………………62

4-213. EXTRAORDINARY ATTORNEY FEES .................................................................63

4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED .....................................................................................................................63

4-215. REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION ...........64

4-216. MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION ...................................................................................................................65

4-217. REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION .......................66

4-218. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD .................66

PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS .................... 66

4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME ................66

4-302. WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT .........66

4-303. SMALL ESTATE WITHOUT ADMINISTRATION DEPOSIT OF WILL ……………67

4-304. AFFIDAVITS FOR REAL PROPERTY SMALL VALUE .........................................67

PART FOUR – TRUSTS ....................................................................................................................... 68

4-401. FEES ....................................................................................................................68

4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE ….…………69

4-403. "RESERVED FOR FUTURE USE" [Repealed 01/01/13] ........................................69

PART FIVE – CONSERVATORSHIP .................................................................................................. 69

4-501. APPOINTMENT OF COURT INVESTIGATOR .....................................................69

4-502. "RESERVED FOR FUTURE USE" [Eff. 07/01/2021; Former 4-502 Repealed 01/01/20] ..............................................................................................................................70

4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING (Eff. 01/0 ..70

4

Superior Court of California for the County of San Joaquin

4-504. "RESERVED FOR FUTURE USE" [Repealed 01/01/20] .......................................70

4-505. COMPENSATION AND FEES ..............................................................................71

4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED .............................................73

4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS .......................73

4-508. SUBSTITUTED JUDGMENT (Eff. 01/01/11) .........................................................73

4-509. DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILE ....74

4-510. START-UP FEE ....................................................................................................74

PART SIX – PARTICULAR TRANSACTIONS ................................................................................... 75

4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT ................75

PART SEVEN – GUARDIANSHIP ....................................................................................................... 75

4-701. GUARDIANSHIP RULES ......................................................................................75

4-702. GUARDIANSHIP QUESTIONNAIRE [Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] .....................................................................................75

4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON … ...…………76

4-704. GUARDIANSHIP OF PARTICULAR PROPERTY .................................................76

PART EIGHT – MINORS COMPROMISE .......................................................................................... 76

4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS ..76

4-802. SETTLEMENTS WITH AN ANNUITY ....................................................................76

4-803. SETTLEMENTS CREATING A TRUST ................................................................77

4-804. ATTACHMENT LIMITS .........................................................................................77

RULE 5 JUVENILE .............................................................................................................................. 78

5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS .................................78

5-200. EX PARTE APPLICATIONS ..................................................................................78

5-300. PETITIONS TO MODIFY (§388 W&I) ...................................................................78

5-400. GENERAL COMPETENCY REQUIREMENT .........................................................79

5-401. “RESERVED FOR FUTURE USE” [5-401 Repealed 01/01/14] .............................80

5-402. SCREENING FOR COMPETENCY .......................................................................80

5-403. REPRESENTATION OF MINORS ........................................................................80

5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT ...................................................80

5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 ...........80

5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS ..................80

5-407. APPLICATION OF THESE RULES .......................................................................81

5

Superior Court of California for the County of San Joaquin

5-408. ATTORNEY COMPLAINT PROCESS ..................................................................81

5-409. MINORS' INTERESTS IN OTHER PROCEEDINGS .............................................81

5-410. THE ADVOCATE PROGRAM ...............................................................................81

5-411. CHILD ADVOCATES ............................................................................................81

5-500. RELEASE OF INFORMATION TO ADVOCATE ....................................................83

5-501. RIGHT TO TIMELY NOTICE .................................................................................84

5-502. CALENDAR PRIORITY .........................................................................................84

5-503. VISITATION THROUGHOUT DEPENDENCY .......................................................84

5-504. FAMILY LAW ADVOCACY ...................................................................................84

5-505. RIGHT TO APPEAR .............................................................................................84

5-506. DIRECT CALENDARING OF JUVENILE DELINQUENCY CASES ………………..85

5-507. RECIPROCAL DISCOVERY ..................................................................................85

RULE 6 ELECTRONIC FILING (DIRECT FACSIMILE (FAX) FILING - CIVIL MATTERS ....... 85

6-100. [6-100 Repealed 01/01/20] ....................................................................................88

6-101. [6-101 Repealed 01/01/20] .....................................................................................88

RULE 7 FAMILY LAW ......................................................................................................................... 89

7-100. EMERGENCY ORDERS .......................................................................................89

7-101. ORDER EXCLUDING A PARTY FROM THE HOME ............................................89

7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS ....................................89

7-102.5. DECLARATIONS SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER ..............................................................................................................................90

7-103. MEET AND CONFER REQUIREMENT .................................................................90

7-104. MEDIATION ..........................................................................................................91

7-105. SUPPORT .............................................................................................................92

7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS ………………92

7-107. DEFAULTS ...........................................................................................................93

7-108. AT-ISSUE MEMORANDUMS ...............................................................................93

7-109. RESULT OF FAILURE TO COMPLY WITH RULES .............................................93

7-110. SETTLEMENT CONFERENCES ..........................................................................94

7-110.5 . PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION ….……………94

7-111. FAMILY LAW TENTATIVE RULINGS ...................................................................94

7-112. DUTIES OF FAMILY LAW FACILITATOR .............................................................95

7-113. JUDICIAL CAVEAT ................................................................................................95

6

Superior Court of California for the County of San Joaquin

7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS .......................................................................96

7.115. VIDEO CONFERENCE APPEARANCE ................................................................97

7.116. TELEPHONIC APPEARANCE AT HEARING .......................................................99

7.117. INTERVIEW FOR MINOR TO MARY OR ENTER DOMESTIC PARTNERSHIP.. 102

RULE 8 ADOPTION PROCEEDINGS ............................................................................................ 103

8-101. KINSHIP AGREEMENTS ................................................................................... 103

8-201. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS – CAPTION .......................................................................................................................... 103

8-202. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT ................................................................................................................ 103

RULE 9 ................................................................................................................................................... 106

RULE 9. “RESERVED FOR FUTURE USE” [SMALL CLAIMS E-FILING repealed (deleted) 07/01/15.] ........................................................................................................................... 106

RULE 10 APPEALLATE DIVISION ................................................................................................. 107

10-100. JURISDICTION ................................................................................................... 107

10-101. JUDICIAL ASSIGNMENT AND SESSIONS ........................................................ 107

10-102. RECORD ON APPEAL ........................................................................................ 107

10-103. REQUESTS FOR FREE CLERK OR REPORTERS TRANSCRIPT …………….108

10-104. USE OF OFFICIAL ELECTRONIC RECORDING ............................................... 108

10-105. BRIEFS ............................................................................................................... 108

10-106. APPOINTED COUNSEL ..................................................................................... 109

10-107. [10-107 Repealed 01/01/18] ................................................................................. 109

7

Superior Court of California for the County of San Joaquin

RULE 1 GENERAL

1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION (Eff. 01/01/21)

A. These rules shall be known and cited as “Local Rules of the Superior Court of
California, for the County of San Joaquin” and shall at all times be
supplementary to and subject to any and all rules adopted by the Judicial
Council of the State of California. These rules shall become effective January
1, 2021, and these new rules shall have no retroactive effect or application
whatsoever. These rules shall, on the date when they become effective,
supersede all rules previously adopted by this court and all previously adopted
rules are repealed.

B. Unless otherwise provided in these rules, all rules set forth herein are
applicable in all judicial districts in this county. (Eff.01/01/21)

1-101. COURT CALENDARS (Eff. 07/01/98)

The court's business is distributed in accordance with its latest "General Calendar," which sets forth the time, place, and any special requirements adopted by the court for hearing the various types of court business. Before applying or noticing any matter for hearing or for trial, the moving party should ascertain the latest calendar requirements from the Clerk of the Superior Court. (Eff. 07/01/98)

1-102. SELECTION AND IMPANELMENT OF JURORS (Eff. 07/01/17)

A. Source Lists: As authorized in Code of Civil Procedure section 197(b), the
juror source list used by the Jury Commissioner shall be a list consisting of the
combination of the list of registered voters in San Joaquin County and the
Department of Motor Vehicles lists of licensed drivers and California
identification cardholders who are 18 years old or older who reside in San
Joaquin County.

1. Prospective jurors shall be summoned for jury service for limited and
unlimited jurisdiction cases heard in the Stockton Courthouse from the
countywide master list. Prospective jurors summoned for trials
transferred from Stockton to the Lodi, Manteca, or Tracy branches shall
also be summoned from the countywide master list. Prospective jurors
summoned for limited jurisdiction trials and misdemeanors trials
transferred from Stockton to the Lodi, Manteca, or Tracy Branches shall
be summoned from the master list for the area served by the court to
which the case is transferred.

2. Prospective jurors shall be summoned for jury service for limited
jurisdiction cases heard in the Lodi branch from a master list consisting
of residents who live in the area served by that court. The area served

8

Superior Court of California for the County of San Joaquin

by that court is defined by the following zip codes: 95220, 95227, 95237,
95240, 95241, 95242, 95253, 95254, 95258, 95632 and 95686.

3. Prospective jurors shall be summoned for jury service for limited
jurisdiction cases heard in either the Manteca or Tracy branches from a
master list consisting of residents who live in the area served by both of
those courts. The areas served by those courts are defined by the
following zip codes: 95231, 95320, 95330, 95336, 95337, 95361, 95366,
95367, 95304, 95376, 95377, 95378, 95385 and 95391.

B. Deferral of Jurors Who Appear Pursuant to Summon: When a summoned
juror appears for jury service and advises the trial court of a circumstance that
amounts to a temporary or marginal hardship, the juror shall be deferred
instead of excused. Except when necessary to avoid a temporary or marginal
hardship deferrals should be granted for no longer than 90 days. Hardships
that warrant deferral under this section include:

1. A temporary illness of the juror or temporary illness of a person for whom
the juror renders care;

2. A medical appointment that cannot be rescheduled or postponed;

3. A scheduled vacation which involves prepaid commitments, involves the
scheduled vacation of the juror’s family, or a vacation that cannot
otherwise be conveniently rescheduled.

4. A work hardship or important business demand such as the temporary
unavailability of someone to take the place of the juror, a training
program the juror is scheduled to attend, or some other work demand of
a nonrecurring nature which cannot be conveniently rescheduled;

5. Seasonal employment;

6. Jury service would jeopardize the academic standing of a prospective
juror who is a student or set the prospective juror back in completing an
academic program; and

7. Any other legitimate temporary or marginal hardship not expressly
defined that, in the opinion of the trial court, would justify a deferral. (Eff.
07/01/17)

1-103. “RESERVED FOR FUTURE USE” (Eff. 07/01/15)

1-104. INTERPRETERS (Eff. 07/01/15)

A. Parties must provide the court with a minimum of five (5) business days’ notice
(for all languages, including American Sign) to ensure that an interpreter will

9

Superior Court of California for the County of San Joaquin

be available. The court may waive this requirement in extenuating
circumstances.

B. Requests to the court for interpreter services shall be submitted on the
Interpreter Request Form available on the court’s public website.

C. Where it is later determined that the interpreter is not needed, the party or
counsel shall provide notice to the court at least two business days before the
hearing. If such notice is not provided and the court incurs costs of the
interpreter, the court may bill the requesting party for such costs. (Eff.
07/01/15)

1-105. TRANSFER OF ADMINISTRATIVE PROCEDURES (Eff. 01/01/99)

A majority of the judges may appoint an Executive Officer of the Superior Court pursuant to Government Code section 68114.6to serve as the chief administrative officer of the court, who shall also act as Clerk of the Superior Court and perform the duties of Jury Commissioner of the County. His or her duties are those contained in his or her job description, in California Rules of Court, Rule 207, and as further assigned by the Presiding Judge. (Eff. 01/01/99).

1-106. FIREARMS (Eff. 07/01/17)

A. Except as specified below, no person shall bring any firearm into:

B. The Stockton Courthouse at 180 E. Weber Avenue in Stockton, California;

C. The court wing of Dept. L1 located at 230 W. Elm Street, Lodi, California;

D. The building which houses Department L2 located at 315 W. Elm Street, Lodi,
California;

E. The main lobby entrance or courtrooms of Departments M1 and M2 located at
315 E. Center Street, Manteca, California;

F. The main lobby entrance or courtrooms of Departments T1 and T2 located at
475 E. Tenth Street, Tracy, California;

G. The court wing beginning at the door entry to the metal detectors of the
building that houses Departments J1, J2, and J3 located at 535 W. Matthews
Road in French Camp; or

H. Any courtroom located anywhere in the county.

The following persons are exempt from the above rule:

I. A duly appointed peace officer of this state, or of another state or the federal
government who is carrying out official duties while in California, who is on
official business and not a litigant in any matter for which they are present. No

10

Superior Court of California for the County of San Joaquin

peace officer, or any other person, shall carry a firearm into a courtroom when
they are a litigant in any matter for which they are present.

J. A peace officer as described above, attorney in a matter, or investigator who
is not a litigant and has a firearm that is evidence in the matter in that
courtroom. Such individual must notify the bailiff of the presence of the
firearm and provide the firearm to the bailiff for inspection prior to entry into
the courtroom or immediately thereafter.

Failure to abide by this rule will be punishable as contempt of court. (Eff.
07/01/17)

1-107. MEDIA COVERAGE (Eff. 01/01/18)

A. This rule is established under the authority recognized in subdivision (e)(4) of
California Rules of Court, Rule 1.150 to supplement Rule 1.150. The words
and phrases used in this rule have the same meanings as in Rule 1.150.
Nothing in this rule changes or affects the procedures established in the
California Rules of Court regarding the coverage of court proceedings by
electronic media.

B. Knowledge of the Rule

California Rules of Court, Rule 1.150, subdivision (e)(4) requires that each
media agency is responsible for ensuring that all of its personnel who cover
court proceedings know and follow Rule 1.150. Each media agency shall also
be responsible for ensuring that its personnel know and follow this rule.

C. Media Requests

1. The approved Judicial Council form must be submitted to the court’s
Public Information Office. This shall be done at least 5 court days before
the hearing unless the request involves a new case, advanced hearing,
or there is other good cause for submitting the form fewer than 5 court
days before the hearing.

2. Media personnel, representatives of media agencies, and attorneys for
media agencies shall not communicate with the assigned judge or
presiding judge concerning a request to modify an order issued under
California Rules of Court, Rule 1.150 or this local rule other than by the
approved Judicial Council form, written application noticed to the
litigants, or at a public hearing. Any media agency aggrieved by the
provisions of this local rule or aggrieved by an order made pursuant to
this local rule concerning areas outside a courtroom may apply to the
presiding judge to modify the application of the rule or order or to be
exempted from it. A written application to the presiding judge shall be
submitted to the Public Information Office, but shall first be served upon

11

Superior Court of California for the County of San Joaquin

the parties in any litigation that is the subject of the media request. An oral application may only be made at a hearing and only when any affected parties in the subject litigation have been given notice of the hearing. Media personnel, representatives of media agencies, and attorneys for media agencies shall not make ex-parte contact with the presiding judge when applying for a modification or exemption. The hearing shall be scheduled by contacting the Public Information Office.

D. Coverage Inside of the Courthouse

1. Purpose

Metal detection and other security measures are installed at the entrance
of the court’s courthouses. Prospective and sworn jurors, witnesses,
spectators, litigants, and their children often congregate in common
areas of the Courthouse including hallways, lobbies, and entry areas.
Often these common areas are quite congested. The Lodi, Manteca,
Tracy, and Juvenile Justice Center have lobby areas where prospective
and sworn jurors, witnesses, spectators, litigants, and children
congregate. Photographing, videotaping, filming, broadcasting in these
areas may interfere with those activities, including security operations.

Accordingly, this subdivision is established to:

(a) Protect the privacy rights of prospective jurors, seated jurors,
witnesses, victims, and court spectators as contemplated by
subdivisions (e)(3)(E) and (e)(6)(D) of California Rules of Court,

Rule 1.150.

(b) Preserve the security of the court and the safety of people in the
courthouse as contemplated by subdivision (e)(3)(O) of Rule
1.150.

(c) Preserve the dignity of the court and prevent interference with the
orderly conduct of proceedings in courtrooms as contemplated in
subdivisions (e)(3)(O),(R), and (Q) of Rule 1.150 which could be
affected by disruptions in the hallways outside of courtrooms.

2. Jurors

Photographing, videotaping, filming, broadcasting, and electronic
recording of jurors in the courtroom is prohibited by subdivision (e)(6)(D)
of California Rules of Court, Rule 1.150. Except as provided below, the
photographing, videotaping, filming, broadcasting, and electronic
recording of anyone wearing a juror badge, whether intentional or
inadvertent, in any courtroom or courthouse of the San Joaquin Superior
Court is also prohibited. The photographing, videotaping, filming,

12

Superior Court of California for the County of San Joaquin

broadcasting, and electronic recording of anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse is prohibited. The faces of anyone wearing juror badges or anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse inadvertently depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. Photographing, videotaping, filming, broadcasting, and electronic recording of prospective jurors who have been discharged from service, seated jurors who have been discharged from service or alternates who have been discharged from service is permitted in the courthouse only when that person consents.

3. Spectators

   (a) Photographing, videotaping, filming, broadcasting, and electronic recording of courtroom spectators is prohibited by subdivision (e)(6)(D) of Rule 1.150. This prohibition shall apply to the photographing or videotaping of any person while seated in any San Joaquin Superior Court courtroom audience, regardless of whether that person participated in the case or is scheduled to participate in the case as a witness or any other capacity. The faces of spectators depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. When courtroom photography or videotaping is permitted, the court will work with the media to situate photographers in positions where spectators are not likely to be depicted in the background.

   (b) The prohibition against photographing, videotaping, filming, broadcasting, or electronic recording of spectators shall not apply to any person situated in the audience who becomes disruptive or who addresses the court if Rule 1.150 authorization has previously been granted for those proceedings. However, the judge who authorizes a Rule 1.150 request may prohibit in advance the photographing, videotaping, filming, broadcasting, or electronic recording of spectators who become disruptive or who address the court when granting the Rule 1.150 request.

4. Stockton Courthouse

   Unless approved by written order of the presiding judge of this court or a judicial officer designated by the presiding judge, photographing, videotaping, filming, broadcasting, and electronic recording of any kind, other than handheld recording devices used for personal note taking, is prohibited in the following parts of the Stockton Courthouse:

   13

Superior Court of California for the County of San Joaquin

(a) In any hallway by a photographer who is situated within a 10-foot
radius of the doors to any courtroom. Photographers must
situate themselves outside the 10-foot radius so as to not inhibit
or obstruct entry into or exit from the courtroom. Unless there is
consent, photographers and media personnel shall not inhibit or
obstruct any person’s movements anywhere in the courthouse.

(b) Through a door window or open courtroom door from the hallway
outside of any courtroom into that courtroom unless authorized
by order of the judge presiding in that courtroom.

(c) In the Jury Assembly Room, from the hallway into the Jury
Assembly Room, or in any jury deliberation room.

5. Stockton Courthouse – Hallways and Lobby

   (a) Sheriff’s court security staff has the authority to order members of the public, including members of the media, to move out of the way in hallways and other public areas in the courthouse.

   (b) Members of the public, including members of the media, shall not obstruct or compromise the security operations in the lobby or elsewhere in the courthouse. Sheriff’s court security staff has the authority to determine when security operations are compromised or obstructed by persons in the lobby or elsewhere. Members of the media must comply whenever a sheriff’s court security supervisor or supervisor of weapons screening determines that security operations are compromised or obstructed by the media presence and orders them to move out of the lobby or elsewhere.

   (c) Members of the media shall not obstruct the movements of any individual walking anywhere in the courthouse without that person’s consent.

6. Juvenile Justice Center

Unless approved by written order of the presiding juvenile judge or a judicial officer designated by the presiding juvenile judge, photographing, videotaping, filming, broadcasting, and electronic recording of any kind other than handheld recording devices used for personal note taking is prohibited anywhere in the Juvenile Justice Center branch. Cameras and recording devices shall be turned off while being transported in any area within this branch.

14

Superior Court of California for the County of San Joaquin

7. Handheld Audio Recording Equipment

Other than in the courtrooms, the use of handheld audio recording
equipment for note-taking purposes is not prohibited in the courthouse.

8. Obstructions Outside of the Courthouse

Photographing, videotaping, filming, broadcasting, and electronic
recording outside a courthouse, but on San Joaquin Superior Court
property is not prohibited. However, such media coverage shall not
obstruct pedestrian traffic or compromise security.

9. Additional Orders

On occasion, the media interest in a given court proceeding may be so
intensive that additional prohibitions are warranted to satisfy the
concerns listed in this local rule. Accordingly, when such is the case or
when other circumstances warrant, the presiding judge or judicial officer
designated by the presiding judge shall make whatever orders are
necessary governing photographing, videotaping, audio recording, and
broadcasting in the hallways, stairwells, elevators and other areas within
any of the courthouse branches.

10. Media Coverage in Courtrooms

Photographing, videotaping, filming, broadcasting inside of courtrooms
shall continue to be governed by California Rules of Court, Rule1.150
and any other rules established by the California Judicial Council.

E. Rule Violations

Violations of this local rule or any orders of the court may be addressed in the
ways listed in subdivision (f) of California Rules of Court, Rule1.150.
Additionally, any media agency that violates any provision in Rule 1.150 or this
local rule may be prohibited from photography, videotaping, filming,
broadcasting or electronic recording of future court proceedings inside
courtrooms. (Eff. 01/01/18)

1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT (Eff. 01/01/22)

A. This local rule covers the use of any photographic, video and audio recording
or transmission equipment by people not working in a media capacity. For
purposes of this rule, photographic equipment includes, but is not limited to:
cameras, camera phones, and video recording cameras.

B. The use of photographic equipment and audio recording or transmission
equipment in any courtroom, through a courtroom door window into any

15

Superior Court of California for the County of San Joaquin

courtroom, or from an entryway into a courtroom is prohibited without the
advance permission of the judge.

C. The use of photographic equipment or audio recording or transmission
equipment in any jury assembly room or juror deliberation room, through a
window into such rooms, or into any such rooms from any vantage point
outside of such rooms is prohibited without advance permission of the
Presiding Judge, Jury Commissioner, or their designees.

D. Photographing, videotaping, filming, and electronic recording of anyone
wearing a juror badge anywhere inside a courthouse is prohibited.
Photographing, videotaping, filming, and electronic recording of anyone
standing in line awaiting entry into a jury assembly room is also prohibited.

E. Photographing, videotaping, filming, and electronic recording of anyone
involved in any case, including litigants, witnesses, and spectators, anywhere
inside a courthouse is prohibited.

F. Unless approved by written order of the presiding juvenile judge or a judicial
officer designated by the presiding juvenile judge, photographing, videotaping,
filming, broadcasting, and electronic recording is prohibited anywhere in the
Juvenile Justice Center.

G. The prohibitions against photographing, videotaping, filming, and electronic
recording outside of a courtroom any persons listed in this rule do not apply if
such person consents. Nothing in this rule shall be read to prohibit
photography associated with weddings as long as persons who are prohibited
from being photographed in this rule are not depicted in such photos.

H. Photography, video and electronic recording equipment used in violation of
this rule is subject to confiscation. Any person who is a party, witness, or
attorney of a party and who violates this rule is subject to punishment under
Code of Civil Procedure section 177.5. Any other person who violates this
rule is subject to punishment for contempt of court. (Eff. 07/01/05)

1-109. COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE Eff. 07/01/19)

Commissioners and Juvenile Court Referees of the San Joaquin Superior Court are appointed Judge Pro Tempore in all matters calendared, or otherwise assigned, to them. They are granted full judicial power until a final determination of the matter. (Eff. 07/01/19)

1-110. DANGEROUS, LARGE OR BULKY EXHIBITS (Eff. 07/01/05)

A. Permission from the judge assigned to the hearing or trial must be obtained
before a party may bring dangerous, large or bulky exhibits into the

16

Superior Court of California for the County of San Joaquin

courthouse. If possible, the party should substitute a photograph, technical
report, or dummy object for proposed exhibits which are either:

1. Inherently dangerous, such as:

a. Firearms;

b. Any type of explosive powder;

c. Explosive chemicals, toluene, ethane;

d. Explosive devices, such as gasoline, kerosene, lighter fluid, paint
thinner, ethyl ether;

e. Flammable liquids such as gasoline, kerosene, lighter fluid, paint
thinner, ethyl ether;

f. Canisters containing tear gas, mace;

g. Rags which have been soaked with flammable liquids;

h. Liquid drugs such as phencyclidine (PCP), methamphetamine,
corrosive liquids, pyramiding, morphine, or piper dine;

i. Samples of any bodily fluids, liquid or dried; or

j. Controlled or toxic substances.

2. Large and cumbersome, such as a ladder, sewer pipe, or automobile
chassis.

If a party believes the exhibit should be brought into the courtroom
without substitution, an application for permission must be made in
writing and describe the materials to be brought into the courtroom and
the reason a substitution should not be made. The option of viewing
the materials at another location may be considered by the court.

B. Evidence received in any case shall be limited to those items required in the case and shall be retained by the court for the minimum time required by law, unless good cause is shown to retain the evidence longer.

C. No exhibits shall be accepted by the clerk or exhibits custodian unless:

1. All containers of controlled or toxic substances are securely sealed to
safeguard court personnel, so that the contents cannot be spilled and
odors cannot be emitted;

17

Superior Court of California for the County of San Joaquin

2. All containers of liquid substances, including bodily fluids, are securely
sealed to safeguard court personnel, so personnel are not exposed to
the contents and odors cannot be emitted;

3. All objects containing bodily fluids or dangerous, controlled or toxic
substances (e.g., bloody shirt, gasoline-soaked rag, etc.) are placed in
securely sealed containers so that odors cannot be emitted and court
personnel are safeguarded.

4. All firearms are secured by a nylon tie or trigger guard, and have been
examined by the bailiff to determine that they have been rendered
inoperable;

5. All sharp objects, such as hypodermic needles, knives, and glass are
placed in securely sealed containers which will safeguard personnel;

6. All containers with liquid substances are clearly marked and identified as
to type and amount;

7. All containers of controlled substances are clearly marked, identified,
weighed and sealed;

8. All cash is specifically identified, whether individually or packaged, as to
the total amount and number of each denomination.

D. All exhibits must be individually tagged with the proper exhibit tag, properly completed and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or identified will not be accepted by the court. Unless otherwise ordered, unidentified or improperly identified liquids, containers, controlled substances, or other suspect substances shall be returned to the party offering them.

E. When a dangerous, large or bulky exhibit that has been marked and identified or received in evidence poses a security, storage or safety problem, on recommendation of the clerk of the court or any party or the court’s own motion, the court may order that all or a portion of it be returned to the party that offered it. In the case of exhibits offered by the prosecutor in a criminal case, the court may order that the exhibit be returned to the law enforcement agency involved. The order shall require that a full and complete photographic record of the exhibit or the portion returned by substituted for the exhibit. The party who offered the exhibit shall provide the photographic record. The party or agency to whom the exhibit is returned shall be responsible for maintaining and preserving the exhibit until there is a final disposition of the action or proceeding. All exhibit tags and other identifying markings or information concerning each exhibit shall remain in place and shall not be disturbed. Each exhibit shall be maintained intact and in the same condition as during trial. In the event further proceedings of any court having jurisdiction of the matter

18

Superior Court of California for the County of San Joaquin

require the presence of the exhibit, the party or agency to whom it was returned shall promptly deliver the exhibit to the court, with notice to all parties.

EXHIBITS

A. Exhibits submitted by plaintiff, petitioner or the People should be marked consecutively with numbers. Exhibits submitted by defendant or respondent should be marked consecutively with letters.

B. All exhibits must be individually tagged with the proper exhibit tag. Each exhibit tag must be properly completed and security attached to the exhibit. Any exhibit improperly tagged will not be accepted by the court. Original photographs or 8 1/2 x 11-inch copies shall be substituted for any photographically enlarged or oversized exhibits.

C. Prior to the final determination of an action or proceeding, only attorneys of record, self-represented parties and court employees may view the exhibits. All other interested persons must obtain an order of the court to view the exhibits. Viewings shall take place in the presence of an exhibit custodian. Exhibits may not be altered or taken apart, except by court order.

D. Any party to the action may seek temporary release of exhibits for copying or laboratory testing. An order for temporary release may be obtained by stipulation of the parties or by noticed motion. The party seeking the release may be obtained by stipulation of the parties or by noticed motion. The party seeking the release must present the original signed order and one copy to the exhibit custodian. The order must include the case number, names of the parties, name and telephone number of the person to whom the exhibits are to be released, a description of the exhibits, and the date the exhibits are to be returned. The party seeking release may be required to provide a full and complete photographic record of the exhibit before it will be released.

E. Exhibits received in a criminal matter may be used in a civil action, upon stipulation signed by the prosecutor and criminal defense counsel (including appellate counsel, if applicable) or on noticed motion, with notice being given to all parties in the civil and criminal cases. The stipulation or motion shall bear the criminal case caption and number, be filed in the criminal case, and reference the civil case by name and number.

F. On order of the court, at the conclusion of the trial or hearing, any exhibit that has been marked for identification but not introduced or received in evidence at trial, may be returned to the party that offered it. Counsel must preserve and maintain all returned exhibits until the time for appeal has passed.

G. Exhibits received in evidence at the trial or a hearing in a criminal case may be returned by the court to the party who offered them, in accordance with Penal Code §§ 1417.2, 1417.3 and 1417.5. Exhibits received in evidence at the trial

19

Superior Court of California for the County of San Joaquin

or a hearing in a civil case may be returned by the court to the party who offered them, in accordance with Code of Civil Procedure §§ 1952(a) and 1952.2. (Eff. 07/01/05)

1-111. JUDICIAL VACATION DAY DEFINED (Eff. 07/01/08)

Time away from the court for more than one-half day for vacation purposes shall be deemed as a full day of vacation. (Eff. 07/01/08)

1-112. SELECTION OF COURT COMMISSIONERS (Eff. 07/01/10)

The following procedure for the hiring of court commissioners is adopted by the
judges of San Joaquin County:

1. Initial applications for commissioner positions shall be screened by the Human
Resources Department to ensure applicants meet the minimum qualifications
required for the position.

2. The presiding judge, with the advice of the Executive Committee, shall
establish two committees for the purpose of first reviewing and selecting the
most qualified applications and then interviewing candidates for the
commissioner position. For each committee, the presiding judge shall select
among judges who volunteer for the committees and shall choose at least one
representative from those judges with a current criminal assignment, one with
a current civil assignment and one judge who was formerly a commissioner.
In the event the opening is for a 1058 commissioner, then the committees
shall include a judge with family law experience. The number of judges who
serve on each committee shall be at the discretion of the presiding judge.

a. The first committee shall review the qualified applications and select the
applicants that the committee deems most qualified.

b. The second committee shall interview the applicants chosen by the first
committee. This committee shall determine which of these applicants
shall make a presentation to the entire bench.

3. The bench shall choose the most qualified candidate following a presentation
by each of the applicants chosen by the second committee. (Eff. 07/01/10)

20

Superior Court of California for the County of San Joaquin

RULE 2 CRIMINAL

2-100. DISCOVERY IN CRIMINAL CASES (Eff. 07/01/98)

A. Discovery in criminal cases is governed by Penal Code Section 1054, et. seq.
It is the order of this court that all parties comply with the obligations set forth
in those provisions. This order shall be in effect in all criminal cases and there
shall be no need to seek a further order of the court prior to seeking
enforcement of this order as long as the party seeking enforcement has made
the informal request described in Penal Code Section 1054.5(b).

B. Any party asserting a work product or other privilege pursuant to Penal Code
Section 1054.6 or a good cause exception must assert that privilege or
exception by noticed motion which shall be heard prior to the date of the
readiness conference. The factual showing establishing a claim of work
product, privilege, or good cause need not be set forth in the motion or
accompanying points and authorities. The factual showing may be made to
the court in-camera upon the moving party’s request. The request to make an
in-camera showing shall be made in the motion. If the court hears the matter
in-camera, the court shall follow the procedure for establishing and sealing the
record of the in-camera hearing set forth in Penal Code section 1054.7.

C. In the event of a failure to comply with the obligations set forth in Penal Code
Section 1054, et. seq., the court may impose sanctions including, but not
limited to:

i. contempt;

ii. delaying or precluding the testimony or evidence;

iii. continuance;

iv. jury instruction commenting on the party's failure to comply with their
discovery obligations;

v. dismissal where required by the United States Constitution;

vi. imposition of monetary sanctions on counsel. (Eff.07/01/98)

2-101. PRE-TRIAL MOTIONS (Eff. 07/01/98)

A. Felony Cases

Except for good cause, all pre-trial motions shall be filed and served within
sufficient time to be heard and determined prior to the date of the first
readiness conference.

21

Superior Court of California for the County of San Joaquin

B. Misdemeanor Cases

Except for good cause, all pre-trial motions shall be noticed by the parties or
scheduled by the court for no later than a day in the week prior to the
readiness conference. (Eff. 07/01/98)

2-101.1. MOTIONS TO STRIKE PRIOR CONVICTIONS (Eff. 01/01/99)

To the extent that a motion to strike prior convictions based upon the validity of those convictions is authorized by statutory or decisional law, such a motion must be made pretrial within the time prescribed in Rule 2-101(a). (Eff. 01/01/99)

2-102. MEMORANDUM OF POINTS AND AUTHORITIES (Eff. 07/01/98)

A. Facts and Issues

A memorandum of points and authorities must include a statement of the case
and/or a statement of facts setting forth any procedural or factual matters
relevant to the issues presented. The memorandum must clearly specify the
precise factual and legal issues raised in the motion and the specific legal
authority relied upon for the motion. If reference is made in the memorandum
of points and authorities to the transcript of the preliminary hearing, the
specific page and line number of the transcript shall be cited. If reference is
made to the transcript of a hearing other than the preliminary hearing, a copy
of the relevant excerpt of that hearing shall be attached to the memorandum
of points and authorities.

B. Citations

Citations to California cases must be by reference to the official reports and
should indicate the year of the decision, the volume number, the first page of
the case, and the specific page or pages on which the pertinent matters
appear. New California cases not yet published in the advance sheets may
be cited by reference to the Daily Appellate Report. Copies of cases cited in
the Daily Appellate Report must be attached to the memorandum of points
and authorities.

If authorities other than California cases, United States Supreme Court cases,
and Witkin are cited in the memorandum of points and authorities, a copy of
such authorities must be attached thereto.

C. Previous Motions at the Preliminary Hearing

The moving party’s memorandum of points and authorities shall state whether
the motion was heard at the preliminary examination. If so, the moving party’s
memorandum of points and authorities shall specify the factual findings and
legal conclusions made by the court.

22

Superior Court of California for the County of San Joaquin

D. Failure to File Memorandum of Points and Authorities/Failure to Address
Issues

Absence of a memorandum of points and authorities shall be deemed by the
court to be a concession that the motion lacks merit. No issues other than
those set forth in the memorandum of points and authorities will be considered
unless the new issues were not reasonably discoverable before the motion
was filed or there is other good cause shown. (Eff. 07/01/98)

2-102.1. MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE (Eff. 07/01/98)

Failure to comply with any portion of this rule may constitute cause for denial of the
motion.

In all cases, the motion must be written and must comply with rules 2-101, 2-102 and
1538.5 PC. The following requirements apply in addition to those specified in those
rules:

1. List of Items to be Suppressed or Returned:

The moving party shall include a complete itemized list of the specific items of
property or other matters sought to be suppressed or returned. A general
request to suppress or return “all evidence seized,” without greater specificity, is
not sufficient and shall be deemed an abandonment of the motion. Only the
items listed in the motion will be considered by the court for suppression or return
unless it is established the newly identified item could not reasonably be
identified before the motion was filed.

2. Specification of Factual and Legal Basis for Motion:

The moving party’s memorandum of points and authorities shall identify the
specific legal and factual basis and cite the specific authority which will be offered
to support the claim the search or seizure was defective. Failure to identify the
specific legal and factual basis for the claim will be deemed a concession the
search and/or seizure was lawful and will result in summary denial of the motion.

3. Specification of Intended Witnesses:

Moving and responding parties shall specify on the first page of the notice of
motion or response the name of the witnesses, if any, they intend to call at the
hearing.

4. Copy of Search Warrant, Affidavit, and Inventory:

If relevant to the motion, legible copies of the search warrant, affidavit in support
of the warrant, and return and inventory shall be appended to the moving papers.

23

Superior Court of California for the County of San Joaquin

5. Stipulation to Transcript of Preliminary Examination Superior Court:

When any party is unwilling to stipulate to the transcript of the preliminary
examination or grand jury hearing being received into evidence (supplemented
by other testimony and argument of counsel, as needed), that fact shall be stated
on the first page of the notice of motion or response. Failure to so indicate shall
be deemed a stipulation to the admission of the transcript into evidence. (Eff.
07/01/98)

2-102.2. DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE (Eff. 07/01/98)

In addition to the above requirements, defendants shall attach a copy of the current complaint, information, or indictment to the memorandum of points and authorities filed in support of any demurrer, motion to dismiss based upon the pleadings, or motion to strike. In addition, demurrers, motions to dismiss, and motions to strike shall specify in the notice whether the defendant seeks to dismiss or strike the entire complaint, information, or indictment. If the defendant does not seek to dismiss or strike the entire complaint, information, or indictment, the defendant shall set forth in the notice of motion the count, enhancements, allegations, special circumstances, or other aspects of the pleading defendant seeks to dismiss or strike. (Eff. 07/01/98)

2-103. MOTIONS AT TRIAL (Eff. 01/01/98)

A. Felony Cases

In felony cases, all motions in limine, any extraordinary or complex motions,
and any motions requiring live testimony shall be made in writing with a
supporting memorandum of points and authorities. These motions must be
served on opposing counsel and filed with the court no later than one week
before the first trial assignment date.

B. Misdemeanor Cases

In misdemeanor cases, all motions in limine requiring live testimony shall be
made in writing with a supporting memorandum of points and authorities. In
limine motions requiring live testimony shall be served on opposing counsel
and filed with the court no later than one week before the first trial assignment
date. Any other in limine motions in misdemeanor cases may be made orally
or in writing after assignment to the trial department. If other such motions
are made in writing, the moving party must serve the opposing party no later
than the first appearance in the trial department.

C. All evidentiary in limine motions necessitating testimony must be clearly
labeled: LIVE TESTIMONY NECESSARY.

24

Superior Court of California for the County of San Joaquin

D. All in limine motions seeking to exclude or admit evidence or testimony shall
include the following:

1. An itemized list of the evidence the party is seeking to exclude or
admit.

2. A summary of the expected testimony the party is seeking to exclude
or admit and a list of the witnesses the party expects will give that
testimony.

3. Points and authorities as described in 2-102.

E. All motions seeking the admission of evidence pursuant to Evidence Code
§1101(b), or 1108 or 1109, shall include, in addition to the items set forth in
paragraph D, relevant portions of the police reports, transcribed witness
statements, and preliminary hearing and trial transcripts relating to the
uncharged offense when such documents are available.(Eff. 01/01/08)

2-104. SANCTIONS (Eff. 07/01/98)

In the event of a failure to comply with 2-101, 2-102,2-102.1, 2-102.2, or 2-103, the court may impose sanctions including a monetary fine, a refusal to hear the motion, continuance, exclusion of evidence, issue preclusion, or any other relief or sanctions the court deems appropriate. (Eff. 07/01/98)

2-105. PRE-TRIAL CONFERENCES (Eff. 01/01/98)

A. Preparation of Attorneys

In felony and misdemeanor cases, the attorneys who attend the pre-trial
conference should be thoroughly familiar with the case and authorized to
make an offer for early resolution of the case. It is preferable that the
attorneys assigned to the case attend the pre-trial conference. The assigned
attorneys should review all existing investigative reports, preliminary hearing
testimony, and rap sheets prior to the pre-trial conference.

B. Felony Cases - Pretrial Conference Questionnaire

In felony cases, the People shall be required to fill out a pre-trial conference
questionnaire form. The form will be a standard form adopted for this court’s
use after consultation with the District Attorney’s Office, Public Defender’s
Office and Lawyers Referral Service.

The People must serve and deliver the pretrial conference questionnaire to the
courtroom where the conference is to be held no later than two court days prior to
the scheduled pre-trial conference. Counsel for the defense are encouraged to
submit a pre-trial conference questionnaire as well. These questionnaires shall
remain confidential. (Eff. 07/01/98)

25

Superior Court of California for the County of San Joaquin

2-106. JURY INSTRUCTIONS (Eff. 07/01/14)

All requested instructions, including special instructions or modified CALCRIM instructions, shall be presented to the trial court and served on opposing counsel at a time deemed appropriate by the trial court. Unless otherwise ordered by the trial court, all requested instructions shall be presented in their entirety and not simply referred to by CALCRIM numbers. All special instructions shall be labeled People’s Special Instruction or Defendant’s Special Instruction and numbered sequentially. All proposed jury instructions shall comply with the California Rules of Court.(Eff. 07/01/14)

2-107. MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON-JUDICIAL HOLIDAYS (Eff. 07/01/98)

A matter that is improperly set for a time other than as specified by these rules or as allowed by law will be automatically set for the next court day (unless that date would exceed the legal time limit) and then shall be continued by the court as is appropriate. (Eff. 07/01/98)

2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL (Eff. 01/01/99)

A. An attorney retained to represent a defendant in a criminal proceeding shall
not withdraw from such representation except by order of the court upon a
timely motion.

B. Except when a defendant fails to appear and a bench warrant is issued, all
motions to be relieved shall be in writing and served by counsel on defendant
prior to the hearing and comply with Code of Civil Procedure sections 284
and 285 and California Rule of Court 376. Counsel for defendant shall also
serve a copy of the motion on the People.

C. Any motion to be relieved shall include a declaration stating the defendant’s
last known address along with facts indicating when that address was last
confirmed as valid by counsel. If the whereabouts of the defendant are
unknown, the declarations shall include facts constituting reasonable
diligence in ascertaining the defendant’s last known address. (Eff. 01/01/99)

2-109. TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES (Eff. 07/01/15)

A. Unless a Certified Shorthand Reporter is present, all contested matters will
be tape recorded. All other matters will be tape recorded only upon the
request of a party.

B. Where tape recorders are employed instead of court reporters to record
proceedings, tapes shall be preserved by the clerk as follows:

26

Superior Court of California for the County of San Joaquin

1. In all contested matters (motions and trials), tapes will be preserved
until 60 days following final judgment. In cases involving multiple
defendants, tapes will be preserved until 60 days following final
judgment of the last co-defendant. Tapes shall also be preserved until
the appeals of all defendants are final.

2. In all other cases, the tapes will be preserved for 30 days after the
recording date, unless a party shall have delivered to the clerk a
request, in writing, stating the particular case and date recorded, in
which case the tapes will be preserved for 60 days.

3. Unless otherwise ordered by the court, tape recordings of proceedings
are public records and may be examined under reasonable conditions,
to be specified by the clerk.

4. Upon written request, specifying a particular case and tape number,
the clerk may duplicate the tape for a fee. No fee shall be required of
the court appointed counsel. (Eff. 07/01/15)

2-110. ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS (Eff. 07/01/99)

Payment to court appointed counsel in criminal and juvenile matters will be made in such amount and manner set forth in the “Payment Policy and Fee Schedule” of the Lawyer Referral Service, available from that office. (Eff. 07/01/99)

2-111. REQUESTS TO MODIFY JUDGMENT (Eff. 01/01/03)

Requests to modify judgment must be by a noticed motion, specifying the order sought and the support for it, filed with the clerk of the court not less than five (5) days in advance of the hearing date. Notwithstanding the foregoing, a noticed motion is not required for non-substantive modifications, for example, jail report date, fine due date, manner of fine payment, authorization to complete a commitment in another county. (Eff. 01/01/03)

2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS (Eff. 07/01/17)

No application for an order allowing release from jail for medical, dental, funeral or other appointments shall be made ex-parte. All requests for release shall be made to the presiding criminal judge or a judge assigned by the presiding criminal judge. The applicant must show by declaration that notice was given to the District Attorney’s Office and the custodial institution.

A hearing date and time for the application and order must be made 24 hours in advance or within less time upon good cause by contacting the judge’s courtroom clerk. (Eff. 07/01/17)

27

Superior Court of California for the County of San Joaquin

2-113. BAIL SCHEDULE RULE (Eff. 01/01/10)

Pursuant to Penal Code section 1269b, subdivision (d), the Court’s Bail Committee is authorized to prepare, adopt and annually revise the Uniform County Bail Schedule as required by Penal Code section 1269b, subdivision (c). (Eff. 01/01/10)

2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368 (Eff. 01/10/20)

A. Doctor reports regarding mental health competency under PC 1368 must be
filed with the court by 5:00 p.m. no later than the last court day prior to the
hearing either by:

1. Filing the original signed document with the Clerk’s Office in person, which
includes the drop box, or by mail; or,

2. Electronically filing the signed document pursuant to local rule number 6.

If the doctor is not able to file the report, the doctor shall submit for filing a
written request for an extension. Such a request must be filed with the court by
5:00 p.m. no later than the last court day prior to the hearing and shall be
submitted as described in subsections 1 or 2 above. (Eff. 01/01/20)

28

Superior Court of California for the County of San Joaquin

RULE 3 CIVIL

3-100. IMPLEMENTATION (Eff. 07/01/17)

The mandates set forth in these Local Rules are considered lawful orders of the court. Violation of any of these Local Rules may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5 for violation of a lawful court order.

If the court finds that any party has not proceeded with due diligence or otherwise

failed to comply with this rule, sanctions may be imposed pursuant to Government Code section 68608(b).

Unless otherwise required by law, the Clerk’s office will conform a maximum of two (2) copies. (Eff. 07/01/17)

3-101. DIRECT CALENDARING OF CIVIL CASES (Eff. 01/01/20)

THESE RULES APPLY TO ALL CIVIL CASES (LIMITED AND UNLIMITED.
EXCLUDING PROBATE) UNLESS OTHERWISE NOTED.

A. All cases described as personal injury, eminent domain, collection or other
actions denominated as civil in nature shall be subject to assignment to a
judicial officer for all purposes at the time of filing of the action. This section
shall not apply to abandonment, adoption, mental health, petitions for approval
of minors’ compromises and family law cases. Nothing herein shall be
construed to interfere with the Presiding Judge’s authority to assign or reassign
cases. This section also applies to writs.

B. Cases which are subject to direct calendaring shall be assigned to a judicial
officer for all purposes, who shall thereafter handle all proceedings involving the
matter, including trial, except as otherwise provided or required by law. At the
time of the initial filing of any case, the Clerk’s office shall, generate a Notice of
Case Assignment and Notice of Hearing identifying the judicial officer who is
assigned for all purposes including trial. A copy of this notice must be included
with the service of the Complaint, Summons and ADR information upon all
named defendants.

Time limits for peremptory challenges of judges, commissioners and referees
are governed by CCP Section 170.6. (Eff. 05/28/20)

3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION (Eff. 01/01/20)

NOT APPLICABLE TO LIMITED CIVIL CASES

A. Policy:

It is the policy of the San Joaquin Superior Court:

29

Superior Court of California for the County of San Joaquin

1. To manage all cases except civil petitions, probate, mental health,
domestic and paternity actions from the time of filing the first document
invoking court jurisdiction through final disposition.

2. The time frame for unlimited civil cases is 75% within 12 months, 85%
within 18 months and 100% within 24 months.

3. To use these rules as outside limits in the management of civil cases.
Parties are encouraged to proceed at a more accelerated pace,
especially in those cases involving promissory notes, simple breach of
contract, money due and other cases susceptible to early disposition. In
such cases, a party may file its own at-issue memorandum prior to
case management conference to secure an early trial date.

4. Nothing in this section shall prevent the court from issuing an exception
order based on a specific finding that the interest of justice requires a
modification of the routine processes as prescribed.

5. Uninsured motorist (California Insurance Code Section 11580.2) and
eminent domain cases shall be deemed exempt from this rule upon the
filing by plaintiff of a Declaration of Exemption (Form Sup. Ct.56). The
Case Management Conference for these matters will be scheduled 180
days out at case initiation. If the Declaration of Exemption is filed after
case initiation, the CMC date will be vacated and rescheduled for 180
days out from the filing date of the declaration. (CRC 3.712.) Plaintiff is
required to file a dismissal within ten (10) days after receipt of monies or
60 days after the arbitration hearing in all uninsured motorist cases.

6. All civil cases filed which are statutorily limited civil cases shall remain
subject to the “Economic Litigation Rules” (CCP Section 90, et seq.)
regardless of which department or commissioner handles such case.

B. Procedure

1. Any party seeking a change of hearing date set under this section must
file a written application containing a showing of good cause together
with a proposed order five (5) court days in advance of the hearing.

2. Order to show cause hearings for violations of these rules will be held by
the assigned judge approximately 20 days from the mailing of the order
to show cause.

3. Written response to orders to show cause must be filed at least five (5)
calendar days before the hearing.

4. All stipulations for request to continue any proceeding shall be signed by
all attorneys involved in the case.

30

Superior Court of California for the County of San Joaquin

C. Responsive Pleadings

1. If a Certificate of Inability to Respond is timely filed the court will conduct
a hearing to determine a date on which a response must be filed.

2. If the responsive pleading is a demurrer and the demurrer is overruled,
the court shall fix the time for filing a further response. If a demurrer is
sustained with leave to amend, the court shall fix the time for filing an
amended pleading and may fix the time for filing a response.

Pursuant to C.R.C 3.110(g), if a responsive pleading is not served within
the applicable time limits, and no extension of time has been granted,
the plaintiff is required, within 10 days after the time for services has
elapsed, to file a request for entry of default.

D. Stays of Action/Alternative Dispute Resolution Requirements

1. To stay any action pending any type of alternative dispute resolution
(ADR), stipulations and proposed orders must provide that the ADR shall
be binding and that a dismissal of the entire action will be filed.

2. The stay provided by 11 U.S.C. Section 362 shall not affect this section.

E. Extensions by the Court

1. The court may extend any time standard set forth in these rules upon a
showing of good cause on noticed motion or ex-parte appointment with
the assigned judge.

"Good cause" includes the existence of those conditions stated in C.C.P.
section 583.240. When applying to the court to extend time for service
of process based on the conditions stated in C.C.P. section 583.240,
plaintiff shall suggest to the court the earliest time within which the
impediment to service may reasonably be eliminated so that the court is
able to continue its supervision of the case on a date certain.

2. Further, in all civil actions, "good cause" for an extension of time to serve
the defendant with process is established where plaintiff's declaration
affirmatively shows that defendant's insurance carrier or other authorized
representative has been advised that an action has been filed and that
settlement negotiations are in progress which could resolve the case
without further litigation. Upon such showing, it is the policy of the court
to extend the time for service of the complaint to a date certain, within
which time it appears reasonable that negotiations can be concluded.

31

Superior Court of California for the County of San Joaquin

F. Case Management Conference (CMC)

1. Upon filing a complaint, the plaintiff shall receive the following from the
clerk:

(a) Summons and complaint,

(b) Notice and date of the first case management conference (the
first conference will be set within 180 days of the filing date or
within 180 days after an Answer is filed in collection cases
governed by California Rule of Court 3.740), and

(c) A blank Case Management Conference Statement (CMCS).

Any cross-complainant naming new parties will also receive a
notice of case management conference and a blank CMCS.

If a case is transferred from another jurisdiction after a responsive
pleading has been filed, the first status conference will be set within 45
days from the order of transfer. If no responsive pleading has been filed,
the first case management conference will be set within 90 days from the
Order of Transfer. In all other particulars, the plaintiff in a transfer case
will receive the same information and items as described above.

2. At the time of serving the summons and complaint (and a cross-
complaint upon a new party) the responding party shall be served with
the notice of the case management conference and a blank CMCS by
the plaintiff.

3. Each appearing party shall file and serve the completed Case
Management Conference Statement at least fifteen (15) calendar days
prior to the hearing.

4. The assigned judge shall conduct the case management conference, at
which each trial attorney, or attorney familiar with the case, and each
self-represented party must appear. At the CMC, the court may make all
orders it deems appropriate, including but not limited to any one or more
of the following:

(a) A preliminary determination regarding judicial arbitration or
Alternative Dispute Resolution (ADR);

(b) Transfer to another court;

(c) Designating the case as "complex litigation";

(d) Order an early settlement conference;

32

Superior Court of California for the County of San Joaquin

(e) Order a trial setting conference; or

(f) Order the setting of a "short cause" court trial.

5. If none of the parties object to the court referring the matter to arbitration
(and therefore without limit) and both sides have initiated discovery, no
appearances will be required at the case management conference.

6. If a case is not ordered to judicial arbitration, the court will order a trial
setting conference date.

7. Any attorney may appear at the case management conference
telephonically and, when this occurs, local attorneys have the same
option.

8. The court will consider those factors outlined in Judicial Council Rule
2106 in evaluating a management plan for each individual case.

G. Complex Litigation

1. A complex case is one which involves complex issues, difficult legal questions or unusual proof problems.

2. The court, on its own motion, may at any time declare an action a complex case, or may do so pursuant to motion by a party.

3. Once a case is designated as complex by the court, it shall be assigned to a judge for all purposes, including trial.

H. Arbitration Determination

1. Cases are ordered to arbitration at the case management conference.

2. Parties shall be noticed with a trial setting conference date once a
request for trial de novo has been filed. The trial setting conference will
be held approximately 21 days from the request for trial de novo.

I. Trial Setting Conference

1. If a case is not ordered to arbitration at the case management
conference, the assigned judge will set the case for a trial setting
conference.

2. Each trial attorney or attorney familiar with the case and self-represented
party must attend, at which time the assigned judge will set any final
deadlines for completion of discovery. A trial date shall be assigned with
a mandatory settlement conference being set 15 to 30 days prior to trial.
Settlement conferences will be governed by Rule 3-104.

33

Superior Court of California for the County of San Joaquin

3. All trial attorneys or attorneys familiar with the case and self-represented
parties shall attend trial setting conference, unless a Declaration in Lieu
of Personal Appearance has been filed. Said declaration must be filed
with the Court Clerk’s Office at least ten (10) days prior to the trial setting
conference.

J. Non-Availability of Official Court Reporting Services in Civil Departments

San Joaquin Superior Court’s Official Court Reporters are “not available”
within the meaning of California Rules of Court, Rule 2.956, for court
reporting of civil cases. As provided in Rule 2.956(e)(1), the term “civil cases”
includes all matters other than criminal and juvenile matters. This non-
availability extends to all civil cases hearings or proceedings of any kind or
nature, including but not limited to law and motion hearings, ex parte
applications, long-cause hearings and trials. Effective July 31, 2017, the
departments which normally hear civil cases are Departments 10A, 10B, 10C,
10D, and 11B.

As provided in Rule 2.956(c), parties may arrange for the presence of a
certified shorthand reporter to serve as an official pro tempore reporter. It is
the party’s responsibility to pay the reporter’s fee for attendance at the
proceedings, but the expense may be recoverable as part of the costs, as
provided by law.

If a party arranges and pays for the attendance of the certified shorthand
reporter, none of the parties will be charged the reporter’s attendance fee
provided for in Government Code section 68086, subdivisions (a)(1) or (b)(1).

The stenographic notes of the certified shorthand reporter are the official
records of the court and shall be secured by the court in either paper and/or
electronic format in accordance with Government Code section 69955(a), (b),
(c) and (d).

In all cases, the plaintiff shall serve “Notice of “Non-Availability of Official
Court Reporting Services in Civil Departments” (“Notice”) with the complaint.
Likewise, the cross-complainant must serve the Notice on any new parties to
the action. The service information must be included on the Proof of Service
of Summons. In addition, parties that file motions must serve the Notice on
all parties in the case. The service information must be included on the Proof
of Services by Mail. (Rev 1/1/2022)

3-103. TELEPHONE APPEARANCES (Eff. 01/01/14)

A. Subject to the provisions of this rule, parties may appear at case management conferences, law and motion hearings, and fast track hearings by telephone. For ex- parte matters, only defendants or respondents may appear by telephone. The moving party on an ex parte matter must

34

Superior Court of California for the County of San Joaquin

personally appear unless such personal appearance is excused by the Judge
assigned to hear the matter.

B. All persons appearing telephonically must use the telephonic services
designated by the court.

C. Each party or counsel wishing to appear by telephone shall be available on
the date of the hearing at the designated time and shall be responsible for
contacting the teleconferencing service. Such party or counsel shall remain
available until completion of the hearing of the matter. Failure to remain
immediately available as required by these rules will be deemed a non-
appearance at the hearing and may result in sanctions.

D. For good cause shown, the court may deny a request for telephone
appearance, or require that a party or counsel be personally present at any
hearing. (Eff. 01/01/14)

3-104. SETTLEMENT CONFERENCE PROCEDURES (Eff. 07/01/17)

Section 1: Settlement Conference Statements

Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing. In addition to the items required by California Rules of Court, Rule 3.1380(c), the Settlement Conference Statement shall contain a concise summary of the case, a description of the matters agreed upon and the matters in dispute, and the factual and legal contentions as to the matters in dispute. In a personal injury action, the statements shall set forth the medical condition of the party(s), medical treatment received and by whom, a listing of the medical bills, the amount of the general damages claimed and supporting documentation, offers and counter offers of settlement and all other information which will assist the court in settling the case.

Section 2: Necessary Preparation

All discovery should be completed prior to the hearing. If there is a dispute which

requires an accounting, the accounting should be completed. If there is a material dispute as to the value of property, appraisals must be completed. If there is a substantial dispute as to medical condition of a party, all medical examinations should be completed.

Section 3: Materials to be Brought to Conference

In a personal injury case, copies of medical reports, copies of medical bills, and if loss of earnings are claimed, documentation therefore is to be brought to the conference. If economists are to be used to support loss of earnings, a copy of the economists' reports and all other material necessary to substantiate general and

35

Superior Court of California for the County of San Joaquin

specific damages will be required. In other cases, copies of accountings, appraisals and other documentation will be required.

Section 4: Duties of Attorneys and Parties Attending Settlement Conferences

(a) Each party claiming damages shall furnish to all other parties at least ten (10) days before the settlement conference, the amount of general damages claimed, an itemized list of special damages and medical billings, and in a personal injury or wrongful death case, a settlement offering.

(b) The trial attorneys shall attend the conference. If this is not possible, the attorney attending the conference shall have a thorough knowledge of the case and shall be prepared to have the authority to negotiate settlement. All parties, and when a party is insured, a representative of the insurance company who has authority to settle a case, shall attend the conference. The court may excuse the attendance of a party or insurance company representative for good cause, such as excessive distance, if the person excused agrees to be immediately available by telephone at all times during the conference.

(c) Each attorney shall have read, considered, and be ready to respond to the Settlement Conference Checklist, set forth in Rule 3-104, Section 5, immediately following.

Section 5: Settlement Conference Checklist

(a) Upon notification of a settlement conference date, recheck:

1. California Rules of Court

Rule 3.1380 - Mandatory Settlement Conferences

Rule 3.1385 - Duty to Notify Court of Disposition

2. San Joaquin Unified Court Local Rules, Rule 3-104.

(b) Review and evaluate liability (what a jury is likely to do).

1. Consider and itemize strong liability points.

2. Consider and itemize weak liability points.

3. Consider facts which depend on conflicting testimony.

4. Consider facts which depend on testimony of witnesses weak on credibility.

5. Are there factual contentions on your side which will be difficult to prove?

   36

Superior Court of California for the County of San Joaquin

6. Are there factual contentions of your opponent which will be difficult to
prove?

7. Have you discussed your factual contentions with opposing counsel and
considered his/hers?

8. Consider law applicable to liability.

a. Is there a dispute as to law re liability?

b. Have you discussed your legal contentions with opposing counsel
and considered his/hers?

9. Take into consideration liability factors for the type of case.

10. Rate liability on a scale of 0% liability to 100%.

(c) Review and evaluate damages (what a jury is likely to do.)

1. Have current medical reports on all claims of injury and all medical
reports prepared by any doctor.

2. Itemize special damages and total. Attach copies of each bill or
originals. If there are liens, counsel should include all available
information pertinent thereto.

3. Itemize possible future special damages and total. Attach report and
other data showing basis of claim of future special damages as to dollar
amount.

4. Supply opposing counsel with copies of all medical reports and your
itemization of special damages to date and future special damages at
least ten (10) days before settlement conference.

5. Itemization of claimed injuries and evaluation of extent of each injury:

a. Temporary or permanent

b. Disabling or non-disabling

c. Disfiguring or not

6. Consideration of whether future medical care of time will improve
physical condition.

7. Your range of estimation of verdict range assuming liability.

8. Your reduction of verdict range for:

a. Comparative negligence

37

Superior Court of California for the County of San Joaquin

b. Problems of proof of injuries claimed

c. Reduction for your liability rating

9. Consider verdict range for the injuries in this case.

10. Give opposing counsel, in writing, your settlement figure at least ten (10)
days before settlement conference.

11. Have you discussed your settlement figure with opposing counsel and
considered his/hers?

12. Have you discussed your settlement figure with your client within one (1)
week of the settlement conference?

(d) Counsel should be prepared to respond to questions by the court as to
matters referred to in this Settlement Conference Check sheet. (Eff.
07/01/17)

3-105. PROPOSED FINDING, ORDER, JUDGMENT OR DECREE (Eff. 01/01/14)

Unless otherwise ordered by the court, the preparation of the order of finding, order, judgment or decree shall be in accordance with Rule 3.1312 of the California Rules of Court. (Eff. 01/01/14)

3-106. EX PARTE APPLICATIONS AND ORDERS (Eff. 01/01/18)

Except as provided in this rule and in Rule 3-1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.

Ex parte matters must be approved and scheduled by the Law and Motion Judge by his or her clerk prior to filing documents in the clerk’s office. The courtroom phone numbers are listed on the public website at www.sjcourts.org. The party shall file the moving papers and any applicable filing fee due no later than 24 hours prior to the requested hearing date and time. Proof of Service must be on file with the Superior Court Clerk’s Office prior to the scheduled hearing.

Every application for an order made ex parte shall be accompanied by a written declaration under oath, made by a person with knowledge of the facts, stating the facts for determining the amount of a bond and any facts supporting any requested waiver of a bond. The declaration shall state the maximum loss, including any attorney fees, which is likely to occur from the granting of the order. (Eff. 01/01/18)

38

Superior Court of California for the County of San Joaquin

3-107. PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM (Eff. 01/01/09)

In cases where a minor, or other person for whom a guardian ad litem will be necessary, is the plaintiff, the Petition to Appoint Guardian Ad Litem shall be filed simultaneously with the complaint and the summons to be issued. The summons shall not be issued until the Order Appointing Guardian Ad Litem has been signed. (Eff. 01/01/09)

3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS (Eff. 01/01/14)

A. Proceeding involving more than one parcel of property.

1. Pleadings- In proceedings involving more than one parcel of property,
the complaint shall set forth in addition to the matters required by Code
of Civil Procedure, section 1250.310, numbers or symbols identifying
each parcel of property. An answer, demurrer, disclaimer, written
appearance, or other pleading shall set forth, in the space below the
number of the case and in parentheses, the parcel numbers or symbols
that identify the property claimed by that defendant.

2. Waiver of Requirements - The court may, for good cause shown, order
any paper to be filed without a parcel number or symbol.

B. Application for final order of condemnation.

An application for final order of condemnation shall be made upon notice to all
parties appearing in the action who have not been previously dismissed
therefrom, or upon the stipulation of such parties, and it shall include, in
addition to the requirements of Code of Civil Procedure section 1268.030, a
copy of the final judgment and an acknowledgment of receipt by the affected
defendant(s) of the amount specified in the final judgment, or other evidence
satisfactory to the court that the judgment has been satisfied. (Eff. 01/01/14)

3-109. DEATH OF A PARTY (Eff. 07/01/98)

When a party to an action dies, the attorney for that party shall forthwith serve and file a notice of death and pendency of probate proceeding, if any. (Eff. 07/01/98)

3-110. CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED PERSON (Eff. 01/01/09)

Where there is a judgment or settlement of claim, including a covenant not to sue, relating to a minor or a person with disability, as defined by Probate Code section 3603, the procedures set forth in these rules in Part Eight of the Probate Rules, commencing with 4-801, apply. (Eff. 01/01/09)

39

Superior Court of California for the County of San Joaquin

3-111. ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES (Eff. 07/01/20)

The following attorney fees shall, under normal circumstances, be awarded in
actions on promissory notes, contracts providing for the payment of attorney's fees,
and foreclosures:

A. Default Action on Note or Contract- Exclusive of costs:

25% of first $1,000 with minimum fee of $150

20% of next $4,000

15% of next $5,000

10% of next $10,000

5% of next $30,000

2% of the amount over $50,000

In an action upon contract providing for an attorney fee, the Clerk shall include
in the judgment an attorney fee in accordance with this schedule.

B. Contract Based Upon a Book Account

Reasonable attorney fees awarded pursuant to Civil Code section 1717.5 to
the prevailing party bringing the action on the book account shall not exceed
the lesser of: 1) NINE HUNDRED SIXTY DOLLARS ($960) for book
accounts based upon an obligation owing by a natural personal for goods,
moneys, or services which were primarily for personal, family or household
purposes; and ONE THOUSAND TWO HUNDRED DOLLARS ($1200) for all
other book accounts to which Civil Code section 1717.5 applies, or 2) 25% of
the principal obligation owing under the contract.

Whenever the obligation sued upon provides for the recovery of reasonable
attorney fees, the fees may be set according to the schedules above in default
judgment cases and may be looked to as a guide to reasonable attorney fees
in contested matters. In any case where the attorney feels he or she is
entitled to fees in excess of the schedule, he or she may apply to the court
and the fees shall be fixed in accordance with the proof.

C. Contested Action on Note or Contract

The same amount as computed under subdivision A., increased by such
reasonable compensation computed on an hourly or per-day basis for any

40

Superior Court of California for the County of San Joaquin

additional research, general preparation, trial, or other services as may be
allowed by the court.

D. Foreclosure of Mortgage or Trust Deed

The same amount is computed under subdivision A. or B. increased by 10
percent.

E. Foreclosure of Assessment or Bond Lien Relating to a Public Improvement

The same amount as computed under subdivision A. or B. except that the
minimum fee shall be $75.00 in an action involving one assessment or bond,
and an additional $40.00 for each additional assessment or bond being
foreclosed in the same action.

F. Attorney fees in Unlawful Detainer cases

In any unlawful detainer action involving residential premises, except for
property governed by Civil Code section 798 through 798.88 (regarding Mobile
Home Residency Law), where judgment is obtained following entry of default
and no hearing has been calendared, the clerk may enter attorney’s fees not
to exceed three hundred dollars ($300.00). (Eff. 07/01/20)

3-112. ORDERS SHORTENING TIME (Eff. 01/01/02)

The court will not shorten time for service of orders to show cause and notices of motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte hearing or by stipulation. (Eff. 01/01/02)

3-113. CIVIL LAW AND MOTION Eff. 01/01/20)

A. Except where there is an order setting the date, the moving party may
schedule the Law and Motion hearing in the Superior Court Clerk’s office
when the moving papers are filed (subject to mandatory time provisions of
statutes and Rules of Court). Motions are heard Tuesdays through Fridays at
9:00 a.m. When submitting the moving papers for filing, please have at least
three (3) dates (within the proper time provisions) for the clerk to check for
availability. Proof of service must be on file with the Superior Court Clerk’s
office prior to the scheduled hearing.

(STOCKTON COURTHOUSE ONLY)

B. Matters not requiring more than fifteen (15) minutes may be set for the 9:00
a.m. calendar on Tuesdays through Fridays. Special settings may be made
by the courtroom clerk with prior approval.

C. Other than in contempt matters or where allowed by statute, evidence shall be
presented by matters of which the court may or must take judicial notice,

41

Superior Court of California for the County of San Joaquin

affidavits, and declarations, unless prior arrangements are made with the court
for the taking of oral testimony.

(STOCKTON COURTHOUSE ONLY)

D. Judges assigned to civil law and motion matters will prepare a tentative ruling
for each matter on calendar and a ruling will be available to counsel and
litigants on the first court day before the scheduled hearing. If the tentative
ruling is satisfactory to counsel, he or she need not appear and the tentative
ruling will become final. If counsel or self-represented litigants (SRL) wish to
appear, he or she may do so only after appropriately notifying the court and
other counsel or SRL of that intent.

The tentative ruling shall become the ruling of the court unless there is
opposition by counsel or SRL. Counsel or self-represented litigants is
responsible for reviewing the tentative ruling and notifying the superior court,
by calling (209) 992-5714, and all other counsel and self-represented litigants
no later than 4:00 p.m. on the day preceding the scheduled hearing of his or
her intent to appear to argue.

The tentative rulings will be posted to the court’s website: www.sjcourts.org.
Counsel or self-represented litigants may access the court’s website beginning
at 1:30 p.m. on the court day immediately preceding the date for which a
matter is calendared.

Matters may be continued by filing a stipulation up to five court days before
the hearing date. To prevent the judges from unnecessarily preparing matters
to be continued, court approval will be required before a continuance will be
allowed when the request for continuance is made within five court days of the
scheduled hearing.

(LODI BRANCH ONLY)

E. The same will apply as listed in Rule 3-113 (D) for the Stockton Courthouse
with the exception that the Lodi Branch Civil phone number for calling in by
4:00 p.m. on the day preceding the scheduled hearing of his or her intent to
appear to argue is (209) 992-5522. (Subd (E) amended January 1, 2018);
previously amended (deleted) effective July 1, 2015. (Eff. 01/01/20) (Subd (F)
amended (deleted) effective July 1, 2015.

3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS (Eff. 01/01/18)

A. Chambers conferences and hearings regarding ex-parte matters should be
scheduled only with the approval of the Law and Motion Judge or his or her
clerk. The courtroom phone numbers are listed on the public website at
www.sjcourts.org. (See Rule No. 3-106.)

42

Superior Court of California for the County of San Joaquin

B. When ex-parte relief, other than that involving attachments, is sought,
opposing counsel (or if unknown, opposing parties) should be given
reasonable notice, orally or in writing, of the time and place that such
application will be made, unless there is good cause for proceeding without
notice, so that an informal hearing or conference may take place. Applicant's
counsel should be prepared to explain to the court the efforts which have
been made to give this informal notice, or the reasons supporting a claim that
notice should not be required.

C. Orders staying a Department of Motor Vehicles suspension or revocation will
not be considered unless the petitioner’s driving record is made available to
the court.

D. Declarations should be submitted setting forth facts bearing on the amount of
probable damage, upon which the court may determine the amount of
probable damage, and in turn, the amount of bond, in any case where a bond
may be considered or required. (Eff. 01/01/18)

3-115. Title [Repealed] (Eff. 07/0/15)

(Rule 3-115 repealed 07/01/15); previously amended effective January 1, 2014.

3-116. JURY FEES AND EXPENSES (Eff. 01/01/14)

A. Jury fee deposits are non-transferrable. See Code of Civil Procedure section
631 for the rules governing jury fee deposits.

B. Reimbursement for voir dire jurors - The party who has demanded a jury in a
civil case shall reimburse the county for the fees and mileage incurred for
jurors. No fees or mileage reimbursement will be required for jurors on the
first day of jury service, except for those who are sworn to hear the trial.
Reimbursement will be made for all jurors serving more than one day. (Eff.
01/01/14)

3-117. “COURTESY COPIES” OF BRIEFS AND PAPERS (Eff. 01/01/21)

All briefs and papers filed in support of any motion or application, whether made on notice or ex parte, must be filed with the Clerk of the Court.

Courtesy copies are required for all substantive motions, all trial documents, and additionally on a case-by-case basis per the assigned judge’s request. Such courtesy copies shall be stamped with “Courtesy Copy” and shall be delivered directly to the Courtesy Copy Drop Box on the 10th floor or 11th floor. If the box is unavailable, please follow the instructions on the notice posted on the box. (Rev. 1/1/2022)

43

Superior Court of California for the County of San Joaquin

3-118. “RESERVED FOR FUTURE USE” (Eff. 07/01/05)

3-119. “RESERVED FOR FUTURE USE” (Eff. 07/01/05)

3-120. SUBSTITUTE SERVICE (Eff. 07/01/05)

If service is at a party's residence, one attempt of serve must be at a time other than

usual business hours, i.e., other than between 9:00 a.m. and 5:00 p.m. The substituted service could then be executed on a new calendar day following the second attempted personal service (Eff. 07/01/05).

3-121. ALTERNATIVE DISPUTE RESOLUTION (Eff. 07/01/17)

San Joaquin Superior Court strongly supports the use of Alternative Dispute
Resolution in civil cases. Many cases can be resolved to the satisfaction of all
parties without the necessity of engaging in litigation, which can be costly, time
consuming, and stressful. The court encourages litigants to utilize some form of
ADR as an alternative to litigation in addition to the mandatory settlement conference
set in each case.

A. ADR Options

Litigants may choose one or more methods of ADR, including but not limited
to the following:

Mediation

a. Court Mediation Program or Private (CCP §§1775-1175.15; CRC 3.890-
3.898)

b. Non-binding Judicial Arbitration (CCP §§1141.10-1141.31; CRC 3.810-
3.830)

c. Binding Arbitration (CCP §§1280-1294.2; CRC 3.1330)

d. Neutral Evaluation

e. Trial by Reference (CCP §§638-645.2)

f. Expedited Jury Trial (CCP §§630.01-630.12); concerning EJT’s, please
see Rule 3-127, below, for additional information.

B. ADR Information

Attorneys shall provide their clients with a copy of San Joaquin Superior
Court ADR Information packet at the earliest available opportunity and prior
to the initial Case Management Conference. Self-represented litigants and all
litigants need to review and consider the available ADR choices. Plaintiffs
and cross-complainants shall serve a copy of San Joaquin Superior Court

44

Superior Court of California for the County of San Joaquin

ADR Information packet on each defendant or cross-defendant at the time
the complaint or cross-complaint is served as required by California Rule of
Court 3.221.

C. ADR Participation

Participation in any ADR program offered by the Court or as agreed upon by
the parties is strongly encouraged. Parties may request ADR by selecting an
ADR option on the Case Management Conference Statement (Judicial
Council Form CM-110) and/or completing a Stipulation and Order to
Participate in Alternative Dispute Resolution (Sup. Ct. Form 441).

D. ADR Assessment at Case Management Conferences

Parties are to assess and consider an ADR option prior to and at Case
Management Conferences. Case Management Conferences will assist the
parties to select the most effective and appropriate ADR method to resolve
the case. At the discretion of the court, an appropriate amount of time will be
permitted for ADR to be completed prior to the date set for a Further Case
Management or Trial Setting Conference.

E. ADR Neutral Panels

The Court maintains current lists of arbitrator and mediator panels to assist
parties and their counsel in selecting a neutral provider to preside over ADR
proceedings. Eligibility criteria for appointment to the court’s arbitration or
mediation panels are set forth in CRC 10.781, CRC 3.810, et seq., and such
other criteria as may be established by the court. The Court’s panel of
available neutrals can be assessed through the court’s website at
www.sjcourts.org under civil mediation.

F. Notice of Settlement

If a case that has been set for judicial arbitration or court mediation settles,
plaintiff must immediately serve a copy of written Notice of Settlement or
other disposition on the ADR neutral provider appointed in the case and file
the Notice of Settlement with the court. (Eff. 07/01/17)

3-122. JUDICIAL ARBITRATION (Local Rule 3-121, revised) (Eff. 01/01/14)

A. Judicial Arbitration

Any civil case shall be submitted to judicial arbitration pursuant to this rule
upon order of the court, stipulation of counsel or plaintiff’s election, where, in
the opinion of the court, the amount in controversy does not exceed twenty-
five thousand dollars ($25,000) for each plaintiff in limited civil case or fifty
thousand dollars ($50,000) for each plaintiff in an unlimited civil case. The

45

Superior Court of California for the County of San Joaquin

parties may stipulate or plaintiff may elect judicial arbitration where the
amount in controversy exceeds fifty thousand dollars ($50,000) for each
plaintiff in an unlimited civil case. The Judicial Arbitration program is
administered by the court under the provisions of Code of Civil Procedure
§§1140.10 through 1141.31 and California Rules of Court 3.810-3.830.

The provisions of this rule shall not apply to cases exempt from arbitration
pursuant to CRC 3.811(b) and based upon the discretion of the court.

A case may be ordered to arbitration at a Case Management Conference
from information submitted on the Case Management Conference
questionnaire. Long cause cases not ordered to judicial arbitration at Case
Management Conferences shall be set for trial. If a referral to the Case
Management Conference is desired prior to the first management
conference, the party may so request in the Case Management Conference
Statement and the case may be ordered to judicial arbitration from the
information submitted thereon.

B. Continuance of Matters Ordered to Arbitration (Local Rule 3-122, revised)

The continuance of arbitration hearings once scheduled is disfavored.
Keeping within the provisions of CRC 3.818(c), the parties may stipulate with
the consent of the arbitrator or the arbitrator may grant a continuance based
on good cause and not to exceed ninety (90) days from the date of
assignment to the arbitrator. A further continuance, however, cannot be
granted except by motion to the court, with good cause shown.

C. Setting Trial After Request for Trial de Novo (Local Rule 3-123, revised)

When a request for a trial de novo has been timely filed, the court will
promptly schedule a Case Management Conference to set the case for trial.

D. Payment of Arbitrators (Local Rule 3-124, revised)

The arbitrator’s award or a Notice of Settlement must be timely filed with the
Arbitration Administrator before a fee may be paid. The arbitrator shall
receive the sum of $150 for each case as a fee for services. If the arbitration
hearing extends beyond one day, the arbitrator is entitled to $150 per day for
each additional day or portion thereof. At the court’s discretion, payment of
fees for all arbitrators may be suspended and arbitrators may volunteer their
time and effort. (Eff. 01/01/14)

3-123. CIVIL MEDIATION PROGRAM (Local Rule 3-125, renumbered) (Eff. 07/01/17)

A. Civil Mediation Program

The Civil Mediation Program is a court-connected program designed to deliver high-quality affordable mediation services to attorneys and litigants in

46

Superior Court of California for the County of San Joaquin

general civil cases. Mediation gives litigants a voice in settlement decisions and thereby allows them to play a more direct role in managing the outcomes of their own cases. The Superior Court of California, for the County of San Joaquin, is pleased to offer this important and valuable option for resolution of litigation.

B. Eligibility

All types of general civil cases are eligible to participate in the Civil Mediation Program. Please see California Rules of Court, Rule 1.6(4) for the definition of “general civil cases”.

C. Stipulation to Mediation

1. Parties at any time may stipulate to participate in mediation. All parties
stipulating to mediation must complete a Stipulation and Order to
Participate in ADR form and file it at the Clerk’s Office. An original and
a copy for the court’s use shall be submitted to the Clerk’s Office. The
form can be downloaded at www.sjcourts.org under “Civil Mediation”.

There is no filing fee for the filing of the Stipulation. An incomplete
Stipulation will be returned to the parties by the Clerk’s Office. All
Stipulations must include the following:

a. Original signatures for one attorney for each party or by the self-
represented litigant;

b. The Name of the mediator;

c. Date of the mediation session; and

d. Service list (counsel need not serve the Stipulation on parties.

Parties are to mutually agree on a mediator and schedule the
mediation session directly with the mediator.

2. Filing the Stipulation Prior to an Initial Case Management Conference

To stipulate to mediation prior to the initial Case Management
Conference, parties must file a completed stipulation at least ten (10)
days before the scheduled Case Management Conference. The clerk
will send notice of a new Case Management Conference date
approximately one hundred and twenty (120) days from the current
date to allow time for the mediation process to be completed.

3. Filing the Stipulation Following a Case Management Conference

47

Superior Court of California for the County of San Joaquin

When parties come to an agreement at a Case Management Conference to utilize mediation, the parties have 21 days from the date of the Case Management Conference to file a Stipulation and Order to ADR with the court. If the Stipulation and Order to ADR is not filed with the court within the time allowed, the clerk will send out an Order to Show Cause to have the parties appear in court and explain why the Stipulation and Order to ADR has not been filed.

D. Selection of Mediator

Parties are to choose a mediator who is mutually agreeable based on the mediator’s experience, market rate, and other information listed on the Mediator Panel List. Parties are not, however, limited to choosing a mediator from the court’s panel and may select a mediator based on their own research.

E. Mediator Qualifications

1. Court panel mediators appointed to the Court Panel must meet specific
requirements related to basic training and experience. The following
are the requirements needed to qualify to become a Court Panel
mediator:

a. Track A: An attorney in good standing with the California Bar
Association AND have completed Pepperdine University School
of Law’s Straus Institute for Dispute Resolution 42-hour training
program organized through San Joaquin Superior Court.

b. Track B: An attorney in good standing with the California Bar
Association AND have completed at least five (5) days (40 hours)
of continuous, participatory education or training, including role
playing in mediation AND have participated as a mediator or co-
mediator in at least five (5) mediations.

c. Track C: An attorney in good standing with the California Bar
Association AND have completed at least two (2) days (16 hours)
of continuous participatory education or training, including role
playing in mediation AND have participated as a mediator or co-
mediator in at least fifteen (15) mediations.

d. Track D: Provide other satisfactory evidence of mediation skills
and experience.

2. All mediators must:

a. Comply with California Rules of Court §§3.850-3.860 and 10.780-
10.782;

48

Superior Court of California for the County of San Joaquin

b. Agree to conform to the Court’s Ethical Standards of Professional
Conduct (California Code of Judicial Ethics); and

c. Comply with the court’s rules and procedures for the Civil
Mediation Program.

F. Mediation Fees

The Civil Mediation Program is a party-pay fee for service system. Parties pay the market rate set by their selected mediator. Mediators serving on the court’s panel have their rates published on the Panel List.

G. Confidentiality

Except as provided below, court-connected mediation shall be confidential
and subject to the mediation privilege set forth in Evidence Code sections
703.5 and 1115-1128. Except as provided below, no communications made
in connection with mediation, including the evaluation, may be disclosed to
the assigned judge or to anyone else not involved in the mediation, unless
otherwise agreed to by all parties.

This rule does not prohibit:

1. Disclosures as may be stipulated by all parties and the mediator;

2. a report to or inquiry by the ADR Administrator concerning a complaint
against a mediator;

3. any participant or the mediator from responding to an appropriate
request for information made by persons authorized by the ADR
Committee to monitor or evaluate the court’s ADR program; and

4. Disclosures as are otherwise required by law.

The mediator shall require the parties and all persons attending the
mediation session to sign a confidentiality agreement on a form
provided by the court.

H. Post-Mediation Evaluations and Forms

All Post-Mediation Evaluations will NOT be filed in the court’s file. The information collected will be used to assess the impact of the program on the court to track quality to provide feedback to mediators and to inform the court’s decisions regarding redesign of program procedures. This information will be aggregated for blind statistical reports to the Judicial Council, the court and the community. Additionally, information collected in the Evaluation will not be shared with the involved parties.

49

Superior Court of California for the County of San Joaquin

1. Mediators: All mediators shall complete and submit a Mediator Post-
Mediation Evaluation AND Statement of Agreement or Non-agreement
form (Judicial Council Form ADR 100) within ten (10) days of the
mediation sessions regardless of the outcome of the case mediated.
The Statement of Agreement or Non-agreement shall be filed in the
court’s file. This form must be used by mediators in court-connected
ADR programs.

2. Attorneys: All attorneys shall complete and submit an Attorney Post-
Mediation Evaluation within ten (10) days of the mediation session
regardless of the outcome of the case mediated.

3. Parties: All parties shall complete and submit a Client Post-Mediation
Evaluation within ten (10) days of the mediation session regardless of
the outcome of the case mediated.

I. Modification to the Program

The court may publicize additional procedural requirements and guidelines
for the San Joaquin Superior Court Civil Mediation Program, as it deems
necessary for the successful implementation of the program. Such further
rules and procedural requirements will be timely published by the court on the
court’s website: www.sjcourts.org and will be made available to attorneys at
the Clerk’s Office upon their publication. (Eff. 07/01/17)

3-124. BINDING ARBITRATION (Eff. 01/01/14)

Parties may voluntarily stipulate to binding arbitration or move to compel binding arbitration pursuant to an arbitration agreement. Binding arbitration proceedings are subject to the procedures set forth in Civil Procedure Code §§ 1280 to 1294.2 and Rule of Court 3.1330. (Eff. 01/01/14)

3-125. NEUTRAL EVALUATION (Eff. 01/01/14)

Parties may voluntarily agree to bring a legal action to a neutral provider for a case
assessment and evaluation. Neutral evaluators with specific expertise in the subject
matter of the case provide a non-binding opinion about the strength and weaknesses
of each party’s position, liability risk exposure, and a range of potential damages.
The opinions of the neutral evaluator may be utilized by the parties to discuss
settlement, participate in mediation, judicial arbitration, or binding arbitration, proceed
to litigate the case and set the case for trial.

A. Neutral Evaluator Panel

The court’s Mediator panel lists experienced attorneys in specific practice
areas, who have the training to serve as a neutral evaluator. Parties may

50

Superior Court of California for the County of San Joaquin

agree to utilize other attorneys, mediators, or retired judges who are not on
the court’s Mediator Panel to serve as a neutral evaluator.

B. Payment of Neutral Evaluator

The services of neutral evaluators are paid by the parties at the rate set by
the neutral evaluator. Neutral providers who are on the court’s Mediator
Panel have their rates published on the Panel List. (Eff. 01/01/14)

3-126. TRIAL BY REFERENCE (Eff. 01/01/14)

Parties may voluntarily agree and consent to utilize a referee, who is appointed by
the court, to conduct a trial on any or all of the issues in an action, including issues of
law and fact, and to render a Statement of Decision. Where the parties consent to a
general reference of the issues or entire action, the referee’s Statement of Decision
will stand as the court’s decision. The procedure to conduct a trial by reference is
set forth in Code of Civil Procedure §§ 638 to 645.2.

A. Trial Referee

The court’s Mediator Panel lists experienced attorneys in specific practice areas,
who may be willing to serve as a trial referee. Parties may agree to utilize other
attorneys, mediators, or retired judges who are not on the court’s Mediator
Panel to serve as a trial referee.

B. Payment of Trial Referee

The services of trial referees are paid by the parties at the rate set by the trial
referee. Neutral providers who are on the court’s Mediator Panel have their
rates published on the Panel List. (Eff. 01/01/14)

3-127. EXPEDITED JURY TRIAL (EJT) (Eff. 07/01/17)

It is the policy of the San Joaquin Superior Court to give preference to Expedited

Jury Trial matters.

The parties may agree and consent to an expedited jury trial to be held by the court. To do so, the parties will execute a stipulated consent order to conduct an expedited jury trial. The procedures for an expedited one-day jury trial are set forth in Code of Civil Procedure §§ 630.01 to 630.12 and Rules of Court 3.1545 to 3.1552. (Repealed 1-1-2016, unless extended.) Upon stipulation by the parties, the court will consider modifications to the stated procedure for an expedited trial.

If the parties stipulate to EJT, they will not be required to complete other ADR prior to

trial setting.

(Eff. 07/01/17)

51

Superior Court of California for the County of San Joaquin

3-128. SISTER STATE MONEY JUDGMENTS (Eff. 01/01/20)

Upon the filing of an Application for Entry of Judgment on a Sister-State Judgment pursuant to CCP 1710.15, the filing party shall also submit to the Clerk of the Court a “Clerk’s Judgment on Sister-State Judgment” form (San Joaquin Superior Court local form 87-adopted for optional use), or other Judgment consistent with CCP 1710.5. (Eff. 01/01/20)

52

Superior Court of California for the County of San Joaquin

RULE 4 PROBATE

PART ONE – GENERAL PROCEDURE GUIDE

4-101. ALL PETITIONS (Eff. 01/01/20)

INTRODUCTION

A. General. The Probate Rules for San Joaquin County Superior Court set forth
local policies and procedures of the probate department. These rules do not
attempt to restate or summarize statutory or case law or estate administration
in general. Guidance on probate law and practice may be found in
publications such as California Decedent Estate Practice, California Trust
Administration, and California Conservatorship Practice, which are published
by CEB, Continuing Education of the Bar - California.

Guidance on probate law and practice may be found in publications such as
California Decedent Estate Practice, California Trust Administration, and
California Conservatorship Practice, which are published by CEB Continuing
Education of the Bar - California.

These rules, although binding on parties, may be departed from in the
discretion of the Court.

B. Contact Information. Website: For current contact information, tentative
rulings, and the online probate calendars parties should refer to the court's
website at: www.sjcourts.org. (Click on the "Divisions" tab, then "Probate" in
the drop-down list, to Access the probate page). All local forms referred to in
this rule are available at and can be downloaded from the court website.
(Click on the "Forms and Filing" tab on the courts home page, then "Local
Forms" in the drop-down menu.)

The following may be helpful in matters presented to the Probate Court:

Clerk of the Probate Court: The physical address of the Probate Clerk is 180
E. Weber Avenue, Fourth Floor, Stockton, CA 95202. The mailing address is
Superior Court of California – San Joaquin, Probate Department, 180 E
Weber Avenue, Suite 416, Stockton, CA 95202.

C. Pleadings / Calendaring

1. Petitions with all supporting papers, excepting the Notice of Hearing
and or proof of service, must be on file four weeks before the hearing
date.

2. Notice of Hearing and or Proofs of Service for the initial petition shall be
filed with the Clerk at least ten (10) court days prior to the day of

53

Superior Court of California for the County of San Joaquin

hearing. Any other Proofs of Service shall be filed with the Clerk
contemporaneously with the papers to which they pertain.

3. Proofs of Publication shall be filed with the Clerk at least five (5) court
days prior to the day of hearing.

4. Matters involving the Public Defender, or the Public Conservator, must
be set for hearing Tuesdays or Thursdays only, unless a stipulation for
another day, signed by the Public Defender and or Public Conservator
is filed at the same time as the initial petition. (Eff. 01/01/20)

4-102. UNCONTESTED MATTERS (Eff. 01/01/20)

Evidence

At a hearing on a verified petition oral testimony will not be permitted. All evidence should be stated in the petition, or accompanying declaration. (Eff. 01/01/20)

4-103. CONTESTED MATTERS (Eff. 01/01/14)

If a contested matter can be submitted on the pleadings with argument, it will be

heard at the end of the probate appearance calendar. As time permits, brief offers of proof will be allowed.

Contested matters requiring two hours or less will be heard on a date certain in the Probate Department. Contested matters estimated to take more than two hours will be set in the Probate Department and heard as scheduling permits. Caveat: The court does not mail notices of continued hearings. (Eff. 01/01/14)

4-104. WHEN PERSONAL APPEARANCE REQUIRED (Eff. 01/01/20)

A. The petitioner and the petitioner’s attorney shall appear on all petitions for
appointment of a guardian or conservator.

B. The attorney for a conservatee, or ward, shall personally appear on petitions
which concern the conservatee, or ward, respectively.

C. The petitioner and or petitioner’s counsel shall appear for confirmation of sale
of real property.

D. Any matter which by law requires the personal appearance of any person or
any matter which the Court may in its discretion require an appearance. (Eff.
01/01/20)

4-105. CONSOLIDATION WITH THE LOWEST NUMBER (Eff. 01/01/11)

Whenever it appears that actions or petitions with different numbers have been filed with reference to the same decedent or the same ward or conservatee or the same

54

Superior Court of California for the County of San Joaquin

trust, the court will on its own motion consolidate all of the matters and assign the appropriate case number as the lead number. (Eff. 01/01/11)

4-106. EX PARTE APPLICATIONS (Eff. 01/01/20)

The following ex parte applications are exempt from the notice requirements of this
chapter:

1. Ex parte application for Withdrawal of Funds from Blocked Account;

2. Ex parte application for Appointment of Guardian Ad Litem;

3. Ex parte application to Increase Bond (Local Form);

4. Ex parte application to Petition for Final Discharge and Order;

5. Exceptions contained in CRC 3.1207.

A. The Probate Court will not entertain any ex parte petition that does not
comply with California Rules of Court 3.1200 through 3.1206, and is not
accompanied by a declaration that makes "an affirmative factual showing…
containing competent testimony based on personal knowledge of irreparable
harm, immediate danger, or any other statutory basis for granting relief ex
parte." California Rule of Court 3.1202(c).

B. For any Law and Motion ex parte matter, it must be approved and scheduled
by the Probate Judge through his or her clerk, prior to filing documents in the
clerk’s office. The courtroom phone numbers are listed on the public website
at www.sjcourts.org.

C. Any other ex parte matters not covered above, shall be submitted to the
probate clerk for review by the probate examiners. The court will either issue
an order or provide a hearing date within 72 court hours of the documents
being submitted.

D. If an ex parte petition for appointment of any conservator or a guardian is
reviewed and given a date, the court will require five (5) days’ notice has
been given (Probate Code sections 2250(e) and 2250.2 through 2250.6),
unless the petitioner has shown both irreparable harm or immediate danger,
and "good cause" for waiving the notice requirements.

E. Counsel requesting the waiver or shortening of any notice time periods
prescribed by the Probate Code must submit a Declaration of Due Diligence
to the Court citing the specific notice provision at issue, setting forth facts
relating to the efforts to give such notice, or facts supporting the conclusion
that it was impossible to give such notice; and explaining the "good cause" for
waiving or shortening the time.

55

Superior Court of California for the County of San Joaquin

F. A party seeking an ex parte order must submit the application and all
supporting papers and fees to the Clerk for filing no later than 24 hours prior
to the hearing. The Clerk may reject Petitions that do not comply with the
subsections above.

G. An ex parte order will not be granted unless accompanied by a verified
petition (or a sworn declaration where applicable) containing facts and law to
justify granting the requested relief.

H. Ex parte petitions filed in decedent's estates for the sale of stock or personal
property must allege whether the property is specifically bequeathed. If
bequeathed, the consent of the specific legatee to the sale must accompany
the petition. (Eff. 01/01/20)

4-107. ADDITIONAL INFORMATION REQUIRED (Eff. 07/01/21)

A. Where any petition calls for the relationship of the heirs or devisees, including
but not limited to a Petition for Probate, Petition to Determine Succession to
Real Property, An Affidavit re Real Property of Small Value or a petitioner
under Probate Code section 850, a chart or list of lineal descent must be
included. If any beneficiary named in the Will, Trust or other document has
predeceased the testator, the fact must be stated. The information shall be
provided using local form Lineal Chart A (SJPR-302), Lineal Chart B (SJPR-
303) and/or Lineal Chart C (SJPR-304).

B. Where any petition calls for family members, or heirs and his or her address
to be listed, the individuals name shall be listed and where an address would
be listed “Deceased” shall be listed. In addition, proof of death is required.
Proof of death can be established by, but is not limited to, a death certificate,
an obituary, or declaration. (Eff. 01/01/20; Rev. 07/01/21)

4-108. ORDERS – CONTENTS, ATTACHMENTS & SIGNATURE PAGE (Eff. 01/01/14)

A. All orders and judgments in probate matters must be completed so that their
general effect may be determined without reference to the petition on which
they are based. All matters actually passed on by the court, including the
relief granted, the names of persons and description of property (and if real
property involved, the legal description and/or APN thereof), amounts of
money affected, the terms of trusts, and the provisions of leases or other
agreements, must be set forth with the same particularity which is required in
judgments in civil matters.

B. Riders and exhibits should not be attached to an order or decree; except that
an exhibit setting forth legal descriptions, a statement of trust terms, and the
like may be attached if specifically incorporated in the body of the order or
decree.

56

Superior Court of California for the County of San Joaquin

C. The Judge’s signature shall appear at the end of the last attachment with an
appropriate indication of that fact on the last page of the body of the order or
decree. The Judge’s signature should not appear on a page that doesn’t
contain any other text. (Eff. 01/01/14)

4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING

A. In the following cases a copy of the petition as well as a copy of the Notice of
Hearing must be served on all interested parties:

1. Where the petition contains the accounting of a trustee, personal
representative, conservator or guardian, or

2. Where a fiduciary or attorney is requesting extraordinary fees or
commissions.

B. A courtesy copy of the petition which includes an accounting shall be
submitted to the Probate Clerk for the court examiner at the time the original
is filed or within 5 court days of filing, if electronically filed, marked in red in
the upper left-hand corner “Examiner’s Cop.” (Eff. 01/01/20; Rev. 07/01/21)

4-110. “RESERVED FOR FUTURE USE” [4-110 Repealed 01/01/20]

4-111. REQUESTING A CONTINUANCE (Eff. 01/01/20) A. Continuance of initial hearing

The first hearing on a matter may be continued to enable the petitioner to
correct defective pleadings or procedural issues identified in the probate
notes. The continuance can be made by the petitioner as listed below, or by
the Court on its own motion, even if no request for a continuance is made.

B. Continuance or dismissal after initial hearing

All requests by the petitioner to continue subsequent hearings after the initial
hearing must be done by a declaration or an appearance at the hearing, a
continuance of a subsequent hearing may not be secured by a request to the
clerk.

After the initial hearing, the Court may drop or dismiss the matter unless the
petitioner shows good cause for a further continuance, by a filed declaration
or an appearance at the hearing.

C. Contested hearings may be continued by Stipulation and Order

Before the Stipulation and Order is submitted to the court, Counsel or a self-
represented party must call the courtroom clerk to obtain a new date. The
Stipulation must be signed by all parties who have appeared in the matter.

57

Superior Court of California for the County of San Joaquin

This is for hearings only; any continuances of a trial must be done by a
motion and comply with California Rules of Court, Rule 3.1332.

D. Dropped or Dismissed Matters

Dropped matters must be re-noticed after it has been placed back on
calendar. A matter dismissed must be refiled and noticed anew.

E. Nothing in this rule shall excuse any party from complying with the notice
requirements of the Probate Code or the California Rules of Court. (Eff.
01/01/20; Rev. 07/01/21)

4-112. CAPTION ON PLEADINGS (Eff. 01/01/20)

The caption of each pleading shall include the date, time and the department of the hearing. (Eff. 01/01/20).

4-113. COURT CREATED TRUSTS (Eff. 01/01/19)

Where a trust is created in a conservatorship, guardianship, or Probate Code section 3100 petition, or by a decree of distribution in a decedent’s estate, all future proceedings relating to the trust must be filed as a new separate case. (Eff. 01/01/09)

4-114. PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY (Eff. 01/01/20)

A. Whenever a Petition is filed under the authority of Probate Code §850, et seq,
which seeks to establish the owner of an interest in property, the Petition
shall plead facts which establish, and list, the persons to be served pursuant
to Probate Code §851, including, but not limited, to the following persons:

1. Each person claiming an interest in or having title to, or possession of,
the property,

2. Each known intestate heir,

3. Each known devisee whose interest in the property would be affected.

B. The petition shall set forth the form of record title and character of ownership
at all relevant times.

C. If the form of record title is based on a written document, a copy of the
document shall be filed with the petition. (e.g. Copy of all relevant deeds,
copy of bank statement or stock certificate/statement, etc.) (Eff.01/01/20;
Rev. 7/1/2021)

58

Superior Court of California for the County of San Joaquin

4-115. COSTS GENERALLY NOT ALLOWED COUNSEL, ADMINISTRATOR OR TRUSTEE (Eff. 01/01/20)

Ordinarily the court will not allow reimbursement for costs of duplication of documents, telephone calls, postage, FAX (except court charges), parking fees or ordinary mileage incurred by the attorney, personal representative or trustee, as these are part of overhead, and should be absorbed in fees or commissions. (Eff. 01/01/20)

4-116. MEET AND CONFER REQUIREMENT (Eff. 01/01/20)

In the event of any contest or objection to any petition on the probate calendar, the parties or his or her respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference, before any hearing of the contested petition. (Eff. 01/01/20)

4-117. TELECONFERENCE NOTICE

When noticing any hearing, motion application or request in the probate department a copy of local form, Notice of Teleconference Appearance and Requirements (SJPR-001) must be attached to the Notice of Hearing or served separately and the proof of service completed.

4-118. NOTICE INFORMATION IN PLEADING

All probate petitions presented to the court on pleading, including but not limited to a petition for final distribution, petition for approval of an accounting, a petition under Probate Code section 850, must include the names, relationship and address for service for all parties entitled to notice.

PART TWO – DECEDENT ESTATES

4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIERIES (Eff. 01/01/08)

In addition to the Notice of Hearing required to be mailed by Probate Code Sections

8110-8113, notice shall also be mailed to all contingent devisees and beneficiaries named in the Will. (Eff. 01/01/08)

4-202. "RESERVED FOR FUTURE USE" [REPEALED 01/01/20

Where notice is required to be given pursuant to Probate Code section 1208(b), such as where a trust is a beneficiary of a decedent’s estate, the petitioner shall file separately from the petition as a confidential document a true and correct copy of the

59

Superior Court of California for the County of San Joaquin

trust, including any amendments, disclaimers, and any directions or instructions to

the trustee that affect the disposition of the trust.

The confidential document shall be filed using the court’s mandatory local form Confidential - Trust Documents Coversheet (PRSJ-301) as the cover page. The confidential document shall not be released to any party absent a prior order of the court.

[Eff. 07/01/2021; Former 4-202 Repealed 01/01/20]

4-203. NOTICE OF REFULSAL TO PROBATE REJECTED WILL OR CODICIL (Eff. 01/01/20)

A. A petitioner who files a petition for letters of administration, letters of
administration with will annexed, probate of will and for letters testamentary,
to determine succession to real property, or a spousal property petition must
comply with this rule if either of the following is true:

1. The petition requests a finding that the decedent died intestate when a
will and/or codicil has been lodged as an original with the court or a
copy of a will and/or codicil has been otherwise filed with the court.

2. The petition requests probate of or distribution under a will and/or
codicil, and a different will and/or codicil has been lodged as an original
with the court or a copy has otherwise been filed with the court.

B. The petitioner shall serve a copy of the rejected will and/or codicil attached to
Local Form Notice of Refusal to Petition for Probate of Will or Codicil on all
heirs of the decedent or potential beneficiaries under the document at least
15 days prior to the hearing on the petition.

C. This rule does not apply if any of the following is true:

1. The petition requests probate of or distribution under a will that purports
to have been executed after the date of rejected will and/or codicil and
that expressly revokes all prior wills.

4-204. COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A (Eff. 01/01/09)

An executor or administrator who has been appointed with full powers under the I.A.E.A. but who voluntarily petitions for court confirmation of the sale of real property must meet the requirements for sale by a representative without full authority. (Eff. 01/01/09)

60

Superior Court of California for the County of San Joaquin

4-205. CONTRACTS WITH BROKER OR AGENT (Eff. 01/01/20)

A. Any application for order approving an exclusive listing agreement with a real
estate broker or agent shall include a completed copy of the proposed written
listing as an attachment. Such application may be submitted ex parte as an
"Order on Matter Not Requiring Hearing" as described in San Joaquin County
Local Rule 4-106 E.
B. Upon the confirmation of the sale of real property, justification is required for
any commission in excess of six percent. (Eff. 01/01/20)

4-206. APPLICATION FOR FAMILY ALLOWANCE (Eff. 01/01/11)

The petition shall include:

1. The applicant’s income from sources outside estate;

2. An itemized list of the applicant’s assets, and a statement of the approximate
value of each;

3. A general statement of the assets and of the liabilities of the estate;

4. The date of the application;

5. The date of the decedent’s death; and

6. A general statement of other applications (if any) on file for allowances. (Eff.
01/01/11)

4-207. PETITION FOR PRELIMINARY DISTRIBUTION (Eff. 01/01/11)

A. The petition shall not be granted unless the inventory and appraisal has been
filed.

B. The petition for preliminary distribution must state:

The approximate value of the property remaining in the estate after the
proposed distribution, and an estimate of the total amount of unpaid taxes,
unpaid claims and other liabilities.

C. If waiver of bond for any distribution is sought, the petition shall include
allegations that:

1. Notice to any known and reasonably ascertainable creditors has been
given;

2. The estate is solvent; and

3. The good cause, if any, why bond should not be required, including
that time for filing or presenting claims against the estate has expired

61

Superior Court of California for the County of San Joaquin

and that all taxes and uncontested claims have been paid or are sufficiently secured. (Eff. 01/01/11)

4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION (Eff. 01/01/11)

A. The petition must contain the following allegations:

That the requested sums can be paid without detriment to the estate or to any
person interested in it or to any creditor thereof.

The percentage that the requested amount bears to the total statutory
compensation to which the petitioner or the attorney will be entitled on final
settlement of the estate, and that (1) the same percentage, or more, of the total
ordinary work required in the estate has been completed, and (2) payment of the
requested allowance would leave a reserve exceeding the ordinary work
remaining to be done.

B. If an allowance of statutory attorney fees is requested, the attorney shall sign a
declaration at the end of the petition attesting to the truth of the allegations and
serve notice of the request. (Eff. 01/01/11)

4-209. STATUS REPORTS (Eff. 01/01/20)

The status report required by Probate Code Section 12200 shall be made on local form “Report of Status of Administration.”(Eff. 01/01/20)

4-210. FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION (Eff. 01/01/08)

When all or any part of the estate is to be distributed to a trustee, and income accumulated during probate is to be paid by the trustee to the trust beneficiaries, the form of account shall properly allocate receipts and disbursements between principal and income.

When a specifically devised or bequeathed asset has earned income and/or incurred expenses during probate administration, the form of account shall segregate such income and/or expenses from the general income and expenses of the estate. This may be done by a schedule attached to the accounts and incorporated by reference.(Eff. 01/01/08)

4-211. "RESERVED FOR FUTURE USE" (4-2-11 Repealed 01/01/14)

4-212. FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT (Eff. 01/01/08)

A petition for partial allowance on statutory compensation, filed prior to the petition for final distribution must contain a recital of the work actually completed. Ordinarily

62

Superior Court of California for the County of San Joaquin

the last 30 percent of the statutory compensation will not be allowed prior to the approval of the final accounting. (Eff. 01/01/08)

4-213. EXTRAORDINARY ATTORNEY FEES (Eff. 01/01/20)

A. Petition and Prayer

Application for extraordinary compensation will not be considered unless both
the caption and the prayer of the Petition and the Notice of Hearing contains
a reference to such application.

B. Notice of Hearing

In every case, notice shall be sent to all persons entitled to a share in the
estate, except those whose shares will not be charged with the compensation
requested. Notice shall include a copy of the petition as set forth in Local
Rule 4-109. An appearance by the attorney will normally be required.

C. Declaration Regarding Fees

The requirements of California Rule of Court 7.702 shall be set out in a
declaration separate from the Petition. The Declaration shall outline all
services rendered, including both ordinary and extraordinary services that
were provided. Statutory time is reviewed and considered for the purposes of
awarding extraordinary fees only, not to reduce or alter statutory fees. The
Declaration must:

1. Set forth categories of services rendered, ordinary services can be
lumped together in a category labeled “Statutory;”

2. Set forth in each category the date and a description of the services
rendered;

3. Set forth in each category the hourly rate of each person who performed
the services and the hours spent by each of them; and

4. Comply with the requirements set forth in rule 7.703(e) of the California
Rules of Court if paralegals are used. (Eff. 01/01/20)

4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED (Eff. 01/01/11)

If both the representative and the attorney for the personal representative have a fee

sharing arrangement with respect to the estate or law practice, only the statutory commissions as representative will be allowed unless: the Will expressly provides otherwise, or, an order allowing statutory attorney fees has been granted by the court prior to the filing of the petition for final distribution. Such order will not be granted except in cases involving compelling circumstances.

63

Superior Court of California for the County of San Joaquin

The petition must be set for hearing. The petition must be set for hearing and fifteen (15) days’ notice thereof must be given to all persons. (Eff. 01/01/11)

4-215. REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/14)

In addition to other items required by law, a petition for final distribution shall contain
the following:

A. Facts specifically showing the entitlement of each heir to the portion of the
estate to be distributed to that heir, including any information concerning
predeceased children.

B. If there is insufficient cash available to pay the statutory commissions,
attorney fees, court costs, and any other items requested to be ordered by
the Court to be paid, the Petition must include a statement setting forth the
source of the funds for such payment.

C. A schedule showing the pro-ration of fees and costs.

D. The Federal Estate Tax has been paid, or, the Federal Estate Tax has not
been paid because the estate is too small to require payment of tax, or, the
Federal Estate Tax has been deferred by agreement with the taxing
agencies. If deferred, whether a lien has been imposed, and pertinent
information about the lien.

When proration is required by Probate Code Section 20111, the
accompanying account should include a schedule indicating the method by
which the proration has been computed.

E. One of the following allegations concerning creditor’s claims:

1. A notice to creditors was given, in the form prescribed by the Probate
Code, to all known and reasonably ascertained creditors of the estate; or

2. Notice to creditors was not required because of the provisions of Probate
Code Section 9054; or

3. No notice to creditors was given because there were no known or
ascertainable creditors.

F. A Proposed Distribution Schedule setting forth in detail the specific items
being distributed to each distributee. (Eff. 01/01/14)

64

Superior Court of California for the County of San Joaquin

4-216. MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/20)

The following allegations, if applicable, should be included in a petition for final
distribution:

A. Distribution to Minors

Where distribution is to be made to a minor a guardian of the estate is
ordinarily required and a current certified copy of the letters of guardianship
should be attached to the petition. Where distribution is proposed to be made
under Probate Code sections 3400 through 3402 or under section 3410, the
Petition for Distribution must meet the requirements of the statute.

B. Distribution to a Trust

If distribution is to be made to a trust, an acknowledged statement by the
trustee accepting the property under the terms of the trust must be filed with
the petition for distribution. Lacking this, a declination to act must be filed, in
which case it should be accompanied by a petition by the personal
representative for the appointment of a substitute trustee.

C. Distribution to an Assignee

If distribution is to be made pursuant to an assignment of interest, the
assignment must be filed and the details of the consideration, if any, set forth
in the petition. The assignment must be acknowledged before a notary
public.

D. Distribution Pursuant to Agreement

If the distribution is sought other than as provided by the will or by the laws of
intestate succession, that fact should be alleged, and a written agreement
must be filed signed by all distributees and acknowledged before a notary
public.

NOTE: If any such distributee is a minor, or conserved, the agreement must
be signed by that party’s appointed legal representative. Court approval of a
fiduciary’s agreement must be provided with the distribution petition or a
petition for approval of the agreement may be noticed for hearing together
with the petition for distribution.

E. A Statement of the Status of Assets

The petition must contain a statement of the community or separate status of
all assets to be distributed.

F. Reimbursement for Costs Advanced

65

Superior Court of California for the County of San Joaquin

If counsel or the personal representative is seeking reimbursement for costs

in excess of $1,500.00, an itemization of those costs must be set forth. (Eff. 01/01/20)

4-217. REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION (Eff. 01/01/11)

A. Distribution to a Minor or Conserved Person

A decree ordering distribution to minor or conservatee shall provide that the
property be distributed to the fiduciary or other person approved by the Court
on behalf of the distributee and identify under what authority. The fiduciary or
other person shall sign the distributee’s receipt and identify under what
authority the fiduciary or other person acts.

B. Distribution to Testamentary Trustee

The terms of the trust and the powers of the trustee must be set out in full in
the decree of distribution, and not merely incorporated by reference. When
appropriate, the language of the will should be paraphrased in the decree to
eliminate references to “my” and to substitute “the decedent’s”. (Eff.
01/01/11)

4-218. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Eff. 01/01/13)

When presenting a Motion to Withdraw as Attorney of Record, Notice shall be provided to all beneficiaries as required by Probate Code §1220 in a Decedent’s Estate where the withdrawal is being requested due to the fiduciary’s failure to cooperate. (Eff. 01/01/13)

PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS

4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME (Eff. 01/01/20)

If a Will contains a period of survival as a condition precedent to the spouse’s or

beneficiary’s right to receive assets, the petition cannot be heard until the survival period has expired. (Eff. 01/01/20; Rev. 7/1/2021)

4-302. WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT (Eff. 01/01/09)

In a petition for order confirming the passage of property to the surviving spouse without administration (Probate Code Sections 13650, et seq.), unless specifically devised, the ultimate facts which establish the community character of the property must be stated, including:

66

Superior Court of California for the County of San Joaquin

The date the asset was acquired and the date of the marriage.

The manner in which the asset was acquired, e.g., purchase, exchange, gift, or inheritance, and, if acquired by purchase or exchange, how the source of the consideration was community property, or, if acquired by gift or inheritance, how the asset is now community property, e.g., gift or bequest to both spouses, transmutation agreement, etc. (Eff. 01/01/09)

4-303. SMALL ESTATE WITHOUT ADMINISTRATION DEPOSIT OF WILL (Eff. 07/01/21)

A. If a Petition to Determine Succession to Real Property (Probate Code 13150
et seq) or Spousal Property Petition (Probate Code 13500 et seq) or Affidavit
for Real Property of Small Value (Probate Code 13200) is based upon the
decedent’s Will or codicil, the Will or codicil shall be deposited with the court
prior to or concurrent with the filing of the petition.

B. An original Will shall be deposited with the court pursuant to Probate Code
section 8200.

C. If the original Will has been deposited with a foreign jurisdiction, a duly
authenticated copy of the Will shall be filed as an attachment to the petition.

D. If the original Will is lost, a copy of the lost Will or document setting forth the
terms of the lost Will shall be filed as an attachment to the petition. The
attachment shall clearly indicate that the original Will is lost, and shall be
accompanied by a declaration addressing the presumption of revocation
under Probate Code section 6124. (Eff. 07/01/2021)

4-304. AFFIDAVITS FOR REAL PROPERTY SMALL VALUE (Eff 07/01/21)

When an Affidavit for Real Property of Small Value is filed pursuant to Probate Code
section 13200, one of the following must be attached to the affidavit:

A. If the decedent died testate, a statement using mandatory local form
Declaration in Support of Affidavit re Real Property of Small Value (SJPR-
305) identifying that the decedent died testate and an executed copy of the
Will; or

B. If the decedent died intestate, a statement using mandatory local form
Declaration in Support of Affidavit re Real Property of Small Value (SJPR-
305) identifying the relationship of the heir(s) which establishes the affiant’s
claim to entitlement. (Eff. 07/01/2021)

67

Superior Court of California for the County of San Joaquin

PART FOUR – TRUSTS

4-401. FEES Eff. 01/01/20)

A. This rule applies to all trusts subject to the continuing jurisdiction of the court,
to any petition for approval of trustee compensation, and to any objection to
petitions for trustee compensation.

If the court has jurisdiction of the trust, no trustee or attorney fees shall be
paid until there has been an order of court fixing the same or unless the fees
qualify as “Advance Payments” as outlined in these Rules.

B. If the petition for trustee’s or attorney’s fees is part of a petition seeking other
relief, the title of the petition in the caption shall include a reference to the
request for fees, and shall be included in the notice of hearing.

C. Trustee’s Fees: In the absence of a formula in the trust for fees, Trustee
compensation shall be presumed reasonable if it does not exceed 1% (one
percent) per year of the asset value of the estate on the date of the close of
the account for a professional trustee or three-fourths of one percent per year
for a non-professional. However, nothing in this rule limits the court's
discretion to find as unreasonable a fee totaling less than or more than the
percentages listed above. If the account period contains more or fewer than
twelve months, the normal fee will be proportionately increased or decreased.

A trustee who seeks greater compensation than the presumed reasonable
fee set out in the paragraph immediately above, must detail in a separate
declaration facts that would justify the request pursuant to section 4-401F
below.

D. A professional trustee shall include a licensed Private Professional Fiduciary,
bank, entity authorized to transact business as a trust company or any public
officer or agency of the State of California or any county within California.

E. Attorney’s fees: In the absence of a formula in the trust for fees of the
attorney, compensation shall be presumed reasonable if one-third of the
professional trustee’s normal fee, as computed in Section C, for a twelve-
month period, or $1,000.00, whichever is greater. If there is a non-
professional trustee, the attorney fee is presumed reasonable if equal to one-
half of the trustee’s normal fee, as computed in Section C, for a twelve-month
period, or $1,000.00, whichever is greater.

F. An attorney or trustee who seeks greater compensation than the presumed
reasonable fees listed in Section C and or E above shall provide a detailed
declaration; separate from the petition outlining the requested the fees. The
petition shall provide the information required in California Rules of Court
7.776 and provide information similar to CRC 7.702(1)-(6), including if more

68

Superior Court of California for the County of San Joaquin

than one category of services was rendered, the services must be separately stated and the date and description of services rendered and the hourly rate of each person who performed the services and the hours spent by each of them. (Eff. 01/01/20; Rev 07/01/2021)

4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE (Eff. 01/01/09)

A report shall contain:

A. A concise reference to the purposes of the trust and how they have been
satisfied by the trustee during the period of the account;

B. The names and addresses of the beneficiaries (both present and future
interests);

C. A brief summary of distribution made to or for the benefit of the beneficiaries,
and, in the case of a special needs trust, a brief summary establishing that
the distributions do not disqualify the beneficiary from public benefits.

D. The investment objectives and results with reference to the purposes of the
trust, when appropriate. (Required for a special needs trust)

E. A statement of the percentage rate of return on all property invested. The
purpose of the report is to provide a brief summary of the account measured
in terms of the specific trust objectives and requirements. It should not
merely recite what has been done, but should relate the activities reflected in
the account to the purposes and persons for which the trust was created,
when appropriate. (Required for a special needs trust)

F. In the case of a trust expected to last over a beneficiary’s lifetime, a
statement with sufficient detail establishing that at the current rate of return
and the current rate of distribution the trust corpus will be preserved for the
anticipated lifetime of the beneficiary. (Requested for a special needs trust)
(Eff. 01/01/09, Rev. 07/01/2021)

4-403. "RESERVED FOR FUTURE USE" [Repealed 01/01/13]

PART FIVE – CONSERVATORSHIP

4-501. APPOINTMENT OF COURT INVESTIGATOR (Eff. 01/01/20)

A. The San Joaquin Superior Court Investigator of the Superior Court for the
County of San Joaquin is hereby appointed to investigate all petitions for
appointment of temporary or general conservator, grant of extraordinary
powers, sale of personal residence, exercise of substituted judgment, annual
conservatorship accounts and petitions regarding proceedings for particular

69

Superior Court of California for the County of San Joaquin

transactions. In these matters no petition for appointment is necessary. To
avoid such automatic appointment, a petition to waive appointment must be
filed concurrently with the underlying petition.

B. A courtesy copy of a petition which requires a report from the probate
investigator shall be submitted to the Probate Clerk for the court investigator
at the time the original is filed, or within 5 court days of filing if electronically
filed, marked in red in the upper left-hand corner "Investigator's Copy". (Eff.
01/01/20; Rev. 07/01/2021)

4-502. "RESERVED FOR FUTURE USE" [Eff. 07/01/2021; Former 4-502 Repealed 01/01/20]

A. A Confidential Conservatorship Questionnaire (SJPR-207) shall be completed,
signed under penalty of perjury, and submitted with all petitions for
conservatorship. Each proposed conservator shall sign the Conservatorship
Questionnaire. The Conservatorship Questionnaire is used by the court and/or
by the San Joaquin Court Investigator to prepare reports under Probate Code
2253 or as ordered by the court. The Questionnaire and the information
contained on the Questionnaire are confidential. The Conservatorship
Questionnaire shall not be released to any party or their attorney absent a
court order. The clerk must maintain the Conservatorship Questionnaire in a
manner that will protect and preserve the proposed conservator’s
confidentiality.

B. This rule shall apply to conservatorship cases only and not to guardianship
cases. (Eff. 07/01/2021)

[Eff. 07/01/2021; Former 4-502 Repealed 01/01/20]

4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING (Eff. 01/01/20)

A petition for appointment of temporary conservator, made ex parte in advance of the regularly noticed hearing, must be delivered to the Court Investigator at least five calendar days in advance of the ex parte hearing. (Eff. 01/01/20)

4-504. "RESERVED FOR FUTURE USE" [Repealed 01/01/20]

A. At least 30 days before a review hearing, the conservator of the person only
shall complete and return the Conservatee Status Report-Person Only (SJPR-
106) or the conservator of the person and Estate or estate only shall complete
and return the Conservatee Status Report-Person & Estate (SJPR-107).

B. This rule shall apply to conservatorship cases only and not to guardianship
cases.

[Eff. 07/01/2021; Former 4-504 Repealed 01/01/20]

70

Superior Court of California for the County of San Joaquin

4-505. COMPENSATION AND FEES (Eff. 01/01/20)

A. Compensation of Conservator/Guardian

1. Conservator/Guardian of the estate or of the person and estate

A fee will be routinely allowed by the court at the time an annual
accounting is filed for services during the preceding twelve-month period
of three-fourths of 1% of the market value of the assets on the date of
the current accounting.

(a) If the account period contains more or fewer than twelve months,
the normal fee will be proportionately increased or decreased.

(b) A fiduciary who seeks greater compensation must detail in a
separate declaration facts that would justify the entire fee request.
If unusual services were rendered in more than one category, the
services must be separately stated and a value assigned to each.
(Rev. 07/01/2021)

2. Conservator/Guardian of the person only

A guardian or conservator of the person may at any time obtain an order
compensating him or her on an hourly basis, by filing a noticed petition
for periodic compensation. If no order has been sought prior to an
annual accounting, the guardian or conservator of the estate may include
at that time a petition for compensation of the guardian or conservator of
the person for services during the preceding accounting period, on an
hourly basis. The basis for the requested hourly rate must be set forth.
The nature of the tasks and the actual or anticipated hours for the tasks
must also be set out. Consideration will be given to the degree of
difficulty, the training or experience required. The efficiency and the
effectiveness shown or reasonably anticipated, the prevailing market rate
for the same or similar tasks and the benefit to the conservatee or ward.

B. Fees of Attorney

The fee usually allowed to the attorney for the preparation, filing, and
presentation of the report and order in connection with an annual accounting
is:

1. For counsel to a licensed Private Professional Fiduciary, bank, or entity
authorized to transact business as a trust company, an amount equal to
one-third of the fiduciary’s normal fee, as computed in Section B1, for a
twelve-month period, or $1,000.00, whichever is greater;

2. For counsel to a fiduciary who is not a licensed Private Professional Fiduciary, bank, or entity authorized to transact business as a trust 71

Superior Court of California for the County of San Joaquin

company, an amount equal to one-half of the fiduciary’s normal fee, as
computed in Section B1, for a twelve-month period, or $1,500.00,
whichever is greater;

3. An attorney who seeks greater compensation must detail in the petition
the time spent, the difficulty of the services, the results accomplished,
and other facts to guide the court in assessing the merit of the request.
If more than one category of services was rendered, the services must
be separately stated and a value assigned to each. The detail must
include the hourly rate of each person who performed services and the
time spent by each of them.

4. Attorney fees for accountings for periods longer than 12 months will not
automatically increase, proportionately or otherwise.

C. Fees of Attorney for a Conservatee or a Minor

1. The Conservator(s) or attorney for the Conservator(s) and the attorney
for the Conservatee shall communicate with each other regarding the
issue of attorney fees for the attorney for the Conservatee. A request for
fees for the attorney for the Conservatee shall be addressed in all
accounts.

2. The Court will ordinarily allow a sum not to exceed $1,000.00 as fees for
the attorney for the Conservatee without specific itemization. The work
covered by this fee includes the review of the Court Investigator’s report,
review of an account, if any, conferring with the Conservatee, and a
report to the Court, either orally or in writing.

3. An attorney for the Conservatee who requests attorney fees not to
exceed $1,000.00 may make the request by way of Ex Parte Application
as follows:

a. The Ex Parte Application must be accompanied by a Notice of
Hearing with a Proof of Service of Mailing of the Application and
Notice to all parties otherwise entitled to Notice of a Petition for
Fees.

b. The Ex Parte Application must be submitted with the filing fee
required by GC §70657(a)(2), as amended,

c. The Ex Parte Application will be set for hearing on the Court’s Ex
Parte calendar on ten (10) days’ Notice. No appearance will be
required at the Ex parte hearing. If there are any issues at the
time of the Ex Parte hearing, the Court will continue the matter so
that the attorney will have an opportunity to appear.

72

Superior Court of California for the County of San Joaquin

d. An Order shall be submitted with the Ex Parte Application. If there
are no Objections to the Ex Parte Application, the Court will issue
the Order for Fees at the hearing. (Eff. 01/01/20).

4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED (Eff. 01/01/09)

Ordinarily, neither a minor nor a conserved person may waive an accounting. However, a minor who has attained majority will be permitted to waive a final accounting upon a showing of unusual circumstances, and upon personal appearance in court at the hearing on the petition for termination without an accounting. A conserved person may waive an account upon a showing of competence. (Eff. 01/01/09)

4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS (Eff. 01/01/09)

A conservator or guardian who has been granted the independent power to sell real property, but who petitions the court for confirmation of sale, sale, must meet the requirements for sale as if the power had not been granted. (Eff. 01/01/09)

4-508. SUBSTITUTED JUDGMENT (Eff. 01/01/11)

A. Court Investigation

A proceeding brought under Article 10, commencing with Section 2580 of the
Probate Code, for court order authorizing or requiring a proposed transaction
requires investigation by the court investigator.

B. Documents Which May Have Testamentary Effect

The petition shall be supported by copies of any known documents which
may have testamentary effect or which purport to gift any property of the
Conservatee before death. Such documents may be submitted with a request
and proposed order that they be kept under seal, not to be examined except
upon order of the court. The court shall seal any such document for which a
request is made by the party submitting the document.

C. “Community Resource Allowance” and “Minimum Monthly Maintenance
Needs Allowance”

The court will not hear petitions, nor issue orders, regarding “Community
Resource Allowance” or “Minimum Monthly Maintenance Needs Allowance”
unless such petition is accompanied by points and authorities specifying the
jurisdiction and authority of the Probate Court to hear and decide such
matters.

73

Superior Court of California for the County of San Joaquin

D. The Effect upon the Conservatee

The petition shall set forth the circumstances of the Conservatee should the
petition be granted, including, but not limited to, assets remaining, the
projected needs of the Conservatee and the manner in which those needs
will be met.

E. Where a petition seeks transfer of all, or a major portion, of a spouse’s assets
for the purpose of eligibility for public benefits the estate plan of the receiving
spouse for those assets must be set forth for the court. Estate plan
documents may be submitted under seal and after the hearing, the
documents shall not be subject to inspection except upon order of the court.

F. When a trust is created under PC Section 2580 or 3100 the Order shall
provide, as a condition of approval that the Trustee shall commence a
separate trust proceeding with a probate case number in this county by filing
an Acceptance of Trust by Trustee, with a certified copy of the Order for
Substituted Judgment and the Trust attached. This shall be done within 30
days of the Order being filed. A Receipt of Assets by the Trustee shall be
filed in the new case file along with the Acceptance of Trust, as well as the
Bond, if there is a bond to be posted under the terms of the trust. (Eff.
01/01/11)

4-509. DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILE (Eff. 01/01/14)

A. The documents required by Probate Code section 2620(c) shall be lodged,
not filed, at the time the accounting is filed. The documents shall be attached
to a cover sheet containing the case heading and a caption identifying the
petition they accompany and the date time and department of the hearing.
Upon settlement of the account, the documents shall be returned to the party
who lodged them to be held until such time as the appeal period has run,
unless the Court orders otherwise. If the documents are not otherwise
retrieved within thirty (30) days, they may be destroyed by the clerk.

B. If there are investments with a brokerage firm, the annual brokerage account
statement shall be included with the required documents

C. If original documents cannot be obtained and copies are lodged in lieu of the
originals, a Declaration setting forth the reason why the originals are not
available shall be lodged with the copies. (Eff. 01/01/14)

4-510. START-UP FEE (Eff. 01/01/20)

Where a petition seeks a fee for an attorney pursuant to Probate Code section 2640 for the bringing of the successful initial petition to conserve and the start-up of the conservatorship, the court will ordinarily allow $1,500.00 for a conservatorship of the

74

Superior Court of California for the County of San Joaquin

person only, without specific itemization. For a conservatorship of the person and estate or estate only, the court will ordinarily allow an advance of $3,000.00 for attorney fees, time for which shall be itemized in the first account. At the time of the first account additional fees may be requested, or a portion of the advance shall be paid back depending on the time expended by the attorney for the conservatorship petition and accounting. Nothing in this rule limits the court’s authority to award higher or lower attorney fees than those listed above. (Eff. 01/01/20)

PART SIX – PARTICULAR TRANSACTIONS

4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT (Eff. 01/01/09)

Insofar as possible, the requirements of the Probate Code in Article 10, commencing at Section 2580, and the California Rules of Court and the Court’s local rules, shall be applied to Proceedings for Particular Transactions under Chapter Three of Part Six of the Probate Code, commencing with Section 3100. The requirements of the Rules for Substituted Judgment in Conservatorship shall apply to Proceedings for Particular Transactions. (Eff. 01/01/09)

PART SEVEN – GUARDIANSHIP

4-701. GUARDIANSHIP RULES (Eff. 01/01/08)

The rules for conservatorship apply to guardianship insofar as possible. (Eff. 01/01/08)

4-702. GUARDIANSHIP QUESTIONNAIRE [Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] (Eff. 01/01/20)

RELATIVE AND NON-RELATIVE GUARDIANSHIPS OF THE PERSON AND/OR
ESTATE

A. The Confidential Guardianship Questionnaire (SJPR-010) shall be
completed, signed under penalty of perjury, and submitted with all petitions
for probate guardianship. Each proposed guardian shall sign the
Guardianship Questionnaire. The Guardianship Questionnaire is used by the
court and/or by the San Joaquin Court Investigator to prepare reports under
Probate Code 1513 or as ordered by the court. The Questionnaire and the
information contained on the Questionnaire is confidential. The Guardianship
Questionnaire shall not be released to any party or their attorney absent a
court order. The clerk must maintain the Guardianship Questionnaire in a
manner that will protect and preserve the proposed guardian’s and the
minor’s confidentiality.

75

Superior Court of California for the County of San Joaquin

[Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)]

4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON (Eff. 01/01/09)

A. A petition seeking the temporary appointment of a guardian before the
regularly noticed hearing using Judicial Council form GC-110, rather than
GC-110(P), shall be accompanied by a declaration explaining the emergency
that requires a guardian be appointed before the regularly noticed hearing.

B. An application for ex parte appointment of temporary guardian shall comply
with California Rule of Court 3.1203 and 3.1204 for those persons, other than
the minor(s), entitled to notice of the petition. The form set forth in these
rules for ex parte notice in Family Law matters may be used, Rule 7-100. A
declaration establishing compliance with Probate Code Section 2250 is also
required.

C. The court will routinely deny ex-parte applications which will result in a
change of custody. Child Protective Services of the San Joaquin County
Human Services Agency and peace officers have the authority to remove
children in an emergency.

(Eff. 01/01/20)

4-704. GUARDIANSHIP OF PARTICULAR PROPERTY (Eff. 01/01/09)

Proposed orders and letters must specifically identify the property to which the guardianship is limited. (Eff. 01/01/09)

PART EIGHT – MINORS COMPROMISE

4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS (Eff. 01/01/20)

It is the duty of the attorney to assure that funds are deposited in accordance with

the order approving compromise. Attorney’s fees shall not be paid until a receipt, declaration and or other documentation required by the court confirming adherence to the order approving compromise is filed with the court. (Eff. 01/01/20)

4-802. SETTLEMENTS WITH AN ANNUITY (Eff. 01/01/11)

Where the settlement includes the purchase of a single premium deferred annuity, an exemplar of the proposed annuity contract and schedule of payments to be made must be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor’s or the disabled person’s estate. The rating of the company issuing the annuity shall be disclosed in the petition. (Eff. 01/01/11)

76

Superior Court of California for the County of San Joaquin

4-803. SETTLEMENTS CREATING A TRUST (Eff. 01/01/20)

Where the settlement includes establishment of a special needs trust, or other trust:

1. In all cases where a petition to approve the compromise of a claim of a minor
or person with disability filed under Probate Code section 3600 et seq.
proposes to have the settlement funds distributable to the minor or person
with disability administered under a special needs trust, as provided in
Probate Code section 3602, 3604 or 3611, the petition to establish the
special needs trust must be filed under a separate case number, for approval
concurrently or before the Minors Compromise. No payment or transmittal of
the proceeds of the settlement agreement or judgment distributable to the
minor or person with disability shall be made to the trustee until the special
needs trust has been approved for establishment.,

2. The order approving the settlement shall provide, as a condition of final
approval of the settlement, that the trustee shall file an Acceptance of Trust
and receipt of funds within 30 days of the order being filed. (Eff. 01/01/20)

4-804. ATTACHMENT LIMITS (Eff. 07/01/21)

The attachments to any Petition or Expedited Petition for compromise for a minor or incapacitated person shall not exceed 50 pages, without authorization from the court. Any petitions received in excess of the page limit, without authorization, shall be rejected. [Eff. 07/01/2021; Former 4-804 Repealed 01/01/20]

77

Superior Court of California for the County of San Joaquin

RULE 5 JUVENILE

5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS (Eff. 07/01/98)

A. All discovery shall be by State Rules of Court (Rule 1420), there shall be no
discovery by Code of Civil Procedure. Title III of Part IV §1985 et seq.,
except as provided in this rule.

B. Without further order, parties have leave to use §2020(d), the deposition
subpoena, for copying of business records. This use is limited to health care
providers, excluding mental health providers, without further order of the
court. Notice under § 1985.3, where the consumer is the minor subject of the
dependency action, shall be given to Department of Child Protective Services
of the Human Service Agency of San Joaquin County in addition to the
person or persons specified in §1985(b)(1).

C. Order for further use of provisions of Title III, shall be sought by motion for
pre-hearing discovery, as set forth in State Rules of Court (Rule of Court
1420 § (f)).

D. Motions for pre-hearing discovery, under the State Rules of Court, shall be
made upon five (5) judicial day notice to all parties and shall be heard on a
Monday, Tuesday, Thursday or Friday, at 8:30 a.m., in the dependency
department or other department where the otherwise next hearing is
scheduled. Motions for discovery shall be in writing and shall be
accompanied by a declaration affirmatively alleging, where appropriate, (i) a
timely and specific request, (ii) a specific refusal or circumstances reasonably
implying a refusal al to produce, and (iii) that the moving party has met the
other party and conferred in good faith. (Eff. 07/01/98)

5-200. EX PARTE APPLICATIONS

A. Except as provided in this rule, no application for an order shall be made ex-
parte unless the applicant shows by written declaration, or statement under
oath, that a reasonable effort has been made to give notice to all other
parties, who have appeared in the matter, or that notice would be
inappropriate or impractical or would result in irreparable injury, or that the
order would not result in a significant direct burden or inconvenience to any
other party.

B. This rule shall not apply to applications for protective custody warrants for
dependent minors. (Eff. 07/01/98)

5-300. PETITIONS TO MODIFY (§388 W&I) (Eff. 07/01/98)

A. Notice of the application for modification, pursuant to rule 8-200, shall be
made to all counsel of record and to any parent appearing in pro per.

78

Superior Court of California for the County of San Joaquin

B. Application shall be made to the Court in a timely manner following discovery
of the circumstances alleged to support the petition to modify, and in no
event, at a later time which prejudices any party. Applications requesting
return of a minor to a parent shall be made not less than 20 judicial days
before any previously set hearing pursuant to §366.26 W&I. Where hearing
for any petition is requested within 20 judicial days, good cause must be
shown in a supporting declaration.

C. Where hearing is granted:

1. Evidence for the case-in-chief of the requesting party shall be, and for
any responding party may be, by declaration, or, in the case of the
petitioner being the requesting party, by report of the probation
officer/social service worker.

2. The hearsay statements of the declarations, or report, shall not be
sufficient to support the petition unless admissible over objection in a
civil action or unless the hearsay declarant is made available for cross
examination. The requesting party shall produce the hearsay declarant
at the hearing upon written notice by any other party, personally served
10 days prior to hearing or within two judicial days of receipt of the
declarations, whichever is later. The responding parties shall produce
their hearsay declarant at the hearing upon written notice by any party,
personally served five judicial days prior to the hearing or within two
judicial days of receipt of declarations whichever is later.

3. The requesting party shall serve the petition, order for hearing and
supporting declarations, or report, on all parties ten judicial days before
the hearing, if by personal service or fifteen judicial days, if by mail.
Responsive declarations, or report, shall be served five judicial days
before the hearing, if personally served, or ten judicial days, if by mail.
(Eff. 07/01/98)

5-400. GENERAL COMPETENCY REQUIREMENT (Eff. 07/01/98)

Every party in a dependency proceeding who is represented by an attorney is entitled to competent counsel. Because juvenile justice is a specialized area, court- appointed attorneys must meet minimum training and continuing legal education standards as a condition of their appointment in juvenile court matters. Attorneys who seek to represent or to continue to represent individuals in juvenile dependency proceedings shall obtain and comply with the competency rules promulgated by the San Joaquin County Bar Association and as set forth in Rule of Court 1438. (Eff. 07/01/98)

79

Superior Court of California for the County of San Joaquin

5-401. “RESERVED FOR FUTURE USE” [5-401 Repealed 01/01/14] (Eff. 01/01/14)

5-402. SCREENING FOR COMPETENCY (Eff. 07/01/98)

Effective July 1, 1996, all attorneys who represent parties in dependency court proceedings shall meet minimum standards of training and experience as set forth in Rule of Court 1438(b). (Eff. 07/01/98)

5-403. REPRESENTATION OF MINORS (Eff. 07/01/98)

A. Non-public agency attorneys who wish to be appointed to represent minors
must comply with additional minimum requirements as promulgated by the
San Joaquin County Bar Association and approved by the Juvenile
Dependency Court Judge.

B. Non-public agency attorneys who wish to be appointed to represent minors
must so inform the San Joaquin County Bar Association and the Juvenile
Dependency Court Judge.

C. Non-public attorneys who do not wish to be appointed to represent minors
need not comply with these additional requirements. (Eff. 07/01/98)

5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT (Eff. 07/01/98)

Each attorney must complete a minimum of continuing education hours each year as set forth in Rule of Court 1438(b). (Eff. 07/01/98)

5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 (Eff. 07/01/98)

a) If an attorney fails to comply with Rule 5-403, the Juvenile Dependency Court
Judge shall no longer appoint said attorney to represent minors in Juvenile
Dependency Court until the requirements set forth in Rule 5-403 have been
satisfied by that attorney.

b) If an attorney fails to comply with Rule 8-404, the Juvenile Dependency Court
Judge shall no longer appoint said attorney to represent parties in Juvenile
Dependency Court until the requirements set forth in Rule 8-404 have been
satisfied by that attorney. (Eff. 07/01/98)

5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS (Eff. 07/01/98)

A. Lawyer Referral Service Panel attorneys must also comply with the rules and
regulations of the San Joaquin County Lawyer Referral Service in order to
qualify for and to maintain their current standing with said organization.

80

Superior Court of California for the County of San Joaquin

B. Lawyer Referral Service Panel attorneys receive appointments and service
on the Panel at the pleasure of the Superior Court. (Eff. 07/01/98)

5-407. APPLICATION OF THESE RULES (Eff. 07/01/17)

Rules 5-400 through 5-409 apply to whatever organization, law firm or entity, whether a group or individual, which holds the contract with the San Joaquin Superior Court to represent clients in Juvenile Dependency Court. (Eff. 07/01/17)

5-408. ATTORNEY COMPLAINT PROCESS (Eff. 07/01/98)

Parties shall be informed of the process to voice a complaint about attorney performance within 30 days of their first court appearance in the Juvenile Dependency Court and when a complaint is lodged with the court, the court shall take appropriate action. (Eff. 07/01/98)

5-409. MINORS' INTERESTS IN OTHER PROCEEDINGS (Eff. 07/01/98)

When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98)

5-410. THE ADVOCATE PROGRAM (Eff. 01/01/03)

When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98)

5-411. CHILD ADVOCATES (Eff. 01/01/03)

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:

1. to support the child throughout the Court proceedings;

2. to establish a relationship with the child to better understand his or her
particular needs and desires;

3. to communicate the child’s needs and desires to the Court in written
reports and recommendations;

81

Superior Court of California for the County of San Joaquin

4. to identify and explore potential resources that will facilitate early family
reunification or alternative permanency planning;

5. to provide continuous attention to the child’s situation to ensure that
the Court’s plans for the child are being implemented;

6. to the fullest extent possible, to communicate and coordinate efforts
with the case manager (probation officer/social worker);

7. to the fullest extent possible, to communicate and coordinate efforts
with the child’s attorneys; and

8. 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 shall subscribe to the written oath set forth in Exhibit A attached hereto.

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.

Procedures in Dependency Cases (W & I §300)

1. 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.

82

Superior Court of California for the County of San Joaquin

2. When an appropriate child advocate has been identified, that person’s
name shall be submitted to the Court for appointment.

3. Any party to the case may petition the court for a hearing to reconsider
the appointment.

4. 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.

D. 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. (Eff. 01/01/03)

5-500. RELEASE OF INFORMATION TO ADVOCATE (Eff. 01/01/03)

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 and
interview parties involved in the case, as well as other persons having
significant information relating to the child, to the same extent as any other
officer appointed to investigate proceedings on behalf of the Court.

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.

83

Superior Court of California for the County of San Joaquin

C. Report of Child Abuse

An advocate is a mandated child abuse reporter per Section 11166 of the
Penal Code.

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. (Eff. 01/01/03)

5-501. RIGHT TO TIMELY NOTICE (Eff. 01/01/03)

In any action concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Eff. 01/01/03)

5-502. CALENDAR PRIORITY (Eff. 01/01/03)

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. (Eff. 01/01/03)

5-503. VISITATION THROUGHOUT DEPENDENCY (Eff. 01/01/03)

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. 01/01/03)

5-504. FAMILY LAW ADVOCACY (Eff. 01/01/03)

Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code Section 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. (Eff. 01/01/03)

5-505. RIGHT TO APPEAR (Eff. 01/01/03)

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. 01/01/03)

84

Superior Court of California for the County of San Joaquin

5-506. DIRECT CALENDARING OF JUVENILE DELINQUENCY CASES (Eff. 01/01/18)

A. All matters falling within the provisions of Welfare & Institutions Codes section
602 shall be subject to direct calendaring assignment to a judicial officer for
all purposes at the time of the filing of a Petition. Upon their filing, cases will
be assigned randomly to one of the designated juvenile delinquency
departments. Except as otherwise provided by law, the judicial officer
assigned to that department will thereafter handle all proceedings involving
the matter through termination of jurisdiction, unless otherwise ordered.
Nothing herein shall be construed to interfere with the authority of the
Presiding Judge, and/or the Presiding Judge of the Juvenile Court to assign
or reassign cases as may be necessary for the prompt and efficient
disposition of matters coming before the juvenile court. In cases involving
alleged co-participants, the courtroom of first appearance will handle the
matter through disposition of all alleged co-participants arraigned
concurrently on the matter.

B. At the time of the initial filing of the Petition, the Clerk’s office shall affix to the
face of the Petition by stamp or other writing, the following notice:

“This case has been assigned to Judge ______________ in department
___ for all purposes, including trial”.

(Eff. 01/01/18)

5-507. RECIPROCAL DISCOVERY (Eff. 07/01/06)

The reciprocal discovery rules set forth in Penal Code sections 1054, et. seq., shall apply to all juvenile delinquency cases in San Joaquin County. California Rule of Court 1420 shall continue to apply to juvenile delinquency cases as well. (Eff. 07/01/06)

RULE 6 ELECTRONIC FILING (DIRECT FACSIMILE (FAX) FILING - CIVIL MATTERS

All parties filing documents electronically are referred to and shall also comply with all requirements and conditions for electronic filing (e-filing) and service as set forth in Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250-2.261 and 3.110(f)(4), unless this court’s local rules provide otherwise. The filing of electronic documents must be affected using the court’s electronic service provider.

1. Case Types Subject to Electronic Filing:

   A. Effective January 1, 2020, San Joaquin County Superior Court allows the electronic filing of documents for specific case types as listed on the court’s 85

Superior Court of California for the County of San Joaquin

website at www.sjcourts.org. Case types excluded from e-filing can also be
located on the court’s website.

B. Additional case types may be phased in over time. Please refer to the court’s
website for current listings.

2. Documents Subject to and Excluded from Electronic Filing:

   A. Please refer to the court’s website for the current list of documents permitted to be filed electronically and excluded from electronic filing. If a document is not listed as accepted or excluded, contact the Clerk of the Court in the applicable division for clarification.

   B. Documents and other materials that are not feasibly converted to electronic form by scanning or imaging shall not be electronically filed.

   C. Additional documents may be phased in over time. Please refer to the court’s website for updates.

3. Format of E-filed Documents:

   A. All electronic filed documents must be in electronic text searchable PDF format. There is not a limit on the number of pages a document can contain, unless prohibited by another rule.

   B. Documents containing exhibits must be bookmarked. An electronic bookmark must be created for each exhibit, and between each exhibit a slip sheet must be inserted containing identification of the following exhibit. For example, a page where the words printed are “Exhibit A” or Exhibit B” or other appropriate identification.

4. Acceptance or Rejection of Filing:

   A. Documents electronically submitted to the court for filing may be reviewed by the clerk for certain data elements and/or completeness. Documents are not considered “filed” until they have been accepted by the reviewing clerk.

   B. If after review by the clerk, a document electronically submitted to the court is subsequently determined to be unacceptable for filing; a Notice of Rejection specifying the reason(s) will be generated and provided to the filer. After addressing the issues, it is the sole responsibility of the filer to resubmit the document(s) with payment electronically if they choose to, if the basis for rejection was not due to the document being on the exclusion list. 86

Superior Court of California for the County of San Joaquin

5. Confirmation of Submission:

   A. The confirmation of submission, subsequent resubmission of rejected documents with corrections and/or fees, as well as the filing of documents with the court electronically is the sole responsibility of the filer. In the absence of confirmation of receipt and filing, there is no presumption that the court received and filed the document.

6. Sealed Documents:

   A. A motion to file documents under seal may be filed electronically. However, documents lodged with the Court Conditionally Under Seal, as provided in CRC 2.551(d), shall be served and submitted to the Clerk of the Court in paper form, pending hearing on the motion to seal.

   B. Documents ordered filed under seal cannot be electronically filed and must be submitted directly to the Clerk of the Court in paper form, compliant with CRC 2.551(d), if not previously lodged under seal.

7. Confidential Documents:

   A. Except as provided in CRC 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is ordered sealed under CRC 2.551(b) or filed as a confidential document pursuant to law. (CRC 2.254(c))

   B. The filer is responsible for redacting any personal identifiers, privileged or confidential information when applicable. The clerk will not review the documents for compliance.

8. Fees and Fee Waivers:

   A. Electronic Service Providers may charge a reasonable fee in addition to any filing fees required by the Court. There is no service fee charged if the document does not require a filing fee. The Court will not add an administrative fee for e-filing. Refer to the information under Payment on the court’s website for additional information.

   B. A party who has an active fee waiver on file in a case or is granted a fee waiver from the Court is exempt from the fees and costs associated with electronic filing.

   C. If a request for fee waiver is not granted, the filer will be notified and given the opportunity to submit payment. The filer will have 10 days to comply with the Order on Fee Waiver or the filing will be voided. (GC 68634(g)). (Eff. 01/01/20) 87

Superior Court of California for the County of San Joaquin

6-100. [6-100 Repealed 01/01/20]

6-101. [6-101 Repealed 01/01/20]

88

Superior Court of California for the County of San Joaquin

RULE 7 FAMILY LAW

7-100. EMERGENCY ORDERS (Eff. 07/01/18)

All parties must comply with California Rules of Court, Rule 5.151 through Rule

5.170 when submitting emergency requests. The requests shall be limited to those specified in subsection (b) of Rule 5.151 and must be in writing. The requesting party must also comply with the notice requirements set forth in California Rules of Court,

Rule 5.165 and must include the Temporary Emergency (Ex Parte) Orders (form FL- 305) with their pleadings. (Exhibit A is revoked effective July 1, 2018.) (Rule 7-100 amended effective July 1, 2018; adopted as Rule 7-100 effective July 1, 1998; amended effective January 1, 2014.) (Eff. 07/01/18)

7-101. ORDER EXCLUDING A PARTY FROM THE HOME (Eff. 07/01/98)

A temporary restraining order enjoining a party from the use of the family home will not be granted unless the request is supported by a declaration setting forth a factual basis showing immediate and serious harm. Said declarations shall state, in detail and in competent evidentiary form, the time and place of the act or acts and the exact injuries suffered by the moving party. The moving party has the burden of convincing the court an ex-parte order is an appropriate alternative to an order shortening time. (Eff. 07/01/98)

7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS (Eff. 01/01/14)

A. Any motion, petition or request for order, or response thereto involving an
issue of child custody, visitation, child support or domestic violence shall
contain a statement notifying the Court and parties of any action which
involves the children or the parties concerned in the motion, petition or
request for order which is pending in any other jurisdiction or in the juvenile
court. Such information shall include the name and location of the court, the
file number therein, the statutory basis for said action and a copy of the most
recent order made in the action.

B. At the hearing on the motion, petition, or request for order, the parties shall
call to the attention of the Court any action pending or jurisdiction taken by
the Juvenile Court subsequent to the filing of the motion, petition, request for
order.

C. In addition, hereto, every moving party or counsel must disclose to the Court
the existence of any prior applications for relief similar to that requested in the
current moving paper of which said moving party or counsel have knowledge.
(Eff. 01/01/14)

89

Superior Court of California for the County of San Joaquin

7-102.5. DECLARATIONS SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER (Eff. 01/01/19)

All declarations supporting and responding to a Request for Order, a Domestic

Violece Restraining Order (DVRO), and an Elder Abuse Restraining Order (EARO) must comply with California Rules of Court, Rule 5.111. Any evidentiary documents attached to declarations shall not exceed 10 pages in length. However, a party may apply to the court ex parte with notice of the application to the other parties for permission to submit additional pages. The requested additional pages shall not be attached to the separate ex parte application. The ex parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and must comply with California Rules of Court, Rule 5.151. Without this prior approval, the court will not consider any attachments exceeding 10 pages. Parties should not attach copies of pleadings already contained in the Court file to any new pleading.

This rule shall not apply to discovery motions. (Rev 01/01/2022)

7-103. MEET AND CONFER REQUIREMENT (Eff. 01/01/14)

A. All parties and all attorneys are required to meet and confer prior to a case
being heard on the family law calendar.

B. Before the parties are eligible for mediation, it is required that they meet and
confer. The sole purpose in requiring them to meet and confer is to allow
them an opportunity to work out a plan for the sharing of time and
responsibility for the raising of their child or children, i.e. formulate their own
parenting plan.

It is expected that any attorney who represents either the mother or father will
meet with the other side in order to determine what issues can be resolved by
agreement and what issues are really contested.

C. Attorneys must meet with the opposing side even if the other side is not
represented by an attorney. A bona fide attempt must be made to settle all
issues prior to mediation.

D. Parties not having attorneys must still meet and confer. If either side is not
represented by an attorney, they are still required to meet with the other side
in order to try to resolve the parenting plan. A party who is not represented
must remember that meeting and discussing the case with the other side
does not mean that they must make an agreement, they must simply make
an honest attempt to settle all the issues they can and determine the issues
that are contested.

E. Complete meet and confer required. In order to expedite the process, it is
required that even if a complete settlement is not possible, all issues should

90

Superior Court of California for the County of San Joaquin

be discussed even if only conditional agreements are made. For example, if
the parties cannot agree, they should determine how holidays will be shared
and what shared time they would have if they were not granted the primary
custody of the child or children.

F. Parties must exchange three days prior to the hearing all documentary
evidence that is to be relied upon for proof of any material fact at the hearing.
This requirement does not apply to documents used primarily for rebuttal or
impeachment purposes (Eff. 01/01/14)

7-104. MEDIATION (Eff. 01/01/14)

A. In any mediation pursuant to Family Code §3183, the mediator may make an
oral or written recommendation as requested by the court, and at the request
of a party or attorney, the mediator shall be subject to cross-examination.

B. No peremptory challenge of a mediator is permitted.

C. A party may challenge a mediator for good cause by the filing of a formal
motion to disqualify a mediator. The court shall continue the date of any
mediation to allow the filing of a motion to disqualify. The court shall shorten
time for a hearing on a motion to disqualify a mediator upon the request of
either party.

D. A mediator may decline to mediate a case in the event the mediator
determines he or she cannot be unbiased or has a conflict that would prevent
a meaningful mediation.

E. Ex-parte communication with Court mediators by any party or attorney to the
action is prohibited, except for limited contact necessary to schedule or
continue hearings, mediation sessions and/or testimony of mediators at trial
or hearing.

F. The purpose of mediation is to facilitate an agreement between the parents.
If counsel attends a mediation session, they shall do so in a support capacity
and not to advocate for a position. The mediator may exclude either or both
counsel from a mediation session if in the discretion of the mediator such
exclusion will facilitate the mediation process.

G. When any request for order is filed placing custody and/or visitation at issue,
the parties are required to attend an orientation session provided by Family
Court Services prior to the court date on the request. Non-compliance may
result in the case being continued until such time that the parties have
attended the required orientation. (Eff. 01/01/14)

91

Superior Court of California for the County of San Joaquin

7-105. SUPPORT (Eff. 01/01/14)

These guidelines have been adopted to comply with the California Family Code
operative January 1, 1994.

The Court will determine the appropriate amount of child support and discretionary
spousal support according to the Santa Clara County guidelines and the Code.

(a) These guidelines are not intended to limit the Court's discretion concerning
spousal support except as otherwise provided by the Code or other
applicable case and statutory law.

(b) The Court will take all circumstances into consideration (e.g., reduced
expenses because of income of a new spouse or cohabitors) to the extent
permitted by the Code.

(c) Concurrently with filing, and responding to, a request for order to establish or
modify child and/or spousal support, each party shall provide the other, in
addition to the information and documents required by the Family Code and
Rules of Court, each party’s complete most recently filed tax return. (Eff.
01/01/14)

7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS (Eff. 01/01/21)

A Custody Evaluator, appointed by this Court pursuant to Evidence Code §730, shall
be permitted to testify remotely in accordance with the following terms and
conditions:

a) The Custody Evaluator shall have prepared a written report.

b) The proponent of the testimony shall arrange for a videoconference that shall
allow the Custody Evaluator to be seen, hear the Court and Counsel, and
speak to the Court and Counsel.

c) The proponent of the testimony shall pay the expense of the
videoconference, and shall have a videographer present during the testimony
to ensure that the videography equipment functions properly. Any and all
equipment necessary to perpetuate the testimony shall be provided by the
proponent.

d) Notice of intent to introduce testimony by videography must be given in
writing by the proponent at least 15 days prior to the date set for hearing.

e) Any objection to videography testimony must be filed and served 10 days
prior to the date set for hearing. Any reply thereto shall be filed and served 5
days before the date set for hearing.

92

Superior Court of California for the County of San Joaquin

f) Service of objections and reply shall be by fax or email. In ruling on the
objections, the Court shall consider the issue of whether allowing such
testimony is prejudicial to the opposing party.

g) Should the quality of the transmission be poor, the Court in its discretion may
strike the testimony entirely or, may, but need not, continue the matter in its
discretion.

h) In order to perpetuate testimony pursuant to this local rule, the Custody
Evaluator must maintain his or her office 75 miles or more from the
courthouse. (Eff. 01/01/21)

7-107. DEFAULTS (Eff. 07/01/98)

The Clerk of the Court shall not enter a default in a dissolution or legal separation unless a Declaration of Disclosure has been served at least 30 days prior to the entry of the default or unless the parties have filed a Marital Settlement Agreement. (Eff. 07/01/98)

7-108. AT-ISSUE MEMORANDUMS (Eff. 01/01/14)

Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments. The at-issue memorandum must include a declaration or proof of service evidencing compliance with this section. (Eff. 01/01/14)

7-109. RESULT OF FAILURE TO COMPLY WITH RULES (Eff. 01/01/14)

Failure of a party(ies) to comply with these rules may result in one or more of the
following on the request by the other party or on the Court's own motion:

(a) Dropping the matter from calendar.

(b) Continuance of the matter.

(c) The award of attorney’s fees and costs against the non-complying party and/or
the party’s attorney, without the necessity of filing an Income and Expense
Declaration, or any request for order, including, but not limited to, a motion
under California Code of Civil Procedure section 128.5 or Family Code
sections 270 through 275.

(d) The rendering of an order based solely upon the pleadings properly before the
Court.

(e) Other orders as the Court deems appropriate under the circumstances. (Eff.
01/01/14)

93

Superior Court of California for the County of San Joaquin

7-110. SETTLEMENT CONFERENCES (Eff. 01/01/15)

The parties shall participate in a mandatory conference on all cases involving
property or spousal support issues. Each party shall file and serve ten days prior to
the mandatory settlement conference a meaningful and complete statement which
shall include:

(a) Identity of community property and obligations;

(b) Identity of separate property;

(c) Proposed distribution of community property and obligations;

(d) Statement of issues and contentions;

(e) Statement of request for child and spousal support; and,

(f) Statement of request for attorney’s fees pursuant to Rules of Court, Rule
5.427.

(Eff. 01/01/15)

7-110.5 . PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION (Eff. 01/01/21)

For all trials, including long cause hearings, the parties shall file and exchange trial
briefs on all issues at least five court days prior to trial. The trial brief shall include:

(a) The information and documents required by Rules of Court, Rule 5.394;

(b) A list of all documents (excluding those intended to be used primarily for
rebuttal or impeachment purposes) that are to be relied upon for proof of any
material fact at trial. Documents are not to be attached or appended to the
trial brief; and

(c) A list of witnesses and a brief summary of their testimony.

(Eff. 01/01/21)

7-111. FAMILY LAW TENTATIVE RULINGS (Eff. 07/01/17)

Parties are responsible for reviewing the tentative ruling and notifying the Superior Court Clerk’s Office by calling (209) 992-5690 and all attorneys or parties if there are no attorneys, not later than 4:00 p.m. the day preceding the scheduled hearing of his or her intent to appear and argue. The family law tentative ruling is available on the court’s website at www.sjcourts.org. Failure to call by 4:00 p.m. will preclude the court from hearing arguments the next day. It shall also result in the tentative ruling becoming the order of the court.

The issues subject to a tentative ruling are as follows:

94

Superior Court of California for the County of San Joaquin

(a) Motion to compel discovery;

(b) Motion to set aside default/judgment;

(c) Motion to withdraw as attorney of record;

(d) Motion to Quash;

(e) Motion for joinder or parties, not involving custody or visitation; and

(f) Motion for change of venue. (Eff. 07/01/17)

7-112. DUTIES OF FAMILY LAW FACILITATOR (Eff. 07/01/98)

In addition to the duties set forth in Family Code section 10002 et seq., the Family
Law Facilitator may perform the following:

A. Meet with pro per litigants to mediate issues of child support, spousal
support, and maintenance of health insurance.

B. Draft stipulations for pro pers to include all issues agreed to by the parties,
which may include issues other than those specifically set forth in Family
Code section 10003.

C. Prepare formal orders after hearing consistent with the court’s ruling when
both parties are unrepresented.

D. Serve as a special master in contested dissolutions for the purpose of
hearing pretrial settlement conferences in hopes of reducing the contested
dissolution calendars.

E. Develop programs for bar and community outreach through day and evening
programs, videotapes and other means that will assist unrepresented and
financially disadvantaged litigants in gaining access to family court.

F. Assist the court with research and such other responsibilities as may be
assigned by the court, enabling the court to be as time efficient as possible
in helping litigants and reducing the family court’s caseload.

G. Sit as judge pro tempore subject to the stipulation of the parties, when the
Family Law Commissioner is unavailable. (Eff. 07/01/98)

7-113. JUDICIAL CAVEAT (Eff. 07/01/98)

While it is intended that the Court will follow the policies set forth, the rules do not prevent the exercise of judicial discretion when appropriate. (Eff. 07/01/98)

95

Superior Court of California for the County of San Joaquin

7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS (Eff. 01/01/14)

This rule is intended to comply with the provisions of California Rules of Court, Rule
5.445 regarding communication between courts about the existence of criminal
protective orders and child custody and/or visitation orders to avoid the issuance of
conflicting orders.

A. Court Communication

Until the court has an operational case management system capable of
automatically coordinating domestic violence orders, the court’s criminal,
family, and juvenile law departments shall, to the best of their abilities
communicate with one another to identify families with existing orders.

B. Avoiding Conflicting Orders

No department of the family or juvenile court shall issue a protective order or
custody order in conflict with an order of the criminal court. In the event such
an order is issued inadvertently, the orders of the criminal law proceeding
shall control.

C. Modification of Criminal Protective Order

Upon notice of an existing criminal protective order, the family or juvenile
court shall refer the parties requesting custody and visitation to the Clerk’s
Office in the Criminal Department. At the Clerk’s Office, the person
restrained by a criminal protective order or protected by a criminal protective
order may request a hearing to modify the criminal protective order to expand
or restrict contact between the person restrained by the order and his or her
children.

The family court may prepare a custody and visitation order; however, it is
explained to the parties that the order cannot be enforced by law enforcement
if the criminal protective order is not modified accordingly.

D. Co-Existing Criminal and Family or Juvenile Orders

A family or juvenile court order may coexist with a criminal protective order,
subject to the following:

1. Any order that permits contact between the restrained person and his
or her children shall provide for the safe exchange of the children and
shall not contain language either printed or handwritten that violates a
“no contact order” issued by a criminal court.

2. After having knowledge of an existing child custody and visitation
order, the criminal court issuing a protective order shall indicate on the

96

Superior Court of California for the County of San Joaquin

order that contact and visitation between the restrained person and his
or her children is pursuant to court orders previously ordered by the
family or juvenile court.

3. Safety of all parties shall be the court’s paramount concern. The family
or juvenile court shall specify the time, day, place, and manner of
transfer of the child as provided in Section 3100 of the Family Code.
(Eff. 01/01/14)

7.115. VIDEO CONFERENCE APPEARANCE (Eff. 01/01/21)

A. Videoconferencing at Trial.

Videoconference appearances are disfavored and will only be granted in
unusual circumstances. Approval will be made on a case-by-case basis.
Considerations include risk of travel due to COVID-19. Unless otherwise
prohibited by law and, subject to the judicial officer’s approval, parties may
appear or present testimony by videoconference at Trial. The requesting
party must file and serve an Ex Parte Application for Videoconference
Appearance at Trial and Order (SJ-FL-004) at least twenty (20) days prior to
the date the matter is initially set for hearing or trial. Any objections to the
application must be filed and served no later than five (5) days after service of
the Application. Thereafter, the Court will rule on the Application or set the
matter for hearing on the Application.

The application form is available online at the court's website or in the clerk's
office. Videoconference appearances will be arranged through the Court’s
Information Technology Department. Fees will be paid by the requesting
party to the Court.

B. Definitions.

1. “Remote video appearance” means a party, an attorney, or a witness
may appear remotely through the use of:

(a) A desktop or laptop computer with webcam capabilities that
depict the parties, attorneys, the court, witnesses, and court
personnel, if any, in real time on a screen visible to the user who
is at another location; and with capabilities to allow for
transmitting the user’s image and voice; or

(b) A smartphone with video camera capabilities that depict the
parties, attorneys, the court, witnesses, and court personnel, if
any, in real time on a screen visible to the user who is at another
location; and with capabilities to allow for transmitting the user’s
image and voice; or

97

Superior Court of California for the County of San Joaquin

(c) A tablet with video camera capabilities that depict the parties, attorneys, the court, witnesses, and court personnel, if any, in real time on a screen visible to the user who is at another location; and with capabilities to allow for transmitting the user’s image and voice.

C. Application.

This rule applies to any matter to be heard in a family law department, subject to the approval of the judicial officer.

D. Procedure.

1) The court must ensure that the statements of participants are audible
and/or visible to all other participants and the court staff and that the
statements made by a participant are identified as being made by that
participant.

2) The party, attorney, or witness must timely appear by joining the link
provided by the Court and must enter his/her full name as the
username.

3) The party, attorney, or witness must provide the Court with their mobile
phone number and email address at the time of the hearing. A party,
attorney, or witness shall register his/her email address and mobile
phone number with the Court through the Online Services, Attorney
Registration page on the Court’s website. You do not need to be an
attorney to register.

4) No child(ren) shall be present for the hearing; only the parties, their
attorneys, and witnesses.

5) Parties must be dressed in appropriate attire.

6) Parties must first identify themselves whenever speaking and only one
party at a time may speak.

7) Any and all documents a party/attorney wants the court to consider
shall be submitted with a party’s moving/opposition papers five (5)
court days prior to the hearing. In the event the court requires a
party/attorney to submit a document at the time of the hearing, the
party/attorney must send the document in a .pdf format to the court at
familycourtclerks@sjcourts.org, and must copy all counsel of record
and self-represented parties on that email. The case name, number,
and hearing date must be stated in the subject line of the email and the
other party or their attorney must be copied (cc’d) in the email or the

98

Superior Court of California for the County of San Joaquin

court will not consider the document as it is an ex parte
communication.

8) For matters heard in department #5A, any documentary evidence that
the parties wish the bench officer to consider must be emailed directly
to the other party or that party’s attorney, if represented, and, if the
matter is a DCSS matter, then to DCSS at least five days prior to the
hearing, excluding any Saturday, Sunday, or holiday as provided for
under Code of Civil Procedure section 135. Failure to provide at least
five court days’ notice of proffered documentary evidence may result in
its exclusion. If no email exists for the opposing party or counsel,
alternative methods of service must be used (e.g., text, mailing, or
instant message). The bench officer will determine the sufficiency of
any such alternative service method. The case name, number, and
hearing date must be stated in the subject line of the email and the
other party or their attorney must be copied (cc’d) in the email or the
court will not consider the document as it is an ex parte
communication.

9) Any recording of the videoconference Trial is absolutely prohibited,
including, but not limited to, “screen-shots” or other visual copying or
audio recording. Violation of these prohibitions may result in
sanctions, including removal of court-issued media credentials,
restricted entry to future hearings, denial of entry to future hearings, or
any other sanctions deemed necessary by the court. (Rev.01/01/2022)

7.116. TELEPHONIC APPEARANCE AT HEARING (Eff. 07/01/21)

A. Telephonic Appearance at Hearing

Unless otherwise prohibited by law and, subject to the judicial officer’s
approval, parties may appear or present testimony by telephone conference
at hearings in family law matters. The requesting party must file and serve an
Ex Parte Application for Telephonic Appearance at Hearing and Order (SJ-
FL-005) at least ten (10) days prior to the date the matter is initially set for
hearing. Any objections to the application must be filed and served no later
than five (5) days after service of the Application. Thereafter, the Court will
rule on the Application or set the matter for hearing on the Application.

The application form is available online at the court's website or in the clerk's
office. Telephonic appearances will be arranged through the Court’s
Information Technology Department. Fees will be paid by the requesting
party to the Court.

In accordance with California Rules of Court Rule 3.670, a party may not
appear by telephone conference at the following hearings:

99

Superior Court of California for the County of San Joaquin

(a) Trials, hearings, and proceedings at which witnesses are expected to
testify;

(b) Hearings on temporary restraining orders;

(c) Settlement conferences; and

(d) Orders to Show Cause for sanctions.

In addition, you may not appear by telephone conference for contempt
matters.

B. Definitions

(1) “Remote telephonic appearance” means a party or an attorney may appear
remotely through the use of:

(a) Any telephone with video camera capabilities that depict the parties,
attorneys, the court, witnesses, and court personnel, if any, in real
time on a screen visible to the user who is at another location; and
with capabilities to allow for transmitting the user’s image and voice;
or

(b) A tablet with video camera capabilities that depict the parties,
attorneys, the court, witnesses, and court personnel, if any, in real
time on a screen visible to the user who is at another location; and
with capabilities to allow for transmitting the user’s image and voice.

C. Application

This rule applies to any matter to be heard in a family law department, subject
to the approval of the judicial officer. .

D. Procedure

1) The court must ensure that the statements of participants are audible
and/or visible to all other participants and the court staff and that the
statements made by a participant are identified as being made by that
participant.

2) The party, attorney, or witness must timely join the telephone
conference hearing at least 10 minutes prior to the scheduled hearing.
Do not announce your presence until the Court calls your case.
Simply stay on the telephone line, even if there is only silence, until
the Commissioner/Judicial Officer starts the hearings, and then
continue to listen quietly until your case is called. The
Commissioner/Judicial Officer will conduct a roll call and if you are not

100

Superior Court of California for the County of San Joaquin

present, your matter will be dropped from the calendar or reset. Until your case is called, refrain from speaking.

3. The party, attorney, or witness must provide the Court with their mobile phone number and email address at the time of the hearing. A party, attorney, or witness shall register his/her email address and mobile phone number with the Court through the Online Services, Attorney Registration page on the Court’s website. You do not need to be an attorney to register.

4. Parties must first identify themselves whenever speaking and only

   one party at a time may speak and must pause prior to speaking in case there is any audio lag.

5. No child(ren) or third parties shall be present for the hearing; only the parties, their attorneys, and witnesses.

6. Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing. In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication.

7. For matters heard in department #5A, parties must provide any

   documents they want the court to consider prior to the hearing and must provide copies to the other side. Any documentary evidence the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135. Failure to provide at least five court days’ notice of proffered documentary evidence may result in a continuance to another court date and/or its exclusion. If no email exists for the opposing party or counsel, alternative methods of service must be used (e.g., text, mailing, or instant message). The bench officer will determine the sufficiency of any such alternative service method. If there is a document the Commissioner/Judicial Officer requires you to submit the day of the hearing, you must send the document to the court at familycourtclerks@sjcourts.org. The case name, number, and hearing date must be stated in the subject

   101

Superior Court of California for the County of San Joaquin

line of the email and the other party or their attorney must be copied
(cc’d) in the email or the Commissioner/Judicial Officer will not
consider the document as it is an ex parte communication.

8) These telephone conference hearings may be abbreviated due to the
limited ability to hear evidence under these circumstances. The
Commissioner/Judicial Officer may make interim orders and your case
could be continued for additional consideration at a later date.

9) Any recording of the telephone conference is absolutely prohibited.
Violation of these prohibitions may result in sanctions, including
removal of court-issued media credentials, restricted entry to future
hearings, denial of entry to future hearings, or any other sanctions
deemed necessary by the court.

7.117. INTERVIEW FOR MINOR TO MARY OR ENTER DOMESTIC PARTNERSHIP (Eff. 07/01/21)

In order to properly conduct the interview required under CRC Rule 5.448(c), any minor requesting to marry or establish a domestic partnership must complete and submit the Underage Marriage or Domestic Partnership Applicant Information form, local form number SJ-FL-009, at the time of filing the initial Request of Minor to Marry or Establish a Domestic Partnership. This form will not be filed with the Court but shall be maintained in a confidential case file in accordance with CRC Rule 5.448(c)(5)(A). (Rev.01/01/2022)

7.118 ORDERS SHORTENING TIME

The Court will not shorten time for service of Requests for Order, Orders to Show Cause, or Notices of Motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte request or by stipulation. (Eff. 01/01/2022)

102

Superior Court of California for the County of San Joaquin

RULE 8 ADOPTION PROCEEDINGS

8-101. KINSHIP AGREEMENTS (Eff. 07/01/05)

A. Petitions to Adopt

A Petition for Adoption with Contact After Adoption shall not be filed unless
the agreement contains the signature of court-appointed counsel for the
minor acknowledging agreement with the terms.

B. Petitions to Enforce, Modify and Terminate

1. Notice, and the application, and any response thereto, shall be served
upon all parties, including the Human Service Agency or other
adoptive placement agency with which the minor had first been
placed, and to appointed counsel for the minor.

2. All evidence to be submitted at the hearing of the application, whether
in support or opposition, shall be presented by written offers of proof,
declaration, or otherwise admissible documentation. The moving
party shall serve their evidence with the application. Any responding
evidence must be served with the response.

3. On order of the court, a witness or declarant shall appear for cross
examination. Upon failure of the declarant to appear and submit to
examination, the offer of proof or declaration of that witness shall be
stricken.

4. No application shall be filed unless accompanied by a declaration
setting forth the good faith attempt to resolve the dispute. (Eff.
07/01/05)

8-201. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS – CAPTION (Eff. 07/01/98)

Whenever termination of parental rights is sought in an adoption proceeding, each petition shall include in the caption the code section under which the petition is brought. This includes petitions and motions which are ancillary to the adoption or termination of rights. (Eff. 07/01/98)

8-202. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT (Eff. 01/01/99)

A. Necessity of Consent by Mother or Presumed Father in an Adoption

If it is claimed that the consent of the mother or a presumed father of a child
who is to be adopted is not required pursuant to section 8604(b) or 8606(c) of
the Family Code, the petitioner may set a hearing to determine the request in

103

Superior Court of California for the County of San Joaquin

advance of the hearing on the adoption. This “necessity of consent” hearing shall be heard on the regular adoption calendar.

The court will not consider the request unless the required adoption report is submitted and, in the case of request pursuant to section 8604(b), proof of service of the required citation is on file.

The citation pursuant to section 8604(b) shall require the parent served show cause why the court shall not find the minor to have been abandoned and the consent for adoption by the named parent not required.

B. Notice to Alleged Father in an Adoption

1. Where a petition to terminate an alleged father’s rights has been filed
and there is a petition, motion or other request that notice of the
adoption proceeding to the alleged natural father be dispensed under
section 7666(b) of the Family Code, or that rights be terminated
without notice of the adoption proceeding under section 7665, the
petitioner may set a hearing to determine the request in advance of
the hearing on the adoption. The hearing is to be set on the regular
adoption calendar. Alternatively, the petitioner may submit the
request on the pleadings and the court will hear it without appearance.

Whether set for a calendar hearing or otherwise, the court will not
consider the request unless the report required under section 7663 is
submitted.

Where there is a petition, motion or other request that no further
notice of the adoption proceeding to the alleged natural father is
required under section 7662(b) or 7664(a) of the Family Code, the
petitioner may set a hearing to determine the request in advance of
the hearing on the adoption. The hearing is to be set on the regular
adoption calendar. Alternatively, the petitioner may submit the
request on the pleadings and the court will hear it without appearance.

2. Whether set for a calendar hearing or otherwise, the court will not
grant the request unless there is evidence of a record search in the
county set forth in the notice as required by subsection (c) below.

If it is further requested that the alleged father’s rights be terminated in
advance of an order of adoption, the court shall grant the termination
contingent on an order of adoption.

3. Notice to be given pursuant to section 7662(b) or 7664(a) of the
Family Code shall set forth the title, action number and location of the
court of any then pending adoption proceeding and any petition to
terminate the alleged father’s rights regarding the child allegedly

104

Superior Court of California for the County of San Joaquin

fathered. If there is not then pending an adoption proceeding, or petition to terminate the alleged father’s parental rights, the notice shall set forth the location of the court of the County wherein the person having custody of the child resides. (Eff. 01/01/99)

105

Superior Court of California for the County of San Joaquin

RULE 9

RULE 9. “RESERVED FOR FUTURE USE” [SMALL CLAIMS E-FILING repealed (deleted) 07/01/15.]

106

Superior Court of California for the County of San Joaquin

RULE 10 APPEALLATE DIVISION

10-100. JURISDICTION (Eff. 07/01/17)

The Appellate Division of the San Joaquin Superior Court has jurisdiction over all appeals for writs, infractions, misdemeanors and limited civil cases arising out of the courts in San Joaquin County. General rules applicable to the Appellate Division proceedings are set forth in California Rules of Court, Rule 8.800, and et seq. (Eff. 07/01/17)

10-101. JUDICIAL ASSIGNMENT AND SESSIONS (Eff. 07/01/15)

A. The Presiding Judge of the Appellate Division shall supervise the business of
the department. All motions, including ex parte applications for orders, shall
be presented to the Presiding Appellate Judge. The Presiding Appellate
Judge may act on routine matters, or may schedule a motion or other matters
for hearing before the panel at his or her discretion.

B. The panel is composed of three judges, including the Presiding Appellate
Judge. A fourth judge is assigned as an alternate appellate panel member.

C. Regular sessions of the Appellate Division of the Superior Court shall be set
for hearing on the third Thursday of each calendar month at 4:00 p.m. in the
department of the Presiding Judge of the Appellate Division. Pursuant to
Code of Civil Procedure Section 77, the Appellate Division cases will be
heard by the Presiding Appellate Judge.

D. The appellate division sessions shall not be reported by a court reporter. (Eff.
07/01/15)

10-102. RECORD ON APPEAL (Eff. 07/01/15)

A. Under California Rules of Court, rules 8.833 in an appeal from a civil limited
case, an appellant may elect to use the original trial court file as the record on
appeal.

B. An appellant in an appeal in a civil limited case, electing to use the original
trial court file as set out in subsection A, must file and serve the notice of
election within the same time limits for designation of record set out in
California Rules of Court, Rule 8.831.

C. Under California Rules of Court, Rule 8.863 in misdemeanor appeals, the
court elects to use the original trial court file in lieu of a clerk’s transcript.

D. Under California Rules of Court, Rule 8.914 in infraction appeals, the court
elects to use the original trial court file in lieu of a clerk’s transcript. (Eff.
07/01/15)

107

Superior Court of California for the County of San Joaquin

10-103. REQUESTS FOR FREE CLERK OR REPORTERS TRANSCRIPT (Eff. 07/01/15)

A. All requests for a free clerk or reporter’s transcript on appeal shall be
accompanied by a current financial declaration.

B. A request for a free reporter’s transcript will be granted only on a showing of
a colorable need for the transcript. (Eff. 07/01/15)

10-104. USE OF OFFICIAL ELECTRONIC RECORDING (Eff. 07/01/15)

A. Civil limited cases shall be recorded, if not they are not reported. Under
California Rules of Court, Rule 8.835(c), in a civil limited appeal, the parties,
by a filed written stipulation or on order of the trial court under California Rule
of Court, rule 8.837(d), may designate the original of an official electronic
record of the trial court proceedings, or a copy of the electronic recording
made by the court, as the record of the oral proceedings, without being
transcribed, and in lieu of a reporter’s transcript or settled statement.

B. Misdemeanor cases shall be recorded, if they are not reported. Under
California Rules of Court, Rule 8.868(c), in a misdemeanor appeal, the
parties, by a filed written stipulation or on order of the trial court under
California Rule of Court, Rule 8.869(5), may designate the original of an
official electronic recording of the trial court proceedings, or a copy of the
electronic recording made by the court, as the record of the oral proceedings,
without being transcribed, and in lieu of a Reporter’s transcript or settled
statement.

C. Infraction cases are not reported. Under California Rules of Court, Rule
8.915(a)(2), in an infraction appeal, the parties by a filed written stipulation or
an order of the trial court under California Rules of Court, Rule 8.916(b), may
designate the original of an official electronic recording of the trial court
proceedings, or a copy of the electronic recording made by the court, as the
record of the oral proceedings, without being transcribed and in lieu of a
reporter’s transcript or settled statement.

D. If an appellant elects to use an official electronic recording, the stipulation
must be attached to the original designation. (Eff. 07/01/15)

10-105. BRIEFS (Eff. 07/01/15)

A. Each party shall present one (1) original at the time of filing. Briefs not exceeding fifteen (15) pages in length shall be prepared, served and filed as provided by Rules 8.706 and 8.204 of the California Rules of Court, except that briefs of five pages or less may omit the topical index and table of authorities required by Rule 8.205. If an appellant’s opening brief pursuant to People v. Wende in adult criminal appeals is filed, the clerk will not send a notice of late filing. (Rev. 1/1/2022)

108

Superior Court of California for the County of San Joaquin

10-106. APPOINTED COUNSEL (Eff. 07/01/15)

Under California Rules of Court 8.851, in a misdemeanor appeal, if a defendant was represented by appointed counsel in the trial court and meets the standards of appointed, they are entitled to counsel once the judgment has been rendered. (Eff. 07/01/15)

10-107. [10-107 Repealed 01/01/18]

109

Superior Court of California for the County of San Joaquin

San Joaquin Superior Court – Local Form List by Form Number

Mandatory/

Type Form # Form Name Date Optional

Not a local

All Dept Government Claim – Judicial Branch Mandatory No date form Same as All Dept Drop Box Payment Forms Optional No date Name

All Dept INFO ONLY Resources & Referrals INFO ONLY No date

Stipulation and Order to Participate in

Civil SupCt-441 Mandatory 6/2009 Alternative Dispute Resolution (ADR)

Civil/FamLaw SupCt-260 Declaration re: Notice of Ex Parte Application Mandatory Rev 9/2020

Civil

Request to Set Default or Uncontested

Civil/FamLaw SupCt - 71 Optional/FL 7/2017 Matter for Hearing Mandatory

Civil/UD SJ-100 Amendment to Complaint Mandatory 6/1999

Civil/UD SupCt-2 Civil Bench Warrant Mandatory Rev 10/2019

Civil SupCt-56 Declaration of Exemption Mandatory Rev 8/2019 List of San Joaquin County Newspapers Civil/FamLaw SupCt-64 INFO ONLY 10/2013 w/General Circulation Rev Civil SupCt-3 Notice of Appeal – Parking Mandatory 10/2019

Civil SupCt-87 Clerk’s Judgment on Sister-State Judgment Optional 8/2019

Civil/UD SupCt-1 Order on Request for Temporary Stay Mandatory Rev 8/2019

Same as

Criminal Motion to Terminate Probation Optional 6/2016 name

Same as

Criminal Proof of Service Optional 12/2017 name

Not a local Packet for Certificate for Rehabilitation or

Criminal Optional 1/1998 form Pardon (pages 1,2, and 3)

Same as

Criminal Prop 47 – Order Optional 11/2014 name

Same as Criminal Prop 47 – Petition Optional 11/2014 name

Same as

Criminal Prop 47 – Response Optional 11/2014 name

110

Superior Court of California for the County of San Joaquin

Same as Prop 47 – Stipulation and Order per PC

Criminal Optional 5/2016 name 1170.18(f) Same as Criminal Prop 64 – Petition Optional 1/2017 name Same as Criminal Prop 64 – Response Optional 1/2017 name Same as Prop 64 – Stipulation and Order per PC Criminal Optional 1/2017 name 11361.8(f) Petition for Dismissal per 1203.4 or 1203.4a Criminal CR-180/ 181 Optional 5/2017 (Packet) (pages 1,2,3,4)

FamLaw SJ-AD-001 Adoption Questionnaire Mandatory Rev 6/2020

FamLaw SupCt-43 At-Issue Memorandum Mandatory 5/2019

FamLaw SJ-FL-002 Client Complaint Form Mandatory Rev 9/2020

FamLaw SJ-FL-001 Client Complaint Information INFO ONLY Rev 9/2020

FamLaw SJ-AD-002 Declaration of Custodial Parent Mandatory Rev 9/2020

Declaration for Issuance of Writ of Execution

FamLaw SupCt-115 Optional 9/1990 and Order Declaration of Mailing or of Inability to FamLaw SupCt-125 Optional 9/1990 Ascertain Address

Ex Parte Request and Order to Vacate

FamLaw SJ-FL-003 Optional Rev 9/2020 DV/Elder Abuse RO Petition to Declare Minor Free from Parental FamLaw SJ-AD-003 Optional Rev 9/2020 Custody Petition for Grandparent Visitation (FC3102 FamLaw SupCt-284 Optional Rev 9/2020 et seq) Order Declaring Minor Free from Parental FamLaw SJ-AD-004 Optional Rev 9/2020 Custody and Control

FamLaw FL101 Marital Settlement Agreement (No Children) Optional 7/2016

FamLaw FL100 Marital Settlement Agreement (Children) Optional 7/2016

FamLaw FL105 Settlement Conference Statement Optional 12/2016

FamLaw FL107 Trial Brief Optional 12/2016

FamLaw FL80 Request for Discovery Conference Optional 4/2018

Ex Parte Application for Videoconference

FamLaw SJ-FL-004 Optional 9/2020 Appearance at Trial and Order

Same as

Juvenile Prop 64 – Juvenile Petition Mandatory 1/2017 name

111

Superior Court of California for the County of San Joaquin

Checklist for filing a Petition for Visitation in a

Probate GC-020 INFO ONLY 7/2005 Guardianship case packet Probate SJPR-108 Petition for Visitation Optional 7/2005

Probate SJPR-109 Order for Visitation Optional 7/2005

Probate SJPR-105 Guardianship Questionnaire Optional No date

Probate INFO ONLY Guardianship Documents INFO ONLY 9/2011

Objection to Petition for Appointment of

Probate SJPR-101 Optional 1/2020 Guardian Declaration of Due Diligence (Probate Probate SJPR-102 Mandatory 1/2020 Guardianship & Conservatorships) Petition to Increase Bond, Decrease Bond Probate SJPR-103 Mandatory 1/2020 &/or Place Funds in Blocked Account(s)

Probate SJPR-104 Status Report of Administration Optional Rev 9/2020

Notice of Refusal to Petition for Probate of

Probate SJPR-201 Mandatory 1/2020 Will or Codicil

Probate SJPR-106 Conservatee Status Report – Person Only Optional 1/2011

Conservatee Status Report – Person &

Probate SJPR-107 Optional 1/2011 Estate

Probate SJPR-010 Newspapers for Publication INFO ONLY No date

SJPR- Notice of Teleconferencing Appearance and

Probate Mandatory 6/2020 EMERG1 Requirements Checking and Clearing Probate Notes Probate INFO ONLY INFO ONLY 8/2020 Handout

Probate INFO ONLY Preparing for Trial Handout INFO ONLY 8/2020

Records SupCt-109 Request for Records Search and Copies Optional No date Mgmt

Small Claims SupCt-378 Request for Certified Mail (Small Claims) Mandatory 9/2015

Petition of Minor Plaintiff/Defendant for Revised

Small Claims SupCt-458 Appointment of Guardian Ad Litem; Mandatory 10/2019 Acceptance and Order of Court

112

Superior Court of California for the County of San Joaquin

San Joaquin Superior Court – Local Form List by Form Name

Mandatory/

Type Form Name Form # Date Optional

All Dept Government Claim – Judicial Branch Not a local form Mandatory No date

All Dept Drop Box Payment Forms Same as Name Optional No date

All Dept Resources & Referrals INFO ONLY INFO ONLY No date

Stipulation and Order to Participate in

Civil SupCt-441 Mandatory 6/2009 Alternative Dispute Resolution (ADR) Declaration re: Notice of Ex Parte Civil SupCt-260 Mandatory 1/2014 Application Civil Request to Set Default or Uncontested Civil/FamLaw SupCt - 71 Optional/FL 7/2017 Matter for Hearing Mand.

Civil/UD Amendment to Complaint SJ-100 Mandatory 6/1999

Revised

Civil/UD Civil Bench Warrant SupCt-2 Mandatory 10/2019 Revised Civil Declaration of Exemption SupCt-56 Mandatory 8/2019 List of San Joaquin County Newspapers 10/2013 Civil/FamLaw SupCt-64 INFO ONLY w/General Circulation Revised Civil Notice of Appeal – Parking SupCt-3 Mandatory 10/2019

Civil Clerk’s Judgment on Sister-State Judgment SupCt-87 Optional 8/2019

Revised

Civil/UD Order on Request for Temporary Stay SupCt-1 Mandatory 8/2019

Criminal Motion to Terminate Probation Same as name Optional 6/2016

Criminal Proof of Service Same as name Optional 12/2017

Packet for Certificate for Rehabilitation or Criminal Not a local form Optional 1/1998 Pardon (pages 1,2, and 3)

Criminal Prop 47 – Order Same as name Optional 11/2014

Criminal Prop 47 – Petition Same as name Optional 11/2014

Criminal Prop 47 – Response Same as name Optional 11/2014

Prop 47 – Stipulation and Order per PC

Criminal Same as name Optional 5/2016 1170.18(f)

Criminal Prop 64 – Petition Same as name Optional 1/2017

113

Superior Court of California for the County of San Joaquin

Criminal Prop 64 – Response Same as name Optional 1/2017

Prop 64 – Stipulation and Order per PC

Criminal Same as name Optional 1/2017 11361.8(f) Petition for Dismissal per 1203.4 or 1203.4a Criminal CR-180/ 181 Optional 5/2017 (Packet) (pages 1,2,3,4)

FamLaw Adoption Questionnaire SJ-AD-001 Mandatory Rev 6/2020

FamLaw At-Issue Memorandum SupCt-43 Mandatory 5/2019

FamLaw Client Complaint Form SJ-FL-002 Mandatory Rev 9/2020

FamLaw Client Complaint Information SJ-FL-001 INFO ONLY Rev 9/2020

FamLaw Declaration of Custodial Parent SJ-AD-002 Mandatory Rev 9/2020

Declaration for Issuance of Writ of

FamLaw SupCt-115 Optional 9/1990 Execution and Order Declaration of Mailing or of Inability to FamLaw SupCt-125 Optional 9/1990 Ascertain Address Ex Parte Request and Order to Vacate FamLaw SJ-FL-003 Optional Rev 9/2020 DV/Elder Abuse RO Petition to Declare Minor Free from FamLaw SJ-AD-003 Optional Rev 9/2020 Parental Custody Petition for Grandparent Visitation (FC3102 FamLaw SupCt-284 Optional Rev 9/2020 et seq) Order Declaring Minor Free from Parental FamLaw SJ-AD-004 Optional Rev 9/2020 Custody and Control

FamLaw Marital Settlement Agreement (No Children) FL101 Optional 7/2016

Marital Settlement Agreement

FamLaw FL100 Optional 7/2016 (Children)

FamLaw Settlement Conference Statement FL105 Optional 12/2016

FamLaw Trial Brief FL107 Optional 12/2016

FamLaw Request for Discovery Conference FL80 Optional 4/2018

Ex Parte Application for Videoconference

FamLaw SJ-FL-004 Optional 9/2020 Appearance at Trial and Order

Juvenile Prop 64 – Juvenile Petition Same as name Mandatory 1/2017

Notice of Teleconference Appearance and

Probate (SJPR-001) Mandatory 7/2021 Requirements

Probate Petition for Visitation SJPR-108 Optional 7/2021

114

Superior Court of California for the County of San Joaquin

Probate Order for Visitation SJPR-109 Optional 7/2021

Probate Objection to Petition for Visitation SJPR-206 Optional 1/2021

Probate Petition for Visitation Checklist INFO ONLY INFO ONLY 1/2021

Probate Confidential Guardianship Questionnaire SJPR-105 Mandatory 7/2021

Probate Objection to Guardianship Instructions INFO ONLY INFO ONLY 10/2020

Objection to Petition for Appointment of

Probate SJPR-101 Optional 1/2020 Guardian Declaration of Due Diligence (Probate Probate SJPR-102 Mandatory 1/2020 Guardianships & Conservatorships) Petition to Increase Bond, Decrease Bond Probate SJPR-103 Mandatory 1/2020 &/or Place Funds in Blocked Account(s) Order to Increase Bond, Decrease Bond Probate SJPR-103A Mandatory 1/2020 &/or Place Funds in Blocked Accounts(s)

Probate Status Report of Administration SJPR-104 Optional Rev 9/2020

Notice of Refusal to Petition for Probate of

Probate SJPR-201 Mandatory 1/2020 Will or Codicil

Probate Confidential Conservatorship Questionnaire (SJPR-207) Mandatory 7/2021

Probate Conservatee Status Report – Person Only SJPR-106 Optional 1/2011

Conservatee Status Report – Person &

Probate SJPR-107 Optional 1/2011 Estate

Probate Newspapers for Publication INFO ONLY INFO ONLY No date

Notice of Teleconferencing Appearance and

Probate SJPR-EMERG1 Mandatory 6/2020 Requirements Checking and Clearing Probate Notes Probate INFO ONLY INFO ONLY 8/2020 Handout

Probate Preparing for Trial Handout INFO ONLY INFO ONLY 8/2020

Probate Petition to Terminate Conservatorship SJPR-204 Optional 11/2020

Probate Order Terminating Conservatorship SJPR-204A Optional 1/2021

Objection to Petition to Terminate

Probate SJPR-202 Optional 11/2020 Guardianship or Conservatorship Petition to Remove Guardian or Probate SJPR-203 Optional 11/2020 Conservator

Probate Petition Tendering Resignation of Guardian SJPR-205 Optional 11/2020

Trust Documents Cover Sheet Probate SJPR-301 Mandatory 3/2021 (Confidential)

Probate Lineal Chart A Optional Optional 1/2021

115

Superior Court of California for the County of San Joaquin

Probate Lineal Chart B Optional Optional 1/2021

Probate Lineal Chart C Optional Optional 1/2021

Declaration in Support of Affidavit re Real

Probate (SJPR-305) Mandatory 7/2021 Property of Small Value Records Request for Records Search and Copies SupCt-109 Optional No date Management

Small Claims Request for Certified Mail (Small Claims) SupCt-378 Mandatory 9/2015 Petition of Minor Plaintiff/Defendant for Small Claims Appointment of Guardian Ad Litem; SupCt-458 Mandatory 10/2019 Acceptance and Order of Court

116

Superior Court of California for the County of San Joaquin

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 180 E. Weber Avenue Phone: (209) 992-5695 Stockton, CA 95202 Effective July 1, 2021

INDEX

RULE PAGE ADOPTION PROCEEDINGS KINSHIP AGREEMENTS .............................................................................................. 8-101 82 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS - CAPTION .............................................................................................. 8-201 82 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT .............................................................................................. 8-202 82 CIVIL ADMINISTRATION OF GENERAL CIVIL LITIGATION .............................................................................................. 3-102 24 ALTERNATIVE DISPUTE RESOLUTION .............................................................................................. 3-121 37 ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES .............................................................................................. 3-111 33 CHAMBERS CONFERENCES AND EX PARTE MATTERS .............................................................................................. 3-114 35 CIVIL LAW AND MOTION .............................................................................................. 3-113 34 NEUTRAL EVALUATION .............................................................................................. 3-125 42 CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED PERSON .............................................................................................. 3-110 33 JUDICIAL ARBITRATION .............................................................................................. 3-122 38 DEATH OF A PARTY .............................................................................................. 3-109 33 DIRECT CALENDARING OF CIVIL CASES .............................................................................................. 3-101 24 EX PARTE APPLICATIONS AND ORDERS .............................................................................................. 3-106 32 EXPEDITED JURY TRIAL …………………………………………………………………… .3-127 43 IMPLEMENTATION .............................................................................................. 3-100 24 JURY FEES AND EXPENSES .............................................................................................. 3-116 36

117

Superior Court of California for the County of San Joaquin

ORDERS SHORTENING TIME .............................................................................................. 3-112 34 [Repealed 07/01/15] .............................................................................................. 3-115 36 BINDING ARBITRATION .............................................................................................. 3-124 42 PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM .............................................................................................. 3-107 32 COURTESY COPIES OF BRIEFS AND PAPERS .............................................................................................. 3-117 36 RESERVED FOR FUTURE USE .............................................................................................. 3-118 36 RESERVED FOR FUTURE USE .............................................................................................. 3-119 36 PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS .............................................................................................. 3-108 32 PROPOSED FINDING, ORDER, JUDGMENT OR DECREE .............................................................................................. 3-105 32 CIVIL MEDIATION PROGRAM .............................................................................................. 3-123 39 SETTLEMENT CONFERENCE PROCEDURES .............................................................................................. 3-104 29 SUBSTITUTE SERVICE .............................................................................................. 3-120 36 TELEPHONE APPEARANCES .............................................................................................. 3-103 29 TRIAL BY REFERENCE ............................................................................ 3-126 42 SISTER STATE MONEY JUDGMENTS .............................................................................................. 3-128 43 CRIMINAL ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS .............................................................................................. 2-110 22 BAIL SCHEDULE RULE .............................................................................................. 2-113 22 CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS .............................................................................................. 2-112 22 DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE .............................................................................................. 2-102.2 19 DISCOVERY IN CRIMINAL CASES .............................................................................................. 2-100 17 JURY INSTRUCTIONS .............................................................................................. 2-106 21 MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON- JUDICIAL HOLIDAYS .............................................................................................. 2-107 21

118

Superior Court of California for the County of San Joaquin

MEMORANDUM OF POINTS AND AUTHORITIES .............................................................................................. 2-102 18 MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL .............................................................................................. 2-108 21 MOTIONS AT TRIAL .............................................................................................. 2-103 19 MOTIONS TO STRIKE PRIOR CONVICTIONS .............................................................................................. 2-101.1 18 MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE .............................................................................................. 2-102.1 18 PRE-TRIAL CONFERENCES .............................................................................................. 2-105 20 PRE-TRIAL MOTIONS .............................................................................................. 2-101 17 REQUESTS TO MODIFY JUDGMENT .............................................................................................. 2-111 22 SANCTIONS .............................................................................................. 2-104 20 SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368 …………………………………………………………………… 2-114 22 TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES .............................................................................................. 2-109 21 ELECTRONIC FILING .............................................................................................. .6 70 [Repealed 01/01/20] .............................................................................................. 6-100 72 [Repealed 01/01/20] .............................................................................................. 6-101 72 FAMILY LAW AT-ISSUE MEMORANDUMS .............................................................................................. 7-108 76 COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS .............................................................................................. 7-114 78 DEFAULTS .............................................................................................. 7-107 76 DUTIES OF FAMILY LAW FACILITATOR .............................................................................................. 7-112 77 EMERGENCY ORDERS .............................................................................................. 7-100 73 PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS .............................................................................................. 7-106 75' FAMILY LAW TENTATIVE RULINGS .............................................................................................. 7-111 77

119

Superior Court of California for the County of San Joaquin

JUDICIAL CAVEAT .............................................................................................. 7-113 78 MEDIATION .............................................................................................. 7-104 74 MEET AND CONFER REQUIREMENT .............................................................................................. 7-103 74 NOTIFICATION TO COURT OF OTHER PROCEEDINGS .............................................................................................. 7-102 73 DECLARATION SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER .................................................................................................. 7 -102.5 73 ORDER EXCLUDING A PARTY FROM THE HOME .............................................................................................. 7-101 73 PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION ……………………………………………………………………7-110.5 77 SETTLEMENT CONFERENCES .............................................................................................. 7-110 76 RESULT OF FAILURE TO COMPLY WITH RULES .............................................................................................. 7-109 76 SUPPORT .............................................................................................. 7-105 75 TELEPHONIC APPEARANCE AT HEARING ……………………………………………………………………… 7-116 82 VIDEOCONFERENCE APPEARANCE ................................................................................................ 7 -115 79 INTERVIEW FOR MINOR TO MARRY OR ENTER DOMESTIC PARTNERSHIP………………………………………………………7-117 84

GENERAL JUDICIAL VACATION DAY DEFINED .............................................................................................. 1-111 16 SELECTION OF COURT COMMISSIONERS .............................................................................................. 1-112 16 COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE .............................................................................................. 1-109 13 COURT CALENDARS .............................................................................................. 1-101 6 DANGEROUS, LARGE OR BULKY EXHIBITS .............................................................................................. 1-110 13 EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION .............................................................................................. 1-100 6 FIREARMS .............................................................................................. 1-106 8 INTERPRETERS .............................................................................................. 1-104 7 MEDIA COVERAGE .............................................................................................. 1-107 8 RESERVED FOR FUTURE USE .............................................................................................. 1-103 7

120

Superior Court of California for the County of San Joaquin

SELECTION AND IMPANELMENT OF JURORS .............................................................................................. 1-102 6 TRANSFER OF ADMINISTRATIVE PROCEDURES .............................................................................................. 1-105 7 USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT .............................................................................................. 1-108 12 JUVENILE APPLICATION OF THESE RULES .............................................................................................. 5-407 65 ATTORNEY COMPLAINT PROCESS .............................................................................................. 5-408 65 CALENDAR PRIORITY .............................................................................................. 5-502 68 CHILD ADVOCATES .............................................................................................. 5-411 66 EX PARTE APPLICATIONS .............................................................................................. 5-200 63 FAMILY LAW ADVOCACY .............................................................................................. 5-504 68 GENERAL COMPETENCY REQUIREMENT .............................................................................................. 5-400 64 MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT .............................................................................................. 5-404 65 MINORS' INTERESTS IN OTHER PROCEEDINGS .............................................................................................. 5-409 65 DIRECT CALENDARING OF JUVENILE DELIQUENCY CASES .............................................................................................. 5-506 68 PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 .............................................................................................. 5-405 65 PETITIONS TO MODIFY (§388 W&I) .............................................................................................. 5-300 63 RESERVED FOR FUTURE USE [Repealed 01/01/14] .............................................................................................. 5-401 64 PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS .............................................................................................. 5-100 63 RECIPROCAL DISCOVERY .............................................................................................. 5-507 69 RELEASE OF INFORMATION TO ADVOCATE .............................................................................................. 5-500 67 REPRESENTATION OF MINORS .............................................................................................. 5-403 64 RIGHT TO APPEAR .............................................................................................. 5-505 68 RIGHT TO TIMELY NOTICE .............................................................................................. 5-501 68

121

Superior Court of California for the County of San Joaquin

SCREENING FOR COMPETENCY .............................................................................................. 5-402 64 TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS .............................................................................................. 5-406 65 THE ADVOCATE PROGRAM .............................................................................................. 5-410 65 VISITATION THROUGHOUT DEPENDENCY .............................................................................................. 5-503 68 PROBATE - PART EIGHT - MINORS COMPROMISE ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS .............................................................................................. 4-801 61 RESERVED FOR FUTURE USE [Repealed 01/01/20] .............................................................................................. 4-804 62 SETTLEMENTS CREATING A TRUST .............................................................................................. 4-803 62 SETTLEMENTS WITH AN ANNUITY .............................................................................................. 4-802 62 PROBATE - PART FIVE - CONSERVATORSHIP APPOINTMENT OF COURT INVESTIGATOR .............................................................................................. 4-501 57 COMPENSATION AND FEES .............................................................................................. 4-505 57 RESERVED FOR FUTURE USE [Repealed 01/01/20] .............................................................................................. 4-502 57 DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILED .............................................................................................. 4-509 60 SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS .............................................................................................. 4-507 59 RESERVED FOR FUTURE USE [Repealed 01/01/20] .............................................................................................. 4-504 57 START UP FEE .............................................................................................. 4-510 60 SUBSTITUTED JUDGMENT .............................................................................................. 4-508 59 TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING .............................................................................................. 4-503 57 WAIVER OF ACCOUNTING—WHEN PERMITTED .............................................................................................. 4-506 59 PROBATE - PART FOUR - TRUSTS FEES .............................................................................................. 4-401 55 RESERVED FOR FUTURE USE [Repealed 01/01/13] .............................................................................................. 4-403 56 REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE .............................................................................................. 4-402 56

122

Superior Court of California for the County of San Joaquin

PROBATE - PART ONE - GENERAL PROCEDURAL GUIDE ADDITIONAL INFORMATION REQUIRED .............................................................................................. 4-107 46 REQUESTING A CONTINUANCE .............................................................................................. 4-111 47 CONSOLIDATION WITH THE LOWEST NUMBER .............................................................................................. 4-105 45 CONTESTED MATTERS .............................................................................................. 4-103 45 CAPTION ON PLEADINGS .............................................................................................. 4-112 48 EX PARTE APPLICATIONS .............................................................................................. 4-106 45 COURT CREATED TRUSTS …………………………………………………………………….4-113 48 PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY …………………………………………………………………….4-114 48 ALL PETITIONS .............................................................................................. 4-101 44 RESERVED FOR FUTURE USE [Repealed 01/01/20] .............................................................................................. 4-110 47 UNCONTESTED MATTERS .............................................................................................. 4-102 45 WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING .............................................................................................. 4-109 47 WHEN PERSONAL APPEARANCE REQUIRED .............................................................................................. 4-104 45 ORDERS-CONTENTS, ATTACHMENTS & SIGNATURE PAGE .............................................................................................. 4-108 47 COSTS GENERALLY NOT ALLOWED COUNSEL, ADMINISTRATOR OR TRUSTEE ............................................................................................... 4-115 49 MEET AND CONFER REQUIREMENT ............................................................................................... 4-116 49 PROBATE - PART SEVEN - GUARDIANSHIP RESERVED FOR FUTURE USE [Repealed 01/01/20 (Incorporated in to 4-703)] .............................................................................................. 4-702 61 APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON .............................................................................................. 4-703 61 GUARDIANSHIP OF PARTICULAR PROPERTY .............................................................................................. 4-704 61

GUARDIANSHIP RULES ............................................................................................. 4-701 61 PROBATE - PART SIX - PARTICULAR TRANSACTIONS PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT

123

Superior Court of California for the County of San Joaquin

.............................................................................................. 4-601 61

PROBATE - PART THREE - SPOUSAL PROPERTY PETITIONS PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME .............................................................................................. 4-301 55 WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT .............................................................................................. 4-302 55 PROBATE - PART TWO - DECEDENTS’ ESTATES RESERVED FOR FUTURE USE [Repealed 01/01/20] .............................................................................................. 4-202 49 APPLICATION FOR FAMILY ALLOWANCE .............................................................................................. 4-206 50 CONTRACTS WITH BROKER OR AGENT .............................................................................................. 4-205 50 RESERVED FOR FUTURE USE [Repealed 01/01/14] .............................................................................................. 4-211 51 COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A. .............................................................................................. 4-204 50 EXTRAORDINARY ATTORNEY FEES .............................................................................................. 4-213 52 FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT .............................................................................................. 4-212 51 FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED .............................................................................................. 4-214 52 FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION .............................................................................................. 4-210 51 MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION .............................................................................................. 4-216 53 NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES …………………………………………………………………… 4-201 49 NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD .............................................................................................. 4-218 54 PETITION FOR PRELIMINARY DISTRIBUTION .............................................................................................. 4-207 50 NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL .............................................................................................. 4-203 49

124

Superior Court of California for the County of San Joaquin

REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION .............................................................................................. 4-208 51 REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION .............................................................................................. 4-215 52 REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION .............................................................................................. 4-217 54 STATUS REPORTS .............................................................................................. 4-209 51 RULE 9. RESERVED FOR FUTURE USE [Repealed 07/01/15] ............................................................................. 9 84 APPELLATE DIVISION

JURISDICTION

……………………………………………………………………...10-100 85

JUDICIAL ASSIGNMENT AND SESSIONS

…………………………………………………….….…………….10-101 85

RECORD ON APPEAL

…………………… ..……………………………………………….10-102 85

REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT

…………………………………………………..…………………..10-103 85

USE OF OFFICIAL ELECTRONIC RECORDING

……………………………………………………………………….10-104 86

BRIEFS

……………………………………………………………………….10-105 86

APPOINTED COUNSEL

………………………………………………………………………10-106 86

[Repealed 01/01/18]

……………………………………………………………………… ..10-107 86

125