San Mateo — Local Court Rules (Effective July 1, 2026)

Source: https://sanmateo.courts.ca.gov/system/files/local-rules/localrules.pdf

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO

LOCAL COURT RULES

As Amended Effective July 1, 2026

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center, 2nd Floor Redwood City, California 94063

Superior Court of California, County of San Mateo

TABLE OF CONTENTS FILING INSTRUCTIONS LIST OF EFFECTIVE RULES

INTRODUCTION DIVISION I

APPELLATE DEPARTMENT

DIVISION II

COURT MANAGEMENT - SUPERIOR COURT

DIVISION III

CIVIL LAW AND MOTION - SUPERIOR COURT

DIVISION IV

PROBATE DEPARTMENT

DIVISION V

FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

DIVISION VI

OTHER SPECIAL DEPARTMENTS AND CALENDARS

DIVISION VII

CLASS ACTIONS

DIVISION VIII

SPECIAL MASTERS/REFEREES - SUPERIOR COURT

DIVISION IX

CRIMINAL DEPARTMENT

DIVISION X

JUDICIAL ARBITRATION FOR CIVIL CASES - SUPERIOR COURT

DIVISION XI CIVIL RULES

ATTACHMENT I LOCAL COURT FORMS

ALPHABETICAL INDEX

Superior Court of California, County of San Mateo Return to Table of Contents LOCAL COURT RULES FILING INSTRUCTIONS UPDATES EFFECTIVE JULY 1, 2026

Please update your Superior Court of California, County of San Mateo Local Rules Binder by removing and inserting the attached amendments by following these instructions:

REMOVE THESE EXISTING PAGES INSERT THESE NEW PAGES

1. From the front of the binder a) Cover Page a) Cover Page b) Filing Instructions b) Filing Instructions c) List of Currently Effective Rules c) List of Currently Effective Rules
2. Division IV (400-456) Division IV (400-456) Attachment I-Local Court Forms Attachment I-Local Court Forms Revisions effective July 1, 2026

The following are the sections revised that become effective on July 1, 2026: Cover Page Filing Instructions List of Currently Effective Rules Division IV Attachment I-Local Court Forms

Revisions effective January 1, 2026

The following are the sections revised that become effective on January 1, 2026: Cover Page Filing Instructions List of Currently Effective Rules Division I Division II Division III Division IV Division V Division IX Alphabetical Index

Revisions effective July 1, 2025

The following are the sections revised that become effective on July 1, 2025: Cover Page Filing Instructions List of Currently Effective Rules Division II Division III Division IV Division V

Filing Instructions - iii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Alphabetical Index Attachment I-Local Court Forms

Revisions effective January 1, 2025

The following are the sections revised that become effective on January 1, 2025: Cover Page Filing Instructions List of Currently Effective Rules Division II Division III Division IV Alphabetical Index

Revisions effective July 1, 2024

The following are the sections revised that become effective on July 1, 2024:

Cover Page Filing Instructions List of Currently Effective Rules Division II (200-210) Division III (300-323) Division IV (400-452) (w/ TOC) Division IX (900-904) (w/ TOC) Alphabetical Index Attachment I-Local Court Forms

Revisions effective January 1, 2024

The following are the sections revised that become effective on January 1, 2024: Cover Page Filing Instructions List of Currently Effective Rules Division II Division III Division VI (w/TOC) Alphabetical Index

Revisions effective July 1, 2023

The following are the sections revised that become effective on July 1, 2023: Cover Page Filing Instructions List of Currently Effective Rules Division III Division V Division V, Appendix 2 Attachment I-Local Court Forms Alphabetical Index Filing Instructions - iv - Revised 07/01/2026

Superior Court of California, County of San Mateo

Revisions effective January 1, 2023

The following are the sections revised that become effective on January 1, 2023: Cover Page Filing Instructions List of Currently Effective Rules Division II (w/ TOC) Division III Division IV Division V Division IX Attachment I-Local Court Forms Alphabetical Index

Revisions effective July 1, 2022

The following are the sections revised that become effective on July 1, 2022: Cover Page Filing Instructions List of Currently Effective Rules Division II (w/ TOC) Division III Division IV Division IX Alphabetical Index

Revisions effective January 1, 2022

The following are the sections revised that become effective on January 1, 2022: Cover Page Filing Instructions List of Currently Effective Rules Division I Division II Division III Division IV Attachment I-Local Court Forms

Revisions effective July 1, 2021

The following are the sections revised that become effective on July 1, 2021: Cover Page Filing Instructions List of Currently Effective Rules Division I Division II Division III Division VI Filing Instructions - v - Revised 07/01/2026

Superior Court of California, County of San Mateo

Division V Alphabetical Index

Revisions effective January 1, 2021

The following are the sections revised that become effective on January 1, 2021: Cover Page Filing Instructions List of Currently Effective Rules Division II Division III Division VI Division VIII Division X Division XI Alphabetical Index

Revisions effective July 1, 2020

The following are the sections revised that become effective on July 1, 2020: Cover Page Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division IX Attachment 1

Revisions effective January 1, 2020

The following are the sections revised that become effective on January 1, 2020: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Local Court Forms Alphabetical Index Division I Division II Division III Division IV Division V Division VI Division IX

Revisions effective July 1, 2019

The following are the sections revised that become effective on July 1, 2019: Filing Instructions - vi - Revised 07/01/2026

Superior Court of California, County of San Mateo

Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division IV

Revisions effective January 1, 2019

The following are the sections revised that become effective on January 1, 2019: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division III Division IV Division VI Division IX

Revisions effective July 1, 2018

The following are the sections revised that become effective on January 1, 2018: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division III Division IV Division V

Revisions effective January 1, 2018

The following are the sections revised that become effective on January 1, 2018: Cover Page Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division IV

Revisions effective July 1, 2017

The following are the sections revised that become effective on July 1, 2017: Cover Page Filing Instructions - vii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Division II Division V, Appendix 1

Revisions effective January 1, 2017

The following are the sections revised that become effective on January 1, 2017: Cover Page and Update Instructions Table of Contents Summary of Changes List of Currently Effective Rules Division II Division V, Division VII

Revisions effective January 1, 2016

The following are the sections revised that become effective on January 1, 2016: Cover Page and Update Instructions Table of Contents Summary of Changes List of Currently Effective Rules Alphabetical Index Division V Attachment “I” Local Court Forms

Revisions effective July 1, 2015

The following are the sections revised that become effective on July 1, 2015: Cover Page and Update Instructions Table of Contents Summary of Changes List of Currently Effective Rules Alphabetical Index Division II Division III Division VI

Revisions effective January 1, 2015

The following are the sections revised that become effective on January 1, 2015: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Filing Instructions - viii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Alphabetical Index Division III Division IV Division V

Revisions effective January 1, 2014

The following are the sections revised that become effective on January 1, 2014: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Alphabetical Index Division II Division III Division IV Division V

Revisions effective July 1, 2013

The following are the sections revised that become effective on July 1, 2013: Cover Page and Update Instructions Table of Contents Filing Instructions Summary of Changes List of Currently Effective Rules Alphabetical Index Division IV Division V Division VI Division XI

Revisions effective January 1, 2013

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II Division III Division IV Division V (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Division VI (Table of Contents and pages 500-528 and all Appendices 1 and 2 with revised Table of Contents and pages 500-528 and all Appendices 1 and 2) Filing Instructions - ix - Revised 07/01/2026

Superior Court of California, County of San Mateo

Division XI Attachment “I” Local Court Forms (New) – insert at the end of the set of the Local Court Rules

Revisions effective July 1, 2012

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division IV (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-528 and all Appendices 1 and 2 with revised Table of Contents and pages 500-528 and all Appendices 1 and 2) Attachment “I” Local Court Forms (New) – insert at the end of the set of the Local Court Rules

Revisions effective January 1, 2012

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II (Table of Contents and pages 200 to 216 with revised Table of Contents and pages 200 to 217) Division IV (Table of Contents and pages 400-452 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-528 and all Appendices 1 and 2 with revised Table of Contents and pages 500-528 and all Appendices 1 and 2)

Revisions effective July 1, 2011

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II (Table of Contents and pages 200 to 216) Division IV (Table of Contents and pages 400-451 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-529 and all Appendices 1 and 2 Filing Instructions - x - Revised 07/01/2026

Superior Court of California, County of San Mateo

Revisions effective January 1, 2011

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division IV (Table of Contents and pages 400-451 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-528 and all Appendices 1 and 2 with revised Table of Contents and pages 500-528 and Appendices 1 and 2).

Revisions effective July 1, 2010

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division IV (Table of Contents and pages 400-451 with revised Table of Contents and pages 400-452) Division V (Table of Contents and pages 500-528 and all Appendices 1 and 2 with revised Table of Contents and pages 500-528 and Appendices 1 and 2). Division VIII (Table of Contents and pages 800-801)

Revisions effective January 1, 2010

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Introduction (remove pages 1 to 4 and replace with new pages 1 to 4) Division II (Table of Contents and pages 200-216 with revised Table of Contents and pages 200-216) Division V (Table of Contents and pages 500-528 and all Appendices 1 through 6 with revised Table of Contents and pages 500-528 and Appendices 1 and 2).

Revisions effective July 1, 2009

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Filing Instructions - xi - Revised 07/01/2026

Superior Court of California, County of San Mateo

Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division I (Table of Contents and pages 100-107 with revised Table of Contents and pages 100-107) Division IV (Revised Table of Contents and pages 400-452 with new materials) Division V (Replace Appendix “I” Local Court form FL-3 (2 pages) with the revised Local Court Form FL-3 (2 pages) revised 1/1/2009). Division IX (replace Table of Contents and pages 900- 903 with Revised Table of Contents and pages 900-903)

Revisions effective January 1, 2009

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division I (Revised Table of Contents and Rules text) Division II (replace page 209) Division IV (Revised Table of Contents and pages 400-452 with new materials) Division V (Revised Table of Contents and pages 500-528)) Division X (replace Table of Contents and page 1000 with Revised Table of Contents and pages 1000-1001) Division XI (replace Table of Contents and pages 1100-1106 with Revised Table of Contents and pages 1100-1104).

Revisions effective July 1, 2008

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division III (replace page 3.1, minor change to Rule 3.7 citations) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text)

Revisions effective January 1, 2008

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Filing Instructions - xii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division II (Revised Table of Contents and Rules text) Division III (Revised Table of Contents and Rules text) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text) Division IX (Revised Table of Contents and Rules text) Division XI (Revised Table of Contents and Rules text)

Revisions effective July 1, 2007

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Division III (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text)

Revisions effective January 1, 2007

To update your Local Court Rules please replace the following sections and pages: Cover Page and Update Instructions Table of Contents Summary of Changes Filing Instructions List of Currently Effective Rules Alphabetical Index Introduction and Rules 0.1 to 0.9 Division II (Revised Table of Contents and Rules text) Division III (Revised Table of Contents and Rules text) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text) Division VI (Revised Table of Contents and Rules text) Division III (Revised Table of Contents and Rules text) Division IX (Revised Table of Contents and Rules text) Division X (Revised Table of Contents and Rules text) Division XI (Revised Table of Contents and Rules text)

Revisions effective July 1, 2006

To update your Local Court Rules please replace the following sections and pages: Cover Page and Filing Instructions Table of Contents Summary of Changes Filing Instructions - xiii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Alphabetical Index List of Currently Effective Rules and Alphabetical Index Division IV (Revised Table of Contents and Rules text) Division IX (Revised Table of Contents and Rules text)

Revisions effective January 1, 2006

To update your Local Court Rules please replace the following sections and pages: Cover Page and Filing Instructions Table of Contents Summary of Changes Alphabetical Index List of Currently Effective Rules and Alphabetical Index Division II (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text)

Revisions effective July 1, 2005

To update your Local Court Rules please replace the following sections and pages: Cover Page and Filing Instructions Table of Contents Summary of Changes Alphabetical Index List of Currently Effective Rules and Alphabetical Index Division II (Revised Table of Contents and Rules text) Division III (Revised Table of Contents and Rules text) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text) Division VIII (Revised Table of Contents, Rules text and Appendices I through VI) Division IX (Revised Table of Contents and Rules text) Division XI (Revised Table of Contents and Rules text)

Revisions effective January 1, 2005

To update your Local Court Rules please replace the following sections and pages: Cover Page and Filing Instructions Table of Contents Summary of Changes Alphabetical Index List of Currently Effective Rules and Alphabetical Index Division II (Revised Table of Contents and Rules text) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text) Division VIII (Revised Table of Contents, Rules text and Appendices I through VI) Division X (Revised Table of Contents and Rules text)

Revisions effective July 1, 2004

Cover Page and Filing Instructions

Filing Instructions - xiv - Revised 07/01/2026

Superior Court of California, County of San Mateo

Table of Contents Summary of Changes Alphabetical Index List of Currently Effective Rules and Alphabetical Index Division II (Revised Table of Contents and Rules text) Division IV (Revised Table of Contents and Rules text) Division V (Revised Table of Contents and Rules text)

Revisions effective January 1, 2004

To update your Local Court Rules, please replace the following sections and pages: Summary of Changes Filing Instructions List of Effective Rules and Alphabetical Index Division V-Table of Contents and Rules, Replace entire section

Revisions effective July 1, 2003

To update your Local Court Rules, please replace the following sections and pages: List of Effective Rules and Alphabetical Index Division II-Table of Contents, Replace entire section Division IV – Table of Contents; Replace entire section Division V – Table of Contents; Replace entire section Division IX – Table of Contents; Replace entire section

Revisions effective January 1, 2003

To update your Local Court Rules, please replace the following sections and pages: List of Effective Rules and Alphabetical Index Introduction Section – Replace entire section Division II-Table of Contents, Replace entire section Division IV – Table of Contents; Replace entire section Division V – Table of Contents; Replace entire section Division IX – Table of Contents; replace page 901 with new page 901

Revision effective January 1, 2002

Replace Rules List, Alphabetical Index, Introduction Division II index and pages 208-211, and Division VIII index and pages 801-802.

Revision effective January 1, 2000

Replace Rules List, Alphabetical Index, Divisions II, III, IV and V

Revision effective July 1, 1997

Replace Introduction Index, Page 4; Replace page 7 of Introduction

Revision effective January 1, 1997

Filing Instructions - xv - Revised 07/01/2026

Superior Court of California, County of San Mateo

Replace Division XI Index, Page 1; Replace Page 1100/1101 in Division XI.

Revisions effective July 1, 1996

To update your Local Rules of Court, please replace entirely all existing Rules of both the Superior Court and the Municipal Court of San Mateo County.

Filing Instructions - xvi - Revised 07/01/2026

Return to TableSuperior Court of California, County of San Mateo of Contents

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO - LOCAL RULES

LIST OF CURRENTLY EFFECTIVE RULES January 1, 2026

INTRODUCTION

Important Instructions for Using These Rules (Amended 1/1/2010)

Rule 0.1 Adoption and Amendment of Rules (Eff. 7/1/96) Rule 0.2 Sanctions (Eff. 7/1/96) (Amended, Eff 1/1/07)

Rule 0.3 Court Security (Eff. 7/1/96) Rule 0.4 Reserved Rule 0.5 Civil Appeals Fees (Eff. 7/1/96) (Amended, Eff 1/1/07) Rule 0.6 REPEALED[Court Consolidation and Coordination] (Eff. 7/1/96)(Repealed 1/1/2002) Rule 0.7 Court Designation/Caption (Eff. 7/1/96)(Amended 1/1/2002) Rule 0.8 Contents of Proof of Service (Eff. 7/1/96) (Amended, Eff 1/1/07) Rule 0.9 Standing Orders (Eff. 7/1/97)(Amended 1/1/2003)

DIVISION I - RULES ON APPEAL TO THE APPELLATE DEPARTMENT

CHAPTER I. APPELLATE DEPARTMENT RULES

Former Rule 1.1 Sessions (Eff. 7/1/96) (Repealed, eff. 1/1/09)
Former Rule 1.2 Briefs (Eff. 7/1/96) (Repealed, eff. 1/1/09)
Former Rule 1.3 Decisions (Eff. 7/1/96) (Repealed, eff. 1/1/09)
Former Rule 1.4 Rehearing and Finality of Judgments (Eff. 7/1/96) (Repealed, eff. 1/1/09)
Rule 1.0 General Provisions (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.1 Notice of Appeal (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.2 Stay Orders (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.3 Appointed Counsel in Misdemeanor Appeals (Adopted, eff. 1/1/09) (Amended,
eff. 7/1/09)
Rule 1.4 Record on Appeal (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09) (Amended, eff
1/1/20) (Amended, eff 7/1/21)
Rule 1.5 Briefs (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09) (Amended, eff. 1/1/22)
(Amended, eff. 1/1/26)
Rule 1.6 Oral Argument (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.7 Decision (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.8 Applications and Motions (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)
Rule 1.9 Extensions and Relief from Default (Adopted, eff. 1/1/09)
(Amended, eff. 7/1/09)
Rule 1.10 Writs (Adopted, eff. 1/1/09) (Amended, eff. 7/1/09)

DIVISION II - COURT MANAGEMENT - SUPERIOR COURT

CHAPTER 1. FORM AND SERVICE OF PAPERS

Rule 2.0 Transfer of Court-Related Functions of the County Clerk to the Superior Court (Eff. 7/1/96) Rule 2.1 Form of Papers Presented for Filing (Eff. 7/1/96) (Amended, Eff 1/1/07) (Amended, eff 1/1/20)

List of Currently Effective Rules - i - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 2.1.1 REPEALED [Authority From Non-California Jurisdictions (Eff. 7/1/96)] (Eff
1/1/2000)

Rule 2.1.2 REPEALED [Requests for Judicial Notice (Eff. 7/1/96)] (Eff 1/1/2000)
Rule 2.1.3 California Environmental Quality Act (CEQA)(Eff 1/1/99)(Amended, Eff 1/1/17)

Rule 2.1.4 Documents Produced Through a Nonparty (Eff. 1/1/2000)

Rule 2.1.5 Permissive Electronic Filing of Documents – Civil Complex Cases (NEW) (Adopted, eff. 1/1/2014)(Amended, Eff 1/1/17)(Amended, Eff. 7/1/17)(Amended, Eff. 1/1/19) (Amended, Eff. 7/1/19) (Amended, eff 1/1/20) (Amended, eff 7/1/20) (Amended, eff 7/1/21) (Amended, eff 1/1/22)

Rule 2.1.6 Attaching Photographs to Filed Documents Rule 2.1.7 Mandatory Electronic Filing of Documents (Adopted 1/1/20) (Amended, eff 7/1/20) (Amended, eff 7/1/21) (Amended, eff 1/1/22) Rule 2.1.8 Documents That Cannot Be Electronically Filed (Adopted 1/1/20) (Amended, eff 7/1/20) (Amended, eff 7/1/21) (Amended, eff 1/1/25) (Amended, eff 7/1/25) Rule 2.1.9 Lodging of Confidential Discovery Documents (Adopted 1/1/25)

CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES

PART 1. MANAGEMENT DUTIES

Rule 2.2 REPEALED [Trial Court Management (Eff. 1/1/2000)] (Amended, Eff 1/1/07)
(Eff 1/1/2021)

PART 2. CASEFLOW MANAGEMENT

Rule 2.3 REPEALED [New Case Management (Eff. 7/1/96)] (Amend 1/1/2000)
(Amended 1/1/2003) (Amended 1/1/05) (Amended 1/1/06) (Amended, Eff
1/1/07)(Amended 1/1/2010)(Amended, Eff 1/1/17)(Amended, Eff 7/1/17)
(Amended, eff 1/1/20) (Eff 1/1/2021)
Rule 2.3.1 REPEALED Orders to Show Cause re: Dismissals (Eff. 1/1/2000)(Amended
1/1/2003) (Eff 1/1/2021)
Rule 2.4 REPEALED Settlement Conferences (Eff. 7/1/96)(Amended

1/1/2003)(Amended 7/1/2003) (Eff 1/1/2021) (Amended, 7/1/05) (Amended, Eff 1/1/07) (Amended, eff. 1/1/09)

PART 3. CALENDAR MANAGEMENT

Rule 2.5 REPEALED Trial Date Settlement Conferences (Eff. 7/1/96) (Eff 1/1/2021)
Rule 2.6 REPEALED. [Refund of Jury Fees: Duty to notify Court] (Eff. 7/1/96)
(Repealed, Eff. 7/1/04, renumbered 2.7.6)

CHAPTER 3. [RESERVED]

CHAPTER 4. JURY RULES

Rule 2.7 Length of Jury Service (Eff. 1/1/2000) (Amended, Eff 1/1/07)
Rule 2.7.1 Proposed Jury Instructions (Eff. 7/1/96)(Amended 1/1/2002)
(Amended 1/1/2005) (Amended 1/1/06) (Amended, Eff 1/1/07)
Rule 2.7.2 Duty of Counsel with Respect to Jury Instructions (Eff. 1/1/2000) (Amended
1/1/2005) (Amended 1/1/06)(Amended 1/1/2010)
Rule 2.7.3 Form of Proposed Jury Instructions (Eff. 1/1/2000) (Amended 1/1/2006)
(Amended, Eff 1/1/07)

List of Currently Effective Rules - ii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 2.7.4 Changing Jury Instructions (Eff. 1/1/2000)

Rule 2.7.5 Jury Instruction Conference (Eff. 1/1/2000) Rule 2.7.6 Refund of Jury Fees: Duty to notify Court (Eff. 7/1/04)(REPEALED, Eff. 1/1/2013)

Rule 2.7.7 Juror Questionnaires – preparation, approval and printing (Eff. 1/1/2012)

CHAPTER 5. GENERAL RULES

Rule 2.8 Family Law Rules (Eff 7/1/96)

Rule 2.9 Required Action (Eff 7/1/96)

Rule 2.10 Interpreters and Translators (Eff. 1/1/2000)

Rule 2.11 Return of Exhibits in Civil Cases (Eff. 7/1/2011) Rule 2.12 Court Reporter Availability in Civil Actions (Adopted 1/1/20) (Amended, effective 7/1/22) (Amended, effective 1/1/23) (Amended, effective 1/1/24) Rule 2.13 Policy Against Bias (Eff. 7/1/2022) (Amended, effective 1/1/23) Rule 2.14 Generative Artificial Intelligence Policy (Adopted 1/1/26) Rule 2.15 Transfer out of non-criminal cases (Adopted 1/1/26) Rule 2.16 to 2.19 Reserved (Eff. 1/1/2026)

CHAPTER 6. CIVIL TRIAL RULES

Rule 2.20 Trial Motions, Briefs, Statements, and Witness Lists (Eff. 1/1/2002)

Rule 2.21 In Limine Motions (Eff. 1/1/2002)

Rule 2.22 Production of Exhibits (Eff. 1/1/2002)

RULES 2.23 THROUGH 2.29 RESERVED

CHAPTER 7. COMPLEX CASES

Rule 2.30 REPEALED Determination of Complex Case Designation (Adopted, Effective
7/1/2004)
Amended, effective 7/1/2005) (Amended 1/1/06)(Amended, effective 1/1/07)
(Amended, effective 7/1/2015) (Eff 1/1/2021)

CHAPTER 8. ACCESS TO COURT RECORDS

Rules 2.31 to 2.35 Reserved

Rule 2.36 Public Access and Privacy (Adopted, eff 1/1/08) (Amended, effective 7/1/24)
Rule 2.37 Public Access (Adopted, eff 1/1/08)
Rule 2.38 Electronic Access (Adopted, eff 1/1/08)

DIVISION III - DIRECT CALENDAR CIVIL DEPARTMENTS ASSIGNMENT, CASE MANAGEMENT, AND LAW AND MOTION - SUPERIOR COURT

CHAPTER 1. GENERAL PROVISIONS

Rule 3.1 REPEALED Application (Eff. 1/1/2000) (Amended, eff 1/1/20)

CHAPTER 2. FORMAT AND FILING OF PAPERS

Rule 3.2.1 REPEALED Law and Motion Calendars (Eff. 1/1/2000) (Amended, effective
July 1, 2015) (Amended, eff 1/1/20) (Eff 1/1/2021)

List of Currently Effective Rules - iii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 3.2.2 REPEALED Law and Motion Hearings (Adopted 1/1/20) (Eff 1/1/2021)
Rule 3.3 Form of Papers (Eff. 1/1/2000) (Amended, Eff 1/1/07) (Amended, eff 1/1/20)
Rule 3.4 Points and Authorities (Eff. 1/1/2000) (Amended, Eff 1/1/07)
Rule 3.5 Declarations and Affidavits (Effective 1/1/2000) (Amended, Eff 1/1/07)
Rule 3.6 Judicial Notice (Eff. 1/1/2000) (Amended, Eff 1/1/07)

CHAPTER 3. HEARINGS

Rule 3.7 Notice of Hearing and Filing of Papers (Eff. 1/1/2000) (Amended, Eff 1/1/07,
7/1/08)
Rule 3.8 List of Parties (Eff. 1/1/2000) (Amended, Eff 1/1/07)
Rule 3.9 Continuances and Taking Matters Off Calendar (Eff. 1/1/2000) (Amended, Eff
1/1/07) (Amended, eff 1/1/20) (Eff 1/1/2021)
Rule 3.10 Tentative Rulings (Eff. 1/1/2000) (Amended, Eff 1/1/07)(Amended, Eff 7/1/07)
(Amended, effctv January 1, 2014) (Amended, eff 1/1/20) (Eff 1/1/2021)
(Amended, eff 7/1/21)
Rule 3.11 REPEALED Opposition on Ground of Unavailability of Evidence (Eff.7/1/96)
(Eff 1/1/2021)
Rule 3.12 Evidence at Hearing (Eff. 1/1/2000) (Amended, Eff 1/1/07)
Rule 3.13 REPEALED CourtCall Telephonic Appearances (Eff. 1/1/2000)(Amended
7/1/05) (Amended, Eff 1/1/07) (Amended effective 1/1/08) (Eff 1/1/2021)

CHAPTER 4. PARTICULAR PROCEEDINGS

Rule 3.14 REPEALED Motions for Summary Judgment and Summary Adjudication (Eff.
1/1/2000) (Amended, Eff 1/1/07) (Eff 1/1/2021)
Rule 3.15 REPEALED Unlawful Detainers (Eff. 1/1/2000) (Amended, Eff. 1/1/13)
(Amended, Eff. 1/1/15) (Eff 1/1/2021)
Rule 3.16 REPEALED Motions to Continue Arbitration (Eff. 1/1/2000) (Amended, Eff
1/1/07) (Eff 1/1/2021)
Rule 3.17 Motions After Trial (Eff 1/1/96) (Amended, eff 1/1/20)

Rule 3.18 Motions to Reconsider (Eff 1/1/2000) (Eff 1/1/2021) Rule 3.19 Ex Parte Applications and Orders (Eff. 1/1/2000) (Amended, Eff 1/1/07) (Amended, Eff 1/1/19) (Amended, eff 1/1/20) (Eff 1/1/2021) (Amended, eff 7/1/21)

DIRECT CALENDAR CIVIL DEPARTMENTS

Rule 3.100 Application (Eff 1/1/2021)

ASSIGNMENT OF CIVIL CASES

Rule 3.200 Single Assignment of Civil Cases (Eff 1/1/2021) Rule 3.300 Complex Case Designations (Eff 1/1/2021) (Amended, eff 1/1/22)

CIVIL LAW & MOTION CALENDAR

Rule 3.400 Law and Motion in Single Assigned Civil Cases (Eff 1/1/2021) (Amended, eff 7/1/23)

List of Currently Effective Rules - iv - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 3.401 Matters Not Heard in Civil Law and Motion Calendar (Eff 1/1/2021) (Amended, eff 7/1/21)

Rule 3.402 Scheduling Civil Law and Motion Hearings (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.403 Tentative Rulings in Civil Law and Motion (Eff 1/1/2021) (Amended, eff 1/1/24) (Amended, eff 1/1/25)

Rule 3.404 Off Calendar or Continuance of Civil Law & Motion Matters (Eff 1/1/2021)

Rule 3.500 Ex Parte Applications in General Civil Actions and Unlawful Detainer Actions (Eff 1/1/2021) (Amended, eff 1/1/22) (Amended, eff 7/1/23) (Amended, eff 7/1/25) (Amended, eff. 1/1/26) Rule 3.600 Correspondence with Civil Departments (Eff 1/1/2021) (Amended, eff 7/1/23)

Rule 3.700 Informal Discovery Conferences in General Civil Actions (Eff 1/1/2021) (Amended, eff 7/1/21) (Amended, eff 7/1/22) (Amended, eff 7/1/23) (Amended, eff 7/1/25)

CASE MANAGEMENT

Rule 3.800 Scope (Eff 1/1/2021) Rule 3.801 Setting of the Initial Case Management Conference (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.802 Petitions for Writ and CEQA Actions (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.803 Complex Civil Cases (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.804 Service of Process Requirements (Eff 1/1/2021) (Amended, eff 7/1/21)

Rule 3.805 Initial Case Management Conference Requirements (Eff 1/1/2021)

Rule 3.900 Appropriate Dispute Resolution and ADR Division (Eff 1/1/2021)

Rule 3.902 Uninsured Motorist Cases (Eff 1/1/2021)

Rule 3.903 Stipulation to Judicial Arbitration (Eff 1/1/2021) Rule 3.904 Stipulations to Private Appropriate Dispute Resolution (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.905 Completion of ADR Process (Eff 1/1/2021) (Amended, eff 7/1/21)

Rule 3.1000 Post-ADR Case Management and Trial Setting Conference (Eff 1/1/2021) (Amended, eff 7/1/21) Rule 3.1100 Mandatory Settlement Conferences (Eff 1/1/2021) (Amended, eff 7/1/21) (Amended, eff 1/1/23)

UNLAWFUL DETAINER ACTIONS

Rule 3.1200 Law & Motion Matters in Unlawful Detainer Actions (Eff 1/1/2021) (Amended,
eff 7/1/23)

Rule 3.1201 Special Deadlines for Unlawful Detainer Law & Motion Matters (Eff 1/1/2021) (Amended, effective 1/1/25) Rule 3.1202 Ex Parte Application to Advance Hearing (Eff 1/1/2021) (Amended, eff 7/1/23) (Amended, effective 7/1/24)

Rule 3.1203 Summary Dismissal for Failure to Prosecute (Eff 1/1/2021)

Rule 3.1204 Unlawful Detainer Pretrial Conference (Eff 1/1/2021)

Rule 3.1205 Unlawful Detainer Trial Assignment (Eff 1/1/2021)

COLLECTIONS CASES

List of Currently Effective Rules - v - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 3.1300 Collections Cases (Eff 1/1/2021)

Rule 3.1301 Proper Designation on Civil Case Cover Sheet (Eff 1/1/2021)

Rule 3.1302 Case Management of Collections Cases (Eff 1/1/2021)

Rule 3.1303 Collections Cases Law & Motion (Eff 1/1/2021)

JUDGMENT CREDITOR ORDERS OF EXAMINATION

Rule 3.1400 Orders of Examination (Eff 1/1/2021)

COURTCALL TELEPHONIC APPEARANCES

Rule 3.1500 CourtCall Telephonic Appearances (Eff 1/1/2021) (Amended, eff 7/1/21)

DIVISION IV - PROBATE DEPARTMENT

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

Rule 4.1 AMENDED General Provisions (Eff. 7/1/96)(Amended 1/1/2003; eff. 7/1/2004;
Eff. 1/1/13; Eff. 7/1/2013) (Amended, effective January 1, 2014)(Amended,
effective 1/1/18) (Amended, Eff 1/1/19) (Amended, eff 7/1/21) (Amended,
effective 7/1/24) (Amended, eff 7/1/25) (Amended, effective 7/1/26)
Rule 4.2 AMENDED Hearing (Eff. 7/1/96)(Amended 1/1/2003; eff. 7/1/2004,
(Amended, eff. 7/1/06) (Amended, Eff 1/1/07) (Amended, eff 7/1/21) (Amended,
effective 1/1/23) (Amended, effective 7/1/24) (Amended, effective 7/1/26)
Rule 4.2.1 AMENDED Informal Discovery Conference in Probate Actions (Adopted,
effective 7/1/25) (Amended, effective 7/1/26)
Rule 4.3 AMENDED Probate Trials and Contested Matters (Adopted, effective 1/1/23)
(Amended, effective 7/1/26)
Rule 4.4 Length of Hearing (Eff. 7/1/96)(Amend Eff 1/1/2000)(Amended, eff.
7/1/2004)(Amended Eff. 7/1/09) (Amended, effective January 1, 2014)
(Amended, effective 1/1/23)
Rule 4.5 AMENDED Non-Appearance (Eff. 7/1/96)(Amended, eff 7/1/2004) (Amended,
effective 7/1/26)

Rule 4.6 Appearance (Eff. 7/1/96)(Amend Eff 1/1/2000, eff 7/1/2004)(Amend, eff 1/1/2011, eff. 7/1/12)(Amended, effective 1/1/18) (Amended, effective 1/1/23) (Amended, effective 7/1/24) Rule 4.7 Ex Parte Matters (Eff. 7/1/96)(Amend Eff 1/1/2000, eff 7/1/2004) (Amended, Eff 1/1/07) (Amended, eff 7/1/22) (Amended, eff 1/1/25)

CHAPTER 2. PLEADINGS

Rule 4.8 AMENDED Caption (Eff. 7/1/96) (Amended, eff 7/1/2004) (Amended, Eff
1/1/07) (Amended, eff 7/1/21) (Amended, effective 7/1/26)
Rule 4.9 Petition for Instructions (Eff. 7/1/96) (Amended, eff 7/1/2004) (Amended,
effective 7/1/24)
Rule 4.10 Judicial Council Forms (Eff. 7/1/96) (Amended, eff 7/1/2004)
(Amended, eff 7/1/05)(Amended, eff 7/1/06) (Amended, eff. 7/1/2013)
Rule 4.11 Accounts (Eff. 7/1/96) (Repealed, eff 7/1/2004)
Rule 4.12 Verification (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 3. SPOUSAL PROPERTY PETITION

List of Currently Effective Rules - vi - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 4.13 REPEALED Statement of Title (Eff. 7/1/96) (Repealed, eff 7/1/2004)

Rule 4.14 Allegations in Support of Showing of Community Property (Eff. 7/1/96) (Amended, eff 7/1/2004) (Amended, effective 7/1/24) Rule 4.14.1 Spousal Property Petition Filed with Petition for Probate (Adopted, eff 7/1/2004) Rule 4.15 Fees (Eff. 7/1/96) (Amended, Eff 7/1/2004) Rule 4.16 Election of Surviving Spouse to Administer Property (Eff. 7/1/96) (Amended, eff 7/1/2004) CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS Rule 4.17 Appointment of Special Administrator (Eff. 7/1/96) (Amended, eff 7/1/2004) (Amended, eff. 1/1/09)

Rule 4.18 Petition for Probate of Will and Letters of Administration (Eff. 7/1/96) (Amended, eff 7/1/2004)

Rule 4.18.1 Holographic Will (Eff 7/1/2004, formerly rule 4.18(a))

Rule 4.18.2 Foreign Wills (Eff 7/1/2004), formerly rule 4.18 (a)) Rule 4.18.3 Item #8 in Petition for Probate, (Eff 7/1/2004), formerly rule 4.18(c)) (Amended, Eff 1/1/07) (Amended, eff 7/1/25) Rule 4.18.4 Supplement to Petition for Probate (Adopted eff. 7/1/21) Rule 4.19 Notice Requirements (Eff. 7/1/96) (Amended, eff 7/1/2004) Rule 4.19.1 Service of Notice (Adopted, eff 7/1/2004 [formerly Rule 4.19(b)]) Rule 4.19.2 Publication (Adopted, eff 7/1/2004 [formerly Rule 4.19(c)]) Rule 4.20 Proof of Wills (Eff. 7/1/96) (Amended, eff 7/1/2004) Rule 4.21 Lost or Destroyed Wills (Eff. 7/1/96) (Amended, eff 7/1/2004) Rule 4.22 Renunciations and Declinations to Act (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 5. BOND

Rule 4.23 REPEALED Evidence as to Amount of Bond (Eff. 7/1/96) (Repealed, eff
7/1/2004)
Rule 4.24 When Bond Is Not Required (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.24.1 Statement of Waiver in Petition (Adopted, eff 7/1/2004)
Rule 4.24.2 Two or More Personal Representatives (Adopted, eff 7/1/2004)
Rule 4.24.3 Separate Bonds for Individuals (Adopted, eff 7/1/2004)
Rule 4.24.4 Independent Power to Sell Real Property (Adopted, eff 7/1/2004)
Rule 4.25 Nonresident Executors or Administrators (Eff. 7/1/96) (Amended, eff 7/1/2004)
(Amended, eff 7/1/21) (Amended, eff 1/1/22)
Rule 4.26 Reducing Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.26.1 Withdrawn Funds From Blocked Account (Adopted, eff 7/1/2004 [formerly Rule
4.26])
Rule 4.27 Duty to Apply for Order Increasing Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.27.1 Bond Upon Sale of Real Property (Adopted, eff 7/1/2004)

CHAPTER 6. INVENTORY AND APPRAISEMENT

Rule 4.28 AMENDED Probate Referee Appointment (Eff. 7/1/96) (Amended, eff
7/1/2004) (Amended, effective 7/1/26)
Rule 4.29 Preparing Inventory and Appraisal (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.30 Sufficiency of Bond (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.31 Waiver of Appraisal by Referee (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 7. CLAIMS

List of Currently Effective Rules - vii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 4.32 Nature and Form of Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.33 Filing and Listing Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.34 Approval by the Court (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.35 REPEALED Rejection of Claims by Personal Representative (Eff. 7/1/96)
(Repealed, eff 7/1/2004)
Rule 4.36 Funeral and Interment Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.37 Claims of Personal Representatives (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.38 Compromise of Claims (Eff. 7/1/96) (Amended, eff 7/1/2004)

CHAPTER 8. SALES

PART I. GENERAL INFORMATION

Rule 4.39 Judicial Approval (Eff. 7/1/96)(Amend Eff 1/1/2000)

Rule 4.40 Exclusive Listings for Sale of Property (Eff. 7/1/96)

PART II. SALES OF PERSONAL PROPERTY

Rule 4.41 Tangible Personal Property (Probate Code Sections 10250-10264) (Eff. 7/1/96)

Rule 4.42 Securities (Eff. 7/1/96)

Rule 4.43 Condominiums, Community or Cooperative Apartments (Eff. 7/1/96)

PART III. RETURN OF SALES OF REAL PROPERTY

Rule 4.44 Publication of Notice of Intention to Sell Real Property (Eff. 7/1/96)(Amend Eff 1/1/2000)

Rule 4.45 Return of Private Sale (Eff. 7/1/96)

Rule 4.46 Broker's Commissions (Eff. 7/1/96)

Rule 4.47 Broker's Commissions in Overbid Situations (Eff. 7/1/96)

CHAPTER 9. ACCOUNTS

Rule 4.48 In General (Eff. 7/1/96) (Amended, eff 7/1/2004)
Rule 4.49 REPEALED Summary of Account Form (Eff. 7/1/96) (Repealed, eff 7/1/2004)
Rule 4.50 REPEALED Contents of Account (Eff. 7/1/96)(Amend Eff 1/1/2000)
(Repealed, eff 7/1/2004)
Rule 4.51 REPEALED Reporting Income and Principal (Eff. 7/1/96) (Repealed, eff
7/1/2004)
Rule 4.52 REPEALED Allegations re Sufficiency of Bond (Eff. 7/1/96) (Repealed, eff
7/1/2004)
Rule 4.53 REPEALED Trustee's First Account (Eff. 7/1/96) (Repealed, eff 7/1/2004)
Rule 4.54 REPEALED Waiver of Accounting on Final Distribution (Eff. 7/1/96)
(Repealed, eff 7/1/2004)

CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

Rule 4.55 Description of Assets (Eff. 7/1/96)

Rule 4.56 Asset Distribution (Eff. 7/1/96)

Rule 4.57 Allegation re Character of Assets (Eff. 7/1/96)

Rule 4.58 Agreements for Distribution of Assets (Eff. 7/1/96)

Rule 4.59 Assignment of Assets (Eff. 7/1/96)

Rule 4.60 Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate (Eff. 7/1/96)

List of Currently Effective Rules - viii - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 4.61 Distribution to Persons Under Conservatorship or Guardianship (Eff. 7/1/96)

Rule 4.62 Distribution to Minors (Eff. 7/1/96)

Rule 4.63 Distribution to Representative of Deceased Heir or Beneficiary (Eff. 7/1/96)

Rule 4.64 Distribution to Intestate Heirs (Eff. 7/1/96)

Rule 4.65 Interest on General Pecuniary Legacies (Eff. 7/1/96)

Rule 4.66 Requirements re Final Distribution (Eff. 7/1/96)(Amend Eff 1/1/2000) (Amended, effective 7/1/24) (Amended, eff 7/1/25)

Rule 4.67 Tax Procedures re Final Distribution (Eff. 7/1/96) Rule 4.68 Preliminary Distribution Under Section 11621 (Eff. 7/1/96)(Amended, Eff 1/1/2000)

CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

Rule 4.69 Family Allowance (Sections 6540-6545) (Eff. 7/1/96)

Rule 4.70 Borrowing Money (Sections 9800-9807) (Eff. 7/1/96)

Rule 4.71 Operating a Business (Sections 9760(c) and (d)) (Eff. 7/1/96)

Rule 4.72 Determining Title to Real or Personal Property(Section 9860) (Eff. 7/1/96)

Rule 4.73 Substitution or Withdrawal of Attorney (Eff. 7/1/96)

Rule 4.74 Obtaining Final Discharge (Eff. 7/1/96)

Rule 4.75 Proceedings to Establish Fact of Death (Sections 200-204) (Eff. 7/1/96)

CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

Rule 4.76 Temporary Conservatorships (Eff. 7/1/96) (Amended, eff 7/1/2004)(Amended,
eff. 7/1/2006) (Amended, Eff 1/1/07) (Amended, eff. 1/1/09) (Amended, eff.
7/1/09) (Amended, Eff. 1/1/2012) (Amended, eff 1/1/20) (Amended, eff 7/1/21)
Rule 4.77 Guardianships (Eff. 7/1/96) (Repealed, eff 7/1/2004) (Amended, effective
January 1, 2014)
Rule 4.77.1 Petition for General Guardianship (Adopted, eff 7/1/2004 [formerly Rule 4.77(a),
(c), and (d)]) (Amended, eff. 7/1/2006) (Amended, Eff. 1/1/2012) (Amended, eff
7/1/21) (Amended, effective 7/1/24)
Rule 4.77.2 Hearing Dates (Adopted, eff 7/1/2004) (Amended, eff. 7/1/2011) (Amended,
effective 7/1/24)
Rule 4.77.3 Service of Documents (Adopted, eff 7/1/2004)(Amended, eff. 1/1/2011)
Rule 4.77.4 Proof of Service of the Notice of Hearing (Adopted, eff 7/1/2004)
Rule 4.77.5 Personal Appearance (Adopted, eff 7/1/2004) (Amended, eff. 7/1/12)
Rule 4.77.6 Multiple Wards (Adopted, eff 7/1/2004)
Rule 4.77.7 AMENDED Investigation of Guardianship and Filing of Reports (Adopted, eff
7/1/2004) (Amended, Eff. 1/1/2012 (Amended, Eff. 7/1/2026)
Rule 4.77.8 Factors to Be Addressed in Guardianship Investigative Reports (Adopted, eff
7/1/2004)
Rule 4.77.9 Alternative Guardian (Adopted, eff 7/1/2004) (Amended, Eff. 1/1/2012)
Rule 4.77.10 Order Appointing Guardian (Adopted, eff 7/1/2004)
Rule 4.77.11 Guardian of the Estate (Adopted, eff 7/1/2004)
Rule 4.77.12 Current Address / Relocation (Adopted, eff 7/1/2004)
Rule 4.77.13 Review of Guardianship (Adopted, eff 7/1/2004) (Notation is added to Ruled)
Rule 4.77.14 Temporary Guardianship – emergency situations only (Adopted, eff 7/1/2004)
(Amended, eff 7/1/05)(Amended, eff. 7/1/2006) (Amended, eff. 1/1/09)
(Amended, eff. 7/1/09)(Amended, eff. 1/1/2011) (Amended, eff 1/1/20)
(Amended, eff 7/1/21) (Amended, effective 7/1/24)
Rule 4.77.15 Accounts and Reports (Adopted, eff 7/1/2004)

List of Currently Effective Rules - ix - Revised 07/01/2026

Superior Court of California, County of San Mateo

Rule 4.77.16 Fees for Guardian and for Attorney for Guardian (Adopted, eff 7/1/2004)
Rule 4.77.17 Discharge (Adopted, eff 7/1/2004 [formerly Rule 4.77(e)])

Rule 4.78 Use of Minor's Assets for Support (Eff. 7/1/96)

Rule 4.79 Disposition of Minor's Funds (Sections 3410-3413) (Eff. 7/1/96) Rule 4.80 Compromise of Claims (Eff. 7/1/96) (Amended, effective 7/1/24) Rule 4.81 REPEALED Conservatorships (Eff. 7/1/96)(Amend Eff.1/1/99)(Amend Eff 1/1/2000) (Repealed, eff 7/1/2004) Rule 4.81.1 Petition for Appointment of Conservator (Adopted, eff 7/1/2004 [formerly Rule 4.81(a)]) (Amended 1/1/2005) (Amended 7/1/05) (Amended, eff. 1/1/09) (Amended, eff. 7/1/2010) (Amended, Eff. 7/1/2011) (Amended, eff 7/1/25) Rule 4.81.2 Notice (Adopted, eff 7/1/2004 [formerly Rule 4.81(d)]) (Amended, Eff 1/1/07) Rule 4.81.3 Guardians, Conservators and Trustees Qualifications (Adopted, eff 7/1/2004) (Amended, eff. 1/1/09) (Amended, eff. 7/1/09) Rule 4.81.4 Special Requirements on Appointment or Termination of Conservator (Adopted, eff 7/1/2004 [formerly Rule 4.81(c)]) (Amended, eff. 7/1/2006) (Amended, Eff 7/1/2011) (Amended, Eff. 1/1/2012, eff. 7/1/12) Rule 4.81.4.1 Personal Appearance-Conservatorships (Adopted, eff. 7/1/12) Rule 4.81.5 REPEALED General Plan (Adopted, eff 7/1/2004 [formerly Rule 4.81(g)]) (Amended, eff. 7/1/09) (Amended, Eff. 1/1/2012) (Amended, eff 7/1/25) Rule 4.81.6 Letters of Conservatorship of the Estate (Adopted, eff 7/1/2004) Rule 4.81.7 Changes of Address (Adopted, eff 7/1/2004 [formerly Rule 4.81(f)]) (Amended, eff. 1/1/09) Rule 4.81.8 Private Professional Conservators (Adopted, eff 7/1/2004) (Amended, eff. 1/1/09) (Amended, eff. 7/1/09) Rule 4.81.9 Waiver of Bond (Adopted, eff 7/1/2004 [formerly Rule 4.81(e)]) Rule 4.81.10 Request for Dementia Powers (Adopted, eff 7/1/2004 [formerly Rule 4.81(b)]) (Amended, Eff. 1/1/2008) (Amended, effective 7/1/24) (Amended, eff 7/1/25) Rule 4.81.11 Visits to the Conservatee (Adopted, eff 7/1/2004) Rule 4.81.12 Medical Consent Authority (Adopted, eff 7/1/2004) Rule 4.81.13 Exclusive Authority to Give Medical Consent (Adopted, eff 7/1/2004) Rule 4.81.14 Inventory and Appraisement (Adopted, eff 7/1/2004)

Rule 4.81.15 Independent Powers – Sale of Real Property and of Conservatee’s Residence (Adopted, eff 7/1/2004 [formerly Rule 4.81(j) and (k)])(Amended, Eff. 7/1/2008) Rule 4.81.16 AMENDED Waivers of Account (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(2)]) (Amended, eff. 7/1/2006) (Amended, effective 7/1/26) Rule 4.81.17 Accounts and Reports (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(1)]) (Amended, Eff. 1/1/2008) (Amended, eff. 7/1/09) (Amended, Eff 1/1/19) (Amended, effective 7/1/24) Rule 4.81.18 Confidential Status Report (Adopted, eff 7/1/2004 [formerly Rule 4.81(h)(1)]) (Amended, eff. 7/1/2006) (Amended, eff. 7/1/09) (Amended, Eff 1/1/19) Rule 4.81.19 Disclosure of Fees for Private Professional Conservators (Adopted, eff 7/1/2004) (Amended, eff. 7/1/09) Rule 4.81.20 Death of Conservatee (Adopted, eff 7/1/2004 [formerly Rule 4.81(l)]) (Amended, Eff 1/1/19) (Amended, Eff 7/1/19) Rule 4.81.21 Time for Allowing Compensation (Adopted, eff 7/1/2004 [formerly Rule 4.86]) Rule 4.81.22 Obtaining Final Discharge (Adopted, eff 7/1/2004 [formerly Rule 4.81(m)])

Rule 4.82 Substituted Judgment (Eff. 7/1/96)(Amend Eff 1/1/2000, Eff. 7/1/2004) (Amended, eff. 7/1/09)

CHAPTER 13. COMMISSIONS AND FEES

Rule 4.83 Statutory Compensation in Decedent's Estates (Eff. 7/1/96)

Rule 4.84 Compensation for Extraordinary Services in Decedents' Estates

List of Currently Effective Rules - x - Revised 07/01/2026

Superior Court of California, County of San Mateo

(Eff. 7/1/96)
Rule 4.85 Compensation Conservators and Their Attorneys (Eff. 7/1/96) (Amended Eff
7/1/2003, Eff. 7/1/2004, Eff. 7/1/2008)

Rule 4.86 Time for Allowing Compensation (Eff. 7/1/96) Rule 4.87 REPEALED Procedure (Eff. 7/1/96) (Repealed, eff 7/1/2004) Rule 4.88 Court Investigation Assessments (Eff. 7/1/96) (Amended Eff 7/1/2003) (Amended, eff 7/1/2004) (Amended, effective 7/1/24) APPENDIX A to Chapter 13 (Eff. 7/1/96) CHAPTER 14. TRANSACTIONS INVOLVING INCOMPETENT SPOUSE.

Rule 4.89 Prior Court Approval is required for any Action Specified In Section 3100, et seq. (Eff 1/1/2000) (Amended, eff 7/1/2004) (Amended, eff. 7/1/09)

CHAPTER 15 TRUSTS

Rule 4.90 Trustee’s Accounts (Adopted, eff 7/1/2004)
Rule 4.91 Notice to Beneficiaries (Adopted, eff 7/1/2004)
Rule 4.92 Compensation of Trustees and Attorneys for Trustees (Adopted, eff 7/1/2004)
Rule 4.93 Trusts Established Before Distribution of Probate Estate (Adopted, eff 7/1/2004)
Rule 4.94 Trusts Created Pursuant to Court Order (Adopted, eff 7/1/2004)
Rule 4.95 Fees for Public Guardian and County Counsel (Adopted, eff 7/1/2004)
Rules 4.96 through 4.99 RESERVED
Rule 4.100 Independent Counsel (Adopted, eff 7/1/2004) (Amended, eff 1/1/26)

DIVISION V - FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

Rule 5.1 Applicability of Rules ( Eff. 1/1/2000)(Amended, Eff 1/1/2004) (Amended, eff
7/1/23)
Rule 5.2 Court Locations ( Eff. 1/1/2000) (Amended, Eff 1/1/2004; Eff. 1/1/13)
Rule 5.3 Matters Heard in Family Law Department ( Eff. 1/1/2000) (Amended, eff 7/1/23)
Rule 5.4 Case Flow Management ( Eff. 1/1/2000)(Amended Eff 1/1/2003)
(Amended Eff 7/1/2003, Eff 1/1/2004) (Amended 1/1/2005) (Amended, Eff
1/1/07) (Amended, eff. 1/1/09, eff. 7/1/12)(Amended, Eff. 1/1/17)
Rule 5.4.1 Informal Discovery Conferences in Family Law Proceedings (Adopted, eff
7/1/23)

Rule 5.5 RENUMBERED [Ex Parte Orders] (Eff. 1/1/2000)(Renumbered as Rule 5.6, Eff. 1/1/2004) Rule 5.5 Alternative Dispute Resolution (Eff. 1/1/2004)(Amended, effective 7/1/2004)(Amended, eff. 1/1/2010, eff. 7/1/12) (Amended, eff. 7/1/13)

Rule 5.6 RENUMBERED [Order to Show Cause and Notice of Motion Rules] (Eff. 1/1/2000)(Renumbered as Rule 5.7, Eff 1/1/2004) Rule 5.6 Ex Parte Orders (Renumbered-formerly Rule 5.5 and Amended eff. 1/1/2004,) (Amended, Eff 1/1/07) (Amended, Eff. 1/1/2008)(Amended, eff 7/1/2008) (Amended, Eff. 1/1/2012; Eff. 1/1/13) (Amended, eff. 7/1/13) (Amended, Effective 1/1/16) Rule 5.6.1 REPEALED Requests for Emergency Orders (Adopted, Eff. 1/1/13) (Repealed, eff. 7/1/2013)

Rule 5.7 RENUMBERED [Declarations of Disclosure, Income and Expense Declarations, And Tax Returns] ( Eff. 1/1/2000)(Renumbered as Rule 5.11, Eff. 1/1/2004) (Amended, effctv January 1, 2014) Rule 5.7 Order to Show Cause and Notice of Motion Rules (Renumbered-formerly Rule 5.6, eff 1/1/2004) (Amended 1/1/2005) (Amended, Eff 1/1/07) (Amended, eff.

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1/1/2010) (Amended, eff 7/1/10) (Amended, Eff. 7/1/2011, eff. 7/1/12)
(Amended, eff. 7/1/13) (Amended, effective 1/1/23)
Rule 5.7.1 REPEALED Tentative Rulings for Requests for Orders, Orders to Show Cause,
and Notices of Motion (Adopted, eff. 7/1/23) (REPEALED, effective 7/1/23
Rule 5.8 REPEALED [Short Cause Trials] (Eff. 1/1/2000) (Repealed and Incorporated
into new Rule 5.8, Eff 1/1/2004)

Rule 5.8 Trial Setting, Status Conference, and Mandatory Settlement Conference Rules (Adopted, eff. 1/1/2004) (Amended 1/1/2005) (Amended 7/1/2005) (Amended, Eff 1/1/07) (Amended, Eff. 1/1/2008) (Amended, eff. 1/1/2010, eff. 7/1/12) (Amended, eff. 7/1/13) (Amended, Effective 1/1/16) (Amended, eff 7/1/23) (Amended, eff 7/1/25) Rule 5.9 REPEALED [Long Cause Trials] ( Eff. 1/1/2000) (Repealed and Incorporated into new Rule 5.8, Eff 1/1/2004) Rule 5.9 Judgment by Default or Uncontested Hearing (Adopted, eff 1/1/2000)(Renumbered-formerly Rule 5.13 and Amended, eff. 1/1/2004) (Amended, eff. 7/1/13)

Rule 5.10 RENUMBERED [Family Support Division Matters] (Eff. 1/1/2000) (Renumbered as Rule 5.12, Eff. 1/1/2004) Rule 5.10 Preparation of Orders After Hearing and Judgments (Renumbered- formerly Rule 5.14 and Amended, eff. 1/1/2004) (Amended, eff. 7/1/13) (Amended, Eff. 1/1/15)

Rule 5.11 RENUMBERED [Family Court Services) (Eff. 1/1/2000) Renumbered as Rule 5.13, Eff. 1/1/2004) Rule 5.11 Declarations of Disclosure and Financial Information to be Provided (Renumbered- formerly Rule 5.7 and Amended, eff. 1/1/2004)(Amended eff 1/1/2026)

Rule 5.12 RENUMBERED. [Appointment of Counsel for Child] (Eff. 1/1/2000) (Renumbered as Rule 5.14, Eff. 1/1/2004) Rule 5.12 Department of Child Support Services (Adopted, eff. 1/1/2004) (Renumbered- formerly Rule 5.10 and Amended, eff. 1/1/2004; Eff. 1/1/13)

Rule 5.13 RENUMBERED [Judgment by Default or Uncontested Hearing] ( Eff. 1/1/2000)(Renumbered as Rule 5.9 and Amended, eff. 1/1/2004) Rule 5.13 Family Court Services (Adopted, eff. 1/1/2000)(Renumbered- formerly Rule 5.11 and Amended, eff. 1/1/2004) (Amended, eff. 1/1/2005) (Amended eff 1/1/2006) (Amended, eff. 7/1/2010)(Amended, eff. 1/1/2011) (Amended, Eff. 1/1/2012, eff. 7/1/12; Eff. 1/1/13) (Amended, eff. 7/1/13) (Amended, eff. 1/1/2014)(Amended, Effective 1/1/16) (Amended, eff 1/1/20) (Amended, eff 7/1/21)

Rule 5.14 RENUMBERED [Preparation of Orders After Hearing and Judgments] ( Eff. 1/1/2000)(Renumbered as Rule 5.10 and Amended, eff. 1/1/2004) Rule 5.14 Appointment of Counsel for Child (Adopted, eff 1/1/2000)(Renumbered- formerly Rule 5.12 and Amended, eff. 1/1/2004) (Amended, eff. 7/1/13)

Rule 5.14.1 Complaint Procedure for Court Appointed Counsel (Eff. 7/1/2011) Rule 5.15 Family Law Facilitator’s Duties (Eff. 1/1/2000)(Amended, eff. 1/1/2004) (Amended, eff 1/1/20)

Rule 5.16 Coordination of Court Proceedings and Sharing of Case Information Involving Minors A. Coordination and Determination of Forum B. Confidentiality of Minor’s Information (Adopted, Eff. 7/1/2007) (Amended, eff. 7/1/12)

Rule 5.16.1 Information Sharing Protocol Between And Among the Court and Department Of Children & Family Court Services (DCFS), Family Court Services (FC), Probate Court Investigators (PCI), Family Law Facilitator (FLF), District Attorney’s Violent Crime Unit (VC), And Juvenile Probation Officers (JPO) Staff. (Eff 7/1/2007) (Amended, Eff. 1/1/2008, eff. 7/1/12)

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Rule 5.16.2 Juvenile Dependency Action Causing Suspension of Related Proceedings (Eff 7/1/2007)

Rule 5.16.3 Juvenile Court Modification of Related Non-Juvenile Court Orders (Eff 7/1/2007)

Rule 5.16.4 Juvenile Court Exit Orders (Eff 7/1/2007)

Rule 5.16.5 Family Court Modification of Juvenile Court Orders (Eff 7/1/2007) Appendix 1 Deleted ( Eff. 1/1/2004) (Amended, eff. 7/1/09) (Deleted 1/1/2010) Appendix 2 Renumbered as Appendix 1 ( Eff. 1/1/2004) (renumbered 1/1/2010)(Amended, Eff. 7/1/17) Appendix 3 Deleted( Eff. 1/1/2000) Appendix 4 Deleted ( Eff. 1/1/2000) Appendix 5 Renumbered as Appendix 2 ( Eff. 1/1/2000)(Renumbered 1/1/2010) Appendix 6 Deleted (Eff 1/1/2010)

Rule 5.16.6 Use of Confidential Juvenile Case Files or Child Welfare Agency Records in Family Court Matters (Adopted, eff 7/1/23) Rule 5.17 Court Ordered Supervised Visitation (Adopted 7/1/21) DIVISION VI - OTHER SPECIAL DEPARTMENTS AND CALENDARS

CHAPTER 1. UNCONTESTED CALENDAR

Rule 6.1 REPEALED Hearing in Uncontested Matters in the Department of the Presiding
Judge (Eff. 7/1/96) (Amended, eff. 1/1/21) (REPEALED, eff. 1/1/24)

Rule 6.1.1 Attorneys Fees in Actions on Promissory Notes and Contracts Providing for Payment Of Attorney Fees (Eff. 7/1/96)

Court Schedule of Attorney Fees (Eff. 7/1/96)

CHAPTER 2. JUVENILE DEPARTMENT

Rule 6.2 Hearings (Eff. 7/1/96) Rule 6.3 Attorneys for Parties in Dependency Proceedings (Eff. 7/1/96) (Amended, Eff 1/1/07)

Rule 6.4 Absence of Juvenile Court Judge (Eff. 7/1/96) Rule 6.4.1 Court Appointed Special Advocates Program (Adopted 1/1/20)

CHAPTER 3. LPS CALENDAR

Rule 6.5 LPS Calendar Department (Eff. 7/1/96)

CHAPTER 4. NORTHERN DEPARTMENT

Rule 6.7 Matters that May be Heard (Eff. 7/1/96)

Rule 6.8 Northern District (Eff. 7/1/96) Rule 6.9 Basis for Establishing Northern District Venue (Adopted, Eff. 7/1/96) (Amended, Eff. 1/1/13)

Rule 6.10 Procedure for Obtaining Northern District Venue (Eff. 7/1/96)

Rule 6.11 Transfer from Northern Department (Eff. 7/1/96) Rule 6.12 REPEALED Filing of Papers and Keeping Records of Northern Department (Eff. 7/1/96) (REPEALED, eff. 7/1/13) Rule 6.13 through 6.19 (Reserved) Rule 6.20 REPEALED Writs and Receivers Calendar (Adopted, effective 7/1/15) (Amended, Eff 1/1/19) (Eff. 1/1/21)

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Rule 6.21 REPEALED Tentative Rulings (Adopted, effective 7/1/15) (Amended, Eff
1/1/19) (Amended, eff 1/1/20) (Eff. 1/1/21)
Rule 6.22 REPEALED Ex Parte Matters (Adopted, Eff. 1/1/19) (Amended, eff 1/1/20)
(Eff. 1/1/21)
Rule 6.23 REPEALED Placing a Matter on the Writs and Receivers Calendar (Adopted,
Eff. 1/1/19) (Eff. 1/1/21)

DIVISION VII - PRETRIAL PROCEEDINGS IN CLASS ACTIONS

Rule 7.1 REPEALED Introduction (Eff. 7/1/96) (REPEALED, effective 1/1/17)
Rule 7.2 REPEALED Issues Subject to Pretrial Determination (Eff. 7/1/96)
(REPEALED, effective 1/1/17)
Rule 7.3 REPEALED Caption of Pleadings (Eff. 7/1/96) (REPEALED, effective 1/1/17)
Rule 7.4 REPEALED Pretrial Proceedings (Eff. 7/1/96) (REPEALED, effective 1/1/17)
Rule 7.5 REPEALED Notice to Public Entity or Official (Eff. 7/1/96) (REPEALED,
effective 1/1/17)
Rule 7.6 REPEALED Class Action Order (Eff. 7/1/96) (REPEALED, effective 1/1/17)
Rule 7.7 REPEALED Early or Separate Trial (Eff. 7/1/96) (REPEALED, effective
1/1/17)
Rule 7.8 REPEALED Certificate of Readiness (Eff. 7/1/96) (REPEALED, effective
1/1/17)
Rule 7.9 REPEALED Settlement of Class Claims (Eff. 7/1/96) (REPEALED, effective
1/1/17)
Rule 7.10 REPEALED Retention of Jurisdiction (Eff. 7/1/96) (REPEALED, effective
1/1/17)
Rule 7.11 REPEALED Dismissals (Eff. 7/1/96) (REPEALED, effective 1/1/17)

DIVISION VIII - APPOINTMENT OF SPECIAL MASTERS AND REFEREES FOR THE HANDLING OF COMPLEX CASES - SUPERIOR COURT

Rule 8.1 Power to Appoint (Eff. 7/1/96)

Rule 8.2 Definition (Eff. 7/1/96) (Eff. 1/1/21) Rule 8.3 REPEALED Identification (Eff. 1/1/21)

Rule 8.4 Appointment of Special Master or Referee (Eff. 7/1/96) (Eff. 1/1/21)

Rule 8.5 Supervision of Special Master or Referee (Eff. 7/1/96) (Eff. 1/1/21)

Rule 8.6 Duties of Special Master or Referee (Eff. 7/1/96) (Eff. 1/1/21) Rule 8.7 Court Order (Eff. 7/1/96) (Amended, eff. 7/1/10) (Eff. 1/1/21) Rule 8.8 REPEALED Trial Judge (Eff. 7/1/96) (Eff. 1/1/21)

Rule 8.9 Special Master Additional Powers (Eff. 7/1/96) Rule 8.10 Copies of Orders and Referee Reports (Eff. 1/1/2002) (REPEALED, Eff 1/1/2005) [Note: Division VIII pages renumbered effective. 7/1/05] DIVISION IX - CRIMINAL DEPARTMENT

Rule 9.1 Pretrial Motions in Criminal Cases (Eff. 7/1/96) (Amended, eff. 7/1/09)
(Amended, eff. 1/1/26)

Rule 9.3 Continuances (Eff. 7/1/96) Rule 9.4 REPEALED Written Arraignments (Eff. 7/1/96) (Amended Eff 7/1/2003) (REPEALED, effective 7/1/24) Rule 9.5 REPEALED - Investigative Reports - Discovery (Eff. 7/1/96)(Eff. 1/1/2003)

Rule 9.6 Preparation of Reporter’s Transcript on Appeal in Criminal Cases (Eff. 7/1/96) (Amended, Eff 1/1/07)

Rule 9.7 Trial by Declaration for Traffic Infractions (Eff. 1/1/98)

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Rule 9.8 Confidentiality Of Victim Or Witness Information In Law Enforcement, Arrest Or Investigative Reports [Penal Code §964(C)] (Adopted, effective 7/1/05) Rule 9.9 Traffic Pre-Trial Discovery Motions (Adopted, eff. 7/1/2006) Rule 9.10 Local Criminal Felony and Misdemeanor Bail Schedules (Adopted, eff. 1/1/2008)

Rule 9.11 Brief Preliminary Evaluations of the Mental Competency of a Criminal Defendant (Adopted, Eff. 1/1/19) Rule 9.12 Court Reporter Availability in Criminal Actions (Adopted 1/1/20) (Amended, eff 7/1/21) (Amended, effective 1/1/23)

DIVISION X - JUDICIAL ARBITRATION FOR CIVIL CASES

Rule 10.1 REPEALED Judicial Arbitration for Civil Cases (Eff. 7/1/96) (Amended
1/1/2005) (Amended, Eff 1/1/07) (Eff 1/1/21)
Rule 10.2 REPEALED Voluntary Arbitration (formerly Rule 11.6) (Adopted, eff. 1/1/09)
(Eff 1/1/21)

DIVISION XI - CIVIL RULES [Note: Title of Section revised, effective 7/1/05]

Rule 11.1 REPEALED Motions and Notice of Motions (Eff. 7/1/96) (Repealed, eff.
1/1/2008)

Rule 11.2 Information Forms for Data Processing (Eff. 7/1/96) Rule 11.3 REPEALED Long-Cause, Pre-arbitration, Settlement and Trial Setting (Eff. 7/1/96) (Amended, Eff 1/1/07) (Eff 1/1/21) Rule 11.4 REPEALED Civil Case Assignment (Eff. 1/1/97) (REPEALED, eff. 7/1/13) Rule 11.5 REPEALED Juries: Fees and Demands (Eff. 7/1/96) (Amended, eff. 1/1/09; Eff. 1/1/13) (Eff 1/1/21) Rule 11.6 Voluntary Arbitration (Eff. 7/1/96) (Repealed (Renumbered), eff. 1/1/09)

Rule 11.7 Summary Judgment Motions - Form of Motion (Eff. 7/1/96)

Rule 11.8 Summary Adjudication Motions - Form of Motion (Eff. 7/1/96)

Rule 11.9 Summary Judgment/Adjudication Motions - Form of Opposition Separate Statement (Eff. 7/1/96)

Rule 11.10 Summary Judgment /Adjudication Motions - Format of Evidence (Eff. 7/1/96)

Rule 11.11 Summary Judgment/Adjudication Motions - Opposition on Ground of Unavailability of Evidence (Eff. 7/1/96)

Rule 11.12 Summary Judgment/Adjudication Motions -Proposed Order Denying Motion(s) (Eff. 7/1/96)

Rule 11.13 Summary Judgment/Adjudication Motions -Objection to Evidence (Eff. 7/1/96)

Rule 11.14 Summary Judgment/Adjudication Motions -Form of Written Objections to Evidence (Eff. 7/1/96)

Rule 11.15 Summary Judgment/Adjudication Motions -Sanctions (Eff. 7/1/96) Rule 11.16 REPEALED Delay Reduction Policy and Standards (Eff. 7/1/96) (Eff 1/1/21) Rule 11.17 General Civil Delay Reduction Procedural Rules (Eff. 7/1/96) (Amended, Eff 1/1/07) (Repealed, eff. 1/1/09) Rule 11.18 REPEALED Continuances (Eff. 7/1/96) (Amended, Eff 1/1/07) (Eff 1/1/21)

Rule 11.19 Required action (Eff. 7/1/96) Rule 11.20 REPEALED Failure to Comply with Delay Reduction Rules (Eff. 7/1/96) (Eff 1/1/21) Rule 11.21 REPEALED Unlawful Detainer (Eff. 7/1/96) (Eff 1/1/21)

Rule 11.22 Pro-Tem Judges (Eff. 7/1/96)

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IMPORTANT INSTRUCTIONS FOR USING THESE RULES

1. State Rules and Corresponding Local Rules

The California Rules of Court are not printed as part of the San Mateo County local rules, but are considered incorporated within them. Proceedings in the Superior Court of California, County of San Mateo are governed by the California Rules of Court as supplemented by these local rules. EACH LOCAL RULE MUST BE READ IN

CONJUNCTION WITH THE CALIFORNIA RULES OF COURT (CRC).

2. Page Numbers

   All page numbers are printed at the bottom center of the page. Numbers at the bottom left corner of any page are word processing codes and should be disregarded.

3. Amendments

   Amendments adopted after July 1, 1996 will be issued as replacement pages and are to be inserted in this booklet according to the instructions provided with the amendments.

4. Application

Each rule shall be enforced in all departments to which the rule may apply, except as specifically modified or distinguished in the applicable division of these rules.

5. Effective date

The Rules of the Superior Court of California, County of San Mateo have been restated, amended and adopted, effective July 1, 1996.

Introduction 1 Revised 1/1/2010

Superior Court of California, County of San Mateo

INTRODUCTION

Rule 0.1 Adoption and Amendment of Rules ..................................................................................... 3

Rule 0.2 Sanctions.. ........................................................................................................................... 3

Rule 0.3 Court Security . ................................................................................................................... 3

Rule 0.4 Reserved

Rule 0.5 Civil Appeals Fees .............................................................................................................. 4

Rule 0.6 REPEALED [Court Consolidation and Coordination] ........................................................ 4

Rule 0.7 Court Designation/Caption ................................................................................................. 4

Rule 0.8 Contents of Proof of Service .............................................................................................. 4

Rule 0.9 Standing Orders .................................................................................................................. 4

Introduction 2 Revised 1/1/2010

Superior Court of California, County of San Mateo

INTRODUCTION

Rule 0.1 Adoption and Amendment of Rules

(a) Each of these rules is effective as of the date stated in parentheses at the end of the particular rule.

(b) No action taken in compliance with a rule of this court before it is amended or repealed shall be made invalid or ineffective by the subsequent amendment or repeal of that rule.

(c) These rules may be amended by a majority of the judges of this court in accordance with state law.

(Adopted, effective July 1, 1996.)

Rule 0.2 Sanctions

Failure to comply with any provisions of the Code of Civil Procedure, the California Rules of

Court, or any of these local rules may result in any or all of the following sanctions, on motion of a party or on the court's own motion:

(a) Dropping the matter from the calendar;

(b) A fine paid to the Clerk of the Court by the responsible party or counsel;

(c) Order for payment of reasonable costs and expenses, including attorney fees, to the opposing party;

(d) Other sanctions authorized by CCP Section 575.2, GC 68608(b), CRC 2.30, infra or other law.

(Adopted, effective July 1, 1996.) (Amended, effective January 1, 2007)

Rule 0.3 Court Security

The Sheriff is designated as the Court Security Officer, and is responsible to the Court for all

matters relating to security of courtrooms, buildings, and grounds. The Court Security Officer shall prepare a Court Security Plan in accordance with California Rules of Court, Standards of Judicial Administration, Section 7 which shall be reviewed annually by the judges. Pursuant to G. C. Section 26602 the sheriff shall ensure that all reasonable precautions are taken to maintain court security including, but not limited to, searching of persons and their possessions for weapons and explosive devices as allowed by law.

(Adopted, effective July 1, 1996) (Amended, effective January 1, 1999)

Introduction 3 Revised 1/1/2010

Superior Court of California, County of San Mateo

Rule 0.4 Reserved.

(Adopted, effective July 1, 1996)

Rule 0.5 Civil Appeals Fees

Pursuant to CRC 8.130, the reporter shall commence preparation of the transcript on appeal when

a notice of appeal from the Appellate Clerk is received and after deposit by appellant with the Appellate clerk of a sum of $325.00 for each half day and $650.00 for each full day of trial included in the reporter’s transcript on appeal. The actual fee for the transcript shall be set by statute.

(Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 0.6 Court Consolidation and Coordination

(Adopted, effective July 1, 1996) (Repealed, effective January 1, 2002)

Rule 0.7 Court Designation/Caption

This Court shall be known as the “Superior Court of California, County of San Mateo”.

(Adopted, effective July 1,1996)(Amended, effective January 1, 2002)

Rule 0.8 Contents of Proof of Service

When service is made by mail, Section 1013(a) of the Code of Civil Procedure provides the

language to be used in the proof of service. When service is by personal delivery (CCP 1011), the declaration of service must be signed by the person who actually accomplished service. When service is by FAX, CRC 2.306 must be complied with. A declaration which simply recites that the declarant “caused the papers to be served” by handing them to a messenger is not adequate proof of service. In the absence of opposition, a motion accompanied by a defective proof of service will be continued, placed off calendar, or denied. The proof of service must show service on all parties who have appeared in the action, not just the party to whom the motion is directed. (See CCP1014.)

(Adopted, effective July 1, 1996) (Amended, effective January 1, 2007)

Rule 0.9 Standing Orders

All standing orders of the Superior Court shall be signed by the Presiding Judge, shall (unless

otherwise noted) specify each is in effect indefinitely until vacated or superseded by the Presiding Judge, shall be numbered sequentially and filed chronologically by the Clerk in a special file marked “Standing Orders”, shall be distributed to all judicial officers of the court and shall be published by the San Mateo County Bar Association as an appendix to the Local Rules of the Superior Court at such times as the Local Rules are published.

Standing Orders that relate to Juvenile Court matters may be signed by the Presiding Judge of the

Juvenile Division on behalf of the Superior Court’s Presiding Judge. All other administrative requirements, as stated above, shall also be applicable.

(Adopted, effective July 1, 1997) (Amended, effective January 1, 2003)

Introduction 4 Revised 1/1/2010

Superior Court of California, County of San Mateo Return to Table of Contents

DIVISION I

RULES ON APPEAL TO THE APPELLATE DEPARTMENT

CHAPTER I. APPELLATE DEPARTMENT RULES

Rule 1.0 General Provisions ....................................................................................................... 100 Appellate Division, Sessions, Jurisdiction

Rule 1.1 Notice of Appeal .......................................................................................................... 101

Rule 1.2 Stay Orders .................................................................................................................. 101

Rule 1.3 Appointed Counsel in Misdemeanor Appeals ................................................................ 103

Rule 1.4 Record on Appeal ......................................................................................................... 103

Rule 1.5 Briefs ........................................................................................................................... 105

Rule 1.6 Oral Argument ............................................................................................................. 105

Rule 1.7 Decision ....................................................................................................................... 106

Rule 1.8 Applications and Motions ............................................................................................. 107

Rule 1.9 Extensions and Relief from Default .............................................................................. 107

Rule 1.10 Writs ............................................................................................................................ 107

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Superior Court of California, County of San Mateo

Div I – Table of Contents ii Revised 1/1/2020

Return to TableSuperior Court of California, County of San Mateo of Contents

CALIFORNIA RULES OF COURT AS SUPPLEMENTED HEREIN, GOVERN ALL LOCAL PROCEDURES

DIVISION I

RULES ON APPEAL TO THE APPELLATE DEPARTMENT

CHAPTER I. APPELLATE DEPARTMENT RULES

Former Rule 1.1 Sessions

REPEALED (See new Rule 1.0(b) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Former Rule 1.2 Briefs

REPEALED (See new Rule 1.5) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Former Rule 1.3 Decisions

REPEALED (See new Rule 1.7) (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

Former Rule 1.4 Rehearing and Finality of Judgments

REPEALED (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2009)

1.0 GENERAL PROVISIONS

(a) Appellate Division. The Chairperson of the Judicial Council assigns four judges to the
Appellate Division, and one of the four judges shall be designated as Presiding Judge of the
Appellate Division.

(b) Sessions. Regular sessions of the Appellate Division shall be held on the second Friday of
each month at 2:00 p.m. in Courtroom 2M at the Hall of Justice and Records in Redwood
City unless otherwise ordered. The Presiding Judge of the Appellate Division may call
special sessions of this Division.

(c) Jurisdiction. The Appellate Division of the Superior Court has jurisdiction over all appeals
arising from misdemeanor, infraction and limited civil cases in San Mateo County (except
small claims appeals) and over all motions and petitions for stay in connection with such
appeals. (Code Civ. Proc. (“CCP”) §77(e).)

(d) A panel of three judges participates in each matter before the Appellate Division. The
concurrence of at least two judges is required for a decision in any case. (CCP §§77(a), (b)
and (d).)

(e) The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition
and review (certiorari) in any misdemeanor, infraction or limited civil case. (CCP §§1068(b),
1085(b) and 1103(b).)

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(f) Notwithstanding the above, appeals from convictions of traffic infractions are heard by one
judge of the Appellate Division (CCP § 77(h)).

(Adopted, eff. Jan. 1, 2009) (Amended, effective. July 1, 2009)

1.1 NOTICE OF APPEAL

(a) Jurisdiction. The Appellate Division has appellate jurisdiction only over cases in which a
notice of appeal was timely filed. (Cal. Rules of Court (“CRC”) rules 8.810(c) and 8.812.)

(b) Where filed. The notice of appeal shall be filed in the trial court from which the appeal is
being taken. Unless specified otherwise in these rules or in the California Rules of Court, all
subsequent filings shall be made with the Clerk of the Appellate Division.

(c) Late Filing/Motion to Dismiss.

(1) Criminal cases. If a notice of appeal is filed late, the clerk will stamp it “Received
(date) but not filed.” (CRC rule 8.853(d).) If a late notice of appeal is
inadvertently filed, the Presiding Judge of the Appellate Division will dismiss the
appeal without hearing, either on his or her own motion or on the motion of
counsel.

(2) Civil cases. If a notice of appeal is filed late, the Presiding Judge of the Appellate
Division will dismiss the appeal without hearing, either on his or her own motion or on
the motion of counsel. (CRC rule 8.822(d).) A motion to dismiss on grounds of a late-
filed notice of appeal shall be filed with the Clerk of the Appellate Division.

(d) Filing Fees.

(1) Filing fees required by Government Code § 70621 shall be paid in the trial court.

(2) For litigants who qualify, the court may waive filing fees. Filing fees, orders for fee
waivers, or applications for fee waivers shall be filed in the trial court at the time of filing the
notice of appeal or within fifteen (15) days thereafter. (CRC rules 8.821(b)(1), (c).)

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

1.2 STAY ORDERS

(a) Format of Papers. All papers filed in connection with stay applications shall comply with
San Mateo County Superior Court Local Rules (“LCR”), rule 1.8, and CRC rule 8.808.

(b) Civil Appeals.

(1) Before Filing Notice of Appeal. Applications for stay orders filed before notice of
appeal shall be filed in the trial court. (CCP § 918.)

(2) After Filing Notice of Appeal.

(A) Filing. Petitions for writ of supersedeas shall be filed with the Clerk of the
Appellate Division and shall comply with CRC rule 8.824.

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Superior Court of California, County of San Mateo

(B) Service. Petitions for writ of supersedeas shall be served in accordance with
CRC rule 8.824 and shall be accompanied by proof of service at the time of filing.
Petitions and oppositions shall be filed and served pursuant to LCR rule 1.8.

(C) Decision. Petitions for writ of supersedeas are ruled upon without hearing by the
Appellate Division, which may request that opposition papers be filed before ruling. In
appropriate cases, the matter may be set for oral argument.

(D) Showing required.

1) A stay may be granted only on a showing of exceptional circumstances.

2) Petitions in unlawful detainer actions shall meet the requirements of CCP
§ 1176.

(E) Temporary stays.

1) Pending the Appellate Division’s ruling on a supersedeas petition, a
temporary stay may be granted by the Court.

2) A request for temporary stay may be incorporated into a petition for writ
of supersedeas or filed separately with notice to the respondent. (CRC

rule 8.824(c).)

3) Applications for temporary stay shall be filed with the Clerk of the
Appellate Division, and are ruled upon without hearing.

(c) Criminal Appeals.

(1) Stay of Execution.

(A) An application for stay of execution shall first be made in the trial court, and, if denied,
may then be made in the Appellate Division. (See Penal Code § 1467; CRC rule
8.854.)

(B) Applications for stay orders shall be filed with the clerk of the Appellate Division and
served on opposing counsel in accord with LCR Rule 1.8.

(C) Applications for stay are ruled upon without hearing.

(2) Request for Bail Reduction on Appeal.

(A) An application for bail reduction shall first be made in the trial court, and, if denied,
may then be made in the Appellate Division. (Penal Code § 1272; CRC rule 8.312(2).)

(B) Applications for bail reduction are ruled upon without hearing.

(3) Bonds on Appeal. All proceedings concerning bonds on appeal shall be brought in the
trial court.

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

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Superior Court of California, County of San Mateo

1.3 APPOINTED COUNSEL IN MISDEMEANOR APPEALS.

(a) Right to Counsel. A defendant appealing a misdemeanor conviction who had appointed
counsel at trial or who meets the standards for appointed counsel is entitled to appointed counsel on
appeal. (CRC rule 8.851(a)(1).)

(b) Applications for Appointed Counsel.

(1) A party meeting the standards may apply for appointment of counsel either in the trial
court or in the Appellate Division. (CRC rule 8.851(b).)

(2) Applications shall be filed in accordance with LCR 1.8, except that they need not be
served on other parties, and are decided without hearing.

(3) Once the applicable court has approved the application for appointed counsel, the
designation of specific counsel on appeal is then made by the Executive Director of the San
Mateo County Bar Association’s Private Defender Program.

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

1.4 RECORD ON APPEAL

(a) Civil Appeals.

(1) Contents. The “record on appeal” includes the clerk’s transcript or agreed statement
(CRC rule 8.830(a)(1)) and may include the reporter’s transcript, an agreed statement, or a
settled statement on appeal (CRC rule 8.830(a)(2)). The record shall be designated by notice
filed in the trial court. (CRC rule 8.831.). If the trial court proceedings were reported by a
court reporter or officially electronically recorded under Government Code section 69957
and the trial court judge determines that it would save court time and resources, instead of
correcting a proposed statement on appeal:

(A) The trial court judge may order that the original of an official electronic recording
of the trial court proceedings, or a copy made by the court, be transmitted as the record of
these oral proceedings without being transcribed. The court will pay for any copy of the
official electronic recording ordered under this subdivision; or

(B) The trial court judge may order that a transcript be prepared as the record of the
oral proceedings. The court will pay for any transcript ordered under this subdivision. (CRC
rule 8.837(d)(6).)

(2) Clerk’s Transcript. Within ten days of notification by the clerk of the trial court’s
appeals division of the estimate of the cost of the preparation of the clerk’s transcript,
appellant shall make arrangement for payment of the required fees. (CRC rule 8.832(c)(3).)
The completed, official Clerk’s Transcript will be electronically transmitted to the attorney(s)
of record and/or appellant, via PDF or a link to the document. No paper copy will be
produced by the court.

(3) Reporter’s Transcript. Appellant shall designate and file notice in the trial court to
obtain a reporter’s transcript and pay for that transcript within the time required. (CRC rules
8.834(a), (b).)

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(4) Augmenting or Correcting the Record on Appeal. Either party may move to
augment or correct the record on appeal. (CRC rule 8.841.) Such motions shall comply with
LCR rule 1.8, and may be ruled upon without hearing.

(5) Burden of Providing the Record. It is the burden of the appellant to insure that the
Appellate Division has an adequate record for review pursuant to CRC rules 8.834 through
8.837, except to the extent provided in rule 8.842.

(b) Criminal Appeals.

(1) Contents. The “record on appeal” includes the clerk’s transcript, and may include a
reporter’s transcript or statement on appeal (CRC rule 8.860) and exhibits (CRC rule 8.870).
If the trial court proceedings were reported by a court reporter or officially electronically
recorded under Government Code section 69957 and the trial court judge determines that it
would save court time and resources, instead of correcting a proposed statement on appeal:

(A) The trial court judge may order that the original of an official electronic recording
of the trial court proceedings, or a copy made by the court, be transmitted as the record of
these oral proceedings without being transcribed. The court will pay for any copy of the
official electronic recording ordered under this subdivision; or

(B) The trial court judge may order that a transcript be prepared as the record of the
oral proceedings. The court will pay for any transcript ordered under this subdivision. (CRC
rule 8.869(d)(6).)

(2) Clerk’s Transcript. Upon filing of a Notice of Appeal, the clerk’s transcript is
prepared by the trial court Clerk without written request or payment of fees by the appellant.
(CRC rules 8.861 through 8.863.) The completed, official Clerk’s Transcript will be
electronically transmitted to the attorney(s) of record and/or appellant, via PDF or a link to
the document. No paper copy will be produced by the court.

(3) Reporter’s Transcript.

(A) Appellant’s responsibility. If appellant intends to present the evidentiary record
by a reporter’s transcript, appellant shall note that fact in his or her notice of election
filed within the time requirements specified in CRC rule 8.864(b), and shall deposit with
the clerk the estimated cost for preparing the transcript as provided in CRC rule
8.866(a)(2)(C), unless payment is waived by law or by court order. The reporter shall
file the original transcript with the Clerk of the Appellate Division and provide copies to
appellant and respondent. (CRC rule 8.866(d).)

(B) Waiver of reporter’s fees. Applications to cover the cost of reporter’s transcript
shall be made in the trial court at the clerk’s office. If the application is denied,
appellant may apply to the Appellate Division. The application shall comply with LCR

Rule 1.8, and will be ruled upon without hearing.

(4) Augmenting or Correcting the Record on Appeal. Either party may move to
augment or correct the record on appeal. (CRC rule 8.873.) Such motions shall comply with
LCR rule 1.8, and may be ruled upon without hearing.

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Superior Court of California, County of San Mateo

(5) Burden of Providing the Record. It is the burden of the appellant to insure that the
Appellate Division has an adequate record for review pursuant to CRC rules 8.864 through
8.870.

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) (Amended, effective Jan. 1,
2020) (Amended, effective July 1, 2021).

1.5 BRIEFS

(a) Time for Filing.

(1) Briefs. After the record on appeal has been transmitted, the Appellate Division will
notify the parties. The parties shall file briefs in accordance with the time periods specified in
CRC rule 8.882(a).

(2) Failure to File Timely Briefs. In civil appeals, failure of appellant to file an opening
brief on or before the required date is a ground to dismiss the appeal. In criminal appeals,
failure of appellant to file an opening brief on or before the required date is a ground to either
appoint new counsel if the appellant is represented by appointed counsel or to dismiss the
appeal. Failure to file a respondent’s brief on or before the required date will result in the case
being submitted for decision on the record on appeal, the appellant’s opening brief, and the
appellant’s oral argument. Such failure may cause the Appellate Division to accept as true the
statement of facts contained in appellant’s opening brief. (CRC rule 8.882(c).).

(b) Content and Format. Briefs shall comply with CRC rule 8.883, including but not limited to
the requirement that lines of text other than footnotes and block quotations must be at least one-
and-a-half-spaced as stated in CRC. Only one side of the paper may be used and such briefs shall be
bound at the top, with cover colors that comply with CRC 8.40(b).

(c) Length.

(1) No brief shall exceed 6,800 words in length without prior approval of the Appellate
Division. (CRC rule 8.883(b).) Tables of contents and/or authorities are excluded from
this limitation, but footnotes are included.

(2) Permission to file any briefs in excess of 6,800 words shall be obtained by application
in accordance with LCR rule 1.8.

(3) The brief must include a certificate stating the number of words in the brief as required
under CRC, rule 8.883(b).

(d) Service. Briefs shall be served as follows: the original on the Clerk of the Appellate
Division, one copy on the trial court, and one copy on opposing counsel. Proof of service on
the opposing party or their counsel, must also be filed with the Appellate Division. (See CRC
rule 8.882(e)).

(e) Extension of Time. Applications for extensions of time to file briefs shall be filed in the
Appellate Division in accordance with LCR rule 1.8.

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009) (Amended, effective January 1, 2022) (Amended, effective January 1, 2026)

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Superior Court of California, County of San Mateo

1.6 ORAL ARGUMENT

(a) Date and Time.

(1) Date. The date for oral argument will be set after briefing is completed. The hearing
date will be subject to written notice to the parties by the Clerk of the Appellate Division at
least 20 days prior to the hearing date, unless the Presiding Judge shortens the notice period
for good cause. (CRC rule 8.885.)

(2) Time. Unless noticed otherwise by the Clerk of the Appellate Division, all criminal
and civil matters are heard at 2:00 p.m.

(b) Failure to Appear. A party who fails to appear at oral argument when the case is called is
deemed to have waived oral argument, unless the delay or tardiness is excused by the Appellate
Division. (See CRC rule 8.885(c).)

(c) Continuances. Continuances will only be granted upon a showing of good cause.
Continuances by stipulation are subject to the approval of the Presiding Judge of the Appellate
Division. Written applications for continuance shall comply with LCR Rule 1.8, and will be ruled
upon without hearing.

(d) Amount of Time to Argue. Parties are entitled to time to argue of a maximum of ten
minutes per side, unless they have been granted a longer argument time by prior permission. (CRC
rule 8.885(d).)

(e) Supplemental Briefing. Supplemental briefing will be permitted when the Appellate
Division indicates it intends to decide a case upon the basis of an issue not briefed or proposed by
any party. (Govt. Code § 68081.)

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

1.7 DECISION

(a) Time for Decision. The Appellate Division shall decide a case within ninety days after
submission. (Cal. Const., Article 6, §19.)

(b) Opinion. The Appellate Division may file an opinion on each appeal, but is not required to
do so. (CRC rule 8.887(a).)

(c) Publication. An opinion is published in whole or in part in the Official Reports when a
majority of the judges in the Appellate Division who participated in the opinion certifies that the
opinion meets one or more of the standards set forth in CRC rule 8.1105(c), and the Court of
Appeal does not order the case transferred to it for hearing and decision. (CRC rules 8.1105(b),
8.1002.)

(d) Rehearing and/or Certification.

(1) Any petition for rehearing shall be served and filed with proof of service as provided in
CRC rule 8.889(b)(1). No answer may be filed unless the court requests one. (CRC rule
8.889(b)(2).)

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Superior Court of California, County of San Mateo

(2) If a rehearing is ordered, the Appellate Division may place the case on calendar for
further argument or may resubmit the matter for decision without argument. (CRC rule
8.889(d).)

(3) Any party may move to certify, or the Appellate Division on its own motion may
certify, that transfer of a case to the Court of Appeal appears necessary to secure uniformity
of decision or to settle important questions of law. (CRC rule 8.1005(a).) An application to
certify shall be filed within 15 days after the judgment is pronounced or modified. (CRC rule
8.1005(b).)

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

1.8 APPLICATIONS AND MOTIONS

(a) Routine Applications. Routine applications shall be served on opposing counsel and
submitted to the Appellate Division. (CRC rules 8.810 through 8.817.)

(b) Motions. Written motions in connection with all non-routine matters shall be served on all
parties and shall be filed in the Appellate Division. (CRC rule 8.808.) Motions filed before the
Appellate Division has received the record on appeal shall be accompanied by copies of documents
previously filed sufficient to permit review.

(c) Motions to Withdraw as Counsel. Motions of an attorney to withdraw as counsel of record
shall comply with the requirements of CCP sections 284 and 285, and CRC rules 3.1362 and
8.814(c).

(d) Ruling on Applications and Motions. Rulings on applications and motions made pursuant
to this rule are made without hearing.

(e) Abandonment. A civil appeal may be abandoned on written request of the appellant or
stipulation of the parties filed with the Clerk of the Appellate Division. (CRC 8.8259b).) A criminal
appeal may be abandoned by filing a written abandonment of appeal with the Clerk of the Appellate
Division. (CRC rule 8.855(b).)

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

1.9 EXTENSIONS AND RELIEF FROM DEFAULT

(a) Where Application For Extension Filed. Applications for extension of time to prepare the
record on appeal shall be made to the trial court. (CRC rule 8.810(b).) All other applications for
extension of time shall be made to the Appellate Division. (CRC rule 8.810(c).)

(b) Denial or Failure To Grant By Trial Court. If an extension of time is denied or cannot be
granted by the trial court, application may be made to the Appellate Division in accordance with
LCR rule 1.8, and will be ruled upon without hearing.

(c) Reinstatement of Appeal. Applications to grant relief from default or reinstate an appeal
after dismissal shall follow the procedures set forth in sub-paragraph (b) above.

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

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Superior Court of California, County of San Mateo

1.10 WRITS

(a) Assigned Departments. Petitions for writ of mandate or prohibition in limited civil,
misdemeanor or infraction cases shall be heard in the Appellate Division. (CCP §1085(b), 1103(b),
and 1068(b); CRC rule 8.930.) Petitions for writ of habeas corpus shall not be considered by the
Appellate Division. (CRC rule 4.552(d).) Instead, habeas petitions may be filed with the Clerk of
the Superior Court.

(b) Content and Format. Briefs relating to a petition for writ of mandate or prohibition shall
comply with CRC rules 8.931 through 8.933 and 8.883, except that only one side of the paper may
be used and they must be bound at the top, with cover colors that comply with CRC 8.40(b).

(c) Service. Briefs relating to a petition for writ of mandate or prohibition shall be served as
follows: the original and three copies on the Clerk of the Appellate Division, one copy on the trial
court, and one copy on opposing counsel. (See CRC rule 8.931(c)(3).)

(Adopted, eff. Jan. 1, 2009) (Amended, effective July 1, 2009)

Div I – Appellate Division Rules 108 Revised 1/1/2026

Superior Court of California, County of San Mateo

Return to Table
DIVISION II of Contents
COURT MANAGEMENT - SUPERIOR COURT

CHAPTER 1. FORM AND SERVICE OF PAPERS

Rule 2.0 Transfer of Court-Related Functions of the County Clerk to the Superior Court .......... 200

Rule 2.1 Form of Papers Presented for Filing ......................................................................... 200 Rule 2.1.1 REPEALED [Authority From Non-California Jurisdictions] ..................................... 200 Rule 2.1.2 REPEALED [Requests for Judicial Notice] .............................................................. 200

Rule 2.1.3 California Environmental Quality Act (CEQA) ........................................................ 200 Rule 2.1.4 Documents Produced Through Non party ................................................................ 200 Rule 2.1.5 Permissive Electronic Filing of Documents .............................................................. 200 Rule 2.1.6 Attaching Photographs to Filed Documents .............................................................. 201

Rule 2.1.7 Mandatory Electronic Filing of Documents ............................................................... 201

Rule 2.1.8 Documents That Cannot Be Electronically Filed ....................................................... 202

Rule 2.1.9 Lodging of Confidential Discovery Documents ......................................................... 202

CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES PART 1. MANAGEMENT DUTIES

Rule 2.2 REPEALED Trial Management .............................................................................. 203

PART 2. CASEFLOW MANAGEMENT

Rule 2.3 REPEALED New Case Management ...................................................................... 203 Rule 2.3.1 REPEALED Orders to Show Cause re: Dismissals ................................................. 203 Rule 2.4 REPEALED Settlement Conferences ....................................................................... 203

PART 3. CALENDAR MANAGEMENT

Rule 2.5 REPEALED Trial Date Settlement Conferences ...................................................... 203 Rule 2.6 REPEALED Renumbered (Rule 2.7.6)[Refund of Jury Fees: Duty to notify Court] ..... 203

CHAPTER 3. [RESERVED]

CHAPTER 4. JURY RULES

Rule 2.7 Length of Jury Service ............................................................................................ 203

Rule 2.7.1 Proposed Jury Instructions ....................................................................................... 204

Rule 2.7.2 Duty of Counsel With Respect to Jury Instructions ................................................. 204

Rule 2.7.3 Form of Proposed Jury Instructions (CCP 607a, 609, CRC 2.1055) ........................... 204 Rule 2.7.4 Changing Jury Instructions ...................................................................................... 204 Rule 2.7.5 Jury Instruction Conference ..................................................................................... 205 Rule 2.7.6 Refund of Jury Fees: Duty to notify Court (REPEALED, effective 1/1/13)................. 205 Rule 2.7.7 Juror Questionnaires, Preparation, Approval, and Printing ........................................ 205

CHAPTER 5. GENERAL RULES

Rule 2.8 Family Law Rules ................................................................................................... 206 Rule 2.9 Required Action ..................................................................................................... 206 Rule 2.10 Interpreters and Translators ..................................................................................... 206 Rule 2.11 Return of Exhibits in Civil Cases ............................................................................. 206

Rule 2.12 Court Reporter Availability in Civil Actions ..............................................................206

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Superior Court of California, County of San Mateo

Rule 2.13 Policy Against Bias ..................................................................................................208

Rule 2.14 Generative Artificial Intelligence Policy .................................................................... 209

Rule 2.15 Transfer out of non-criminal cases ............................................................................. 209 (Rules 2.16 through 2.19 Reserved)

CHAPTER 6. CIVIL TRIAL RULES

Rule 2.20 Trial Motions, Briefs, Statements, and Witness Lists .............................................. 209 Rule 2.21 In Limine Motions ................................................................................................. 210 Rule 2.22 Production of Exhibits ............................................................................................ 210

(Rules 2.23 through 2.29 Reserved)

CHAPTER 7. COMPLEX CASES

Rule 2.30 REPEALED Determination of Complex Case Designation ..................................... 210 Rules 2.31 to 2.35 RESERVED ....................................................................................................... 210

CHAPTER 8. ACCESS TO COURT RECORDS

Rule 2.36 Public Access and Privacy ...................................................................................... 210

Rule 2.37 Public Access to Exhibits, Attachments or other Documents not Otherwise Filed ... 210

Rule 2.38 Electronic Access ................................................................................................... 210

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Superior Court of California, County of San Mateo

DIVISION II
COURT MANAGEMENT - SUPERIOR COURT Return to Table
of Contents
CHAPTER 1. FORM AND SERVICE OF PAPERS

Rule 2.0 Transfer of Court-Related Functions of the County Clerk to the Superior Court

Pursuant to the authority contained in Government Code section 69898, the court hereby transfers

from the County Clerk to the Superior Court Executive Officer, under the direction of the Presiding Judge, all of the powers, duties, and responsibilities required or permitted to be executed or performed by the County Clerk in connection with judicial actions proceedings, and records.

(Adopted, effective July 1, 1996.)

Rule 2.1 Form of Papers Presented for Filing

Reference, CRC, rule 2.100, et seq. Original hard copy documents presented to the clerk for filing shall be submitted bound at the top by a clip or fastener (but not staples).

(Adopted, effective July 1, 1996) (Amended effective January 1, 2000) (Amended, effective January 1, 2007) (Amended, effective January 1, 2020)

Rule 2.1.1 Citations to Non-California Authorities.

(Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 2.1.2 Requests for Judicial Notice

(Adopted, effective July 1, 1996)(Repealed, effective January 1, 1999)

Rule 2.1.3 California Environmental Quality Act (CEQA)

If a petition for writ of mandate or complaint includes claims under CEQA (Public Resources

Code section 21000 et. seq.), the case will be assigned to a judge designated to hear CEQA actions pursuant to Public Resources Code section 21167.1. Plaintiff shall identify the petition or complaint as being filed pursuant to “CEQA” on the face of the petition or complaint.

(Adopted, effective January 1, 1999)(renumbered from 2.1.4 effective January 1,2000)(Amended, effective January 1,

Rule 2.1.4 Documents Produced Through a Nonparty

If a party proposes to obtain documents in the custody of a nonparty, as by a subpoena duces

tecum, and such documents may be produced by certification or otherwise in lieu of personal appearance by a witness custodian, the request for such documents should specify that they be delivered not later than the first day for which the trial is calendared.

(Adopted, effective January 1, 2000)

Rule 2.1.5 Permissive Electronic Filing of Documents

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Superior Court of California, County of San Mateo

(a) The Court does not presently have permissive electronic filing in other types of cases. (See Local Rule 2.1.7 for mandatory electronic filing of documents.)

(b) This Rule is subject to all of the conditions set forth in Code of Civil Procedure Section 1010.6(b) and any requirements set forth in CRC Rules 2.250 et seq. (Trial Court Rules, Division 3, Chapter 2).

(c) No direct electronic transmission to the Court of any document for filing is allowed. Electronic filing of documents must be done through one of this Court’s authorized Electronic Filing Service Providers. The Court’s electronic filing procedures and requirements, including identification of its Electronic Filing Service Providers (EFSP), are available on this Court’s website at www.sanmateo.courts.ca.gov/ and available in print at the Clerk’s Office. An EFSP may require payment of a convenience fee and/or transaction fee and/or impose other reasonable requirements as conditions for processing the electronic filing of a document.

(d) Repeal. (See CCP §1010.6(b)(3).)

(Adopted, effective January 1, 2014) (Amended, effective January 1, 2017)(Amended, effective

July 1, 2017) (Amended, effective January 1, 2019)(Amended, effective July 1, 2019) (Amended January 1, 2020) (Amended July 1, 2020) (Amended, effective July 1, 2021) (Amended, effective January 1, 2022).

Rule 2.1.6 Attaching Photographs to Filed Documents

A person filing a document with the court who is attaching a black and white or color photograph

to the document to be filed must include on the caption page “Photograph Image Attached”.

(Adopted, effective July 1, 2018).

Rule 2.1.7 Mandatory Electronic Filing of Documents

(a) (1) Except for self-represented litigants, all parties are required to

electronically file documents in all actions or proceedings brought under the Family Code, and all actions or proceedings to which the Probate Code applies, pursuant to CRC Rule 7.802. (2) Except for self-represented litigants, all parties are required to electronically file documents in all Civil Limited cases and in all Civil Unlimited cases. (3) Except for self-represented litigants, all parties are required to electronically file documents in all civil class actions, civil coordinated actions, civil actions provisionally complex under CRC Rule 3.400(c), and civil actions deemed complex pursuant to CRC Rule 3.403. (4) Except for self-represented litigants, all parties are required to electronically file documents in all actions under the jurisdiction of the Small Claims Court, pursuant to Code of Civil Procedure Section 116.110 et seq. (5) Except for self-represented litigants, all parties are required to electronically file documents in all Unlawful Detainer actions brought under Code of Civil Procedure Sections 1159 through 1179a.

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(6) Except for self-represented litigants, all parties are required to electronically

file all documents, subsequent to the filing of the Complaint, in all felony, misdemeanor, and infraction Criminal actions, except for Traffic Court cases. (7) Except for self-represented litigants, all parties are required to electronically file all documents in all actions for Adoption, and all actions under the jurisdiction of the Juvenile Court. (b) Pursuant to CRC Rule 2.252(e), in a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days. (c) Pursuant to CCP Section 1010.6(d)(4) and CRC Rule 2.253(b)(1), self- represented parties are exempt from any mandatory electronic filing requirements, but are permitted to and encouraged to electronically file documents, if they so choose. (d) A party that is subject to mandatory electronic filing may seek to be excused therefrom by submitting a Request for Exemption from Mandatory Electronic Filing and Service, Judicial Council form EFS-007, and obtaining a court order granting the request. (Adopted, effective January 1, 2020) (Amended, effective July 1, 2021) (Amended effective January 1, 2022).

Rule 2.1.8 Documents That Cannot Be Electronically Filed

As an exception to Rule 2.1.5 and Rule 2.1.7, certain documents cannot be electronically filed (or lodged) with the Court, and must be filed by conventional means, i.e., paper documents. At present, documents that cannot be electronically filed (or lodged) and must be submitted in paper form, include the following: (a) In All Actions: Ex parte applications (except probate ex parte filings that comply with Local Rule 4.7) and all other ex parte filings; trial exhibits; administrative records; writs; abstracts; subpoenas; bonds and undertakings; out-of-state commissions; out-of-state judgments; subpoenas for out-of-state actions; (b) In Probate actions: Wills; codicils; estate planning documents; documents lodged pursuant to Probate Code section 2620; letters of administration; letters of testamentary; certified copy of death certificate; letters of conservatorship, guardianship, or temporary guardianship or conservatorship; (c) In General Civil actions: Certificate of Fact form DL30; (d) In Criminal actions: documents filed before the Complaint; (e) In Family Law actions: Section 170.1 judicial challenge for cause. A list of such documents is regularly updated on the Court’s website, as the Court continues to expand its electronic filing capabilities.

(Adopted, effective January 1, 2020) (Amended, effective July 1, 2020) (Amended, effective July 1, 2021) (Amended, effective January 1, 2025) (Amended, effective July 1, 2025).

Rule 2.1.9 Lodging of Confidential Discovery Documents

A party filing a discovery motion must lodge and not file any confidential documents with the Court. All such documents must be clearly labeled “Confidential discovery documents lodged with the Court pursuant to Local Rule 2.1.9.” Because such documents are exempt from California Rules of Court, rules 2.550 and 2.551, they will not be sealed, but will be destroyed if

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Superior Court of California, County of San Mateo

submitted in hard copy, or stricken from the Court’s electronic files if submitted electronically within 60 days after the hearing of the motion.

(Adopted, effective January 1, 2025)

CHAPTER 2. CIVIL TRIAL COURT MANAGEMENT RULES PART 1. MANAGEMENT DUTIES

Rule 2.2 Trial Court Management

REPEALED (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Repealed, effective January 1, 2021)

PART 2. CASEFLOW MANAGEMENT

Rule 2.3 New Case Management REPEALED

(Adopted, effective July 1, 1996)(Amended, effective January 1,2000) (Amended, effective January 1, 2003) (Amended effective July 1, 2003) (Amended, effective January 1, 2005)(Amended, effective January 1, 2006) (Amended, effective January 1, 2007) (Amended, effective January 1, 2010)(Amended, effective July 1, 2017) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021)

Rule 2.3.1 Orders to Show Cause re: Dismissals

REPEALED

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2003)(Amended, effective January 1, 2006)

(Repealed, effective January 1, 2021)

Rule 2.4 Settlement Conference

REPEALED

(Adopted, effective July 1, 1996) (Amended, effective January 1, 2003)(Amended, effective July 1, 2005) (Amended, effective January 1, 2007) (Amended, effective January 1, 2009) (Amended January 1, 2020) (Repealed, effective January 1, 2021).

PART 3. CALENDAR MANAGEMENT

Rule 2.5 Trial Date Settlement Conference

REPEALED

(Adopted, effective July 1, 1996) (Repealed, effective January 1, 2021)

Rule 2.6 Refund of Jury Fees: Duty to Notify Court

(Adopted, effective July 1, 1996) (REPEALED and Renumbered as Rule 2.7.6)

CHAPTER 3. [RESERVED]

CHAPTER 4. JURY RULES

Div II - Rules 203 Revised 1/1/2026

Superior Court of California, County of San Mateo

Rule 2.7 Length of Jury Service

In compliance with CRC 2.1002, a person has fulfilled his or her jury service obligation when he

or she has: (a) Served on one trial until discharged. (b) Been assigned on one day for jury selection until excused by the jury commissioner. (c) Attended court but was not assigned to a trial department for selection of a jury before the end of that day. (d) Been assigned to a trial department for selection of a jury and has been excused by the trial judge. (e) Served one day on call. (f) Served no more than 5 court days on telephone standby. (Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Rule 2.7.1 Proposed Jury Instructions

A. Reference California Rules of Court, Rules 2.1055 and 2.1050.

B. The Trial Department shall determine in its discretion the timing of submission of proposed jury instructions.

(Amended, effective January 1, 2002) (Amended, effective January 1, 2006) (Amended, effective January 1, 2007)

Rule 2.7.2 Duty Of Counsel with Respect to Jury Instructions

Before delivery of proposed jury instructions to the trial judge and opposing counsel, counsel shall

fill in all blanks, make all strikeouts, insertions and modifications therein which are appropriate to the case. Submission of a form, which requires additions or modifications to constitute a complete and intelligible instruction, shall not be deemed a request for such instruction.

In addition to a hard copy of the proposed jury instructions, counsel shall provide the modified

instructions on a CD or USB flash drive, also commonly referred to as a thumb drive, and a clean copy of the instructions to be given to the jury.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2006) (Amended, effective January 1, 2010)

Rule 2.7.3 Form of Proposed Jury Instructions (CCP §§ 607a, 609,)

All proposed jury instructions shall conform to the requirements of California Rules of Court, Rule

2.1055. Any jury instructions requested after the conclusion of taking evidence shall be in writing. The court, in its discretion, may permit instructions to be sent into the jury room in "Booklet Form". In "Booklet Format" the text of the instruction is printed continuously on the page and may result in several instructions to the page. Such instructions may be accompanied by a table of contents.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2006) (Amended, effective January 1, 2007)

Rule 2.7.4 Changing Jury Instructions

If, after the jury instruction conference and at any time before giving the instructions and verdict

and findings forms to the jurors, the trial judge determines to make any substantive change therein, all parties should be so advised on the record outside the hearing of jurors.

Div II - Rules 204 Revised 1/1/2026

Superior Court of California, County of San Mateo

(Adopted, effective January 1, 2000)

Rule 2.7.5 Jury Instruction Conference

Before final argument and after submission to the trial judge of all proposed jury instructions,

verdict and findings forms, a conference outside the presence of jurors will be held. Ordinarily, a reporter or recorder is not required at the commencement of such conference.

In the event the trial judge intends to give any instructions or use any form of verdict or findings

on the court's own motion, such instructions, verdicts or findings should be delivered to counsel.

The trial judge will then discuss with counsel:

(1) Whether any requested proposed instructions, verdicts or findings are patently
inappropriate and will be voluntarily withdrawn;

(2) Whether there is any patent omission of instructions, verdicts or findings which are
appropriate and that may be given without objection;

(3) Whether there is any other modification, namely those to which the parties will stipulate.

Counsel shall meet prior to this conference to discuss each other's jury instructions and classify

them into (1), (2) and (3) above.

The foregoing unreported conference will generally result in clarification of the matters, and

creation of three categories of instructions, verdicts or findings that may be withdrawn, given or modified.

Thereafter, the conference should be reported and the trial judge should confirm for the record the

matters agreed upon. The trial judge should also specify those instructions, verdicts and findings forms the court proposes to give, refuse or modify, whether at the request of a party or on the court's own motion. The court will hear any objections to the foregoing and rule thereon.

The trial judge should sign each requested instruction and indicate the disposition thereof, all of

which shall be thereafter filed by the clerk. If a requested instruction is withdrawn, counsel shall so indicate by writing "withdrawn" and signing or initialing such instruction.

(Adopted, effective January 1, 2000)

Rule 2.7.6 Refund of Jury Fees: Duty to Notify Court

(Adopted, effective July 1, 2004 [former Rule 2.6]) (Repealed, eff. 1/1/2013 per CCP §631.3)

Rule 2.7.7 Juror Questionnaires for all case types, with the exception of death penalty cases

A. Printing of juror questionnaires.

1. If juror questionnaires are proposed by any party, the requesting party must provide a copy
of the proposed questionnaire to all parties and they must meet and confer to agree on a
questionnaire that will be distributed to prospective jurors. The juror questionnaire must be
presented to the trial judge on the day of trial at the very latest. The trial judge has discretion to
determine whether a juror questionnaire will be allowed.

2. The proposed questionnaire shall be presented to the trial judge for review and approval
prior to it being used. Once the trial judge has approved the questionnaire, it is the responsibility

Div II - Rules 205 Revised 1/1/2026

Superior Court of California, County of San Mateo

of the requesting party to bear the cost of creating and copying the blank questionnaire and present the copies to the courtroom staff of the trial department prior to the juror selection process. Counsel shall be responsible to provide sufficient number of copies of the blank questionnaire for the entire juror selection process.

B. Printing and Distribution of Completed Juror Questionnaires.

1. As juror questionnaires are completed by prospective jurors, the court staff will collect
the questionnaires, process them and deliver them to the requesting party for copying. It is the
responsibility of the requesting party to print copies of the completed questionnaires for all parties
in the case and the court and to distribute the copies to the parties and the court within the
timeframe as specified by the trial judge. All originals must be returned to the courtroom clerk of
the trial department hearing the trial immediately after they have been copied.

2. The parties in the case may agree to share in the cost of printing the questionnaires at
which time they are to notify the court of their agreement.

(Adopted, effective January 1, 2012)

CHAPTER 5. GENERAL RULES

Rule 2.8 Family Law Rules

The local rules of San Mateo Superior Court relating to Family Law are contained in Division V of these rules, infra.

(Adopted, effective July 1, 1996)

Rule 2.9 Required Action

Action shall be taken on all calendared cases and a future date for action shall always be set. No case shall go “off calendar” without a future action being set.

(Adopted, effective July 1, 1996.)

Rule 2.10 Interpreters and Translators

A. Notice. When a party desires an interpreter, it shall be the responsibility of that party to give notice to the Court and all other parties of record. That party shall make arrangements for the presence and the payment of the interpreter.

B. Qualifications. Unless the interpreter is an official court interpreter, the interpreter’s name and qualifications shall be provided to the court and opposing counsel five (5) court days prior to the date of the interpreter’s appearance . If the interpreter is an official court interpreter, no prior disclosure is required.

C. Relations or friends. Without the consent of all parties, a relation or a friend may not be used as an interpreter or translator in a contested proceeding.

(Adopted, effective January 1, 2000)

2.11 Return of Exhibits in Civil Cases

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Superior Court of California, County of San Mateo

In the event that an order to return exhibits is not issued by a judicial officer at the conclusion of a trial or other court proceedings, the Court Executive Officer or designee, may seek an order of court to return the exhibits following the statutory time periods as set forth in C.C.P. §§1952 and 1952.2.

(Adopted, effective July 1, 2011)

2.12 Court Reporter Availability in Civil Actions

(a) Unavailable. (i) The services of official court reporters are not normally available during regular court hours for the following civil departments and calendars: Case Management Conferences, Case Management and Trial Setting Conferences, Informal Discovery Conferences, Mandatory Settlement Conferences, Post-Judgment Orders of Examination, Orders to Show Cause (set for the Civil Commissioner), Unlawful Detainer pretrial conferences, Unlawful Detainer Limited Jurisdiction Court Trials, Unlawful Detainer Limited Jurisdiction Jury Trials, Small Claims actions, Small Claims appeals, Small Claims night court, and Lanterman-Petris- Short Act pretrial conservatorship proceedings. (ii) Pursuant to Government Code Section 69957, when a court reporter is not available or not demanded, the Court may use and provide electronic recording of Unlawful Detainer Civil Limited Jurisdiction court trials and jury trials. (b) May be Available. The services of official court reporter may be available during regular court hours for the following civil calendars: Pre-Trial Conferences, Court Trials, and Jury Trials. (c) Available. The services of an official court reporters are normally available during regular court hours for all other civil departments and calendars, not identified in subsections (a) and (b). The services of an official court reporter will be available for Complex Case Management Conferences if held in conjunction with (or on the same calendar with) motions set for hearing on the Complex Law & Motion calendar. (d) Bring Your Own. Parties have the right to arrange, at their own expense, for the presence of court reporters if the services of an official court reporter are not available for a proceeding (Government Code § 68086 & California Rules of Court, Rule 2.956). (i) In accordance with California Rules of Court Rule 2.956, a party requesting an official court reporter must file the Request for an Official Court Reporter for any hearings and trials for which an official court reporter may not or will not be available, and the Court will provide one if available. a. Local Court Form CV-69, Request for an Official Court Reporter for Civil Court Proceedings, must be filed at least 10 calendar days prior to the scheduled hearing or trial date for which you are requesting an official court reporter. b. The Court will inform the requesting attorney or self-represented litigant by way of email at least 5 calendar days prior to the scheduled hearing or trial date if an official court reporter CANNOT be provided. c. If you do not receive an email notification from the Court at least 5 calendar days prior to the scheduled hearing or trial date, it means that an official court reporter will be provided. (ii) Fee waiver recipients who want a verbatim record of a trial court proceedings must notify the Court in writing by filing Judicial Council form FW-020 at least 10 calendar days in advance of the scheduled hearing or trial date. (See Jameson v

Div II - Rules 207 Revised 1/1/2026

Superior Court of California, County of San Mateo

Desta (2018) 5 Cal.5th 594) If a fee waiver litigant requests the presence of an official court reporter and it appears that none can be made available, the proceeding will be continued until such time as an official court reporter can be provided. (e) Contracting with a Court Reporter Pro Tempore. If the services of an official court reporter are not available for a hearing or trial, a party may arrange for court reporter pro tempore services at their own expense, pursuant to Gov. Code § 68086 and CRC 2.956. (i) A party requesting appointment of an official reporter pro tempore must complete and have signed by the official reporter pro tempore Local Form CV-68 (Appointment of Official Court Reporter Pro Tempore), and provide it to the Judicial Officer at the commencement of the proceeding. (ii) The Judicial Officer must sign Local Form CV-68 (Appointment of Official Court Reporter Pro Tempore) appointing the reporter as an official reporter pro tempore, before the reporter may report the proceeding. The appointment of the reporter pro tempore will be noted in the Minutes, and the courtroom clerk will file the document. There can only be one official record of court proceedings, and only a reporter appointed by the Court may report a court proceeding (Code of Civil Procedure § 273). Only one reporter will be allowed to report a court proceeding at any given time. If the parties cannot agree on a reporter, the Judicial Officer will make the selection. (iii) The party arranging for an official reporter pro tempore is responsible for paying the reporter’s fees (CRC rule 2.956(c)). All fees must be paid directly to the court reporter. These expenses may be recoverable as part of a party’s costs as provided by law (Government Code § 68086(a)(4)). (iv) If a party arranges and pays for the attendance of a certified shorthand court reporter at a hearing in a civil case because of the unavailability of the services of an official court reporter, none of the parties will be charged by the Court for the reporter's attendance fee provided for in Government Code sections 68086(a)(1) or (b)(1). (f) Court Reporter Pro Tempore Requirements. By signing Local Form CV-68 (Appointment of Official Court Reporter Pro Tempore) and accepting the appointment as an Official Court Reporter Pro Tempore for that proceeding, the court reporter pro tempore shall take and subscribe to the Constitutional Oath of Office, and confirm and agree that he or she: (i) Has a valid, current California Certified Shorthand Reporter License; (ii) Is in good standing with the Court Reporters Board of California; (iii) Will maintain current contact information with the Court; (iv) Understands and acknowledges that all fees for reporting services, including appearance, transcript, and real-time fees, are the responsibility of the party(ies) who arranged for the reporter’s services, and no such fees may be charged to the Court; (v) Will comply with all statutes and rules applicable to an Official Reporters Pro Tempore, including the duty to prepare transcripts, both trial and appellate, timely, and in the required form; and (vi) Will comply with the Court's requirements as stated in the Official Court Reporter Pro Tempore Policy (on the Court’s website) regarding uploading electronic notes on a timely basis.

(Adopted, effective January 1, 2020; Amended, effective July 1, 2020; Amended, effective July 1, 2022; Amended, effective January 1, 2023; Amended, effective January 1, 2024.)

Rule 2.13 Policy Against Bias

Div II - Rules 208 Revised 1/1/2026

Superior Court of California, County of San Mateo

(a) It is the policy of the Court to refrain from and prevent biased conduct. In all

court interactions, it is the policy of the Court that its judicial officers and its employees should refrain from engaging in conduct and should take action to prevent others from engaging in conduct that exhibits bias, including but not limited to bias based on age, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, socioeconomic status, and any other classification protected by federal or state law, including Government Code section 12940(a) and Code of Judicial Ethics, canon 3(B)(5), whether that bias is directed toward counsel, court staff, witnesses, parties, jurors, or any other person. This policy does not preclude legitimate comment or advocacy when such classifications are issues in court proceeding, nor preclude the Court from considering such classifications when necessary or relevant to the proper exercise of adjudicatory or administrative functions. (b) Any violation of the policy against bias committed by any judge or commissioner or judge pro tem or Court Executive Officer of this Court, should be reported in writing directly to the Presiding Judge or the Assistant Presiding Judge. Any violation of the policy against bias committed by any court-appointed referee should be reported in writing directly to the Presiding Judge, the Assistant Presiding Judge, or the sitting judge who appointed that referee. Any violation of the policy against bias committed by any court employee or court administrator should be reported in writing directly to the Court Executive Officer. Any violation of the policy against bias committed by any persons appearing in Court, including but not limited to parties, attorneys, witnesses, or jurors, should be reported in writing directly to the judicial officer before whom the proceedings were conducted. (c) Consistent with Standard 10.20(c) of the Standards of Judicial Administration, and in collaboration with the San Mateo County Bar Association, the Committee for Professional Equality is and was established, co-sponsored by this Court. The purpose of the Committee for Professional Equality is to increase awareness and educate members of the legal profession about issues of bias, including sponsoring and supporting educational programs designed to eliminate unconscious and explicit biases within the courts and legal communities. The members of the Committee shall include at least one active San Mateo County judge and one retired San Mateo County judge, one court administrator, one attorney member of the San Mateo County Bar Association, one non-attorney community member, and one attorney member of the San Mateo County Bar Association’s Women Lawyers Section. The members shall sit for three years on rotating terms.

(Adopted effective July 1, 2022; Amended effective January 1, 2023.)

Rule 2.14 Generative Artificial Intelligence Policy The Court will post and regularly update expectations for the use of Generative Artificial Intelligence (AI) on the Court’s website (www.sanmateo.courts.ca.gov). Attorneys and Self-Represented Litigants who use AI must be familiar with and follow these expectations.

(Adopted, effective January 1, 2026)

Rule 2.15 Transfer out of non-criminal cases All documents in cases that are ordered transferred to the jurisdiction of the Superior Court of another county will be sent to the receiving county on a device used to store electronic media (e.g., thumb drive). The device will be accompanied by any required filing fees or fee waiver forms.

Div II - Rules 209 Revised 1/1/2026

Superior Court of California, County of San Mateo

(Adopted, effective January 1, 2026)

Rules 2.16 thru 2.19 (Reserved)

CHAPTER 6. CIVIL TRIAL RULES

Rule 2.20 Trial Motions, Briefs, Statements, and Witness Lists Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: (1) Any in limine motions and response thereto; (2) Any trial briefs; (3) A concise non-argumentative statement of the case to be read to the jury; and (4) A list of possible witness who may testify in the trial to be read to the jury panel by the court.

(Adopted, effective January 1, 2002)

Rule 2.21 In Limine Motions

Any in limine motions shall be served upon opposing counsel not less than five (5) days prior to trial. Any response shall be served upon the proponent of the motion not later than the first appearance in the Department of the Presiding Judge for trial assignment.

(Adopted, effective January 1, 2002)

Rule 2.22 Production of Exhibits

Any party intending to offer any exhibit at the time of trial shall be prepared, by the time of assignment to a trial department, with an original and sufficient copies of each such exhibit for all other parties and the court. The court may make, in its discretion, any orders it deems appropriate regarding the exchange and presentations of exhibits.

(Adopted, effective January 1, 2002)

RULE NUMBERS 2.23 TO 2.29 ARE RESERVED

CHAPTER 7. COMPLEX CASES

Rule 2.30 Determination of Complex Case Designation.

REPEALED

(Adopted, effective July 1, 2004)(Amended, effective July 1, 2005) (Amended, effective January 1, 2006)(Amended, effective January 1, 2007) (Amended, effective July 1, 2015) (Repealed, effective January 1, 2021)

RULE NUMBERS 2.31 TO 2.35 ARE RESERVED

CHAPTER 8. ACCESS TO COURT RECORDS

Rule 2.36 Public Access and Privacy

Please reference. California Rules of Court, Rule 1.201.

(Adopted, effective January 1, 2008) (Amended, effective July 1, 2024)

Div II - Rules 210 Revised 1/1/2026

Superior Court of California, County of San Mateo

Rule 2.37 Public Access.

Exhibits or attachments to a document that are filed or lodged with or otherwise presented to the court, that are not otherwise marked as confidential or sealed, may be subject to public viewing and access either at the courthouse or electronically on-line (California Rules of Court, Rule 2.503, et seq.).

(Adopted, effective January 1, 2008)

Rule 2.38 Electronic Access.

Documents that are part of a court record are reasonably made available to the public electronically under the Court’s Electronic Imaging program as permitted by California Rules of Court, Rules 2.500, et seq. Documents that are not properly protected by being marked confidential or sealed by court order may be subject to public access as discussed in Rule 2.38.

(Adopted, effective January 1, 2008)

Div II - Rules 211 Revised 1/1/2026

Superior Court of California, County of San Mateo

DIVISION III
DIRECT CALENDAR CIVIL DEPARTMENTS Return to Table
ASSIGNMENT, CASE MANAGEMENT, AND LAW AND MOTION of Contents
SUPERIOR COURT

CHAPTER 1. GENERAL PROVISIONS

Rule 3.1 REPEALED Application ........................................................................................... 300 Rule 3.2.1 REPEALED Law and Motion Calendar Matters ........................................................ 300 Rule 3.2.2 REPEALED Law and Motion Hearings .......................................................................300

Rule 3.3 Form of Papers .......................................................................................................... 300

Rule 3.4 Points and Authorities ............................................................................................... 300

Rule 3.5 Declarations and Affidavits ....................................................................................... 300

Rule 3.6 Judicial Notice .......................................................................................................... 300

Rule 3.7 Notice of Hearing and Filing of Papers ...................................................................... 301

Rule 3.8 List of Parties ............................................................................................................ 301 Rule 3.9 REPEALED Continuances and Taking Matters Off Calendar .................................... 301

Rule 3.10 Tentative Rulings ....................................................................... 301 Rule 3.11 REPEALED Opposition on Ground of Unavailability of Evidence ............................ 301

Rule 3.12 Evidence at Hearing .................................................................................................. 302 Rule 3.13 REPEALED CourtCall Telephonic Appearances ....................................................... 302 Rule 3.14 REPEALED Motions for Summary Judgment and Summary Adjudication ................ 302 Rule 3.15 REPEALED Unlawful Detainers ............................................................................... 302 Rule 3.16 REPEALED Motions to Continue Arbitration ........................................................... 302

Rule 3.17 Motions After Trial ................................................................................................... 302 Rule 3.18 Motions to Reconsider ............................................................................................... 302

Rule 3.19 Tentative Rulings on Calendar of the Presiding Judge ................................................ 303

DIRECT CALENDAR CIVIL DEPARTMENTS

Rule 3.100 Application ................................................................................................................ 303

ASSIGNMENT OF CIVIL CASES

Rule 3.200 Single Assignment of Civil Cases ............................................................................... 303

Rule 3.300 Complex Case Designations ....................................................................................... 304

CIVIL LAW & MOTION CALENDAR

Rule 3.400 Law and Motion in Single Assigned Civil Cases......................................................... 305 Rule 3.401 Matters Not Heard in Civil Law and Motion Calendar ................................................ 305 Rule 3.402 Scheduling Civil Law and Motion Hearings ............................................................... 306

Rule 3.403 Tentative Rulings in Civil Law and Motion ................................................................ 306 Rule 3.404 Off Calendar or Continuance of Civil Law & Motion Matters ..................................... 307 Rule 3.500 Ex Parte Applications in General Civil Actions and Unlawful Detainer Actions ...................................................................................................................... 308

Rule 3.600 Correspondence with Civil Departments ..................................................................... 309 Rule 3.700 Informal Discovery Conferences in General Civil Actions .......................................... 309

CASE MANAGEMENT

Rule 3.800 Scope ......................................................................................................................... 311 Div III – Table of Contents - i- Revised 7/1/2023

Superior Court of California, County of San Mateo

Rule 3.801 Setting of the Initial Case Management Conference .................................................... 311

Rule 3.802 Petitions for Writ and CEQA Actions ......................................................................... 312

Rule 3.803 Complex Civil Cases .................................................................................................. 312

Rule 3.804 Service of Process Requirements ................................................................................ 312 Rule 3.805 Initial Case Management Conference Requirements ................................................... 313 Rule 3.900 Appropriate Dispute Resolution and ADR Division .................................................... 314 Rule 3.901 ADR Policy................................................................................................................ 314 Rule 3.902 Uninsured Motorist Cases .......................................................................................... 314 Rule 3.903 Stipulation to Judicial Arbitration ............................................................................... 314

Rule 3.904 Stipulations to Private Appropriate Dispute Resolution ............................................... 315

Rule 3.905 Completion of ADR Process ...................................................................................... 316 Rule 3.1000 Post-ADR Case Management and Trial Setting Conference ........................................ 317

Rule 3.1100 Mandatory Settlement Conferences ............................................................................ 317

UNLAWFUL DETAINER ACTIONS

Rule 3.1200 Law & Motion Matters in Unlawful Detainer Actions................................................. 318 Rule 3.1201 Special Deadlines for Unlawful Detainer Law & Motion Matters ............................... 319

Rule 3.1202 Ex Parte Application to Advance Hearing....................................................................319 Rule 3.1203 Summary Dismissal for Failure to Prosecute............................................................... 320 Rule 3.1204 Unlawful Detainer Pretrial Conference ........................................................................320 Rule 3.1205 Unlawful Detainer Trial Assignment .......................................................................... 321

COLLECTIONS CASES

Rule 3.1300 Collections Cases ....................................................................................................... 321 Rule 3.1301 Proper Designation on Civil Case Cover Sheet ........................................................... 321 Rule 3.1302 Case Management of Collections Cases ...................................................................... 321 Rule 3.1303 Collections Cases Law & Motion ............................................................................... 322

JUDGMENT CREDITOR ORDERS OF EXAMINATION

Rule 3.1400 Orders of Examination ............................................................................................... 322

COURTCALL TELEPHONIC APPEARANCES

Rule 3.1500 CourtCall Telephonic Appearances ............................................................................ 323

Div III – Table of Contents - ii- Revised 7/1/2023

Superior Court of California, County of San Mateo Return to Table DIVISION III of Contents DIRECT CALENDAR CIVIL DEPARTMENTS ASSIGNMENT, CASE MANAGEMENT, AND LAW AND MOTION SUPERIOR COURT

Rule 3.1 Application

REPEALED

(Adopted, effective, January 1, 2000) (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021)

Rule 3.2.1 Law and Motion Calendar Matters

REPEALED

(Adopted, effective January 1, 2000)(Amended, effective July 1, 2015) (Amended, effective January 1, 2020) (Repealed,

effective January 1, 2021)

Rule 3.2.2 Law and Motion Hearings

REPEALED

(Adopted, effective January 1, 2020) (Repealed, effective January 1, 2021)

Rule 3.3 Form of Papers

Reference CRC, rules 2.100-2.119, 3.1110. Pursuant to CRC Rule 2.256(b)(3), all electronically filed documents (other than exhibits) must be text searchable. Pursuant to CRC Rule 3.1110(f)(4), exhibits to any electronically filed briefs, declarations or other documents must be electronically “bookmarked”. Failure to bookmark exhibits to electronically filed documents may result in rejection of the party’s e-filing by the Clerk of the Court or in continuance of the hearing by the Court on the related motion.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Amended, effective January 1, 2020)

Rule 3.4 Points and Authorities

Reference CRC, rule 3.1113.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Rule 3.5 Declarations and Affidavits

Reference CRC, rule 3.1115(a) and CCP '2015.5.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Rule 3.6 Judicial Notice

Reference CRC, rule 3.1306

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

Div III 300 Revised 1/1/2026

Superior Court of California, County of San Mateo

HEARINGS

3.7 Notice of Hearing and Filing of Papers

Reference CRC, rules 3.1300, 3.1302, CCP §§ 1005, 1005.5, 1010, et seq., 1011 and 1014

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)(Amended, effective July 1, 2008)

3.8 List of Parties

Reference CRC, rule 3.254

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007)

3.9 Continuances and Taking Matters Off Calendar

REPEALED

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Amended, effective July 1,

2018. (Amended, effective January 1, 2020) (Repealed, effective January 1, 2021)

3.10 Tentative Rulings on Calendar of the Presiding Judge

(a) Reference California Rules of Court, rule 3.1308

(b) Availability. A tentative ruling on any law and motion matter on the Calendar of the Presiding Judge may be obtained by telephoning (650) 261-5019, after 3:00 p.m. on the first court day immediately preceding the hearing on the motion or by accessing the Court’s website at www.sanmateo.courts.ca.gov

(c) Notice of Intent to Appear. Reference California Rules of Court, rule 3.1308(a)(1).

(i) Parties intending to appear on any law and motion matter on the Calendar of the

Presiding Judge shall notify the Department of the Presiding Judge and state their intent to appear. Parties shall follow the instructions as directed on the telephone Tentative Ruling notification message or on the Court’s website.

(ii) A party intending to appear in order to contest the tentative ruling on a matter

calendared for hearing in the Department of the Presiding Judge must notify that department by 4:00 p.m. on the court day before the hearing either by (i) telephoning (650) 261-5019, or (ii) emailing PJLawAndMotion@sanmateocourt.org with the email contemporaneously copied to all parties or their counsel of record. If by email, it must include the name of the case, the case number, and the name of the party contesting the tentative ruling.

(Adopted, effective July 1, 2000) (Amended, effective January 1, 2007) (Amended, effective July 1, 2007)(Amended, effective January 1, 2014) (Amended, effective January 1, 2020) (Amended effective January 1, 2021) (Amended, effective July 1, 2021).

3.11 Opposition on Ground of Unavailability of Evidence

REPEALED (Adopted, effective July 1, 1996) (Repealed, effective January 1, 2021)

Div III 301 Revised 1/1/2026

Superior Court of California, County of San Mateo

3.12 Evidence at Hearing

Reference CRC, rule 3.1306.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007).

3.13 CourtCall Telephonic Appearances

REPEALED

(Adopted, effective January 1, 2000) (Amended, July 1, 2005) (Amended, effective January 1, 2007)

(Amended, effective January 1, 2008) (Repealed, effective January 1, 2021)

PARTICULAR PROCEEDINGS

3.14 Motions for Summary Judgment and Summary Adjudication

REPEALED

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Repealed, effective January

1, 2021)

3.15 Unlawful detainers

REPEALED

(Adopted, effective January 1, 2000). (Amended, effective January 1, 2013) (Amended, effective January 1, 2015) (Repealed, effective January 1, 2021)

3.16 Motions to Continue Arbitration

REPEALED

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007) (Repealed, effective January

1, 2021)

Rule 3.17 Motions After Trial

All motions after trial until judgment is final shall be heard in the department where the case was

tried, at a date and time designated by the judge of that department. The judge who presided at the trial shall hear all post-trial motions, including but not limited to motion for new trial, motion to vacate the judgment, motion for judgment notwithstanding the verdict, motion for award of attorneys’ fees, or motion to tax costs, but not writs or motions regarding enforcement of judgment pursuant to CCP Sections 680.010 – 724.260. Counsel should contact the trial judge’s department directly to schedule a hearing on any post- trial motions.

(Adopted, effective July 1, 1996) (Amended, effective January 1, 2020)

Rule 3.18 Motions to Reconsider Reference CCP 1008. (Adopted, effective July 1, 1996) (Amended, effective January 1, 2000)

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Superior Court of California, County of San Mateo

3.19 Ex Parte Applications and Orders

(A.) Reference CRC Rules 3.1200-3.1207 and 2.306.

(B.) Time and Place.

Ex parte applications for all matters to be heard by the Presiding Judge, as set forth in

Local Rule 3.401(b), and any petitions for Civil Harassment or Workplace Violence Temporary Restraining Orders pursuant to CCP Sections 527.6 or 527.8, shall be submitted and heard at 2:00 p.m. Monday through Friday in the Department of the Presiding Judge. Except for ex parte applications seeking Civil Harassment or Workplace Violence Temporary Restraining Orders, or where the ex parte applicant has previously been granted a fee waiver, the applicant shall pay the ex parte application filing fee to the Clerk of the Court, located in Room A on the first floor of the Hall of Justice in Redwood City, prior to presenting the ex parte application to the Presiding Judge. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department of the Presiding Judge no later than 2:15 p.m. on the date of the ex parte hearing.

C.) Notice. Reference CRC Rule 2.306.

D.) Filing. Ex parte applications, ex parte oppositions, and all other ex parte filings must be submitted and filed in paper form, and cannot be electronically filed.

E. Personal Appearance. Ex parte applicants must appear in person, subject to the exceptions set forth in CRC Rule 3.1207, as ex parte telephone appearances cannot be accommodated at the present time.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2007). (Amended, effective January 1, 2019) (Amended, effective January 1, 2020) (Amended effective January 1, 2021) (Amended, effective July 1, 2021).

DIRECT CALENDAR CIVIL DEPARTMENTS

Rule 3.100 Application

Unless otherwise stated, these Direct Calendar Civil Departments Local Rules apply to all

general civil cases and all unlawful detainer actions.

(Adopted, effective January 1, 2021).

ASSIGNMENT OF CIVIL CASES

Rule 3.200 Single Assignment of Civil Cases

(a) All Purposes Civil Judges. All general civil cases as defined by Rule 1.6(4) of the

California Rules of Court (including complex cases), and all unlawful detainer actions pursuant to Code of Civil Procedure Section 1159 et seq., will be randomly assigned to a single Civil Judge for all purposes at the time of filing of the action. At least five (5) active judges will be assigned

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by the Presiding Judge to serve as all-purposes single-assigned Civil Judges; and one (1) commissioner will be assigned by the Presiding Judge to serve as a Civil Commissioner.

(b) Single Assignment of CEQA Actions. If a petition for writ of mandate or complaint

includes claims under CEQA (Public Resources Code section 21000 et seq.), the case will be assigned to a civil Judge designated to hear CEQA actions pursuant to Public Resources Code Section 21167.1. Plaintiff/Petitioner shall identify the petition or complaint as being filed pursuant to “CEQA” on the face of the petition or complaint. (Existing Local Rule 2.1.3.)

(Adopted, effective January 1, 2021).

Rule 3.300 Complex Case Designations

(a) Civil Cases Automatically Deemed Complex. Recognizing that certain civil cases

are defined as provisionally complex pursuant to California Rules of Court, Rule 3.400(c), considering the factors which make a case complex enumerated in CRC Rule 3.400(b), and consistent with the policy to determine as soon as reasonably practicable whether a case is complex under CRC Rule 3.403, the following case types are presumed to be complex and shall be automatically deemed a “complex case”:

(1) All general civil cases designated as a “class action” on the Civil Case Cover

Sheet (form CM-010) per CRC Rule 3.401, or on the caption of the complaint as required by CRC Rule 3.761(a);

(2) All general civil cases alleging a claim under the Private Attorneys General

Act (PAGA), Labor Code Section 2698 et seq., as a representative of aggrieved employees;

(3) All general civil cases identified as “provisionally complex civil litigation”

on the Civil Case Cover Sheet (form CM-010);

(4) All Construction Defect cases, including all general civil cases seeking

recovery of damages arising out of or related to deficiencies in the construction, design, specifications, surveying, planning, supervision, testing or observation of construction of a private or public residence or commercial building; and including all general civil cases seeking payment under contract for services of a general contractor, subcontractor, architect or designing, where a cross-complaint is filed alleging claims for deficiencies in the construction, design, specifications, surveying, planning, supervision, testing or observation of construction of a private or public residence or commercial building.

(5) All Judicial Council Coordination Proceedings. (See CRC Rules 3.501 et

seq. and 3.712(c),)

(6) Shareholder derivative actions, and LLC member derivative actions. (See

CRC Rule 3.400(c)(3).)

Accordingly, no hearing or further order is required under CRC Rule 3.403 for determination of that case as complex, except as provided in subsection (c) herein.

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(b) Complex Fees Due Upon Initial Filing. Pursuant to Government Code Section

70616(a) and (b), the complex case fee and the first appearance fee must be paid at the time of the filing of the first paper by plaintiff and by defendant in a provisionally complex civil case.

(c) Determination of Contested Complex Designation. If the plaintiff has not

designated the civil case as provisionally complex or as a class action on the Civil Case Cover Sheet, and a defendant files a Civil Case Cover Sheet counter-designating the action as complex (under CRC Rule 3.402(b)), or if the plaintiff has designated the case as provisionally complex or as a class action on the Civil Case Cover Sheet and a defendant files a Civil Case Cover Sheet counter-designating the action as not a complex case (under CRC Rule. 3.402(a)), the case will be set for complex determination within 30 days on the calendar of the Civil Supervising Judge.

(d) Mandatory E-Service. Pursuant to Code of Civil Procedure Section 1010.6(c), and

California Rules of Court, Rule 2.253(c) and Rule 2.251(c), all parties and their counsel in complex civil cases shall serve all documents electronically, and accept service of documents electronically from all other parties, in conformity with Code of Civil Procedure Section 1010.6 and the California Rules of Court, except when personal service is required by statute. Counsel for the parties shall meet and confer, agree upon, and keep updated, an e-service list for that complex civil action. The parties are reminded that electronic service of documents may extend time periods for response by two (2) court days, pursuant to Code of Civil Procedure Section 1010.6(a)(4)(B).

(e) Mandatory E-Service of Discovery. All discovery methods (C.C.P. § 2019.010),

including but not limited to notice of deposition, special interrogatories, form interrogatories, requests for production of documents, and requests for admissions, shall be served electronically upon counsel for the parties. All discovery responses by a party in response to a discovery method by another party shall be served electronically upon counsel for the parties. Production of documents shall be provided in electronic form, unless the parties agree otherwise in writing. If not previously established, counsel for the parties shall meet and confer regarding possible establishment of a joint electronic document depository for the uploading and downloading of electronic document productions.

(Adopted, effective January 1, 2021) (Amended effective January 1, 2022).

CIVIL LAW & MOTION CALENDAR

Rule 3.400 Law and Motion in Single Assigned Civil Cases.

All Law and Motion matters in all general civil cases as defined by Rule 1.6(4) of the

California Rules of Court are heard by the Civil Judge assigned to that civil case.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2023).

Rule 3.401 Matters Not Heard in Civil Law and Motion Calendar.

To be clear, the following matters are not single assigned to any Civil Judge for

determination:

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(a) Post-Trial Motions. All post-trial motions shall be heard by the judge or

commissioner who presided over the trial in that civil action.

(b) Matters on Presiding Judge’s Calendar. The following Law & Motion

matters and ex parte applications should be scheduled on the Presiding Judge’s Calendar, to be determined by the Presiding Judge or other designated judicial officer:

(i) Petitions for name change;
(ii) Petitions for gender change:
(iii) Vexatious litigant motions pursuant to C.C.P. Sections 391-391.8;
(iv) Petitions for Civil Harassment or Workplace Violence Temporary
Restraining Orders pursuant to C.C.P. Section 527.6 or 527.8, and
CRC Rules 3.1160-3.1161;
(v) Gun violence restraining orders and emergency protective orders;
(vi) Petitions for prohibition of firearms; and
(vii) Original petitions for minor’s compromise (not part of an
existing civil case).

(c) Matters on Probate Calendar. The following Law & Motion matters and ex

parte applications should be scheduled on the calendar of the Probate Department, to be determined by the Probate Judge or other designated judicial officer:

(i) All matters identified in Local Rule 4.1; and
(ii) All Lanterman-Petris-Short Act conservatorship proceedings.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.402 Scheduling Civil Law and Motion Hearings

To calendar a date and time for the hearing of any motion in a general civil action or

unlawful detainer action assigned to a Civil Judge, the requesting party shall consult the assigned Civil Department’s Law & Motion Calendar Availability section of the Court’s website at www.sanmateo.courts.ca.gov, and select an available date for hearing. To calendar a date and time for hearing of any motion in a civil action designated a complex case under Local Rule 3.300, the requesting party shall contact the department of the assigned Civil Judge to obtain and serve a date for hearing on a separate Complex Civil Law & Motion Calendar for that Civil Department.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.403 Tentative Rulings in Civil Law and Motion

(a) Posting of Tentative Rulings. Reference CRC Rule 3.1308(a)(1). Each Civil Judge

will post tentative rulings for their Law & Motion Calendars on the civil cases assigned to that Civil Judge. The tentative ruling on any law and motion matter assigned to a Civil Judge may be obtained after 3:00 p.m. on the first court day immediately preceding the hearing on the motion (i) by accessing the court’s website at www.sanmateo.courts.ca.gov or (ii) by telephoning that Civil Department at the telephone number listed on the Court’s website.

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(b) Notice of Intent to Appear Required. Reference California Rules of Court, Rule

3.1308(a)(1). (i) A party intending to appear in order to contest the tentative ruling on a law and motion matter calendared for hearing must notify all counsel of record, self-represented parties, and the Civil Department of the Civil Judge assigned to that civil case by 4:00 p.m. on the court day before the hearing either by (A) emailing that Civil Department with that email contemporaneously copied to all parties or their counsel of record, or (B) by telephoning that Civil Department at the telephone number listed on the Court’s website.

(ii) If notice is given by email, the contesting party must state in the subject line

of the email the case name and case number. In the text of the email, the contesting party must state the specific motion, the party contesting, and the time estimate of counsel for oral argument by all parties. All emails must be sent in at least 12 point type. The Civil Department’s email address is for the sending and receiving of notices to contest tentative ruling, and is not a venue for back-and-forth communications with the Court. Communications to the Civil Department email address is not part of the official court files – just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter.

(iii) If there is no contest to the tentative ruling, the Court will adopt the tentative

as its order. (iv) The prevailing party on a tentative ruling is required to prepare a proposed order repeating verbatim the tentative ruling. If the prevailing party submits the proposed coversheet attached to the proposed order, then the party must also submit the proposed order separately in the same envelope. If the proposed order is for a motion that the Court granted and there is a mandatory Judicial Council form order (such as a motion to withdraw as counsel), the prevailing party should complete the Judicial Council form and submit it along with a copy of the tentative ruling.

(Adopted, effective January 1, 2021) (Amended, effective January 1, 2024) (Amended, effective January 1, 2025).

Rule 3.404 Off Calendar or Continuance of Civil Law & Motion Matters

Reference CRC Rule 3.1304

(a) Off Calendar. Any request to withdraw a motion or other matter already set for hearing on the Civil Law & Motion Calendar of a Civil Department, or to otherwise vacate a hearing, must be in writing, and can only be requested by the moving party. Any such written request to take a law and motion matter off calendar must be either by (i) filing and service of a Notice of Withdrawal of Motion, or (ii) email correspondence to the Department of the Civil Judge assigned to the civil case, with the email contemporaneously copied to all counsel of record and any self-represented parties. If by email, the moving party must include the name of the case, the case number, the particular motion and the date of the hearing, and the name of the party requesting the matter be taken off calendar. The filing and service of a Notice of Settlement or of a Dismissal as to the moving party will automatically vacate the Law & Motion hearing.

(b) Continuances or Advances. Any request to change the hearing date of a law and

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motion matter already set for hearing on the Civil Law & Motion Calendar of a Civil Department must be in writing. Any such written request must be either by (i) stipulation and order, (ii) ex parte application and order, or (iii) joint email correspondence by all parties or their counsel of record to the email address of the Department of the Civil Judge assigned to the civil case, with email contemporaneously copied to all counsel and self-represented parties. If by email, it must include the name of the case, the case number, the particular motion and the date of the hearing, and the names of the parties requesting continuance or advance of the hearing. If a request to change a hearing date is granted, the original moving party shall immediately file and serve an Amended Notice of the motion or other matter reflecting the new hearing date.

(c) Monetary Sanctions. Failure to advise the Court at least three court days before

the hearing of the fact that the hearing will not proceed as scheduled, for any reason other than settlement of the case or resolution of the issue within the three-day period, may be deemed by the Court to be a violation of an order of the Court, punishable by money sanctions payable to the County Clerk of the Court pursuant to Code of Civil Procedure Section 177.5.

(Adopted, effective January 1, 2021).

Rule 3.500 Ex Parte Applications in General Civil

(a) Ex parte applications in general civil actions are heard by the Civil Judge assigned

to that civil case. The Department of each Civil Judge is available for ex parte applications two days per week at 1:30 p.m. Parties and their counsel must check the Court’s website at www.sanmateo.courts.ca.govunder the Civil Departments section for the specific days of the week when ex partes are heard by the assigned Civil Judge. The parties must meet all requirements of CRC Rule 3.1200 et seq.

(b) The applicant shall pay any ex parte application filing fee due to the Clerk of the

Court prior to presenting the ex parte application to the Civil Judge. See the court’s website for further information regarding payment of fees. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearings.

(c) Ex parte applications, ex parte oppositions, and all other ex parte filings must be

electronically filed, except that unrepresented individuals may submit and file such documents in paper form or electronically. A courtesy copy of all ex parte applications, ex parte oppositions, and all other ex parte filings must either be emailed to the department of the single assigned judge or provided in hard copy at the time of the hearing. The subject line must include the case caption and state “Ex Parte Application” or “Opposition to Ex Parte Application” along with the date and time of the hearing. Failure to present a proposed order at the time of presentation of the ex parte application will result in denial of the ex parte application.

(d) Personal Appearance. Pursuant to CRC Rule 3.670(f)(2), the court may require a

party to appear in person if the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.

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(e) Remote Appearance. Except as ordered by the court under subdivision (d),

applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance. Parties opposing an ex parte order may appear remotely except as ordered by the court under subdivision (d). Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings. (See CRC Rule 3.672.)

(f) In the event that an ex parte hearing is sought on an emergency basis, in their discretion,

the assigned civil judge may permit remote appearances if the ex parte papers cannot be submitted two days in advance of the hearing.

(Adopted, effective January 1, 2021) (Amended effective January 1, 2022) (Amended, effective July 1, 2023) (Amended, effective July 1, 2025) (Amended effective January 1, 2026).

Rule 3.600 Correspondence with Civil Departments

(a) Mandatory Electronic Correspondence to Civil Departments. Correspondence to

the Department of any Civil Judge, such as requested letter briefs, requests to take matters off calendar, and requests for rescheduling, regarding civil actions assigned to a Civil Judge shall be submitted electronically, rather than paper, by e-mail addressed to that Civil Department. For example, emails to Department 2 shall be addressed to: Dept2@sanmateocourt.org. All electronic correspondence must be sent in at least 12 point type. All electronic correspondence with the Department of any Civil Judge must also be contemporaneously sent to opposing counsel or opposing self-represented parties. The Department’s email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Civil Judge. Communications to the Civil Department email address is not part of the official court files – just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter.

(b) Mandatory Email Header. All communications to any Civil Department email

address must include in the header “subject line” the Case Number and Name of Case (e.g., 20CIV04321 Smith v. Jones).

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2023).

Rule 3.700 Informal Discovery Conferences in General Civil Actions.

(a) Informal Discovery Conference. In all general civil cases as defined by CRC Rule

1.6(4), parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion.

(b) Conducted by Case Management Judicial Officer. Informal Discovery Conferences will be scheduled with and conducted by the Civil Commissioner. As an Informal Discovery Conference does not involve the adjudication of any issue of disputed law or fact by the Civil Commissioner, Code of Civil Procedure Section 170.6 does not apply. The outcome of an Informal

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Discovery Conference does not bar a party from subsequently filing a discovery motion or prejudice the disposition of a discovery motion.

(c) Remote Only. Informal Discovery Conferences in general civil cases are conducted

remote only by Zoom, and are not recorded by any party and are not reported by any court reporter.

(d) Request for Informal Discovery Conference.
(i) To request an Informal Discovery Conference, counsel must contact the

Court by email at IDC@sanmateocourt.org, which email must be contemporaneously copied to counsel for all parties to the action and any self-represented parties. Any party requesting an Informal Discovery Conference shall identify the case name and number, the name of the party requesting the Informal Discovery Conference, the date and time reserved by that party for the Informal Discovery Conference, and the estimated length of the IDC session. (ii) To reserve a date and time for the Informal Discovery Conference, the requesting party shall consult the Informal Discovery Conference Calendar Availability section of the Court’s website at www.sanmateo.courts.ca.gov, and request in the email (under subsection (e)(i) above) an available IDC session for a date that is, at least, ten calendar days, but no later than 29 calendar days, from the date of the request for Informal Discovery Conference.

(e) Tolling of Deadline to File Motion. By agreeing to engage in an Informal

Discovery Conference, parties agree that the time for bringing any motion to compel or other discovery motion is tolled, starting on the date a party makes the email request for an Informal Discovery Conference to the Court. All requests for Informal Discovery Conference must be made prior to the expiration of the statutory time to bring a motion to compel or other discovery motions. Tolling shall be automatically lifted upon completion of the Informal Discovery Conference; and the time in which to bring a discovery motion shall resume running thereafter, unless otherwise agreed by the parties in writing, or unless otherwise agreed by the parties at the Informal Discovery Conference and placed in the Court’s Minutes including an affirmative waiver of the statutory requirement that it be in writing. Prior to making a request with the Court, counsel shall obtain the consent of the opposing counsel(s) in writing to engage in an informal discovery conference.

(f) Email Correspondence Detailing Discovery Dispute.
(i) Within five (5) calendar days of the initial email request to the Court for an

Informal Discovery Request, the disputing parties shall, jointly or separately, email correspondence to the Court at IDC@sanmateocourt.org, and contemporaneously to all parties, an electronic letter of no more than five (5) pages, without attachments, summarizing the discovery dispute(s). It shall include on the first line (i) the case name and number, (ii) the date and time reserved by the parties for the Informal Discovery Conference, and (iii) the estimated length of the IDC session. (ii) Failure to timely provide the Court with email correspondence summarizing the discovery dispute(s) may, and likely will, result in the Informal Discovery Conference being vacated/cancelled, or advanced and concluded, and tolling of the time to file and serve any discovery motion will cease.

(g) Statutory Declaration Waived. The Court waives any requirement for the parties

involved in the discovery dispute to file “meet and confer” declarations pursuant to Code of Civil Procedure Sections 2016.040 prior to the Informal Discovery Conference. The dispute will be

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addressed by the e-correspondence method/procedure set forth above; and the parties are requested not to file any such declarations unless and until the Informal Discovery Conference is unsuccessful and a formal discovery motion is subsequently filed.

(h) Email Requirements.
(i) All communications to the IDC@sanmateocourt.org email address must

include in the header “subject line” the Case Number and Name of Case (e.g., 19CIV06543 Smith v. Jones). (ii) All correspondence regarding any Informal Discovery Conference, such as IDC letter briefs, requests to take matters off calendar, and requests for rescheduling, shall be submitted electronically, rather than paper, by e-mail addressed to IDC@sanmateocourt.org. All electronic correspondence must be sent in at least 12 point type. All electronic correspondence with the IDC Department must also be contemporaneously sent to opposing counsel or opposing self-represented parties. The IDC Department’s email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Civil Commissioner. (iii) Communications to the IDC email address are not part of the official court files; and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter.

(i) Authorization of Case Management Judicial Officer.
(i) Good cause appearing, the Case Management Judicial Officer may, and is

authorized to, continue the Informal Discovery Conference, or schedule further proceedings on the same discovery disputes via Informal Discovery Conference. The Civil Commissioner shall enter minutes in the civil case docket indicating that an Informal Discovery Conference was held, the date held, the counsel and parties attending, and whether or not all discovery disputes were resolved. (ii) If a party to a discovery dispute is notified of the Informal Discovery Conference and fails to appear, the Case Management Judicial Officer may, and is authorized to, reschedule or cancel or conclude the Informal Discovery Conference, or issue an Order to Show Cause Re: Sanctions for failure to appear.

(j) Motion if Unresolved Discovery Disputes. If any discovery dispute is not resolved

following the Informal Discovery Conference, and a motion to compel or other discovery motion has not already been filed, any party may proceed to file and calendar hearing on a motion to compel or other discovery motion in the department of the Civil Judge assigned to that civil case.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021) (Amended effective July 1, 2022) (Amended, effective July 1, 2023) (Amended, effective July 1, 2025).

CASE MANAGEMENT

Rule 3.800 Scope

These Rules 3.800 et seq. apply to Case Management of all general civil cases as defined by Rule 1.6(4) of the California Rules of Court, which are not complex cases. These Rules are adopted to meet and advance the goals of Government Code Sections 68603 and 68602, Section

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2.2 of the Standards of Judicial Administration, and Rules 3.710-3.735, 10.900, and 10.901 of the California Rules of Court. (Adopted, effective January 1, 2021)

Rule 3.801 Setting of the Initial Case Management Conference

Upon the filing of an initial complaint in all general civil cases, as defined by CRC Rule

1.6(4), the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes and Setting of Case Management Conference. The initial Case Management Conference shall be set for a date within 120 days of filing the complaint, and scheduled before the Civil Commissioner.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.802 Petitions for Writ and CEQA Actions

Upon the filing of any petition for writ (or other petition not identified in Local Rule 3.401),

or of any action under CEQA (whether by complaint or by petition for writ), the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes and Notice of Case Management and Trial Setting Conference. The initial Case Management and Trial Setting Conference shall be set for a date within sixty (60) days, and scheduled before the assigned Civil Judge. Petitions for Writ and CEQA cases are exempt and not otherwise subject to these Case Management Rules or ADR process, unless otherwise ordered by the assigned Civil Judge; except that at the same time as service of the petition for writ or CEQA complaint/petition, plaintiff/petitioner must also serve all defendants, respondents and real parties in interest with the Notice of Assignment for All Purposes and Setting of Case Management and Trial Setting Conference.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.803 Complex Civil Cases

Upon the filing of any complaint in a provisionally complex cases or a civil case deemed

complex, the Clerk of the Court will issue and provide a Notice of Assignment for All Purposes, as Complex Case, Setting of Case Management and Trial Setting Conference, and Complex Fees Due. The initial Case Management and Trial Setting Conference shall be set for a date within ninety (90) days, and scheduled before the assigned Civil Judge. Complex civil cases are exempt and not otherwise subject to these Case Management Rules or ADR process, unless otherwise ordered by the assigned Civil Judge; except that at the same time as service of the complaint and summons, plaintiff must also serve all defendants with Plaintiff’s Civil Case Cover Sheet (per CRC Rule 3.220) and Notice of Assignment for All Purposes, Designation as Complex Case, Setting of Case Management and Trial Setting Conference, and Complex Fees Due. Pursuant to CRC Rule 3.110(b), the complaint must be served upon all named defendants within sixty (60) days after filing of the complaint; and proofs of service of process upon all named defendants, must be filed with the Court within sixty (60) days after filing of the complaint.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.804 Service of Process Requirements (a) At the same time as service of the complaint and summons, plaintiff must also serve

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all defendants with the following documents: (i) Plaintiff’s Civil Case Cover Sheet, if required by CRC Rule 3.220; (ii) Notice of Assignment for All Purposes and Notice of Case Management Conference; (iii) Court’s ADR information package, per CRC Rule 3.221; and (iv) A blank form of the Case Management Statement (CM-110).

(b) Pursuant to CRC Rule 3.110(b), the complaint must be served upon all named

defendants within sixty (60) days after filing of the complaint; and proofs of service of process upon all named defendants, must be filed with the Court within sixty (60) days after filing of the complaint.

(c) Pursuant to CRC Rule 3.110(c), any cross-complaint adding a new party must be

served upon all named cross-defendants (and contemporaneously served upon all parties who previously appeared in that civil case), and proofs of service of process upon the new parties must be filed within thirty (30) days of the filing of the cross-complaint.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.805 Initial Case Management Conference Requirements
(a) The goal is that all parties be served and appear in the civil case prior to the initial

Case Management Conference. All proofs of service of process must be filed no later than ten (10) days prior to the initial Case Management Conference. Failure of plaintiff to timely serve the complaint and timely file proofs of service of process upon all named defendants may result in the Court continuing the initial Case Management Conference and/or issuance of any Order to Show Cause re: Sanctions.

(b) No later than thirty (30) calendar days prior to the date of the initial Case Management

Conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in CRC Rule 3.724.

(c) Pursuant to CRC Rule 3.725, all parties must file and serve a Case Management

Statement (form CM-110) at least fifteen (15) calendar days prior to the date set for the initial Case Management Conference. Failure of any party to timely file and serve a Case Management Statement may result in the Court continuing the initial Case Management Conference and/or issuance of an Order to Show Cause re: Sanctions.

(d) Pursuant to CRC Rule 3.722(d), based upon the Court’s review of the filed documents

and the docket of that general civil action, the Court may determine that appearances at the initial Case Management Conference are not necessary at that time, and determine that the Case Management Conference should be continued due to the fact that the case is not yet at-issue, or due to failure of the parties to comply with the Code of Civil Procedure, the California Rules of Court, and/or these Local Rules. This is likely to occur when (i) plaintiff has failed to timely file proofs of service of the summons and complaint upon all defendants, (ii) not all Defendants have filed an appearance in the action and/or had a default entered against them, or (iii) not all Defendants have filed an answer and/or had a default entered against them.

(e) If the Case Management Conference is continued, all parties must file and serve a

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new Case Management Statement (form CM-110), individually or jointly, at least fifteen (15) calendar days prior to the date of the latest Case Management Conference.

(f) After all parties have made a formal appearance in a general civil action, the parties

may directly proceed to an Appropriate Dispute Resolution (“ADR”) process by filing a Stipulation and Order to Appropriate Dispute Resolution (local form ADR-CV-1). If all parties file a completed Stipulation and Order to ADR at least twelve (12) calendar days prior to the date of the Case Management Conference, the Case Management Conference will be vacated (i.e., taken off the Court’s calendar), and the general civil action will be referred to the ADR Analyst.

(g) Pursuant to CRC Rule 3.722(d), based upon the Court’s review of the filed

documents and the docket of that general civil action, the Court may determine that appearances at the initial Case Management Conference are not necessary at that time, as the general civil case is at-issue and the parties have indicated in their Case Management Statements that they are willing to participate in ADR and are agreeable to the same ADR procedure. If so, the Court may order that general civil case referred to the Court’s ADR Analyst.

(h) Pursuant to CRC Rule 2.30, the Court is empowered to impose monetary sanctions

of a minimum of $150.00 upon any party or their counsel for failure to follow the requirements of these Case Management Local Rules, or of the California Rules of Court, or of the Code of Civil Procedure.

(Adopted, effective January 1, 2021).

Rule 3.900 Appropriate Dispute Resolution and ADR Division. Reference CRC Rules

3.800-3.860. (Adopted, effective January 1, 2021).

Rule 3.901 ADR Policy

The Court finds it is in the best interests of parties to litigation to participate in appropriate

dispute resolution procedures, including but not limited to mediation, neutral evaluation, private or judicial arbitration, voluntary settlement conferences, and the use of special masters and referees. Therefore, all parties are expected to stipulate to, or be referred to, an appropriate form of dispute resolution before the case is set for trial. Parties are encouraged to stipulate to judicial arbitration or an ADR process prior to the initial Case Management Conference.

(Adopted, effective January 1, 2021).

Rule 3.902 Uninsured Motorist Cases

If prior to the initial filing of the complaint a matter has been submitted to arbitration

pursuant to uninsured motorist insurance, the plaintiff shall identify the case as “Auto Tort Uninsured Motorist” on the Civil Case Cover Sheet and shall file a notice to that effect with the Court at the time of filing the complaint. The notice shall include the name, address and telephone number of the insurance company, along with the claim number or other designation under which the matter is being processed. (Adopted, effective January 1, 2021).

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Rule 3.903 Stipulation to Judicial Arbitration

(a) The Court may order general civil cases subject to Code of Civil Procedure Section

1141.10 et seq., to judicial arbitration. If the case is at issue, and all counsel and self-represented parties stipulate in writing to judicial arbitration prior to the Case Management Conference, discovery will remain open following judicial arbitration. In order to avoid any need to appear thereat, a written stipulation to judicial arbitration must be filed with the Court and a copy immediately emailed to the Case Management Coordinator at CMC@sanmateocourt.org at least the twelve (12) calendar days before the Case Management Conference. A written stipulation to judicial arbitration will be deemed to be without a limit as to the amount of the award unless it expressly states otherwise.

(b) If the general civil case is subject to judicial arbitration, by stipulation or by court

order, the matter will be referred to the ADR Analyst. The ADR staff will send a list to all counsel and self-represented parties of the panel of arbitrators within 15 days, pursuant to CRC Rule 3.815. Each side will have ten (10) calendar days to file any written rejection. Promptly upon the expiration of the 10-day period, the ADR staff will appoint the judicial arbitrator and send notice of that appointment to the arbitrator and to all parties. Notice shall include the expiration date of the arbitrator’s jurisdiction. The judicial arbitration shall complete the arbitration hearing within ninety (90) days from appointment, unless a continuance is granted pursuant to CRC Rule 3.817. Within ten (10) days after the conclusion of the arbitration hearing, the arbitrator must file the arbitration award with the Court, including proof of service on each party to the arbitration, pursuant to CRC Rule 3.825. The arbitration award will be entered as a judgment if no trial de novo is timely filed pursuant to CRC Rule 3.826. If a trial de novo is filed, the general civil case will be schedule for Trial Setting Conference with the assigned Civil Judge.

(c) It is the policy of this Court to make every effort to process cases in a timely

manner. Parties who elect or are ordered by the Court to judicial arbitration must complete the judicial arbitration hearing within the time frame specified by the Court.

(d) Parties who wish to continue the arbitration hearing after the jurisdictional time frame must filed local form Ex Parte Motion and Stipulation for Continuance of Judicial Arbitration Hearing with the Court, with a copy contemporaneously emailed to the ADR staff at CMC@sanmateocourt.org. Continuances without adequate grounds and good cause will not be considered. The Civil Commissioner or assigned Civil Judge will either grant or deny the request for continuance. If the request is denied, the case may be set for further Case Management Conference. If the request is granted, the Court will impose a new deadline by which the judicial arbitration must be completed. (e) Parties who wish to change their ADR process from judicial arbitration to another form of ADR must file a Stipulation and [Proposed] Order to Mediation in Lieu of Court-Ordered Judicial Arbitration (local form ADR-CSARB) with the Court, with a copy contemporaneously emailed to the ADR Director at ADR@sanmateocourt.org. The Stipulation must state that parties have: (i) notified both the judicial arbitration and ADR coordinators; (ii) cancelled the judicial arbitration hearing: (iii) scheduled the ADR session within five months of the previously scheduled judicial arbitration hearing; and (iv) stipulated to a date for Trial Setting Conference, which is not more than six (6) months from the previously scheduled judicial arbitration hearing.

(Adopted, effective January 1, 2021).

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Rule 3.904 Stipulations to Private Appropriate Dispute Resolution

(a) If a case is at-issue and all counsel and self-represented parties stipulate in writing

to an ADR process, and file a completed Stipulation and Order to ADR with the Court at least twelve (12) calendar days before the Case Management Conference, that conference shall be vacated.

(b) If a case is at-issue and all counsel and self-represented parties have indicated in

their Case Management Statements that they are willing to participate in ADR and all willing to proceed to the same ADR process, such as mediation, private arbitration, or neutral evaluation (other than judicial arbitration), the general civil case will be referred by the Court to the ADR Department for issuance of a formal ADR order. Counsel and self-represented parties shall sign and submit a formal Stipulation and Order to ADR within 21 days from the date of issuance of the ADR order.

(c) If a case is at-issue and the counsel and self-represented parties have yet to mutually

agree upon any appropriate ADR process, they shall appear at the initial Case Management Conference before the Civil Commissioner, unless the Court issues an Order requiring the parties to meet and confer to select an ADR process and continues the Case Management Conference in the interim. A blank Stipulation and Order to ADR will be included with such Order.

(d) The ADR process shall be completed within ninety (90) days, unless a request for

continuance is made by submitting an extension request online at www.sanmateo.courts.ca.gov/divisions/appropriate-dispute-resolution-programs/civil-adr- program/request-extension-time-adr.

(e) Failure of the parties to comply with these ADR Local Rules, and the deadlines set

forth herein, may result in the issuance of an Order to Show Cause re: Sanctions.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.905 Completion of ADR Process
(a) Upon the completion of the selected ADR process, other than judicial arbitration,

if a resolution of disputes is achieved, the parties shall file and serve either (i) a Notice of Settlement; (ii) a Request for Dismissal; (iii) a Stipulated Judgment; or (iv) a motion for approval of settlement, if a motion is required by law. An Order to Show Cause Re: Dismissal will be issued and hearing set before the Civil Commissioner for a date at least 45 days after the filing of any Notice of Settlement where the settlement unconditional, or a date after the completion date indicated in the Notice of Settlement where the settlement is conditional.

(b) Upon the completion of the selected ADR process, if not all disputes are resolved,

parties shall sign and file a Statement of Nonagreement (ADR-CV-11) to facilitate the setting of the post-ADR Case Management and Trial Setting Conference before the assigned Civil Judge.

(c) To maintain the quality of ADR services the court requires cooperation from all parties, counsel and ADR providers in completing ADR evaluation forms, and returning these

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forms to the ADR department within 10 calendar days of the completion of the ADR process.

(d) ADR Program Complaint Policy: If mediation session participants have a concern

about the mediation process or the conduct of a mediator affiliated with the court’s program, the court encourages them to speak directly with the mediator first. In accordance with California Rules of Court §3.865 et seq., parties may also address written complaints, referencing the specific Rule of Court allegedly violated, to the Court’s Civil ADR Program. (For complete complaint procedure guidelines, see court web site: www.sanmateo.courts.ca.gov/divisions/appropriate-dispute-resolution-programs/civil-adr- program)

(Adopted, effective January 1, 2021), (Amended, effective July 1, 2021).

Rule 3.1000 Post-ADR Case Management and Trial Setting Conference

(a) After the parties have participated in an ADR process in any general civil case, the

Court will issue notice setting a Case Management and Trial Setting Conference before the assigned Civil Judge. At the Case Management and Trial Setting Conference, the Civil Judge will consider the facts and circumstances identified in CRC Rules 3.728 and 3.729. Trial counsel for all parties shall attend the Case Management and Trial Setting Conference. Thereafter, the Court will issue notice(s) of the date set for Mandatory Settlement Conference, the date set for commencement of trial, whether the trial will be by court or jury, and the anticipated length of trial.

(b) At least fifteen (15) calendar days before the date of the Case Management and

Trial Setting Conference, counsel for the parties and any self-represented parties shall file and serve, jointly or individually, a written Case Management and Trial Setting Conference in prose and in detail, not using the standardized Judicial Council form CM-110. The Case Management and Trial Setting Conference Statement shall include all items set forth in CRC Rule 3.717 and any relevant facts or circumstances regarding the setting of the trial date as set forth in CRC Rule 3.729. The Case Management and Trial Setting Conference Statement shall also include information as to the status of completion of production of documents, the status of completion of party and witness depositions, and the status of expert witness discovery.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2021).

Rule 3.1100 Mandatory Settlement Conferences

(a) In all general civil cases as defined in CRC Rule 1.6(4), and in any complex cases

in the discretion of the assigned Civil Judge, and in any Probate matters subject to Local Rule 4.3(c), the civil case will be set for a Mandatory Settlement Conference prior to trial. The Mandatory Settlement Conference will be conducted by a Civil Judge or Probate Judge who is not assigned as the single-assigned judge for that case.

(b) The following persons must attend the Mandatory Settlement Conference:
(i) The attorney who will try the civil case or an informed attorney with full

authority to negotiate a settlement of the case shall personally attend.

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(ii) All named parties who have appeared in the civil case, and are not subject

to default, dismissal, or prior Notice of Settlement. (iii) Any persons whose consent is required to authorize settlement shall personally attend; those parties that are corporations or other legal entity shall have in attendance an officer or other employee with authority to bind the corporation or other legal entity. (iv) Powers of attorney, oral or written, granting counsel settlement authority are unacceptable as a substitute for personal attendance of parties and/or representatives of legal entities at the Mandatory Settlement Conference. (v) With respect to any insured party, a representative of the insurance carrier with authority to settle which is meaningful considering the exposure to loss presented shall personally attend. If the claims representative in personal attendance has any limitation on his or her settlement authority, a representative of the carrier who has no such limitations shall be available to the court by telephone and shall remain available until released by the Civil judge conducting the Mandatory Settlement Conference, regardless of the time of day at the location of that representative. (c) The personal attendance of any person who is required by this Rule or by CRC Rule 3.1380(b) to be present at the Mandatory Settlement Conference may be excused only by the Civil Judge assigned to that civil case upon application made prior to the day on which the Mandatory Settlement Conference is scheduled. Any such person whose attendance is excused must remain available by telephone until he or she has been excused by the Civil Judge conducting the Mandatory Settlement Conference regardless of the time of day at the location of that person. (d) No later than five (5) court days before the initial date set for the Mandatory Settlement Conference, each party shall lodge with the Court and serve on all other parties a Mandatory Settlement Conference Statement containing any and all information, facts, and details as required by CRC Rule 3.1380(c).

(e) Upon arrival at the Civil Department to which the Mandatory Settlement

Conference has been assigned, counsel shall check in with the courtroom clerk and shall verify the attendance of those persons whose presence is required.

(f) No Mandatory Settlement Conference may be continued without the consent of the

assigned Civil Judge. At the Mandatory Settlement Conference, if settlement discussions are inconclusive, the Civil Judge conducting the Mandatory Settlement Conference may continue it to a later date for further settlement discussions before that same Civil Judge.

(g) Sanctions pursuant to CRC Rule 2.30 shall be imposed for any violation of this Rule. The minimum sanction imposed shall be $250.00 payable to the court; sanctions payable to the Court may be larger where appropriate and will be in addition to appropriate attorney fees and calendar changes. Sanctions mandated hereby may be waived by the Civil Judge conducting the Mandatory Settlement Conference only upon an application showing good cause why sanctions should not be imposed.

(Adopted, effective January 1, 2021) (Amended, effective January 2023).

UNLAWFUL DETAINER ACTIONS

Rule 3.1200 Law & Motion Matters in Unlawful Detainer Actions. All Unlawful Detainer actions, pursuant to Code of Civil Procedure Section 1159 et seq.,

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will be randomly assigned to a single Civil Judge for all purposes at the time of filing of the action. All law and motion matters in Unlawful Detainer actions shall be calendared with and adjudicated by the Civil Judge assigned to that civil case, except that uncontested ex parte applications and uncontested motions that do not require a hearing may be determined by and order entered by Civil Commissioner as set forth in Local Rule 3.1202. All contested law and motion matters, including any and all motions requiring a hearing, shall be calendared with and adjudicated by the assigned Civil Judge, not the Civil Commissioner.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2023).

Rule 3.1201 Special Deadlines for Unlawful Detainer Law & Motion Matters.

The Civil Law & Motion Calendar Local Rules shall apply to all unlawful detainer actions,

except as otherwise provided below: (i) Any motion to quash service of summons or motion to stay or dismiss the action on the ground of inconvenient forum, under Code of Civil Procedure Section 418.10(a), must be filed within the five (5) court day period allotted for responding to the Unlawful Detainer complaint, as required by Code of Civil Procedure Section 1167(a). Hearing on such motion shall be set between three (3) and seven (7) calendar days thereafter, pursuant to C.C.P. Section 1167.4.

(ii) As to any demurrer or other motion regarding the pleadings, other than a

motion under C.C.P. Section 418.10(a), and as to any motion pursuant to C.C.P. section 1170.5(b) or (c), the hearing thereon shall be set on the Civil Law and Motion Calendar pursuant to C.C.P. Section 1005, which requires sixteen (16) court days’ notice. Any party seeking a hearing date on less than 16-court-days’ notice shall be required to obtain an ex parte order shortening time pursuant to CRC Rules 3.1200-3.1207.

(iii) As to any motion to compel or other discovery motion, pursuant to C.C.P.

Section 1170.8, five (5) days’ notice is required. Hearing on such discovery motion shall be set on or before the 15th day before the date initially set for the trial of the action.

(iv) As to any motion for summary judgment or motion for judgment on the

pleadings, the notice of motion must comply with CRC Rule 3.1351(a).

The parties are reminded that the time extensions triggered pursuant to Code of Civil Procedure Sections 1005(b), 1010.6, and 1013 apply to Unlawful Detainer actions. Counsel and parties are cautioned to consider the additional time for service when calendaring motions. [Example: Summary judgment motions are set on 5 days’ notice but if service is by mail, 5 additional days for service must be added.]

(Adopted, effective January 1, 2021) (Amended, effective January 1, 2025).

Rule 3.1202 Ex Parte Applications in Unlawful Detainer Actions.

(a) Ex parte applications in Unlawful Detainer actions are heard by the Civil Judge assigned to that Unlawful Detainer case. The Department of each Civil Judge is available for ex parte applications two days per week at 1:30 p.m. Parties and their counsel must check the

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Court’s website at www.sanmateo.courts.ca.gov under the Civil Departments section for the specific days of the week when ex partes are heard by the assigned Civil Judge.

(b) Uncontested ex parte applications in Unlawful Detainer actions, which do not

require a hearing, may be heard and determined by the Civil Commissioner. Good cause appearing, the Civil Commissioner may, and is authorized to, determine and enter orders on uncontested ex parte applications/motions/requests, which do not involve the adjudication of any issue of disputed law or fact by the Civil Commissioner.

(c) A request for entry of judgment pursuant to stipulation of settlement, on the basis

that the opposing party breached the stipulation of settlement, shall be filed as a noticed motion for entry of judgment pursuant to CCP Section 664.6, and set for hearing before the assigned Civil Judge; or may be presented as an ex parte application before the assigned Civil Judge if the requesting party is only seeking a judgment of possession (but no monetary award). If the parties so stipulate to the Civil Commissioner as a Temporary Judge, then such requests may be submitted to the Civil Commissioner for hearing.

(d) Except where the ex parte applicant has previously been granted a fee waiver, the

applicant shall pay the ex parte application filing fee to the Clerk of the Court prior to presenting the ex parte application to the Civil Judge. See the court’s website for further information regarding payment of fees. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department no later than 15 minutes from the time set for ex parte hearings.

(e) Ex parte applications, ex parte oppositions, and all other ex parte filings in

Unlawful Detainer actions on contested or potentially contested applications/requests/motions must be submitted and filed in paper form, and cannot be electronically filed. Failure to present a proposed order at the time of presentation of the ex parte application will result in denial of the ex parte application.

(f) Uncontested ex parte applications in Unlawful Detainer actions that do not

require notice or hearing may be electronically filed.

(g) Ex parte applicants and opponents must appear in person on contested or

potentially contested applications/requests/motions, subject to the exceptions set forth in CRC Rule 3.1207, as ex parte remote appearances cannot be accommodated at the present time.

(Adopted, effective January 1, 2021) (Amended, effective July 1, 2023) (Amended, effective July 1, 2024). Rule 3.1203 Summary Dismissal for Failure to Prosecute.

Pursuant to C.C.P. Section 1167.1, if proof of service of the summons and complaint is not

filed by plaintiff in an Unlawful Detainer action within 60 days of the initial filing of the complaint, the Court may issue summary dismissal without prejudice.

(Adopted, effective January 1, 2021). Rule 3.1204 Unlawful Detainer Pretrial Conference. (a) If all defendants appear and file an answer to the complaint and/or have a default

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judgment entered against them and/or have a dismissal entered in their favor, upon the filing of a Request to Set Case for Trial – Unlawful Detainer (JCC form UD-150), the Unlawful Detainer action will be set for a Pretrial Conference date and Trial date within 20 days of filing the Request.

(b) The Unlawful Detainer Pretrial Conference will be held approximately four (4)

days prior to the date set for trial, and conducted by the Civil Commissioner. All parties and their counsel of record must attend the Pretrial Conference in person, unless otherwise ordered by the Court. At the Pretrial Conference, the Civil Commissioner will work with the parties towards settlement of the Unlawful Detainer action. At the Pretrial Settlement Conference, the parties and the Civil Commissioner will also discuss (i) whether any party has timely demanded a jury and timely paid the jury fee deposit required by C.C.P. Section 631(c)(1), (ii) whether the trial will be by the Court rather than jury, (iii) whether the parties are willing to stipulate to trial before the Civil Commissioner, and (iv) estimated length of trial.

(Adopted, effective January 1, 2021).

Rule 3.1205 Unlawful Detainer Trial Assignment

. (a) On the date set for trial, the Civil Commissioner shall call the trial calendar for all Unlawful Detainer actions set for court trial. If the parties stipulate or have stipulated to court trial adjudication by the Civil Commissioner, the matter will proceed. If the parties do not stipulate to the Civil Commissioner, the court trial adjudication will proceed before the assigned Civil Judge after appearing before the Civil Commissioner for call of the trial calendar.

(b) If the Unlawful Detainer action is still scheduled for jury trial after the Pretrial

Conference, the matter will proceed before the assigned Civil Judge on the Trial Calendar scheduled for that Civil Department.

(Adopted, effective January 1, 2021).

COLLECTIONS CASES

Rule 3.1300 Collections Cases. Reference CRC Rules 3.740 et seq.

(Adopted, effective January 1, 2021).

Rule 3.1301. Proper Designation on Civil Case Cover Sheet.

For all Collections Cases, as defined by CRC Rule 3.740(a), the plaintiff must check the

case type box “Rule 3.740 collections” on the Civil Case Cover Sheet (form CM-010) as mandated by CRC Rule 3.740(b). Failure to properly designate a civil action as a Collections Case may result in the issuance of an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed for violation of the California Rules of Court and violation of these Local Rules.

(Adopted, effective January 1, 2021).

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Rule 3.1302 Case Management of Collections Cases.
(a) Upon filing the complaint, all Collections Cases shall be set for a Case Management

Conference with the Civil Commissioner at least 180 days therefrom. (b) Pursuant to CRC Rule 3.740(d), the complaint and summon in all Collections Cases must be served upon all defendants, and proofs of service of process upon all defendants filed with the Court, or the plaintiff must obtain an order for service by publication, within 180 days after filing of the initial complaint. (c) Pursuant to CRC Rule 3.740(f), plaintiff must obtain a default judgment within 360 days after filing of the initial complaint against any defendants who do not file a responsive pleading, (d) If all named defendants have filed an answer to the complaint prior to the Case Management Conference, the Collections Case will be referred to ADR, and proceed as a general civil case. (e) If all named defendants have filed an answer to the complaint or have had a default entered against them prior to the Case Management Conference, the Collections Case will be reset for a Case Management Conference with the Civil Commissioner, at least 360 days after the filing of the initial complaint. (f) If plaintiff fails to timely file proofs of service of process upon all defendants, the Court will issue an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed, and set the Collections Case for OSC hearing with the Civil Commissioner. (g) If plaintiff timely files proofs of service of process upon all defendants, but not all defendants have filed an answer to the complaint or had a default entered against them prior to the Case Management Conference, the Collections Case will be reset for a Case Management Conference with the Civil Commissioner, at least 360 days after the filing of the initial complaint. (h) If all named defendants have filed an answer to the complaint or have had a default judgment entered against them prior to the 360-day Case Management Conference, the Collections Case will be referred to ADR and proceed as a general civil case as to those defendants who have appeared. (i) If plaintiff fails to timely obtain a default judgment against all defendants who have not filed a responsive pleading, pursuant to CRC Rule 3.740(f), the Court will issue an Order to Show Cause why monetary sanctions of $250.00 or more should not be imposed, and set the Collections Case for OSC hearing with the Civil Commissioner.

(Adopted, effective January 1, 2021).

Rule 3.1303 Collections Cases Law & Motion. All Law & Motion matters in Collections

Cases shall be calendared with and adjudicated by the Civil Judge assigned to that civil case.

(Adopted, effective January 1, 2021).

JUDGMENT CREDITOR ORDERS OF EXAMINATION

Rule 3.1400 Orders of Examination.

In all general civil actions and unlawful detainer actions, examination proceedings upon application of a judgment creditor, pursuant to Code of Civil Procedure Sections 708.110 et seq., shall be set for appearance before the Civil Commissioner. The Civil Commissioner is authorized,

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pursuant to C.C.P. Section 708.110, and given all powers over orders of examination and over examination proceedings as provided under Section 708.140(a).

(Adopted, effective January 1, 2021).

COURTCALL TELEPHONIC APPEARANCES

Rule 3.1500 Remote Appearances

Unless otherwise ordered by the Court, parties may appear remotely in all general civil

cases, unlawful detainer actions, and complex cases. Parties must follow the remote appearance requirements of the department of the assigned Civil Judge, which are available on the Court’s website www.sanmateo.courts.ca.gov under the Civil Department section, and click on the assigned Civil Judge’s name to link to their remote appearance information and their department’s procedures.

(Adopted, effective January 1, 2020) (Amended, effective July 1, 2021).

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Return to Table of Contents

DIVISION IV

PROBATE DEPARTMENT

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

Rule 4.1 AMENDED General Provisions ............................................................................ 400 Rule 4.2 AMENDED Hearing ............................................................................................. 401 Rule 4.2.1 AMENDED Informal Discovery Conference in Probate Actions ............................ 402 Rule 4.3 AMENDED Probate Trials and Contested Matters ............................................... 404

Rule 4.4 Length of Hearing .................................................................................................. 404 Rule 4.5 AMENDED Non-Appearance ............................................................................... 405 Rule 4.6 Appearance ............................................................................................................ 405

Rule 4.7 Ex Parte Matters ..................................................................................................... 406

CHAPTER 2. PLEADINGS

Rule 4.8 AMENDED Caption .............................................................................................. 406

Rule 4.9 Petition for Instructions ........................................................................................... 407

Rule 4.10 Judicial Council Forms ........................................................................................... 407 Rule 4.11 REPEALED Accounts ........................................................................................... 407

Rule 4.12 Verification ............................................................................................................ 407

CHAPTER 3. SPOUSAL PROPERTY PETITION

Rule 4.13 REPEALED Statement of Title .............................................................................. 408 Rule 4.14 Allegations in Support of Showing of Community Property .................................... 408

Rule 4.14.1 Spousal Property Petition Filed with Petition for Probate ........................................ 409

Rule 4.15 Fees ............................................................................................................. 409

Rule 4.16 Election of Surviving Spouse to Administer Property ............................................. 409

CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS

Rule 4.17 Appointment of Special Administrator ................................................................... 409 Rule 4.18 Petition for Probate of Will and Letters of Administration ...................................... 410 Rule 4.18.1 Holographic Wills ................................................................................................... 410 Rule 4.18.2 Foreign Wills ......................................................................................................... 410

Rule 4.18.3 Attachment 9 to Petition for Probate ....................................................................... 410

Rule 4.18.4 Supplement to Petition for Probate .......................................................................... 411

Rule 4.19 Notice Requirements .............................................................................................. 411

Rule 4.19.1 Service of Notice ................................................................................................... 412

Rule 4.19.2 Publication ............................................................................................................ 412

Rule 4.20 Proof of Wills ........................................................................................................ 412

Rule 4.21 Lost or Destroyed Wills .......................................................................................... 413

Rule 4.22 Renunciations and Declinations to Act ................................................................... 413

CHAPTER 5. BOND

Rule 4.23 REPEALED Evidence as to Amount of Bond ......................................................... 413

Rule 4.24 When Bond Is Not Required ................................................................................... 413

Rule 4.24.1 Statement of Waiver in Petition .............................................................................. 414

Rule 4.24.2 Two or More Personal Representatives ................................................................... 414

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Rule 4.24.3 Separate Bonds for Individuals ............................................................................... 414

Rule 4.24.4 Independent Power to Sell Real Property ................................................................ 414

Rule 4.25 Nonresident Executors or Administrators ............................................................... 414

Rule 4.26 Reducing Bond ...................................................................................................... 414

Rule 4.26.1 Withdrawn Funds from Blocked Account ............................................................... 415

Rule 4.27 Bond Modification ................................................................................................. 415

Rule 4.27.1 Bond Upon Sale of Real Property ........................................................................... 415

CHAPTER 6. INVENTORY AND APPRAISEMENT

Rule 4.28 AMENDED Probate Referee Appointment ........................................................... 415

Rule 4.29 Preparing Inventory and Appraisal ......................................................................... 416

Rule 4.30 Sufficiency of Bond ................................................................................................ 416

Rule 4.31 Waiver of Appraisal by Referee .............................................................................. 416

CHAPTER 7. CLAIMS

Rule 4.32 Nature and Form of Claims .................................................................................... 416

Rule 4.33 Filing and Listing Claims ....................................................................................... 417

Rule 4.34 Approval by the Court ............................................................................................ 417

Rule 4.35 Rejection of Claims by Personal Representative ..................................................... 417

Rule 4.36 Funeral and Interment Claims ................................................................................. 417

Rule 4.37 Claims of Personal Representatives ........................................................................ 417

Rule 4.38 Compromise of Claims ........................................................................................... 418

CHAPTER 8. SALES

PART I. GENERAL INFORMATION

Rule 4.39 Judicial Approval ................................................................................................... 418 Rule 4.40 Exclusive Listings for Sale of Property ................................................................... 418

PART II. SALES OF PERSONAL PROPERTY

Rule 4.41 Tangible Personal Property (Probate Code Sections 10250-10264) .......................... 418 Rule 4.42 Securities .............................................................................................................. 419 Rule 4.43 Condominiums, Community or Cooperative Apartments ......................................... 419

PART III. RETURN OF SALES OF REAL PROPERTY

Rule 4.44 Publication of Notice of Intention to Sell Real Property .......................................... 419 Rule 4.45 Return of Private Sale ............................................................................................. 420 Rule 4.46 Broker's Commissions ............................................................................................ 421 Rule 4.47 Broker's Commissions in Overbid Situations ........................................................... 421

CHAPTER 9. ACCOUNTS

Rule 4.48 In General .............................................................................................................. 422 Rule 4.49 REPEALED Summary of Account Form ................................................................ 422 Rule 4.50 REPEALED Contents of Account .......................................................................... 422 Rule 4.51 REPEALED Reporting Income and Principal ......................................................... 422 Rule 4.52 REPEALED Allegations re Sufficiency of Bond .................................................... 422 Rule 4.53 REPEALED Trustee's First Account ...................................................................... 422 Div IV – Table of Contents ii Revised 7/1/2025

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Rule 4.54 REPEALED Waiver of Accounting on Final Distribution ....................................... 422

CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

Rule 4.55 Description of Assets ............................................................................................. 422 Rule 4.56 Asset Distribution .................................................................................................. 423 Rule 4.57 Allegation re Character of Assets ........................................................................... 423 Rule 4.58 Agreements for Distribution of Assets .................................................................... 423 Rule 4.59 Assignment of Assets ............................................................................................. 423 Rule 4.60 Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate ............ 423 Rule 4.61 Distribution to Persons Under Conservatorship or Guardianship ............................. 424 Rule 4.62 Distribution to Minors ............................................................................................ 424 Rule 4.63 Distribution to Representative of Deceased Heir or Beneficiary .............................. 424 Rule 4.64 Distribution to Intestate Heirs ................................................................................. 424 Rule 4.65 Interest on General Pecuniary Legacies .................................................................. 424 Rule 4.66 Requirements re Final Distribution ......................................................................... 425 Rule 4.67 Tax Procedures re Final Distribution ....................................................................... 425

Rule 4.68 Preliminary Distribution Under Section 11621 ........................................................ 425

CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

Rule 4.69 Family Allowance (Sections 6540-6545) ................................................................. 426 Rule 4.70 Borrowing Money (Sections 9800-9807) ................................................................ 426 Rule 4.71 Operating a Business (Sections 9760(c) and (d)) ..................................................... 426 Rule 4.72 Determining Title to Real or Personal Property (Section 9860) ............................... 427 Rule 4.73 Substitution or Withdrawal of Attorney .................................................................. 427 Rule 4.74 Obtaining Final Discharge ...................................................................................... 427 Rule 4.75 Proceedings to Establish Fact of Death (Sections 200-204) ..................................... 427

CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

Rule 4.76 Temporary Conservatorships .................................................................................. 428

Rule 4.77 Guardianships ......................................................................................................... 429

Rule 4.77.1 Petition for General Guardianship .......................................................................... 429

Rule 4.77.2 Hearing Dates ........................................................................................................ 430

Rule 4.77.3 Service of Documents ............................................................................................ 431

Rule 4.77.4 Proof of Service of the Notice of Hearing ................................................................ 431

Rule 4.77.5 Personal Appearance .............................................................................................. 431

Rule 4.77.6 Multiple Wards ...................................................................................................... 431 Rule 4.77.7 AMENDED Investigation of Guardianship and Filing of Reports ........................ 432

Rule 4.77.8 Factors to Be Addressed in Guardianship Investigative Reports .............................. 432

Rule 4.77.9 Alternative Guardian .............................................................................................. 433

Rule 4.77.10 Order Appointing Guardian .................................................................................... 433

Rule 4.77.11 Guardian of the Estate ............................................................................................ 433

Rule 4.77.12 Current Address / Relocation ................................................................................... 433

Rule 4.77.13 Review of Guardianship ......................................................................................... 433

Rule 4.77.14 Temporary Guardianship – emergency situations only ............................................ 434

Rule 4.77.15 Accounts and Reports ............................................................................................. 435

Rule 4.77.16 Fees for Guardian and for Attorney for Guardian ..................................................... 435

Rule 4.77.17 Discharge ............................................................................................................. 435 Rule 4.78 Use of Minor's Assets for Support .......................................................................... 436 Rule 4.79 Disposition of Minor's Funds (Sections 3410-3413)................................................. 436

Rule 4.80 Compromise of Claims ........................................................................................... 437 Div IV – Table of Contents iii Revised 7/1/2025

Superior Court of California, County of San Mateo

Rule 4.81 REPEALED Conservatorships ............................................................................... 437

Rule 4.81.1 Petition for Appointment of Conservator ................................................................ 438

Rule 4.81.2 Notice ............................................................................................................ 438

Rule 4.81.3 Conservatorships and Trustees Qualifications ......................................................... 438

Rule 4.81.4 Special Requirements on Appointment or Termination of Conservator ................... 440

Rule 4.81.4.1 Personal Appearance .............................................................................................. 440

Rule 4.81.5 General Plan ........................................................................................................... 440

Rule 4.81.6 Letters of Conservatorship of the Estate .................................................................. 440

Rule 4.81.7 Changes of Address ................................................................................................ 440

Rule 4.81.8 California Licensed Professional Fiduciaries .......................................................... 441

Rule 4.81.9 Waiver of Bond ...................................................................................................... 441

Rule 4.81.10 Special Orders Regarding a Major Neurocognitive Disorder .................................... 441

Rule 4.81.11 Visits to the Conservatee ........................................................................................ 442

Rule 4.81.12 Medical Consent Authority ..................................................................................... 442

Rule 4.81.13 Exclusive Authority to Give Medical Consent ........................................................ 442

Rule 4.81.14 Inventory and Appraisement ................................................................................... 443 Rule 4.81.15 Independent Powers – Sale of Real Property and of Conservatee’s Residence ......... 443 Rule 4.81.16 AMENDED Waivers of Account ........................................................................... 443

Rule 4.81.17 Accounts and Reports ............................................................................................. 444

Rule 4.81.18 Confidential Status Report ...................................................................................... 444

Rule 4.81.19 Disclosure of Fees for Private Professional Conservators ........................................ 445

Rule 4.81.20 Death of Conservatee ............................................................................................. 445

Rule 4.81.21 Time for Allowing Compensation .......................................................................... 446

Rule 4.81.22 Obtaining Final Discharge ...................................................................................... 446 Rule 4.82 Substituted Judgment ............................................................................................. 446

CHAPTER 13. COMMISSIONS AND FEES

Rule 4.83 Statutory Compensation in Decedent's Estates ........................................................ 447 Rule 4.84 Compensation for Extraordinary Services in Decedents' Estates .............................. 447

Rule 4.85 Compensation Conservators and Their Attorneys ................................................... 448 Rule 4.86 Time for Allowing Compensation .......................................................................... 449 Rule 4.87 REPEALED Procedure .......................................................................................... 449

Rule 4.88 Court Investigation Assessments ............................................................................ 449 APPENDIX “A” to Chapter 13 ............................................................................... 450

CHAPTER 14. TRANSACTIONS INVOLVING INCOMPETENT SPOUSE Rule 4.89 Prior Court Approval is Required for any Action Specified In § 3100, et seq. .......... 452

CHAPTER 15. TRUSTS

Rule 4.90 Trustee’s Accounts ................................................................................................. 452

Rule 4.91 Notice to Beneficiaries ........................................................................................... 452

Rule 4.92 Compensation of Trustees and Attorneys for Trustees ............................................ 453

Rule 4.93 Trusts Established Before Distribution of Probate Estate ........................................ 453

Rule 4.94 Trusts Created Pursuant to Court Order .................................................................. 453

Rule 4.95 Fees for Public Guardian and County Counsel ........................................................ 454 Rules 4.96 through 4.99 RESERVED

Rule 4.100 Independent Counsel .............................................................................................. 455

Div IV – Table of Contents iv Revised 7/1/2025

Superior Court of California, County of San Mateo Return to Table DIVISION IV of Contents PROBATE DEPARTMENT

ALL REFERENCES TO CODE SECTIONS REFER TO THE PROBATE CODE UNLESS OTHERWISE INDICATED

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

Rule 4.1 General Provisions

A. The Probate Department shall handle hear and determine all matters arising under the Probate Code, including but not limited to all matters relating to Estates, Trusts, Conservatorships, Guardianships, and the protection of Elders under the Welfare and Institutions Code; and the Probate Department is authorized to and granted subject matter jurisdiction to adjudicate all general civil matters relating to Estates, Trusts, Conservatorships, Guardianships, and the protection of Elders, including but not limited to claims relating to the ownership, management or rights to property owned or claimed by Estates, Trusts, Conservatorships, Guardianships, or Elders.

All Unlawful Detainer matters will continue to be heard as civil matters, regardless of the nature of the parties involved.

The claims alleged in the pleadings filed by the parties in a given matter -- not the case number assigned to the matter by the Court -- determines the type of jurisdiction being invoked. Absent pleadings indicating otherwise, the Probate Department will exercise the full extent of general subject matter jurisdiction over civil matters assigned to the Probate Department.

Any party or attorney who is found to have failed to follow any lawful court order, including but not limited to failure to file status reports, failure to fileorders after hearing, and failure to appear at a hearing, is subject to monetary sanctions.

B. Tentative Rulings: Tentative rulings on probate matters may be obtained after 3:00 p.m. by telephone at (650) 261-5019 or by the Court’s website, www.sanmateo.courts.ca.gov one court day prior to the hearing.

Matters that are pre-approved are still subject to objection. If an appearance becomes necessary due to an objection received after the tentative ruling was posted or for some other reason, the matter will be continued. The continued hearing date will be displayed on the Odyssey Portal on the court’s website.

C. Continuances in Conservatorship and Guardianship Matters: A request for continuance should be made at the earliest possible time prior to the hearing and must be to a date approved by the Probate Court Investigator. Continuances requested by the attorney of record, or petitioner in pro per, may be granted upon a showing of good cause. Continuances by stipulation are subject to the approval of the Probate Judge. An appearance will be required by the attorney or the self- represented conservator or guardian, before the Court will consider granting a continuance more than once for a General Plan and/or Inventory and Appraisement hearing, or more than twice for any other conservatorship or guardianship matter. Nothing herein shall prevent the Probate Court Investigator from continuing a matter as necessary to complete their investigation or review. Division IV - 400 - Revised 7/1/2026

Superior Court of California, County of San Mateo

D. Continuances in Probate Matters Other Than Conservatorship and Guardianships. A continuance may be requested by email to probate@sanmateocourt.org. Such requests should be made at the earliest possible time prior to the hearing (but no later than 5 court days prior to the hearing) and must include the following: 1) The case number; 2) The date of the hearing; 3) a statement that all parties agree to the continuance (and are cc’d on the email) or that the requesting party is the Petitioner in the matter and no hearing has yet taken place; and 4) preferred dates for the continued hearing and/or any unavailability with six months of the hearing date.

E. Sanctions: Failure to comply with local rules may result in sanctions under the Superior Court of California, County of San Mateo Local Court Rule 0.2.

F. Venue for Probate Cases All proceedings under the Probate Code are to be filed with the Probate Division’s Clerk’s Office at the Hall of Justice, 400 County Center, first floor, Redwood City, California. All Probate Court proceedings will also be heard at the Southern Division in Redwood City, California, unless otherwise ordered by the Presiding Judge or a designated Supervising Judge pursuant to Local Rule 6.9. Only Probate matters properly venued in San Mateo County under the Probate Code will be heard; consents to venue will not be accepted. (See Probate Code 7051, 17005.)

(Adopted, effective July 1, 1996; Amended, effective January 1, 2003; effective July 1, 2004; Amended, effective January 1, 2013; Amended, effective July 1, 2013, Amended, effective January 1, 2014; Amended, effective January 1, 2018; Amended, effective January 1, 2019; Amended, effective July 1, 2021; Amended, effective July 1, 2024; Amended, effective July 1, 2025; Amended, effective July 1, 2026)

Rule 4.2 Hearing

A Hearing Schedule. Probate matters generally will be heard on Monday through Friday in the designated Probate Department at 9:00 a.m. Please check with the Court Clerk’s Office, Probate Division or the Court’s website at www.sanmateo.courts.ca.gov for the schedule. LPS conservatorship matters are heard by the Court on Tuesdays in the designated Probate Department at 11:00 a.m.

B Probate Calendar. The regular probate calendar sets only a limited number of cases each day. Counsel may request/set the date of the hearing on the moving papers. If the requested date is unavailable, the clerk shall calendar the hearing date to the next earliest available hearing date. The clerk’s office shall notify the attorney of record of any such resetting.

C. Advancing Hearing Dates/ Orders Shortening Time. If a probate matter cannot be heard on the date requested due solely to the fact that the court’s calendar is full, counsel/self- represented parties may make ex parte application to the court to advance the hearing upon a demonstration of good cause. Probate matters may be heard on less than the statutory required notice only upon the issue of an Order Shortening Time (OST) by the court. OST’s may be obtained ex parte upon notice and a demonstration of good cause.

D. Video Appearances (1) Judicial Approval. Video appearances through the use of an independent vendor, currently Division IV - 401 - Revised 7/1/2026

Superior Court of California, County of San Mateo

Zoom, are permitted at certain probate hearings, as indicated in the Tentative Rulings. Video appearances are not permitted for initial conservatorship and guardianship appointments (Probate Code, §1514, §1825), Petitions for Temporary Restraining Orders (e.g., elder abuse cases) or any other matters within the court’s discretion, unless indicated in the Tentative Rulings. See Rule 4.6. In all guardianship matters where Special Immigrant Juvenile Findings relief is sought, the parties and their counsel must appear in person. However, whenever the Court is going to continue a matter because of some deficiency, or deny a petition, even in the types of cases mentioned herein, parties are not required to appear.

(2) Procedure. On the day of the hearing, counsel and parties appearing by video must check-in fifteen minutes prior to the hearing. Video check-in can be accomplished by using the credentials/passwords shown at the top of the Probate Tentative Rulings page. Once the hearing begins, all parties appearing remotely must mute their microphones until their line number is called.

Any attorney or party joining the Zoom meeting after the check-in period shall be considered late for the hearing and shall be treated in the same manner as if the person had personally appeared late for the hearing.

(Adopted, effective July 1, 1996; Amended, effective January 1, 2003; Amended, effective July 1, 2004, Amended, effective July 1, 2006; Amended, effective January 1, 2007; Amended, effective July 1, 2021; Amended, effective January 1, 2023; Amended, effective July 1, 2024; Amended, effective July 1, 2026)

Rule 4.2.1 Informal Discovery Conference

(a) Informal Discovery Conference. In all probate cases, parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion. Counsel must have exhausted all meet and confer obligations before the Informed Discovery Conference.

(b) Assigned Judicial Officer. Informal Discovery Conferences will be scheduled with and conducted by the duly assigned Informal Discovery Conference Judicial Officer. Informal Discovery Conferences will be scheduled with and conducted by the Case Management Judicial Officer. As an Informal Discovery Conference does not involve the adjudication of any issue of disputed law or fact by the duly assigned Informal Discovery Conference Judicial Officer, Code of Civil Procedure Section 170.6 does not apply. The outcome of an Informal Discovery Conference does not bar a party from subsequently filing a discovery motion or prejudice the disposition of a discovery motion.

(c) Remote Only. Informal Discovery Conferences in probate cases are conducted remote only by Zoom, and are not recorded by any party and are not reported by any court reporter.

(d) Request for Informal Discovery Conference.

(i) To request an Informal Discovery Conference, counsel must contact the Court by email at

IDC@sanmateocourt.org, which email must be contemporaneously copied to counsel for all parties to the action and any self-represented parties. Any party requesting an Informal Discovery Conference shall identify the case name and number, the name of the party requesting the Informal Discovery Conference, and the estimated length of the IDC session.

(ii) To reserve a date and time for the Informal Discovery Conference, the requesting party shall consult the Informal Discovery Conference Calendar Availability section of the Court’s website at Division IV - 402 - Revised 7/1/2026

Superior Court of California, County of San Mateo

www.sanmateo.courts.ca.gov, and request in the email (under subsection (e)(i) above) an available IDC session for a date that is, at least, ten (10) calendar days, but no later than twenty-nine (29) calendar days, from the date of the request for Informal Discovery Conference.

(e) Tolling of Deadline to File Motion. By agreeing to engage in an Informal Discovery Conference, parties agree that the time for bringing any motion to compel or other discovery motion is tolled, starting on the date a party makes the email request for an Informal Discovery Conference to the Court. All requests for Informal Discovery Conference must be made prior to the expiration of the statutory time to bring a motion to compel or other discovery motions. Tolling shall be automatically lifted upon completion of the Informal Discovery Conference and placed in the Court’s Minutes including an affirmative waiver of the statutory requirement that it be in writing. Prior to making a request with the Court, counsel shall obtain the consent of the opposing counsel(s) in writing to engage in an informal discovery conference.

(f) Email Correspondence Detailing Discovery Dispute

(i) Within five (5) calendar days of the initial email request to the Court for an Informal Discovery Request, the disputing parties shall, jointly or separately, email correspondence to the Court at IDC@sanmateocourt.org and contemporaneously to all parties, an electronic letter of no more than five (5) pages, without attachments, summarizing the discovery dispute(s). It shall include on the first line (i) the case name and number, (ii) the date and time reserved by the parties for the Informal Discovery Conference, and (iii) the estimated length of the IDC session.

(ii) Failure to timely provide the Court with email correspondence summarizing the discovery dispute(s) may, and likely will, result in the Informal Discovery Conference being vacated/cancelled, or advanced and concluded, and tolling of the time to file and serve any discovery motion will cease.

(g) Statutory Declaration Waived. The Court waives any requirement for the parties involved in the discovery dispute to file “meet and confer” declarations pursuant to Code of Civil Procedure section 2016.040 prior to the Informal Discovery Conference. The dispute will be addressed by the e- correspondence method/procedure set forth above; and the parties are requested not to file any such declarations unless and until the Informal Discovery Conference is unsuccessful and a formal discovery motion is subsequently filed.

(h) Email Requirements.

(i) All communications to the IDC@sanmateocourt.org email address must include in the header

“subject line” the Case Number and Name of Case (e.g., 19CIV06543 Smith v. Jones).

(ii) All correspondence regarding any Informal Discovery Conference, such as IDC letter briefs, requests to take matters off calendar, and requests for rescheduling, shall be submitted electronically, rather than paper, by e-mail addressed to IDC@sanmateocourt.org. All electronic correspondence must be sent in at least 12-point type. All electronic correspondence with the IDC Department must also be contemporaneously sent to opposing counsel or opposing self-represented parties. The IDC Department’s email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Case Management Judicial Officer.

(iii) Communications to the IDC email address are not part of the official court files; and will be retained for at least ninety (90) days and then be subject to deletion (destruction) thereafter.

(i) Authorization of Case Management Judicial Officer.

(i) Good cause appearing, the Case Management Judicial Officer may, and is authorized to,

continue the Informal Discovery Conference, or schedule further proceedings on the same discovery Division IV - 403 - Revised 7/1/2026

Superior Court of California, County of San Mateo

disputes via Informal Discovery Conference. The Case Management Judicial Officer shall enter minutes in the civil case docket indicating that an Informal Discovery Conference was held, the date held, the counsel and parties attending, and whether or not all discovery disputes were resolved.

(ii) If a party to a discovery dispute is notified of the Informal Discovery Conference and fails to appear, the Case Management Judicial Officer may, and is authorized to, reschedule or cancel or conclude the Informal Discovery Conference, or issue an Order to Show Cause Re: Sanctions for failure to appear.

(j) Motion if Unresolved Discovery Disputes. If any discovery dispute is not resolved following the Informal Discovery Conference, any party may proceed to file and calendar hearing on a motion to compel or other discovery motion in the department of the Judge assigned to that probate case.

(Adopted, effective July 1, 2025; Amended, effective July 1, 2026)

Rule 4.3 Probate Trials and Contested Matters

All trials and contested hearings in any proceedings under the Probate Code, which trial or contested hearing is estimated to take less than three court days (i.e., five half days or less), will be heard and set on the calendar of the designated Probate Department.

(Prior Rule 4.3 adopted July 1, 1996 was repealed July 1, 2004; new Rule 4.3 Adopted, effective January 1, 2023; Amended, effective July 1, 2026.)

Rule 4.4 Length of Hearing

The estimated length of the hearing shall determine on which calendar the matter is to be set.

(a) All matters estimated by counsel/self-represented party to last no longer than

fifteen (15) minutes in duration shall be set on the daily Probate Calendar.

(b) All matters estimated by counsel/self-represented party to require a hearing of

longer than fifteen (15) minutes shall be set on the Probate long-cause calendar. Long cause matters will be specially set in the designated Probate Department depending upon the Probate Calendar and availability. Counsel/self-represented parties shall contact the clerk of the court in the Probate Department to obtain a special set hearing date and time prior to filing the initial application or motion to be set for hearing. (i) When a matter is put on the long cause calendar, all papers in support or opposition of the matter must be filed and served five (5) court days in advance of the hearing date. (ii) All long cause matters shall comply with the Law and Motion rules.

(Adopted, effective July 1, 1996; Amended, effective January 1, 2000; Amended, effective July 1, 2004; Amended, effective July 1, 2009; Amended, effective January 1, 2014; Amended, effective January 1, 2023.)

Rule 4.5 Non-Appearance Those matters which may be determined upon a verified petition and without testimony shall be submitted for appropriate action by the Court without appearance by counsel/self-represented parties or witnesses provided that all required documents are submitted timely, as follows:

Division IV - 404 - Revised 7/1/2026

Superior Court of California, County of San Mateo

A. All declarations, affidavits, consents, waivers, proofs of service, proofs of publications, proposed orders and other necessary papers shall be delivered to the Superior Court Clerk’s Office, Probate Division, no later than five (5) court days prior to the hearing. Supporting papers filed after the moving papers must show the scheduled hearing date on the face sheet.

B. The verified petition or an accompanying affidavit signed by the petitioner or by the personal representative or by counsel of record for either of said persons shall set forth the information necessary to establish the amount of bond, if one is required.

C. Failure to submit all necessary papers 5 court days prior to the hearing may result in a continuance of the matter at the court's discretion and convenience.

D. All matters will be non-appearance except as stated in Rule 4.6 or where required by the court.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2026)

Rule 4.6 Appearance

A. Generally. An appearance may be required on the hearing of all matters that are not pre- granted or continued on the Court’s Tentative Rulings that are posted on the Court’s website at www.sanmateo.courts.ca.gov. See Local Rule 4.77.5 (Personal Appearance – Guardianships) and 4.81.1 (Personal Appearance – Conservatorships) below.

B. REPEALED. Please see Local Rule 4.2(d).

C. Filing of Appearance Initiating Documents. All supporting papers for the party initiating an appearance on the probate calendar shall be filed no later than five (5) court days prior to the hearing. Replies shall be filed no later than two (2) court days prior to the hearing. Filing of papers shall occur in the office of the Clerk of the Court, Probate Division at the location where the matter is to be heard.

D. Proposed Order. Except in the case of confirmations of sales and contested matters, a proposed order must be submitted to the office of the Clerk of the Court, Probate Division, at least five (5) court days in advance of the scheduled hearing date, with the scheduled hearing date noted on the face sheet. Failure to submit a timely proposed order five (5) court days in advance of the hearing may result in a continuance of the hearing.

E. Personal appearance by counsel may be required in the following cases:

(1) Contested matters.

(2) Proof of holographic wills, only when specially required by the hearing judge.

(3) Hearings on petitions for court confirmation of sales of property.

(4) Appointment of guardian or conservator.

(5) Any non-routine matter that by law requires the personal appearance of any person.

Division IV - 405 - Revised 7/1/2026

Superior Court of California, County of San Mateo

(Adopted, effective July 1, 1996; Amended, effective January 1, 2000; effective July 1, 2004; Amended, effective January 1, 2011; Amended, effective July 1, 2012; Amended, effective January 1, 2018; Amended, effective January 1, 2023; Amended, effective July 1, 2024)

Rule 4.7 Ex Parte Matters

A. Ex parte petitions shall only be brought when specifically authorized by the Probate Code, in exigent circumstances or in emergencies.

B. Notice of the ex parte petition shall be given to all parties entitled by provision of the Probate Code to receive notice of the matter which is the subject of the ex parte petition by the time as required by California Rules of Court, Rule 3.1203-3.1204.

C. All ex parte applications must allege whether special notice has been requested. If special notice has been requested, the application must identify each person who has requested such notice and must allege that special notice has been given to that person or has been waived by that person. A proof of service of special notice or a written waiver of special notice must be presented with each application.

D. All Probate ex parte applications must comply with California Rules of Court, Rules 3.1201-3.1204.

E. Each petition for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing an order.

F. Probate ex partes shall be heard each day between 10:00 a.m. and 11:00 a.m. by the Probate Department and be filed no later than 10:30 a.m. Applicants must be checked into the Clerk’s office by10:30 a.m. No prior appointment need be made for any ex parte hearing.

(Adopted, effective July 1, 1996; Amended effective January 1, 2000; Amended effective July 1, 2004; Amended effective January 1, 2007; Amended effective July 1, 2022; Amended, effective July 1, 2024; Amended effective January 1, 2025.)

CHAPTER 2. PLEADINGS

Rule 4.8 Caption

All probate pleadings shall conform to the caption requirements of Code of Civil Procedure §422.30(a), et seq. and CRC Rule 2.111. In addition, all probate pleadings must clearly and completely identify the nature of the relief sought or granted. The caption of the pleading shall include the date, time and location of any scheduled hearing. All pleadings shall have identified the attorney of record or state that the party is appearing in pro per. Reference: CCP § 422.30(a), California Rules of Court, Rules 2.111, 3.1110 and 7.102.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective January 1, 2007; Amended, effective July 1, 2021; Amended, effective July 1, 2026)

Division IV - 406 - Revised 7/1/2026

Superior Court of California, County of San Mateo

Rule 4.9 Petition for Instructions

The use of petitions for instructions is limited to those matters for which no other procedure is provided by statute. All petitions for instructions shall include a memorandum of points and authorities filed in support of the petition, with appropriate citations. The petition shall also set forth the specific instructions which the petitioner believes the court should order.

All other petitions seeking relief which is not provided for by statute, shall include a memorandum of points and authorities filed in support of such relief, with appropriate citations. The petition shall also set forth the specific nature of the relief sought.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2024.)

Rule 4.10 Judicial Council Forms

A. All Judicial Council adopted Probate forms must be used where applicable (Probate Code § 1001, California Rules of Court, Rule 7.101). In addition, the Superior Court in San Mateo County requires the use of the following local court forms:

1. Conservatee’s Information and List of Relatives (PR-1)
2. Notification to Court of Addresses for Guardianship (PR-2)
3. Request for Appointment of Probate Referee [Probate Estates] (PR-5)
4. Uncontested Calendar Request [All Probate] (PR-CV-FL-7)
5. Guardianship Affidavit, Questionnaire, and Declaration (PR-18)

6. Confidential Status Report (Conservatorship) (PR-19) (or a more detailed pleading
that contains, at the minimum, all of the information that is required in PR 19).

B. All pertinent information requested on a form must be completed in its entirety before being submitted to the Probate Clerk’s office for filing.

(Adopted, effective July 1, 1996) (Amended, effective July 1, 2004; Amended, effective

July 1, 2005; Amended, effective July 1, 2006; Amended, effective July 1, 2013)

Rule 4.11 Accounts (REPEALED, effective July 1, 1996; refer to Rule 4.49 )

Rule 4.12 Verification

Verifications are required when filing the following probate documents: Petitions, Reports and Accountings, Objections, or responses to Petitions/ Reports/ Accountings.

Reference: Probate Code, §§ 1020-1023; and California Rules of Court, Rules 7.103, 7.104.

(Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Division IV - 407 - Revised 7/1/2026

Superior Court of California, County of San Mateo

CHAPTER 3. SPOUSAL PROPERTY PETITION

Rule 4.13 Statement of Title

(Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004)

Rule 4.14 Allegations in Support of Showing of Community Property

A. If record title to property, either real or personal, is not in community property form, and the petitioner seeks confirmation of the property as community property, the petitioner must allege the facts necessary to give rise to the legal conclusion that the property in question is community property including, but not limited to:

1. Date and place of marriage.
2. The decedent’s net worth at time of marriage.
3. Whether or not the decedent received any significant gifts or inheritance after
marriage; and
4. That the property to be set aside is not traceable to such initial net worth or later gift
or inheritance.
5. Date of transmutation, if needed.

All relevant deeds must be provided and decedent’s will, if any, must be lodged and attached to the Petition.

B. If the decedent and surviving spouse were married outside California or lived outside California during the marriage, the same allegations required above must be made respecting the decedent’s net worth at the time of entry or each re-entry into California.

C. For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.

D. If the community or quasi-community property claim is based on any document, a copy of the document showing signatures must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached. If it is believed that disclosure of the document would be detrimental, the document or the relevant portions may be paraphrased in the petition accompanied by a statement that a copy of the document itself will be made available to the Court.

Reference: Family Code §§ 850-853; Probate Code §§ 100-101 and §§13500-13660; and California Rules of Court, Rule 7.301.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2024)

Rule 4.14.1 Spousal Property Petition Filed with Petition for Probate

Refer to the California Rules of Court, Rule 7.301 for requirements.

Division IV - 408 - Revised 7/1/2026

Superior Court of California, County of San Mateo

Reference: Family Code §§850-853; Probate Code §§100-101 and §§13500-13660

(Adopted, effective July 1, 2004)

Rule 4.15 Fees

Pursuant to Probate Code Section 13600, fees for services connected with filing a spousal property petition are not subject to court approval, except as provided in that section.

Reference: Family Code §850-§853; Probate Code §100-§101 and §13500-§13660; and California Rules of Court, Rule 7.301.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.16 Election of Surviving Spouse to Administer Property

If the personal representative elects to administer the community, quasi-community, or separate property passing to or belonging to a surviving spouse pursuant to Probate Code, §13502, the election must also be supported by a written statement by the surviving spouse indicating a consideration of the alternative procedures available to the surviving spouse. The written statement must also contain an acknowledgment by the surviving spouse that the inclusion of the property in the administration could result in appraisal fees, commissions, and attorney fees that are higher than if an alternative procedure was used. Reference: Family Code §850-§853; Probate Code §100-§101 and §13500-§13660; and California Rule of Court, Rule 7.301.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

CHAPTER 4. APPOINTMENT OF EXECUTORS AND ADMINISTRATORS: PROOF OF WILLS

Rule 4.17 Appointment of Special Administrator

Counsel must personally present the petition to the Court. Such petitions would ordinarily require appearance and notice as required in California Rule of Court, Rules 3.1200-3.1207. Except in the instance of a contest, special letters will issue for only a specified period of time. Although preference is given to the person entitled to letters, if it appears that a bona fide contest exists, the Court will consider the advisability of appointing a neutral person or corporate fiduciary.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court, Rules, 3.1200-1207, 7.50-7.55.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective January 1, 2009)

Rule 4.18 Petition for Probate of Will and Letters of Administration

Copies of all instruments offered for probate must be attached to the petition. Division IV - 409 - Revised 7/1/2026

Superior Court of California, County of San Mateo

(Adopted, effective July 1, 1996; Sections (a), and (c) have been renumbered new Rules 4.18.1, 4.18.2, and 4.18.3)

Rule 4.18.1 Holographic Wills

When a holographic instrument is offered for probate, by filing it with the Court and attaching it to the Petition for Probate and other supporting papers (e.g., proof of Holographic Instrument), a typewritten copy must be accompany the holographic instrument.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55.

(Adopted, effective July 1, 2004, formerly Rule 4.18(a)) Rule 4.18.2 Foreign Wills Where an instrument written in a foreign language is offered, it must similarly be accompanied by an English translation, the accuracy of which is verified by the translator.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55.

(Adopted, effective July 1, 2004, formerly Rule 4.18 (a))

Rule 4.18.3 Item #8 in the Petition for Probate

In addition to those required by law, the following persons shall be listed in Item #8 to the Petition for Probate:

1. Even though a decedent died testate, the petition, as in the case of intestacy, must contain the names and relationships of all the heirs of the decedent. An heir is any person who would be entitled to distribution of a part of the decedent’s estate (including those who would be heirs by virtue of Section 6402.5 if the decedent had a predeceased spouse) if the decedent had died intestate.

2. All contingent heirs and legatees must be listed including persons provided for in the will but whose bequests have been revoked by a subsequent codicil.

3. If a named legatee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51.

4. If an heir or legatee died after the decedent, that person shall be listed with the notation that he or she is deceased. If a personal representative has been appointed, the deceased heir or legatee shall be listed in care of the name and address of his or her personal representative. If no personal representative has been appointed, that fact shall be alleged (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51.

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5. The nominated trustee(s) of a trust created by the will shall be listed.

6. All executors and alternate executors shall be listed.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rules of Court, Rules 7.50-7.55.

(Adopted, effective July 1, 2004, formerly Rule 4.18 (c); Amended, effective January 1, 2007; Amended, effective July 1, 2025)

Rule 4.18.4 Supplement to Petition for Probate

A petitioner for probate shall file with the clerk a completed form DE-147S, which the clerk shall file confidentially, and not as part of the public court file.

Reference: Probate Code Sections 8404(a) and 8404(b)

(Adopted, effective July 1, 2021)

Rule 4.19 Notice Requirements

A. Direct notice required. Noticing requirements are detailed and complex. Refer to the California Rules of Court, Rule 7.51(a).

B. Notice to attorney. Refer to California Rule of Court, Rule 7.51(b)

C. Notice to guardian or conservator: When a guardian or conservator has been appointed for a person entitled to notice, the notice must be sent to the guardian or conservator and, unless the court has dispensed with such notice, to the ward or the conservatee. Refer to California Rules of Court, Rule 7.51(c).

D. Notice to minor. Refer to California Rule of Court, Rule 7.51(d)

E. Notice required in a decedent’s estate when a beneficiary has died. Refer to California Rules of Court, Rule 7.51(e).

F. Additional Notice Requirements: In addition to the above, notice must also be provided to the following:

(1) To any alternative executor and to a non-petitioning co-executor; (2) To the Attorney General where there is a charitable trust involved as set forth in California Probate Code, section 8111.

G. Petition Removed from Calendar. If the original petition is taken off calendar, a new notice must be published and served.

H. Defective Notice.

(1) Publication correct but mailing defective. The hearing normally will be continued to
allow a new mailing at least 15 days before the continued hearing date.

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(2) Mailing correct but publication defective. The matter must be taken off calendar or continued and a new notice must be given by publication and mailing.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court 7.50-7.55.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.19.1 Service of Notice

A. Service. The service must be completed by a person other than petitioner. The server must complete a Proof of Service.

B. Proof of Service. A written Proof of Service (an original and two copies) must be filed with the Court Clerk’s Office, Probate division in Room A, prior to the court hearing as prescribed by the California Rules of Court. If service is required on more than one person, a separate Proof of Service may be submitted for each service.

C. Declaration of Diligent Search. Refer to California Rules of Court, Rule 7.52(a).

D. Mailed notice to county seat. Refer to California Rules of Court, Rule 7.52(b).

E. The court may prescribe or dispense with notice. Refer to California Rules of Court,

Rule 7.52(c)

F. No Proof of Service. If service is not completed or no written Proof of Service is on
file with the Court, the Court may continue the hearing on the Petition.

(Adopted, effective July 1, 2004, formerly Rule 4.19(b))

Rule 4.19.2 Publication.

Reference: California Rules of Court, Rule 7.54.

(Adopted, effective July 1, 2004, formerly Rule 4.19(c))

Rule 4.20 Proof of Wills

In uncontested matters, both witnessed and holographic wills may be proved by declaration without the need of testimony in open court.

Reference: Probate Code §8000-§8547 and §10400, specifically sections 8220, 8250 to 8254; California Rule of Court, Rules 7.50-7.55.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.21 Lost or Destroyed Wills

Declarations of witnesses will be required to prove a lost or destroyed will under the applicable provisions of Sections 8220 - 8226. If the will is proved, the provisions shall be attached to the

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Order for Probate per Probate Code Section 8223.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules 7.50-7.55.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.22 Renunciations and Declinations to Act

A written renunciation shall be filed by or on behalf of a nominated executor who does not petition as such. Similarly, a written declination shall be filed by or on behalf of an individual who is entitled to priority for issuance of letters of administration, but does not desire to act as such. If the necessary renunciation or declaration is not filed, the petition shall indicate the reason.

Reference: Probate Code §8000-§8547 and §10400-§10503; and California Rule of Court Rules 7.50-7.55.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

CHAPTER 5. BOND

The guidelines in this chapter apply to guardians, conservators and trustees, as well as to personal representatives, except as otherwise indicated in Chapter 12.

Rule 4.23 Evidence as to Amount of Bond

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.24 When Bond Is Not Required

A. Personal Representative as Sole Heir/beneficiary.. When the verified petition for probate so requests, unless the will requires bond, no bond will be required of the personal representative where the petitioner is the sole heir or sole beneficiary under the will. However, the Court, in its discretion, may require a bond. B. All Heirs/Beneficiaries Waive Bond.. When the verified petition for probate so requests, unless the will requires bond, no bond will be required when all beneficiaries of the estate waive bond. However, the Court, in its discretion, may require a bond.

Reference: Probate Code §§8480-8488 and §§9700-9705; and California Rule of Court, Rules 7.201-7.206.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.24.1 Statement of Waiver in Petition

Reference: California Rules of Court, Rules 7.201

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Rule 4.24.2 Two Or More Personal Representatives

Reference: California Rules of Court, Rule 7.202 and Probate Code §8481(a)(2).

(Adopted, effective July 1, 2004)

Rule 4.24.3 Separate Bonds For Individuals

Reference: California Rules of Court, Rule 7.203.

(Adopted, effective July 1, 2004)

Rule 4.24.4 Independent Power To Sell Real Property

Reference: California Rules of Court, Rule 7.205.

(Adopted, effective July 1, 2004)

Rule 4.25 Non-Resident Executors Or Administrators

A nonresident nominated to serve as personal representative without bond shall be required to post bond in such amount as the Court determines.

Reference: Probate Code 8480-8488 and 8570-8577; and California Rules of Court, Rules 7.201, 7.206.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2021; Amended effective January 1, 2022)

Rule 4.26 Reducing Bond

Bonds may be reduced at any time after appointment by an ex parte petition and order reducing bond, together with a receipt of a depository showing that assets in the amount of the requested reduction have been so deposited. Such a petition must set forth the assets remaining in the estate after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected.

(Adopted, effective July 1, 1996; (Amended, effective July 1, 2004)

Rule 4.26.1 Withdrawing Funds from Blocked Account

An order authorizing release from a blocked account may be made ex parte. The petition shall set forth the approximate value of the assets on hand, the approximate value of all assets under impound and the amount of the existing bond the purpose for which the withdrawal is being made. Petitioner should recite any limitations on the use of funds, including all existing court orders. Where assets will be coming into or passing through the hands of the fiduciary so as to require an increase of bond, the fiduciary must set forth the information necessary to enable the

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Court to determine the amount of the increase. The order may provide for funds to be paid directly to a taxing authority or beneficiary or other person entitled thereto.

Reference: Probate Code §§8480-8488 and §§9700-9705; and California Rules of Court, Rules 7.201-7.206.

(Adopted, effective July 1, 2004, formerly Rule 4.26(b))

Rule 4.27 Bond Modification

Reference: California Rules of Court, Rule 7.204.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.27.1 Bond Upon Sale of Real Property

Reference: California Rules of Court, Rule 7.206.

(Adopted, effective July 1, 2004)

CHAPTER 6. INVENTORY AND APPRAISEMENT

Rule 4.28 Probate Referee Appointment

A. A Probate Referee will be appointed by the court in all cases when the order for probate is signed, upon the filing of local form PR-5 (Request for Appointment of California Probate Referee (PR-5)). To aid the Court in appointing a probate referee, the information requested in paragraph 4.c of the petition for probate must be completed.

B. Requests that a particular referee be appointed or not be appointed will generally be denied.

Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court, Rule 7.501

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2026)

Rule 4.29 Preparing Inventory and Appraisal

Association has published a pamphlet, Probate Referees' Procedures Guide, describing their suggested form for listing various inventory assets as well as their opinion as to whether particular assets should be listed on Attachment 1 or 2. Although not an official publication, this pamphlet is a good reference. Copies are available from any of the probate referees in San Mateo County.

Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court,

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(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.30 Sufficiency of Bond

If there is a bond currently in force, the inventory and appraisement must disclose on its face, at the place on the form above the attorney's signature, whether the amount thereof is sufficient or insufficient. (See Local Rule 4.27 as to the procedure for modifying the bond.)

Reference: Probate Code §§2610-2615 and §§8800-8980; and California Rules of Court, Rule 7.501

(Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.31 Waiver of Appraisal by Referee

The appraisal by a probate referee may be waived under Section 8903 for "good cause." The decision whether good cause exists will be made by the Court on the basis of the facts set forth in the application. A petition to waive the appraisal by a probate referee must be on a noticed motion. The appointed probate referee shall also be given notice of this motion.

Reference: Probate Code section 8903

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

CHAPTER 7. CLAIMS

Rule 4.32 Nature and Form of Claims

A. Claim versus expense of administration: The Court will not approve "creditors' claims" which represent obligations of the estate arising after the death of the decedent (except reasonable funeral expense). Such expenses are properly expenses of administration, which shall be included for approval in the account.

B. Form of claims 1. Creditors' claims shall be submitted on Judicial Council forms but creditors' claims will be liberally construed in favor of their sufficiency if the content and format are in substantial compliance with the Probate Code. Satisfactory vouchers or proof of the claim should be attached.

2. Any claim presented for filing more than four months after letters are first issued
shall be accompanied by either (1) a copy of the Notice of Administration to
Creditors showing that the claim is timely, or (2) a Court Order allowing a late
filing of the claim pursuant to Section 9103.

Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401-
7.403.

(Adopted, effective July 1, 1996; Amended, Effective July 1, 2004)

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Rule 4.33 Filing and Listing Claims

Reference: Probate Code section 7.403

(Adopted, effective July 1, 1996; Amended, Effective July 1, 2004)

Rule 4.34 Approval by the Court

A. Personal Representative without Independent Powers

Reference: California Rules of Court, Rule 7.401

B. Personal Representative with Independent Powers

Reference: California Rules of Court, Rule 7.402.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.35 Rejection of Claims by Personal Representative

(Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004)

Rule 4.36 Funeral and Interment Claims

When interest has been paid in connection with the delayed payment of a claim for the

reasonable cost of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken, setting forth reasons for the delay in payment. The Court will not allow credit for payment of interest where the delay in payment of the claim is not justified by the facts set forth.

Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401- 7.403.

(Adopted, effective July 1, 1996; Amended, Effective July 1, 2004)

Rule 4.37 Claims of Personal Representatives and Reimbursements to Personal Representatives and their Attorneys.

A. Claims. A creditor's claim of the personal representative shall be noted as such. Such a claim must be processed as provided in Section 9252 notwithstanding authority to act under the I.A.E.A. Where there is more than one personal representative, a creditor's claim submitted by one of the personal representatives must be approved by the other(s) before submittal to the Court for approval.

B. Reimbursements. Payments to a personal representative as reimbursement for payment by that personal representative of funeral expenses, expenses of last illness, or other debts of the decedent shall be reported to the Court in the same manner as an administrative expense.

Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401- 7.403.

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(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

Rule 4.38 Compromise of Claims

Probate Code section 9830 sets forth the mechanics for formal compromise of claims. The same result may be accomplished more simply by having the personal representative approve the claim in the reduced amount reached by settlement. If the claim had been rejected before the settlement, the rejection may be withdrawn.

Reference: Probate Code §§ 9000-9392; and California Rules of Court, Rules 7.401- 7.403.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004)

CHAPTER 8. SALES I. GENERAL INFORMATION

Rule 4.39 Judicial Approval

For estates being administered pursuant to the I.A.E.A., judicial approval of sales or

exchanges of real or personal property is no longer required (Sections 10500 - 10503). For estates not being administered pursuant to the I.A.E.A., confirmations of sales are still required. If the personal representative of an estate being administered pursuant to I.A.E.A elects to follow Court supervised procedures, then the sale of real property shall be preceded by statutory notice of sale pursuant to Sections 10300, et seq.

(Adopted, effective July 1, 1996; Amended, effective January 1, 2000)

Rule 4.40 Exclusive Listings for Sale of Property

Section 10150 is authority for a personal representative acting under I.A.E.A. to enter into

an exclusive agreement to sell real property without prior court approval. At the hearing on confirmation of sale, the Court will determine the commission (without regard to the terms of the exclusive agreement) and the allocation of it between the brokers involved in the sales.

(Adopted, effective July 1, 1996)

II. SALES OF PERSONAL PROPERTY

Rule 4.41 Tangible Personal Property (Probate Code Sections 10250 - 10264)

A. Necessity for appraisal: For estates subject to the I.A.E.A., sales of personal property may be made without Court approval. In all other cases the sale of tangible personal property will ordinarily not be approved unless the property has been appraised. For this purpose, a partial inventory and appraisement may be filed or a letter appraisal may be obtained from the appointed probate referee.

B. Commissions: Commissions on sales of tangible personal property will be allowed only to individuals holding a license authorizing them to deal in the type of property involved. A commission will be allowed on the original bid only when the commission is requested in the return of sale. When there is an overbid in court, a commission may be allowed to the successful broker, and, if the original bid was subject to a commission, apportionment between the brokers will be made according to the same rules as prescribed for real estate sales. The amount of the Division IV - 418 - Revised 7/1/2026

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commission is within the Court's discretion and will not ordinarily exceed a total of 5 percent of the sale price.

(Adopted, effective July 1, 1996)

Rule 4.42 Securities

Where proceeding under Section 10200, the petition for authority to sell must set forth a

minimum sales price as to all securities except those listed on an established exchange. The minimum price must be a recent market quotation from the over-the-counter market, or if there is no recent market quotation available or the securities are "closely held," the petition must set forth the basis for fixing the minimum sales price.

(Adopted, effective July 1, 1996)

Rule 4.43 Condominiums, Community or Cooperative Apartments

A condominium is an interest in real property and must be sold as such, unless it is held as

a limited partnership. A community or cooperative apartment is personal property and must be sold as such. However, the overbid on such assets will be computed on the same basis as in sales of real property, and brokers' commissions will be allowed on the same basis as in sales of real property.

The sale of a cooperative apartment will not be confirmed subject to the purchaser later

obtaining the acceptance of a Board of Directors or other governing body; therefore, the prospective purchaser should obtain acceptance before seeking court confirmation.

(Adopted, effective July 1, 1996)

III. RETURN OF SALES OF REAL PROPERTY

Rule 4.44 Publication of Notice of Intention to Sell Real Property

A. Procedure: Notice shall be published (pursuant to section 6063 (a) of the Government Code unless the Court grants an order shortening time) in all decedents' estates, except those in which there is a power of sale in the will, or those estates administered with full authority under the I.A.E.A. If the personal representative of the estate being administered under I.A.E.A. elects to follow Court supervised procedures, then the sale shall be preceded by statutory notice of sale pursuant to Section 10300 et seq. In all guardianships, conservatorships and court-supervised trusts except those in which the power of sale has been previously granted by the Court the sale shall be preceded by statutory notice of sale. Notice of sale shall be published in a newspaper published in the county in which the real property lies.

If an executor or administrator having power of sale publishes a notice of sale of the real

property and proceeds with the sale thereunder, and later a technical defect appears, the defect cannot be cured by exercising the executor's or administrator's power of sale. The executor or administrator must publish a new notice.

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B. Contents of Notice: In addition to a legal description of the property, the notice should contain the street address or other common designation of the property, when available. If an exclusive listing has been given, the notice should so state. If the property is to be sold subject to an encumbrance, the notice should so state.

If property is to be sold for cash only, the notice must so state. If the estate would prefer

all cash but will accept part cash and part credit, the notice should include the following language: "All cash, or part cash and part credit, the terms and conditions of credit as are acceptable to the fiduciary and the Court.

Effect of Notice: Any offer accepted and returned to court for confirmation cannot be at

variance with the terms of sale contained in the notice.

(Adopted, effective July 1, 1996; Amended, effective January 1, 2000)

Rule 4.45 Return of Private Sale

A. Appraisal and Reappraisal: In order for a private sale to be confirmed, there must be on file an appraisal of the property or a reappraisal for purposes of sale if the decedent's death or guardian's or conservator's appointment occurred more than one year before the date of the private sale. The appraisal or reappraisal should be on file prior to the hearing date on the return or may be presented at the hearing.

B. Market Exposure of Property: Whenever it is brought to the attention of the Court that the fiduciary has denied bona fide prospective buyers or their brokers a reasonable opportunity to inspect the property, the returned sale will not be confirmed, and the sale will be continued to allow inspection.

C. Second Deeds of Trust: The Court will approve the taking of a promissory note secured by a junior deed of trust upon a showing that it serves the best interests of the estate.

D. Hearing on Return of Sale and Overbid: Counsel must be prepared to state the minimum necessary overbid, computed at the rate of 10 percent of the first $10,000, and 5 percent on the balance of the sale price. Counsel should inform the original purchaser or his agent of the time and place of hearing and advise that they be in court for the hearing.

E. Application of Statutory Formula re Overbid: The Court must consider not only whether the bid is arithmetically the highest, but also whether it is best. Counsel or the parties involved should be prepared with factual information that will aid the Court in making this determination.

F. Earnest Money Deposit by Bidder: No bid for the purchase of real property will be acceptable unless accompanied by a minimum deposit of 10% of the amount bid in cash or its equivalent. When an overbid is made in court, the over bidder must submit 10% of his overbid in cash or its equivalent at the time of the hearing on the return of sale.

G. Overbid Form: The Courtroom Clerk will give counsel a form to be completed on the overbid. This form is to be returned to the Clerk before the end of that morning's probate hearings.

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H. Bond: The petition for confirmation of sale of real estate should set forth the amount of the bond in force at the time of sale and the amount of property in the estate which should be covered by bond. If no additional bond is required, or if bond is waived, that fact should be alleged.

I. Absence of Attorney for Estate at Confirmation Hearing: If someone is present who wishes to overbid and the estate's attorney is absent from the hearing, the hearing will be continued for one week, except where the fiduciary is present and requests that the sale proceed without the attorney.

(Adopted, effective July 1, 1996)

Rule 4.46 Broker's Commissions

A. Improved Property: The Court will ordinarily allow a broker's commission not to exceed 6 percent of the first $200,000, 5 percent of the next $300,000, and 4 percent of the balance of the sale price. The parties may agree to a lesser percentage.

B. Unimproved Property: The Court will ordinarily allow a broker's commission not to exceed 10 percent of the first $100,000, 8 percent of the next $200,000, and 5 percent of the balance of the sale price. In the Court's discretion, a flat 10 percent may be allowed. In each instance, the Court will determine what is "unimproved" real property.

C. Order Must Show Commission Allocation: The order confirming sale must show the total commissions allowed and any allocation agreed on between brokers. (For examples of allocation of commissions, see Appendix A.)

D. Commission Rates at Property Situs Will Apply: Where the property is not located in San Mateo County, the Court will allow commissions based on the San Mateo County Probate Court schedules unless it is shown that a larger commission would be allowed based on the schedule in effect in the Probate Court of the County in which the property is located.

E. Broker Bidding for Own Account not Entitled to a Commission: A broker bidding for his own account is not entitled to receive or share in a commission. Estate of Toy 1977, 72 Cal. App. 3d 392.

(Adopted, effective July 1, 1996)

Rule 4.47 Broker's Commissions in Overbid Situations

A. Original Bidder and/or over bidder represented by Broker: Commissions are governed by Probate Code Sections 10161 through 10166. See also the Law Revision Comments following those sections.

B. Original Bidder as over bidder: Once a net bid has been overbid in court, the original bidder may elect to be represented by a broker in further bidding. (Adopted, effective July 1, 1996) CHAPTER 9. ACCOUNTS

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All accounts filed in probate proceedings, which include guardianship, conservatorship, and trust accounts, must be typewritten and must conform to the California Rules of Court (CRC) adopted by the Judicial Council, including without limitation California Rules of Court, Rules 7.550, 7.901 and 7.902 and the California Probate Code, including sections 1060-1064, 2620-2633, 10900- 11051, and 16060-16064.

(Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)

Rule 4.49 Summary of Account Form

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.50 Contents of Account

(Adopted, effective July 1, 1996, Amended, effective January 1, 2000) (REPEALED, effective July 1, 2004)

Rule 4.51 Reporting Income and Principal

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.52 Allegations re Sufficiency of Bond

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.53 Trustee's First Account

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

Rule 4.54 Waiver of Accounting on Final Distribution

(Adopted, effective July 1, 1996) (REPEALED, effective July 1, 2004)

CHAPTER 10. DISTRIBUTION OF PROBATE ESTATE

Rule 4.55 Description of Assets

The petition for distribution, whether or not an account is waived, must list assets on hand

and list and describe the property to be distributed, either in the body of the petition, by a schedule in the accounting, or in a separate exhibit incorporated in the petition by reference. Description by reference to the inventory is insufficient. Real property shall be described by legal description in the body of the decree of distribution.

(Adopted, effective July 1, 1996)

Rule 4.56 Asset Distribution

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The petition for distribution must state specifically how the estate is to be distributed. A

general allegation that distribution is "in accordance with the terms of the will" or "in accordance with the laws of intestate succession" is insufficient.

The petition must show the computation on which the proposed distributions are based.

Whether or not an accounting has been waived, the decree of distribution must set forth

specifically the manner in which the estate is to be distributed by showing the distributee's name and a description of the property or cash, including bank account location, number and amount, to be distributed. Mere reference to the allegations of the petition is insufficient and not acceptable to the Court.

(Adopted, effective July 1, 1996)

Rule 4.57 Allegation re Character of Assets

Whether the decedent died testate or intestate, the petition for distribution must contain an

allegation as to the separate or community character of the property in all cases where the character of the property may affect distribution.

(Adopted, effective July 1, 1996)

Rule 4.58 Agreements for Distribution of Assets

If distribution is to be other than according to the terms of the will or the laws of intestate

succession, there must be on file a written agreement signed by all parties affected by the distribution.

(Adopted, effective July 1, 1996)

Rule 4.59 Assignment of Assets

If distribution is to be made to an assignee of an heir, devisee or legatee, the assignment

and the terms thereof must be on file. (See Section 11604.)

(Adopted, effective July 1, 1996)

Rule 4.60 Allegations re Heirs of Predeceased Spouse When Decedent Dies Intestate

If an intestate decedent leaves neither issue nor surviving spouse and the decedent had a

predeceased spouse, the petition must either set forth the names, addresses and line of blood relationships of the heirs who take by virtue of Sections 6402 and 6402.5 or affirmatively allege that there is no heir who takes by virtue of either section.

(Adopted, effective July 1, 1996)

Rule 4.61 Distribution to Persons Under Conservatorship or Guardianship The decree should provide for distribution of the property to the minor or the conservatee rather than to the guardian or conservator, but must provide that actual payment or delivery be Division IV - 423 - Revised 7/1/2026

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made to the guardian or conservator.

(Adopted, effective July 1, 1996)

Rule 4.62 Distribution to Minors

Where delivery of the assets is to be made to the minor's parent pursuant to Section 3401,

the declaration by complying with the provisions of that section must be on file before the decree is signed.

Where a depository is to be used, the receipt and agreement of the depository must be filed

as required under Section 2328.

If distribution is made to a custodian under Section 3900 et seq., a declaration complying

with the appropriate section thereunder must be on file.

(Adopted, effective July 1, 1996)

Rule 4.63 Distribution to Representative of Deceased Heir or Beneficiary

When an heir or beneficiary dies during the administration of an estate, the decree shall

provide for distribution to the personal representative of his estate (Sections 11801 and 11802) or, where applicable to the person(s) entitled thereto under Sections 13100-13105.

(Adopted, effective July 1, 1996)

Rule 4.64 Distribution to Intestate Heirs

The relationship of heirs who take by intestacy shall be sufficiently described to permit the Court to determine whether the laws of intestate succession have been properly applied. If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent's death.

(Adopted, effective July 1, 1996)

Rule 4.65 Interest on General Pecuniary Legacies

The Court will strictly enforce the policy set forth in Sections 12000 - 12007 and Estate of Hubbell (1932) 216 Cal. 574, and will order payment of interest at the statutory rate on all general pecuniary legacies not paid within one year from the date of decedent's death unless payment of interest is waived in the will.

(Adopted, effective July 1, 1996)

Rule 4.66 Additional Requirements Re: Final Distribution

A. Allegations re Creditor's Claims: The petition for final distribution (whether or not on waiver of accounting and whether or not the personal representative is acting under the I.A.E.A.) must list all creditors' claims presented and indicate the disposition of each claim. If any claim has Division IV - 424 - Revised 7/1/2026

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been rejected, the date of service of notice of rejection must be stated, as well as its disposition, whether by suit or otherwise. This information must be set forth in the petition for final distribution even though it may have been presented to the Court in whole or in part in prior accountings or petitions for distribution.

B. Allegations Relating to Independent Acts: The petition for final distribution must list and describe all independent acts taken without prior court approval and must contain an allegation that the 15-day advice of proposed action was waived or duly served when required and that no objections were received. Sections 10587 - 10591. The originals of the advice of proposed action with attached declarations of mailing must be available but need not be filed with the Court. If certain acts have been properly reported in a prior petition for distribution, they need not be repeated.

C. Retention of a Reserve: The decree of final distribution must specifically set forth the use that may be made of retained funds (e.g., income taxes, closing costs, etc.).

D. No petition for final distribution will be accepted for filing or considered by the Court unless an inventory and appraisement marked final or complete has already been filed.

(Adopted, effective July 1, 1996, Amended, effective January 1, 2000; Amended, effective July 1, 2024; Amended, effective July 1, 2025)

Rule 4.67 Tax Procedures re Final Distribution

The petition for final distribution must address the question of the source of the payment

of the federal estate tax and California estate tax, if any. If the will has a clause directing the payment of the taxes out of the residue of the estate, this should be so alleged. If, on the other hand, there is no tax clause or there is a tax clause which does not direct the source of payment, the amounts required to be prorated or charged must be stated.

(Adopted, effective July 1, 1996)

Rule 4.68 Preliminary Distribution Under Section 11621

In addition to the requirements contained elsewhere in this chapter, the petition must state

the approximate net 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. The Court prefers an inventory and appraisement which includes the property to be distributed be on file.

(Adopted, effective July 1, 1996, Amended, effective January 1, 2000)

CHAPTER 11. MISCELLANEOUS PETITIONS AND ORDERS

Rule 4.69 Family Allowance (Sections 6540-6545)

A. Necessary Allegations of Petition: All petitions for family allowance must state facts to show that the allowance prayed for is necessary and reasonable, including:

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(1) The nature and separate or community character of the probate estate and whether or
not it is solvent;
(2) Whether others are entitled to family allowance;
(3) The approximate needs of the applicant, with reference to his or her standard of living
and
(4) The applicant's income from other sources.

B. Duration of Family Allowance. All orders will limit family allowance to a definite period of time. If the order is on an ex parte petition, family allowance will normally not be granted for a period exceeding six months.

C. Under Section 6540(a): Before an inventory is filed, an order for a family allowance under Section 6540(a) may be made or modified ex parte or on noticed hearing; after an inventory is filed, such an order may be made or modified only on noticed hearing, as provided by Section 6541(b).

D. Under Section 6540(b): An order for a family allowance under Section 6540(b) may be made or modified only on noticed hearing, as provided by Section 6541(c).

(Adopted, effective July 1, 1996)

Rule 4.70 Borrowing Money (Sections 9800 - 9807)

A. Inventory Must Show Security: If the loan is to be secured, an inventory describing the security must be on file prior to the hearing.

B. Bond Requirements: The petition under Section 9800 must state whether the personal representative is serving with or without bond. If with bond, the Court must be advised -- either in the petition or by supplemental declarations filed before the hearing, or by testimony at the hearing -- as to the necessity for an increase in the bond.

(Adopted, effective July 1, 1996)

Rule 4.71 Operating a Business (Section 9760(c) and (d))

A separate order prescribing the notice to be given under Section 9760(c) and (d) must be

presented to the Court before the petition is filed. The Court may prescribe any reasonable notice, but does not have the power to dispense with notice. Ordinarily, the Court will prescribe that at least 15 days' notice must be given to the principal creditors and beneficiaries who might be affected.

(Adopted, effective July 1, 1996)

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Rule 4.72 Determining Title to Real or Personal Property (Section 850)

All notices of hearing given under Section 850 must contain a description of the property

sufficient to give adequate notice to any party who might be interested in the property, including with respect to real property, the street address, or if none, an indication of its location.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2018)

Rule 4.73 Substitution or Withdrawal of Attorney

If an attorney wishes to withdraw from a probate proceeding as the attorney of record, they

may do so by filing a noticed motion, a substitution of attorneys, or a notice of withdrawal consented to by the personal representative and containing the address of the personal representative or the substituted attorney.

(Adopted, effective July 1, 1996)

Rule 4.74 Obtaining Final Discharge

To assist the Court in determining whether final discharge should be ordered, counsel shall

submit to the Court, along with the declaration and order for discharge, a copy of the judgment of final distribution and of all receipts of the distributees. The "order" portion shall be completely filled in except for the date and name of the judge.

(Adopted, effective July 1, 1996)

Rule 4.75 Proceedings to Establish Fact of Death (Sections 200-204)

A. Filing Under Name of Decedent: A petition to establish the fact of death must be filed in the name of the deceased person whose interest is to be terminated.

B. Separate Petition Preferred: Although Section 202(b) authorizes a petition to establish the fact of death to be included in a verified petition for probate of will or for letters of administration (but does not authorize such a petition to be included in any other petition, such as a petition for final distribution), for convenience of administration, attorneys are encouraged to file the petition as a separate petition.

C. Description of Property: If the property affected is realty, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the verified petition must set forth the entire instrument vesting title, including the recordation data. If the property affected is personalty, the location and description of the property and the decedent's interest therein must be set forth with particularity.

D. Attorneys' Fees: There is no provision in the Probate Code for allowance of attorneys' fees in proceedings to establish the fact of death. The attorney should make fee arrangements directly with the client.

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involving the surviving joint tenant for those services performed after the death of the surviving joint tenant.

(Adopted, effective July 1, 1996)

CHAPTER 12. GUARDIANSHIPS AND CONSERVATORSHIPS

Rule 4.76 Temporary Conservatorships

A. In exigent circumstances, petitions may be presented ex parte. On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. A separate petition for the appointment of a regular conservator must first be on file and a hearing date assigned before a petition for temporary conservator will be considered. Forms necessary for temporary appointment of conservator are as follows: (1) Petition for Appointment of Temporary Conservator (GC-110); (2) Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council form GC-112) and Order on Ex Parte application (Judicial Council form GC-115); (3) Order Appointing Temporary Conservator (GC-141); (4) Proof of service regarding 5-day personal service of ex parte petition to proposed conservatee (if matter contested); and (5) Letters of Temporary Conservatorship (GC-150) and Temporary Bond Certificate (for estates). (6) Declaration Re: Notice of Ex Pate Application for Orders (local form PR-9)

B. Prior Review and Filing (1) Both temporary and permanent conservatorship petitions and subsequent filings must be filed at the Probate Clerk’s office before presentation to the Court. Represented parties must ensure that the separate petition for the appointment of a regular conservator has been e-filed and accepted, prior to filing the petition for temporary conservatorship. Self-represented parties may present both sets of documents at the clerk’s office. All filings regarding conservatorships must be accompanied by an original and two copies.

(2) All petitions for temporary conservatorships must be filed in the Probate Clerk’s Office before it is screened by the Court Investigator’s Office. After the Court Investigator screens the petition, the Court Investigator will present the petition to the judicial officer for review and ruling. It is recommended that an appointment for screening of the petition by the Court Investigator be made by emailing a copy of the unfiled documents ahead of time to PCI@sanmateocourt.org, parties may also call 650-261-5068.

C. Grounds: The emergency nature of the facts which are alleged as good cause for the appointment must also be alleged. Petitions must be signed by the petitioner(s). (California Rules of Court, Rule 7.103.)

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lesser amount is requested, good cause must be shown in the petition. The Court may in certain cases require a bond of a temporary conservator of the person.

E. Notice: Notice of the ex parte hearing must be given to the proposed conservatee (Probate Code, Section 2250) and the persons listed in Probate Code, Sections 1821 and 1822. Notice and the declaration regarding notice must comply with CRC 3.1200-3.1207, and must state whether any person entitled to notice objects to the hearing. Reasons for shortening or dispensing with statutory notice must be alleged.

F. Length of Appointment: A temporary conservator will not be appointed for a period exceeding 30 days or the date of the hearing assigned for the regular petition, whichever is later. It may be extended for good cause shown by written order of the Court.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2006; Amended, effective January 1, 2007; Amended, effective January 1, 2009; Amended, effective July 1, 2009; Amended, effective January 1, 2012; Amended, effective January 1, 2020; Amended, effective July 1, 2021; Amended, effective July 1, 2024)

Rule 4.77 Guardianships

(Adopted, effective July 1, 1996, Amended, effective January 1, 2000; REPEALED, effective July 1, 2004 [See Rules 4.77.1 to 4.77.17)

Rule 4.77.1 Petition for General Guardianship.

A petition may be filed for a guardianship of the person, guardianship of the estate, or both. This petition must be filed in all cases, even if the guardianship is needed for a short period of time. A packet of blank guardianship forms, including a list of all documents required to be filed with the Superior Court in San Mateo County and information regarding the procedures for proper service of notification (PR-20) is available from the Superior Court Clerk’s Office, Room A, 400 County Center, Redwood City, and on the Internet at www.sanmateo.courts.ca.gov. Each of the forms must be completed in its entirety, copied, and returned to the Clerk’s office for filing before the Probate Clerk will assign a case number and set a hearing date. A case number and hearing date will be assigned by the Counter Clerk as part of the filing process.

1. The following documents (an original and two (2) copies) must be submitted with the initial

filing: a. Notice of Hearing (GC-020) b. Petition for Guardianship (GC-210) c. Confidential Guardian Screening Form (GC-212) d. Guardianship Declaration" (San Mateo County Local Form PR 18) e. Declaration Under UCCJEA (FL-105/GC-120) f. Notification to Court of Addresses for Guardianships (San Mateo County Local Form, PR-2)

g. Consent of Guardian, Nomination and Waiver (GC-211) - this is a multi-purpose
form, and must be submitted for the “Consent” of the guardian. The nomination
and/or waiver provisions are optional. This form may be submitted in counterpart.

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h. Duties of Guardian (GC-248)

2. All documents will become part of the public record, with the exception of the

Guardianship Declaration (PR-18) and the Confidential Guardian Screening Form (JC-GC 212) (confidential except by court order – see California Rules of Court, Rule 7.1001).

3. All filings must consist of an original and two (2) copies. Signatures must be in blue ink.

The clerk will retain the original and one (1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be stamped “endorsed filed” and will be returned to the filing party for his/her records,

4. The Guardianship Declaration (Local Form, PR 18) should include the following information to assist the Court Investigators and the Court:

   a. Specific reasons why parents are not suitable b. Complete legal name, any other names used for the minor c. Development of the minor, whom minor has resided with since birth, and any special emotional, psychological, or physical needs; and ability of guardian to meet these needs. d. Daycare arrangements, if any; name, address and telephone number of person or facility providing care e. Schooling/education plan and any special needs f. Housing arrangements, own room or sharing g. Financial support and source h. Name and telephone number of physician i. Other relevant information (facts which should be revealed to the court but which the petitioner wishes to have remain confidential should be addressed to the Court Investigator and labeled, “For Confidential Use Only.”)

(Adopted, effective July 1, 2004, formerly Rule 4.77 (a), (c), and (d); Amended, effective July 1, 2006; Amended, effective January 1, 2012; Amended, effective July 1, 2021; Amended, effective July 1, 2024)

Rule 4.77.2 Hearing Dates

A. A hearing date will be assigned at the Court Clerk’s Office, Room A when the documents are filed.

B. Continuances. See Local Rule 4.1 above.

C. Order shortening time. All applications for Order shortening time shall be submitted in the Court Clerk’s Office, Probate Department rather than the Law and Motion Department.

(Adopted, effective July 1, 2004; Amended, effective July 1, 2011; Amended, effective July 1, 2024)

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Rule 4.77.3 Service of Documents

A. It is the responsibility of the petitioner to arrange for service of the notice of the hearing of the petition as set forth in Probate Code §1511, including a copy of the petition if required, unless a written waiver of notice is filed. B. The service must be completed by a person other than the petitioner. The server must complete a written Proof of Service.

C. A written Proof of Service (an original and two copies) must be filed with the Court Clerk’s Office, Room A, prior to the court hearing. If service is required on more than one person, a separate Proof of Service may be submitted for each service.

D. A copy of the notice, petition, and Guardian Screening form shall be mailed to Children and Family Services 400 Harbor Blvd., Belmont, CA at least fifteen (15) days prior to the hearing.

E. For petitions filed by non-relatives, a copy of the notice of hearing and petition must be mailed to the Director of Social Services in Sacramento, California at least fifteen (15) days prior to the hearing.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2011)

Rule 4.77.4 Proof of Service of the Notice of Hearing

A written proof of service must be filed with the Probate Clerk, Room A, at least five court days in advance of the hearing date unless otherwise waived.

(Adopted, effective July 1, 2004)

Rule 4.77.5 Personal Appearance

All petitions for general guardian will require a personal appearance by the petitioner(s) and if not one in the same, the proposed guardian(s) at the hearing for appointment. See also Local Rule 4.6, above. The petitioner, the attorney (if any) and the proposed ward if age 12 or older, shall be present.

(Adopted, effective July 1, 2004; Amended, effective July 1, 2012)

Rule 4.77.6 Multiple Wards

A. The Court will not appoint a guardian for several wards on a single petition and under the same file number unless the minors are full siblings. Separate proceedings must be commenced for non-siblings or half siblings. For sibling cases filed at the same time, only one filing fee will be required.

B. A separate Inventory and Appraisement shall be filed for the interests of each ward in cases where multiple wards are listed under one case number.

C. Separate accountings shall be filed for each ward subject to a guardianship of the estate.

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(Adopted, effective July 1, 2004, formerly 4.77(b))

Rule 4.77.7 Investigation of Guardianship and Filing of Reports.

A. In all cases where the proposed guardian is a relative, the Manager of the Probate Court Investigations Unit shall assign an Investigator who will conduct the investigation and file a written report at least five (5) court days prior to the hearing date.

B. In all cases where the proposed guardian is a non-relative, the Department of Children and Family Services will conduct the investigation and file a written report at least five (5) court days prior to the hearing date. “Relative” is defined at Probate Code section 1513(g).

C. If the petition is filed at the recommendation of the Department of Youth and Family Services, the petition shall refer to that Department’s recommendation, and the Department shall furnish to the Court a copy of their Investigation Report, medical or educational evaluations, or other relevant documents concerning the minor upon which they based their recommendation. In this event, a Court Investigator would not need to be appointed for a further investigation and report.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2012; Amended, effective July 1, 2026)

Rule 4.77.8 Factors to Be Addressed in Guardianship Investigative Reports.

In addition to the factors set forth in Probate Code §1513(a), the Investigation shall include:

A. An in-person interview with the minor(s), the parent(s), and proposed guardian(s). If a parent is not available for a personal interview, the report shall explain the circumstances and any contacts with the parent.

B. Telephone or written communication (as possible) with collateral contacts, such as school teachers, daycare providers, neighbors, relatives, and other interested parties.

C. A visit to the home of the proposed guardian.

D. If a parent objects to the guardianship, a visit to the home of the parent.

E. A criminal records check on the parent(s), the proposed guardian, and any other person over fifteen (15) years who inhabits the guardian’s home.

(Adopted, effective July 1, 2004)

Rule 4.77.9 Alternative Guardian.

A. If neither the parent(s) nor the proposed guardian is found to be an appropriate caretaker for the minor, the matter shall be referred to the Department of Children and Family Services to determine if there is another appropriate adult who will agree to act as guardian. That adult will be instructed to file a separate guardianship petition for consideration by the Court.

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B. If no appropriate and willing adult is located to act as guardian, then the Department of Children and Family Services shall initiate a petition in the Juvenile Court pursuant to Welfare & Institutions Code §300.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2012)

Rule 4.77.10 Order Appointing Guardian

A. It is the responsibility of the petitioner to prepare all proposed orders. An original and two copies of the proposed order appointing guardian should be delivered to the Court Clerk’s Office in Room A at least five court days before the hearing.

B. The Court will fix a non-appearance hearing date for filing of the Inventory & Appraisal and/or Receipt of Funds in Blocked Accounts for all guardianships of the estate.

C. A fee will be assessed for Court Investigation unless deferred or waived by the court. The amount of the fee shall be specified in the order appointing guardian.

(Adopted, effective July 1, 2004)

Rule 4.77.11 Guardian of the Estate

The guardian of the estate shall be required to comply with the Local Rules applicable to conservators of the estate. See Local Rules of Court, Rules 4.81.13 through 4.81.18 below.

(Adopted, effective July 1, 2004)

Rule 4.77.12 Current Addresses/Relocation

All attorneys and guardians are required to keep the Court informed of their current addresses and phone numbers as well as the current address and phone number of the ward.

A child subject to guardianship shall not be relocated outside the State of California without a court order. See Probate Code Section 2352.

(Adopted, effective July 1, 2004)

Rule 4.77.13 Review of Guardianship.

Guardianships will be reviewed annually. At the time of the granting of the petition for general guardianship, a twelve-month review date will be set. The guardian will be instructed by the Court to execute and return a “Confidential Guardianship Status Report” form (Judicial Council form GC-251) to the Court Investigator’s Office by the designated review date. The Court may calendar further review dates, if needed. The party must execute and return to the Court their “1513.2 Statement” by the designated review date.

(Adopted, effective July 1, 2004; Effective July 29, 2014; Local Rule 4.77.13 is temporarily suspended pursuant to Standing Order 14-127 (see Court’s website for Standing Orders)).

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Rule 4.77.14 Temporary Guardianship - Emergency Situations Only

A. If temporary guardianship is necessary, the court may consider the application with a short notice period (5 court days) or no notice (ex parte) [Prob.C. §2250]. In exigent circumstances, petitions may be presented ex parte. On those days that the Probate Presiding Judge is not available, the petitioner shall present his/her petition to the court’s Presiding Judge or the judge designated to hear ex parte matters. It is the policy of the Court not to change the residence of the proposed ward absent exigent circumstances and a recommendation by the Court Investigation unit.

B. All the forms for a general guardianship must be submitted before a petition for temporary guardianship will be granted. The additional forms necessary for a temporary guardianship (original and two copies) are:

1. Petition for Appointment of Temporary Guardian (GC-110)
2. Order Appointing Temporary Guardian or Conservator (GC-140)
3. Letters of Temporary Guardianship (GC-150)
4. Duties of Guardian (GC-248)
5. Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for
Appointment of Temporary Conservator (Judicial Council form GC-112) and Order
on Ex Parte application (Judicial Council form GC-115)

C. The petitioner and the attorney, if any, should be present when a temporary guardianship is requested. A proposed ward age twelve (12) or older, should be present.

D The Petition for General Guardianship and supporting documents must be filed and the fee paid before a Petition for Temporary Guardianship is filed with the Court for consideration

E. Filing and Prior Review of Documents 1. All documents shall be filed with the Court Clerk’s Office, Room A, at the Probate counter at 400 County Center, 1st floor, Redwood City. Represented parties must ensure that the separate petition for the appointment of a regular conservator has been e-filed and accepted, prior to filing the petition for temporary conservatorship. Self- represented parties may present both sets of documents at the clerk’s office.

2. All petitions for temporary guardianship must be filed in the Probate Clerk’s Office
before it is screened by the Court Investigator’s Office. After the Court Investigator
screens the petition, the Court Investigator will present the petition to the judicial
officer for review and ruling. It is recommended that an appointment for screening of
the petition by the Court Investigator be made by emailing a copy of the unfiled
documents ahead of time to PCI@sanmateocourt.org, parties may also call 650-261-
5068.

F. If the party seeking to be appointed guardian knows of an objection to the petition for temporary, he or she must advise the Court.

G. If the Court grants the petition appointing temporary guardian, the order will be filed and the Clerk will issue the Letters of Temporary Guardianship. The order will specify an expiration date for the Letters which will usually coincide with the date set for hearing of the general guardianship. Division IV - 434 - Revised 7/1/2026

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H. After Letters are issued by the Clerk, certified copies may be purchased for a small fee.

(Adopted, effective July 1, 2004; Amended, effective July 1, 2005; Amended, effective July 1, 2006; Amended, effective January 1, 2009; Amended, effective July 1, 2009; Amended, effective January 1, 2011; Amended, effective January 1, 2014; Amended, effective January 1, 2020; Amended, effective July 1, 2021; Amended, effective July 1, 2024; Amended, effective July 1, 2024)

Rule 4.77.15 Accounts And Reports

A guardian of the estate shall file a Confidential Guardianship Status Report” form (Judicial Council form GC-251) to accompany any account and report OR for request for release of blocked funds. For general rules on accounts see Chapter 9 of these Rules.

(Adopted, effective July 1, 2004)

Rule 4.77.16 Fees for Guardian and for Attorney for Guardian.

A. Refer to CRC, Rule 7.751

B. Fees for attorneys for guardian of the person, when there is no guardianship of the estate, shall be a matter of contract between the attorney and the guardian and not subject to court supervision. Attorney’s fees for guardian of the person and/or estate which are to be paid from the estate of the ward are subject to court approval and shall be computed and paid as set forth herein at California Rules of Court, Rule7.751.

C. If all the estate funds will be placed in blocked accounts, the Petition for Guardianship may include a contemporaneous request for attorney’s fees incurred to establish the guardianship. In these circumstances, the order of appointment should specify the name and address of the bank where the funds shall be deposited and shall authorize the bank to disburse fees of a specified amount before the account balance is blocked.

(Adopted, effective July 1, 2004)

Rule 4.77.17 Discharge

A. Discharge of the guardian of the person is not required. Upon the ward attaining the age of 18, the guardianship of the person expires by operation of law.

B. Discharge of the guardian of the estate will first require the submission of a final account.

C. After approval of the account, a separate declaration for final discharge must be submitted, together with the Receipt executed by the former ward and a photocopy of the order settling the final account and ordering delivery of assets to the former ward. The declaration must state the date on which the ward reached majority.

(Adopted, effective July 1, 2004)

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Rule 4.78 Use of Minor's Assets for Support

A. In Guardianship Cases: If a minor has a living parent or receives or is entitled to support from another source, prior court approval must be obtained before using guardianship assets for the minor's support, maintenance or education. (Section 2422.) The petition must set forth the parents' financial inability or other circumstances which in the minor's interest would justify use of the guardianship assets. Such petition may be included in a petition for the appointment of a guardian. An order granting such petition shall be for a limited period of time, usually not to exceed 6 months, or for a specific and limited purpose.

B. Funds in Blocked Account in Non-Guardianship Cases: A request for withdrawal of amounts necessary for the minor's support may normally be made ex parte if accompanied by a sufficient showing of the need. However, where the minor has a living parent, the petition must contain the allegations referred to in Subsection (a) above; in such cases the Court may require the obtaining of an order prescribing notice and a calendared hearing.

(Adopted, effective July 1, 1996)

Rule 4.79 Disposition of Minor's Funds (Sections 3410-3413)

A. Contents of Petition: A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement of the reasons that the requested relief will best serve the interests of the minor. B. Notice: The petition may be presented ex parte if the only relief sought (other than reimbursement for filing fee and award of reasonable attorneys' fees) is to deposit funds in a blocked account and the amount involved does not exceed $20,000. Otherwise the petition must be noticed.

C. The Order: Where the minor's funds are to be deposited in a blocked account, the order must provide that the person holding funds shall disburse the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified. The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds. The receipt must acknowledge that the funds may be withdrawn only on court order.

D. Orders for Withdrawal of Impounded Funds: Where withdrawal is sought because the minor has reached majority, and the order establishing the blocked account is not self-executing, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal. The order must provide for the payment of the funds only to the former minor.

(Adopted, effective July 1, 1996)

Rule 4.80 Compromise of Claims

(See generally Sections 2500-2507; 3500-3612; Code Civ. Proc. Section 372; Cal. Rules of Court Section 241)

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A. Court to Which Addressed

(1) Where the claim is the subject of a pending action, approval must be by the court to
which the matter was assigned for trial or settlement, if any; otherwise, approval must be by
the Probate Court in accordance with subparagraph (2) below.

(2) Where the claim is not the subject of a pending action and approval is sought in this
county, it shall be addressed to the Probate Court, and if there is a guardianship or
conservatorship proceeding pending, the approval must be had in that proceeding;

(3) In cases where the trial or settlement court has approved the basic settlement and
compromise, the matter of the disposition of the net recovery may be referred to the Probate
Court under Section 3600 et seq.

B. Contents of Petition to be presented to the Probate Court: In addition to the requirements of Section 2506 and Cal. Rules of Court Section 241, the petition for compromise of a claim for a minor should show the date of birth of the minor, the minor's place of residence, and the names and addresses of the minor's parents. Current medical reports, giving a diagnosis and prognosis of the minor's or conservatee's condition should be attached to the petition or submitted to the Court at the time of the hearing.

C. Notice re Probate Court matters: Where the claim is that of a minor and there is no guardianship of the estate and the only relief sought (other than reimbursement for reasonable expenses, costs and attorneys' fees) is to deposit the net recovery in a blocked account and the net recovery does not exceed $20,000, the petition may be presented ex parte.

D. Order: If the net proceeds received on behalf of a minor are to be made the subject of an impound, the requirements contained in Local Rule 4.79(c) are applicable. If the order deals with the compromise of claims of more than one minor, the interest of each minor must be separately stated, and the order must provide that there should be no commingling or combining of such interests.

E. Attorneys' Fees: Except for good cause shown, attorneys' fees in excess of 25% of the net settlement proceeds will not be allowed.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2024)

Rule 4.81 Conservatorships

(Adopted, effective July 1, 1996, Amended, effective January 1, 1999; effective January 1, 2000; REPEALED, effective July 1, 2004; See new Rules 4.81.1 to 4.81.21) Rule 4.81.1 Petition for Appointment of a Conservator.

A. A petition for establishment of a conservatorship requires the following forms: (1) Petition for Appointment of Probate Conservator (GC-310); (2) Confidential Supplemental Information (GC-312); (3) Notice of Hearing (GC-020); (4) Ex Parte Order Authorizing Disclosure of Proposed Conservatee’s Health Information to Court Investigator (HIPPA) (GC-336) (5) Confidential Capacity Assessment & Declaration-Probate Conservatorship(GC-335);

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(6) Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325) (7) Citation (GC-320); (8) Confidential Conservator Screening (GC-314); (9) Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348); (10) Conservatee’s Information and List of Relatives (Local Court Form PR-1); and (11) Appointment of Probate Referee (Estate) local form.

(Adopted, effective July 1, 2004,former Rule 4.81(a); Amended January 1, 2005; Amended, effective July 1, 2005; Amended, effective January 1, 2009; Amended, effective July 1, 2010; Amended, effective July 1, 2011; Amended, effective July 1, 2024; Amended, effective July 1, 2025)

Rule 4.81.2 Notice.

A. On Petition for Appointment of Conservator: There is no statutory basis for shortening the time of notice or for dispensing with notice on a petition for the appointment of a conservator. If the petition alleges that there is no relative of the proposed conservatee within the second degree, notice shall be given to all adult relatives within the third degree who reside in California. Reference, Probate Code section 1821 and California Rules of Court, Rules 7.51-7.53.

B. For petition of appointment of a temporary conservatorship, or for ex parte matters, a declaration regarding notice is required. Reference; California Rules of Court, Rules 3.1200- 3.1207.

C. When an attorney has been appointed to represent a conservatee, regardless of the purpose of the appointment, notice of all hearings including requests for ex parte relief shall be given to the appointed attorney. If any other petition is pending when the attorney is appointed, and a future hearing date has already been assigned, the petitioner shall promptly forward a copy of the notice and petition to the appointed counsel. If the appointed attorney is discharged, then no further documents need be served on the attorney.

(Adopted, effective July 1, 2004, formerly Rule 4.81 (d); Amended, effective January 1, 2007)

Rule 4.81.3 Guardians, Conservators and Trustees Qualifications

Qualifications for conservators: Both Private Non-professional and Private Professional Conservators provide a valuable service to the community and to the conservatees. All conservators must complete education classes as part of qualifying to serve as a conservator in San Mateo County. A. Private Non-professional Conservators and Trustee

1. Conservator of the Person

a) A private non-professional conservator of the person within six (6) months of
appointment must complete a three (3) hour course covering the duties and
responsibilities of a conservator of the person. The conservator must file a certificate
of completion with the Court to satisfy the requirement or appear to explain why the
requirement has not been met.

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b) The Court may in its discretion waive such requirement.

2. Conservator of the Estate

a) A private non-professional conservator of the estate within six (6) months of
appointment must complete a three-hour course covering the duties and
responsibilities of a conservator of the estate. The conservator must file a
certificate of completion with the Court to satisfy the requirement or appear to
explain why the requirement has not been met.

b) The Court may in its discretion waive such requirement.

3. Trustee

a) A private non-professional trustee within six (6) months of appointment must
complete a three-hour course covering the duties and responsibilities of a trustee of
a trust. The trustee must file a certificate of completion with the Court to satisfy the
requirement or appear to explain why

b) The Court may in its discretion waive such requirement.

B. Court Appointed California Licensed Professional Fiduciary

1. In order to be a Court Appointed California Licensed Professional Fiduciary as a
conservator or trustee by the Superior Court of California, County of San Mateo, as of 01
July 2008, the Professional Fiduciary must meet be licensed by the Professional Fiduciaries
Bureau of the State of California. Requirements for initial licensing include completing
thirty (30) hours of approved education courses and passing the State of California
Professional Fiduciary Bureau licensing examination. For further licensing requirements,
see the Professional Fiduciaries Bureau website at www.fiduciary.ca.gov.

2. Continuing Education
As of July 1, 2008, California Licensed Professional Fiduciary must complete:
- A minimum of fifteen (15) hours of continuing education credit each year for
licensing renewal; and

- Must abide by the new Professional Fiduciaries Code of Ethics (see the
Professional Fiduciaries Bureau website at www.fiduciary.ca.gov.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2009; Amended, effective July 1, 2009) Rule 4.81.4 Special Requirements on Appointment or Termination of Conservator.

A. Following the appointment of a conservator, a court investigation shall be conducted for the first annual and each subsequent bi-annual review set by the court. A court investigation shall also be conducted for each established conservatorship as otherwise ordered by the court pursuant to Probate Code section 1850(b).

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B. A court investigation of a petition to terminate conservatorships is not required unless so ordered by the court. A limited investigation may be ordered by the court pursuant to Probate code section 1826(p).

C. By Standing Order of the Court the Court Investigator is appointed and directed to conduct court investigations for identified matters related to a conservatorship. The Standing Order dispenses with the use of the optional Judicial Counsel forms GC-330, GC-331 and GC 332.

D. When an initial petition for conservatorship is filed, and at any future time when conservatorship documents are filed, the Clerk will retain a copy, and will deliver the copy to the Court Investigator. (Parties should submit an original and two copies of any document in order to receive back an “endorsed-filed” copy.)

(Adopted, effective July 1, 2004, former Rule 4.81 (c); Amended, effective July 1, 2006; Amended, effective July 1, 2011; Amended, effective January 1, 2012)

Rule 4.81.4.1. Personal Appearance All petitions for the appointment of a conservator(s), co-conservator(s) or successor conservator(s) will require the personal appearance of the proposed conservator(s) at the hearing for appointment, unless otherwise ordered by the Court. (see also Local Rule 4.6, above) (Adopted, effective July 1, 2012)

Rule 4.81.5 Confidential General Plan.

REPEALED

(Adopted, effective July 1, 2004, formerly Rule 4.81(g); Amended, effective July 1, 2009; Amended, effective January 1, 2012; REPEALED, effective July 1, 2025)

Rule 4.81.6 Letters of Conservatorship of The Estate.

The conservator is advised to record letters of conservatorship of the estate in any county where real property owned by the conservatee is located. Reference: Probate Code Section 1875.

(Adopted, effective July 1, 2004)

Rule 4.81.7 Changes of Address

The conservator must promptly file a revised notice with the Court of any change of address or telephone number of the conservator, the conservatee, or the attorney for the conservator using the court’s local form “Conservatee’s Information and List of Relatives (Local Court Form PR- 1).

(Adopted, effective July 1, 2004, formerly Rule 4.81(f); Amended, effective January 1, 2009)

Rule 4.81.8 California Licensed Professional Fiduciaries.

A California Licensed Professional Fiduciary or trustee as defined in Probate Code section 2341, must be licensed by the Professional Fiduciaries Bureau of the State of California in order to continue to function as a Professional Fiduciary as of January 1, 2009. For licensing requirements, see the Professional Fiduciaries Bureau website at www.fiduciary.ca.gov. A listing of California Licensed Professional Fiduciaries is available on the Professional

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Fiduciaries Bureau website listed either by county or by name. Fiduciaries are only listed in the county in which their business address is located.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2009; Amended, effective July 1, 2009)

Rule 4.81.9 Waiver of Bond

A waiver of bond by a conservatee shall be in writing. In addition, the conservatee should be prepared to reaffirm his or her waiver in open court and to describe the circumstances surrounding the execution of the written waiver. Reference: Probate Code section 2321.

(Adopted, effective July 1, 2004, former Rule 4.81(e))

Rule 4.81.10. Special Orders Regarding a Major Neurocognitive Disorder (formerly Dementia Powers)

A. Required Forms

1. If orders are being sought relating to a major neurocognitive disorder as set forth in

Probate Code section 2356.5, namely, restricted placement and/or dementia medications (i.e. psychotropic medications given solely for dementia), the following forms must be filed confidentially with the petition: 1) “Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder” (GC-313); 2) “Confidential Capacity Assessment & Declaration-Probate Conservatorship” (GC- 335); and 3) Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325).

The Capacity Declaration must reflect an examination date of the proposed conservatee within 120 days from the date of filing, unless good cause is shown. Good cause may be established through a declaration. The Petition Worksheet (item 3 above) shall be marked confidential by the Court at the time of filing and shall be kept in the Court’s confidential file.

B. Requests for Special Orders Regarding a Major Neurocognitive Disorder at Subsequent Hearing (formerly Dementia Powers):

1) If Exclusive Medical Authority Has Not Previously Been Ordered.
If exclusive medical authority has not previously been ordered, the conservator must first
establish that the conservatee lacks the capacity to give consent for medical treatment
before the Court will grant Special Orders Regarding a Major Neurocognitive Disorder.
The conservator should use GC-380 and provide the same documents as set forth above.

2) If Court Has Already Granted Exclusive Medical Authority.
If the Court has already made an order granting exclusive authority to give consent to
medical treatment, the conservator shall petition to modify that order to add the special
orders regarding a major neurocognitive disorder. The conservator should use GC-380
and inter-lineate that the petition is for modification of an existing order. The
Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder
(GC-313), and an updated Confidential Capacity Assessment & Declaration. (See
confidentiality requirements, above.)

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C. Stale Dated Capacity Declaration: In all case types, whenever a Confidential Capacity Assessment & Declaration is required, it must reflect an examination date of the proposed conservatee within 120 days of the filing date of the petition, unless good cause is shown. Good cause may be established through a declaration.

D. Psychotropic Medications to Treat Conditions Other Than a Major Neurocognitive Disorder - No Capacity to Give Consent: If a conservatee is prescribed psychotropic medications for the treatment of another medical condition (i.e. other than a Major Neurocognitive Disorder), and if the conservatee lacks the capacity to give consent for medical treatment, the conservator shall file a doctor’s declaration explaining that the medications are not for the treatment of a Major Neurocognitive Disorder.

E. Dual Diagnosis: In all cases where there the treatment is for a dual purpose, the conservator must comply with Probate Code Section 2356.5.

(Adopted, effective July 1, 2004, former Rule 4.81(b); Amended, effective January 1, 2008; Amended, effective July 1, 2024) (Amended, effective July 1, 2025)

Rule 4.81.11. Visits to the Conservatee.

A conservator of the person shall visit the conservatee on a periodic basis, but no less often than once a month. The Public Guardian is exempted from this Rule and shall report annually to the Court on its policy and practice.

(Adopted, effective July 1, 2004)

Rule 4.81.12 Medical Consent Authority

All conservators of the person have the power to consent to medical treatment of the conservatee so long as the conservatee does not object. In emergencies, the conservator may give consent for medical treatment. Reference: Probate Code section 2354.

(Adopted, effective July 1, 2004, former Rule 4.81(e))

Rule 4.81.13 Exclusive Authority to Give Medical Consent.

A. If the conservatee has been adjudicated to lack the capacity to give informed consent for medical treatment pursuant to Probate Code §2355, the conservator may be granted the exclusive authority to give such consent and may give such consent over the objection of the conservatee. Exclusive authority to give consent for medical treatment can be requested at the time of the initial petition for conservatorship (GC-310) or at a later time by a separate petition (GC-380). Clear and convincing evidence must be shown that the conservatee lacks the capacity to give informed consent to any medical treatment. General mental confusion, disorientation, etc. will not alone support an order for exclusive medical authority. Such authority will be granted if the court finds that the conservatee lacks the capacity to give consent, and only if the following conditions are satisfied:

1) Court Investigator Report: It clearly appears from the court file that a Court
Investigator has advised the conservatee of the effect of granting such authority and of

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the conservatee’s rights in regard to such request.

2) Physician’s Decision: A physician’s declaration is filed stating a medical opinion
that the proposed conservatee lacks the capacity to give informed consent to any medical
treatment and that the proposed conservator should be granted the exclusive authority to
give such consent and to consent over the objection of the proposed conservatee. Such
declaration must state the factual basis for the opinion and the nature and extent of the
physician’s examination and investigation.

B. Conservatee Regains Capacity: If a conservatee regains sufficient capacity to give informed consent to any form of medical treatment, the conservator shall promptly petition, pursuant to Probate Code Section 1891, to revoke any previous order granting the conservator exclusive authority to consent to medical treatment on behalf of the conservatee.

(Adopted, effective July 1, 2004)

Rule 4.81.14. Inventory and Appraisement.

Reference: Probate Code, section 2610.

(Adopted, effective July 1, 2004)

Rule 4.81.15 Independent Powers – Sale of Real Property and of Conservatee’s Residence

A. The court may, on the petition of the conservator either at the time of appointment or later, grant additional powers to the conservator as authorized by the Probate Code sections 2590 and 2591. All requests for independent powers must allege sufficient facts to establish good cause, and must be tailored to the specific circumstances of each case.

B. Sale of Real Property. The Court will grant a power to sell real property under Probate Code section 2591 only where the power is made subject to court confirmation of any sale made by the conservator or by a specific order of court upon a showing of good cause.

C. Sale of Conservatee’s Residence. If a conservatee’s residence is being sold without the power to sell pursuant to Probate Code section 2591, the petition must comply with the requirements of Probate Code section 2540(b).

(Adopted, effective July 1, 2004, formerly Local Rules 4.81 (j) and (k); Amended, effective July 1, 2008)

Rule 4.81.16. Waivers of Account.

Waivers of Account will be accepted in the Court’s discretion only in the following instances:

A. The conservatee’s estate falls within the requirements of Probate Code section 2628. A written request in the form of the Request and Order of Waiver of account, Judicial Council form GC-410 along with an affidavit, stating that the estate does qualify for the waiver, must be submitted for every accounting period in which a waiver is sought.

B. When the proceeding is terminated by court order, and the conservatee thereafter waives an account.

C. When the proceeding is terminated by death of the conservatee and (a) there is no will and a written waiver is obtained from all of the conservatee’s heirs, or (b) there is a will and a

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written waiver is obtained from the executor or administrator and the beneficiaries under the will after the order admitting the will has become final. Waivers will be accepted only from heirs or beneficiaries who are competent adults.

(Adopted, effective July 1, 2004, formerly Rule 4.81(h)(2); Amended, effective July 1, 2006; Amended, effective July 1, 2026)

Rule 4.81.17 Accounts and Reports.

A. Accounting records that need to be provided to the court are set forth in Probate Code sections 2620, and 1061-1063. Schedules for Income and Disbursements shall be stated in chronological and also categorical format.

B. California Licensed Professional Fiduciaries or licensed guardians or conservators who are required to file original account statements with the court under Prob.C. § 2620(c)(3) shall “Lodge” those records with the court rather than filing them as permitted under this code section. These records will be returned to the submitting party when the court determines the guardian’s or conservator’s accounting is approved (or final).

C. Any person who is submitting records as required pursuant to Prob.C. § 2620 shall file an affidavit captioned “CONFIDENTIAL FINANCIAL STATEMENT” that describes the character of the documents attached to it as described in Prob.C. § 2620(c)(7) [confidential or personal information contained in the accounting records]. The submitting party must comply with the provisions of § 2620(c)(7).

D. Individuals who “Lodge” their records under this Rule shall:

(1) Physically attach a completed Receipt for Confidential Lodged Financial Statements (Form PR-27)

(2) Electronically lodge records

E. The Public Guardian is exempt from stating their Schedule for Income and Disbursements in chronological format by account and in a categorical format as required in paragraph “A” above.

(Adopted, effective July 1, 2004, formerly Rule 4.81(h)(1)]; Amended, effective January 1, 2008; Amended, effective July 1, 2009; Amended, effective January 1, 2019; Amended, effective July 1, 2024)

Rule 4.81.18 Confidential Status Report.

A. Unless waived by the Court, every conservator shall file a Confidential Status Report at the time of the court review, excluding the six (6)-month review, or upon the filing of an accounting. A local form “Confidential Status Report (PR-19)” may be submitted or, the conservator may submit a more detailed pleading as appropriate under the circumstances but it must include all the information required in Local Court Form PR-19. The report shall include conservatee’s:

1. Name/address/telephone/type of residence;

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2. Diagnosis;
3. Living arrangements & functional level (describe what assistance is provided);
length of stay at residence; describe the facility, what services it offers and the
medical monitoring; intent to continue placement or make a change; any
hospitalizations;
4. State current value, average monthly income, average monthly expenses, explaining
any unusual receipts, expenses or “internal accounting adjustments” not otherwise
delineated in the account, and the amount of the bond required to cover all assets,
less real property, and estimated income for one year. State if there is a
trust/special needs trust, name of trustee, and fair market value of the trust. Provide
income information for conservatees receiving public benefits and name of
Representative Payee.
5. Current issues - conservator’s personal observations and compliance with court
orders;
6. Description of all sales, purchases, changes in form of assets, explanation of
unusual items, statement of all compensation paid from assets subject to the
account, family affiliation, cash invested; and
7. Dates of visits to conservatee.

B. The Public Guardian is exempt from the use of the “Confidential Status Report” form that is required in paragraph “A” above. However, all of the information required in the report must be included if another format is used.

(Adopted, effective July 1, 2004, formerly Local Rules 4.81(h) and (i); Amended, effective July 1, 2006; Amended, effective July 1, 2009; Amended, effective January 1, 2019)

Rule 4.81.19 Disclosure of Fees for Private Professional Conservators

At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the professional conservator’s hourly rate to the petition for appointment of conservator.

(Adopted, effective July 1, 2004; Amended, effective July 1, 2009)

Rule 4.81.20 Death of Conservatee

Upon the death of a conservatee:

(a) The conservator shall file a Notice of Death of Conservatee with a certified copy of the death certificate attached within 60 days.

(b) For conservator of the person only, no further request for discharge is required. Probate Code section 1860.

(c) For conservator of the estate, a final account shall be filed within 60 days from the date of death and shall be approved by the court before the conservator will be discharged, unless otherwise waived by the court. The Public Guardian is exempt from the 60-day requirement. The Public Guardian shall, within 120 days from the date of death of the conservatee, file either (1) a final account or (2) a status report showing the condition of the conservatorship estate, the reasons why the final account cannot be filed with 120 days, and an estimate of the time needed to file the final account.

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(d) Notice of the hearing on the settlement of the final account be given to the personal representative of the probate estate, if one has been appointed, is named in the conservatee’s will, or if none, to any legatee and to the heirs of the conservatee so far as is known to the conservator.

(Adopted, effective July 1, 2004, formerly Rule 4.81(l); Amended, effective January 1, 2019; Amended, effective July 1, 2019) Rule 4.81.21 Time for Allowing Compensation The time for allowing compensation is governed by Probate Code Sections 2640-2642. Petitions for periodic payment must comply with Probate Code section 2643 and California Rule of Court, Rule 7.755.

Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended, effective July 1, 2004, formerly Rule 4.86).

Rule 4.81.22 Obtaining Final Discharge. Discharge of the conservator will not be made in the order settling final account. A separate declaration for final discharge must be submitted, together with the receipts executed by all persons receiving conservatee’s property thereunder and a copy of the order settling the final account and ordering delivery of the assets.

(Adopted, effective July 1, 2004, formerly Rule 4.81(m))

Rule 4.82 Substituted Judgment

Prior Court approval is required for any action specified in Probate Code Section 2580, et seq. such as the making of a gift or gifts or the establishment of a trust or trusts.

A. Petition: A clear factual showing as required by Probate Code Section 2583 shall be included in each petition submitted.

B. Notice: Notice shall be given under Probate Code Section 2581 except in those cases in which there has been a prior Court order dispensing with notice to some person or persons.

C. Appointment of Independent Counsel: Prior to the hearing on any petition for substituted judgment pursuant to Probate Code Section 2500 et seq., unless waived by the court, independent counsel for the conservatee shall be appointed by the court through the Court Investigator’s Office. Independent Counsel shall report to the Court regarding the efficacy and propriety of the proposed action.

D. Bond and Accountings: A trust created pursuant to this rule shall include the following, unless exempted by order of the court for good cause show:

(1) During the period of the conservatorship, any trust created pursuant to this section shall state that the trustee and the trust shall be subject to court supervision. The continuing jurisdiction of the court shall be reflected in the order for substituted judgment.

(2) Accountings shall be subject to court approval and are required to be filed concurrently with conservatorship reviews and,

(3) A reasonable bond shall be required of the trustee, unless otherwise waived by the court.

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(4) No fees shall be paid to the trustee or attorneys without prior court approval.

(5) Upon termination of the conservatorship, the trust may be released from court supervision upon order of the court.

F. Confidential Filings: Petitioner may requests that estate planning documents be filed as confidential documents. The request may be made on an ex parte basis.

G. Filing Procedures: All filings must consist of an original and two(2) copes. Signatures must be in blue ink. The clerk will retain the original and one(1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be “endorsed filed” and will be returned to the filing party for his/her records.

G. See Local Rules of Court, Rule 4.94

(Adopted, effective July 1, 1996; Amended, effective January 1, 2000; Amended, effective July 1, 2004; Amended, effective July 1, 2009)

CHAPTER 13. COMMISSIONS AND FEES

Rule 4.83 Statutory Compensation in Decedent's Estates

A. Calculation must be shown: All petitions requesting payment of statutory compensation -

• even if accompanied by a waiver of accounting -- must show the calculation of the compensation requested.

B. Basis for computing statutory commission and fees on Waiver of Accounting: As an alternative to basing statutory commissions and fees on the inventory values alone, where the petition for final distribution so requests, the Court will allow such commissions and fees to be based on the inventory values plus income, plus gains on sales, less losses on sales, provided these figures are set forth clearly and succinctly in the verified petition.

(Adopted, effective July 1, 1996)

Rule 4.84 Compensation for Extraordinary Services in Decedents' Estates

A. The following factors will guide the attorney and the court in determining whether and in what amount extraordinary attorneys' fees will be awarded:

(1) The nature of and unusual time required for the tasks performed.
(2) Results obtained.
(3) Benefits accruing to the estate and to beneficiaries.
(4) Nature of services performed by personal representatives.

B. Requests for extraordinary attorneys' fees must contain detailed and itemized descriptions of the work performed, the hours spent on the work performed, the average hourly rate requested, the total amount requested, special circumstances related to the request and specifics as to what benefit was conferred upon the estate as a result of the extraordinary services rendered.

C. Extraordinary fees may be awarded for extraordinary services, including but not limited to the following:

(1) Sales, leases, exchanges, financing or foreclosure of real or personal property.

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(2) Contested or litigated claims against the estate.
(3) Preparation of income, sales, withholding, gift or estate tax returns and handling of
audits or litigation connected with tax liabilities.
(4) Litigation connected with estate assets.
(5) Carrying on the decedents' business.
(6) Will contest.

(Adopted, effective July 1, 1996)

Rule 4.85 Compensation for Conservators and Their Attorneys

A Conservator or Attorney assigned on a case to perform any services associated with the administration of the estate shall be compensated for services rendered as set forth below and subject to the following criteria:

A. Fees for Conservators and Attorneys. Conservators and their attorney’s fees may be requested at the time of the accounting, and shall be calculated according to the work actually performed. Fee requests must be supported by a declaration of services performed, time expended, average hourly rate, results accomplished and benefit to the entity. California Rules of Court, Rules 7.751, 7.752, 7.753, and 7.754.

B. Fees for Public Guardian and County Counsel.

(1) Public Guardian Fees: Fees per accounting period for Public Guardian shall be
based on the following:

(a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500,
whichever is greater. Fees may be increased or decreased at the discretion of the
court.

(b) For cases requiring extraordinary services, the Public Guardian Conservator
may submit itemized billings with the accounts, in declaration form, for fees in
excess of the percentile amounts.

(2) County Counsel Fees: Fees per accounting period for County Counsel shall be
based on the following:

(a) Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500,
whichever is greater. Fees may be increased or decreased at the discretion of the
court.

(b) For cases requiring extraordinary legal services, County Counsel may submit
itemized billings with the accounts, in declaration form, for fees in excess of the
percentile amounts.

C. The fees set out in paragraphs 1 and 2 (a) and (b) above are guidelines only and may be increased or decreased at the discretion of the Court.

D. Additional Fees:

(1) Public Guardian Case Initiation Fee of $250.00 payable upon permanent assignment of case to a Public Guardian.

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(2) A $1,000.00 fee, per property sold, is assessed by the Public Guardian for facilitating in the sale of real property.

(3) A fee equal to $75.00 per hour or 25% of the value of the financial instrument involved, whichever is less, will be assessed for each financial instrument sold or registered.

(4) A fee of $75.00 per hour will be assessed for assisting in the initial placement of a Dementia Conservatee client.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended effective July 1, 2004; Amended effective July 1, 2008)

Rule 4.86 Time for Allowing Compensation

(Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Renumbered, effective July 1, 2004, see new Rule 4.81.21)

Rule 4.87 Procedure

(Adopted, effective July 1, 1996; REPEALED, effective July 1, 2004)

Rule 4.88 Court Investigation Assessments.

A. Unless deferred or waived by the Court, all guardianships and conservatorships shall be assessed a fee pursuant to Probate Code §§1513.1 and 1851.5 as stated in the Court’s Fee Schedule that is available in the Court Clerk’s Office public counter or on the Court’s website at www.sanmateo.courts.ca.gov.

B. Conservatorships and guardianships will be assessed a fee of $500.00 for all conservatorship investigations performed by the Aging and Adult Services (AAS), whether or not the case is ultimately assigned to the Public Guardian, unless the fee is deferred or waived by the Court.

(Adopted, effective July 1, 1996; Amended, effective July 1, 2003; Amended effective July 1, 2004; Amended, effective July 1, 2024)

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Superior Court of California, County of San Mateo

APPENDIX A TO CHAPTER 13

Rules for Determining Commissions on Sale of Real Property

CHART OF BROKERS' COMMISSIONS

(Real Property Sales - Probate Code Section 10162-10165)

ABBREVIATIONS

B#1 = the broker with an exclusive listing agreement with personal representative

B#2 = the broker who represents the original bidder whose bid is returned to Court

B#3 = the broker who represents the successful over bidder in Court

OB = the original bidder whose bid is returned to Court

SOB = the successful over bidder in Court (no editorial comment intended by the
abbreviation)

NO EXCLUSIVE LISTING AGREEMENT
(i.e., there is no B#1)

A. OB is represented by B#2
OB gets the property
therefore,
Entire commission goes to B#2, based on the confirmed amount (Section 10162.3)

B. OB has no broker
SOB is represented by B#3
SOB gets the property
therefore,
B#3 gets the entire commission, based on the confirmed amount (but subject to the
Section 10162 limitation that the commission cannot exceed 50% of the difference
between the original bid and the successful bid) [Section 10163]

C. OB is represented by B#2
SOB has no broker
SOB gets the property
therefore,

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Superior Court of California, County of San Mateo

B#2 gets the entire commission, based on the original bid, [Section 10164(a) & (b)]

THERE IS AN EXCLUSIVE LISTING AGREEMENT (WITH B#1)

D. OB is represented by B#2 SOB has no broker SOB gets the property therefore, B#1 and B#2 split the entire commission based on the original bid as follows:

a. Pursuant to agreement, if there is one; or b. 50-50, if there is no agreement. Section 10164(c)

E. OB is represented by B#1 (i.e., B#1 is B#2) SOB is represented by B#3 SOB gets the property therefore,

B#3 gets: 50% of commission based on original bid, plus 100% of commission on difference between original and successful bids B#1 gets: 50% of commission based on original bid Section 10165(c)(1)

F. OB is represented by B#2 (B#1 is not B#2) SOB is represented by B#3 SOB gets the property therefore, B#3 gets: 50% of commission based on original bid, plus 100% of commission on difference between original and successful bids B#1 and B#2 split 50% of commission based on original bid as follows: a. Pursuant to agreement, if there is one; or b. 50-50, if there is no agreement (Section 10165)

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Superior Court of California, County of San Mateo

CHAPTER 14 TRANSACTIONS INVOLVING INCOMPETENT SPOUSE

Rule 4.89 Prior Court Approval Is Required For Any Action Specified In Probate Code Section 3100, Et Seq.

A. Petition: A clear factual showing of the information set forth in Sections 3121, 3122 and 3123 shall be included in each petition submitted.

B. Notice: Notice shall be given as required by Sections 3130 and 3131.

C. Appointment of Independent Counsel: Prior to the hearing on any petition for Court approval of a transaction involving an incompetent spouse, pursuant to Probate Code section 3100 et seq. independent counsel for the conservatee shall be appointed by the Court pursuant to Local Court Rule, Rule 4.100. Appointment of independent counsel shall be initiated by the petitioner(s) and shall be arranged through the Court Investigations Office of the Probate Division. Independent Counsel shall report to the court regarding the efficacy and propriety of the proposed transaction.

D. Bond: Upon the granting of a petition approving a transaction involving an incompetent spouse, reasonable bond shall be required of the petitioner pursuant to Section 3150.

E. Filing Procedures: All filings must consist of an original and two (2) copes. Signatures must be in blue ink. The clerk will retain the original and one (1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be “endorsed filed” and will be returned to the filing party for his/her records.

(Adopted, effective January 1, 2000; Amended, Effective July 1, 2004; Amended, effective July 1, 2009)

CHAPTER 15 TRUSTS

Rule 4.90 Trustee’s Accounts

A. General. Accounts for intervivos trusts must be filed as a new proceeding even if the trust receives distribution from a decedent’s estate following probate of a pour-over will.

B. Contents and Format. Refer to Local Rule 4.48 above.

(Adopted, effective July 1, 2004)

Rule 4.91. Notice to Beneficiaries

Notices shall be provided as set forth in Probate Code sections 15802 and 15804 and California Rules of Court, Rules 7.50 through 7.55 and 7.902).

(Adopted, effective July 1, 2004)

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Superior Court of California, County of San Mateo

Rule 4.92 Compensation of Trustees and Attorneys for Trustees

A. Criteria. In determining or approving compensation of a trustee and the attorney for the trustee, the court may consider the following additional factors in addition to the factors specified in California Rules of Court, , Rule 7.756:

1. Whether the trustee has delegated work to others (such as investment advisors,
property managers, attorneys, etc.)

2. If the trustee is a corporate trustee, the published rates for its usual services; and if
the trustee is a private professional fiduciary, the usual hourly rates charged by such
fiduciary.

3. Whether the trust assets being administered are passive or require active
management.

4. Whether the duties of the trustee in administering the trust are similar to those of a
personal representative of a probate estate.

B. The time for allowing compensation is governed by Probate Code Sections 15680-15688. Petitions for periodic payment must comply with Probate Code section 2643 and California Rules of Court, Rule 7.756.

(Adopted, effective July 1, 2004)

Rule 4.93 Trusts Established Before Distribution of Probate Estate.

A. If a trustee named in a decedent’s will is designated as beneficiary of a life insurance policy, or of employment or other benefits, the trustee may be appointed before the decree of distribution is made, upon the filing of a petition. If no trustee named in the will is able or willing to serve, a trustee not named in the will may be appointed. Notice shall be given to the beneficiaries and the personal representative, if not the petitioner, at least 30 days prior to the hearing. B. The order appointing the trustee must contain all the terms of the trust and the trustee must have all the powers and duties in respect to the trust estate set forth in the order. All other terms of the trust not required can be incorporated by attaching a copy of the trust to the order. Reference California Rules of Court, Rule 7.650.

(Adopted, effective July 1, 2004)

Rule 4.94. Trusts Created Pursuant to Court Order.

A. Any trust that is created by court order (including trusts created under the “substituted judgment” provisions of Probate Code section 2580 et. seq. and trusts created under the provisions of Probate Code section 3100 et. seq. relating to particular transactions for disabled spouses, and Section 3600 et seq. relating to the compromise of claims of minors and incompetent adults), shall, unless otherwise ordered by the court upon good cause shown, contain provisions providing for protection of the trust assets against misuse and for continuing supervision by the Court. Division IV - 453 - Revised 7/1/2026

Superior Court of California, County of San Mateo

B. A special needs trust created by order of the court for the benefit of an incompetent person will ordinarily be required to contain the following provisions:

1. Provisions for appointment of a successor trustee on approval of the court.

2. Requirement that all trustees except corporate trustees post a bond in the amount
required by Probate Code Section 2320.

3. Requirement of an accounting to the beneficiary, and to the Probate Court if
required by the Court, consistent with Probate Code Sections 1060 et. seq.

4. A payback provision, if applicable, must be inserted as required by 42 USC
1396(d)(4)(a) for repaying of benefits paid by Medi-Cal or any other Medicaid agency.

5. Notice requirements on termination of the trust or death of beneficiary, and for any
additions to the trust.

6. Dispositive provisions for distribution to residual beneficiaries after any payback
required by 42 USC 1396 (d) (4)(2) has been made.

A court order creating a special needs trust under Section 3602 or 3611 shall include a
provision that all statutory liens in favor of the State Department of Health Services, the
State Department of Mental Health, the State Department of Developmental Services and
any county or city and county in this state shall first be satisfied prior to transferring
funds to the special needs trust.

C. A trust created for a conservatee under Probate Code Section 2580 will ordinarily be required to include the following provisions:

1. Provisions for appointment of a successor trustee on approval of the court.

2. Requirement that all trustees except corporate trustees post a bond in the amount
required by Probate Code Section 2320.
3. Requirement that the trustee shall file reports and accounts to be reviewed in
conjunction with the review of the conservatorship.

4. Prior court approval shall be required for his or her acts, where such approval would
be required if the Trustee were administering the estate as a conservator.

Refer to Local Rules of Court, Rule 4.82 above.

(Adopted, effective July 1, 2004)

Rule 4.95 Fees for Public Guardian and County Counsel.

A. Public Guardian Fees: Fees per accounting period for Public Guardian shall be based on the following:

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Superior Court of California, County of San Mateo

1. Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500,
whichever is greater.

2. For cases requiring extraordinary services, the Public Guardian Conservator may
submit itemized billings with the accounts, in declaration form, for fees in excess of the
percentile amounts.

B. County Counsel Fees: Fees per accounting period for County Counsel shall be based on the following: 1. Percentile: 1.5% (.015) of fair market value of the estate on hand or $1500, whichever is greater.

2. For cases requiring extraordinary legal services, County Counsel may submit
itemized billings with the accounts, in declaration form, for fees in excess of the
percentile amounts.

C. The fees set out in paragraphs A and B above are guidelines only and may be increased or decreased at the discretion of the Court.

D. Additional Fees: 1. Public Guardian Case Initiation Fee of $250.00 payable upon permanent assignment of case to a Public Guardian.

2. A $1000.00 fee, per property sold, is assessed by the Public Guardian for facilitating in the sale of real property.

3. A fee equal to $75.00 per hour or 25% of the value of the financial instrument involved, whichever is less, will be assessed for each financial instrument sold or registered.

4. A fee of $75.00 per hour will be assessed for assisting in the initial placement of a Dementia Conservatee client.

(Adopted, effective July 1, 2004)

COURT RULES 4.96 TO 4.99 IS RESERVED

Rule 4.100 Independent Counsel

A. Appointment. Independent Counsel will be appointed by the Court in the matters specified in the Probate Code. In addition, it is the Court’s policy to appoint Independent Counsel in the following matters:

1. Petitions under Probate Code Section 3101 (Proceeding to Authorize Transaction
Involving Incompetent Spouse);

2. Petitions under Probate Code Section 2580 et seq. (Substituted Judgment);

3. When the probate investigations department has recommended the appointment of

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Superior Court of California, County of San Mateo

Independent Counsel, or the Court otherwise determines that appointment is necessary or would be helpful for resolution of the matter at issue.

B. Scope of the representation shall be as set forth in the order appointing Independent Counsel or as subsequently modified by the Court.

C. Payment of Fees. If Independent Counsel is appointed, the fees incurred must be paid as ordered by the Court, even if the matter for which the appointment was made is dismissed, withdrawn or terminated.

D. Term of Service. Independent Counsel shall serve until discharged by order of the Court. Independent Counsel may request fees and discharge at the time of filing the Report of Independent Counsel (where representation will not be ongoing), in a separate petition after conclusion of the matter for which representation was required, or (in ongoing matters) from time to time as deemed reasonable by the Court, although in such cases the Court prefers to hear the petition for fees at the time of an accounting.

E. Court Policies and Procedures. Additional matters concerning the panel of Independent Counsel, including panel membership, appointment to the panel, and the rotation of appointments, are set forth in a separate set of Court Policies and Procedures developed and maintained by the Court.

F. Reports by the Independent Counsel to the Court must be filed with the Court at least ten (10) court days prior to the hearing.

(Adopted, effective July 1, 2004; Amended, effective January 1, 2026)

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Superior Court of California, County of San Mateo Return to Table of Contents DIVISION V FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

Rule 5.1 Applicability of Rules ................................................................................. 500

Rule 5.2 Court Locations ........................................................................................ 500

Rule 5.3 Matters Heard in Family Law Department .................................................. 500

Rule 5.4 Case Flow Management ................................................................................ 501

Rule 5.4.1 Informal Discovery Conferences in Family Law Proceedings ........................ 502 Rule 5.5 Alternative Dispute Resolution ................................................................... 504 Rule 5.6 Ex Parte Orders ........................................................................................ 505

Rule 5.6.1 Ex Parte Orders (except Requests for Emergency Orders under CRC, 5.151 et seq., please see Rule 5.6.1) ................................................... 507 Rule 5.7 Order to Show Cause, Notice of Motion, and Request for Order Rules............................ ..................................................... 507 Rule 5.7.1 REPEALED Tentative Rulings for Requests for Orders, Orders to Show Cause, and Notices of Motion .................................................................................. 510 Rule 5.8 AMENDED Trial Setting, Status Conference, and Mandatory Settlement Conference Rules ..................................................... 510

Rule 5.9 Judgment by Default or Uncontested Hearing ............................................. 516 Rule 5.10 Preparation of Orders After Hearing and Judgments .................................... 517 Rule 5.11 Declarations of Disclosure and Financial Information to be Provided .......... 517 Rule 5.12 Department of Child Support Services ......................................................... 519 Rule 5.13 Family Court Services.................................................................................................... 520 Rule 5.14 Appointment of Counsel for Child.................................................................. ............... 523 Rule 5.14.1 Complaint Procedure for Court Appointed Counsel ..................................... 524

Rule 5.15 Family Law Facilitator’s Duties .................................................................. 525 Rule 5.16 Coordination of Court Proceedings and Sharing of Case Information Involving Minors ........................................................................................ 526 A. Coordination and Determination of Forum ......................................... 526 B. Confidentiality of Minor’s Information .............................................. 526 Rule 5.16.1 Information Sharing Protocol Between And Among the Court and Department Of Children & Family Court Services (DCFS), Family Court Services (FC), Probate Court Investigators (PCI), Family Law Facilitator (FLF), District Attorney’s Violent Crime Unit (VC), And Juvenile Probation Officers (JPO) Staff. ............................. 526 Rule 5.16.2 Juvenile Dependency Action Causing Suspension of Related Proceedings .................................................................................... 527 Rule 5.16.3 Juvenile Court Modification of Related Non-Juvenile Court Orders ............ 527 Rule 5.16.4 Juvenile Court Exit Orders .......................................................................... 528 Rule 5.16.5 Family Court Modification of Juvenile Court Orders ................................... 528 Rule 5.16.6 Use of Confidential Juvenile Case Files or Child Welfare Agency Records in Family Court Matters .................................................................................... 528

Rule 5.17 Court Ordered Supervised Visitation ............................................................ 528

Appendix 1, Mandatory Settlement Conference Statement format (FL-22) Appendix 2, Long Cause Trial Rules Checklist (FL-23)

Division V – Table of Contents i Revised 7/1/2025

Superior Court of California, County of San Mateo Return to Table of Contents DIVISION V FAMILY LAW DEPARTMENT AND FAMILY COURT SERVICES

Rule 5.1 Applicability of Rules

Family law proceedings are governed by the California Rules of Court as supplemented by these

local rules of the San Mateo County Superior Court. These rules are intended to provide uniformity of practice and procedure among all departments involved in family law matters. These Rules shall at all times be supplementary and shall be construed and applied so they do not conflict with the California Rules of Court, and any rules adopted by the Judicial Council, and relevant case and statutory law.

Attorneys and self-represented litigants (also known as pro pers) shall comply with all applicable

statutes in addition to these local family law rules and the California Rules of Court. Where these rules refer to Superior Court forms, the equivalent Judicial Council forms shall also be accepted.

Self-represented litigants shall be treated in the same manner as if represented by counsel and shall

be held to the same standards. All references to counsel in these rules apply equally to self-represented litigants.

Failure to comply with local rules may result in sanctions under the Superior Court of California, County of San Mateo Local Court Rule 0.2

(Adopted, effective January 1, 2000)(Amended, effective January 1, 2004)(Amended, effective July 1, 2023)

Rule 5.2 Court Locations

The Family Law Department is located at the Court’s Southern Division at the Hall of Justice and

Records, 400 County Center, Redwood City, California. All Family Law proceedings shall be filed at and shall be heard at the Southern Division in Redwood City, California, unless otherwise order by the Presiding Judge or a designated Supervising Judge pursuant to Local Rule 6.9.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2004; effective January 1, 2013)

Rule 5.3 Matters Heard in Family Law Department

Matters to be heard in the Family Law Department shall include:

A. All requests for orders and other family law matters preliminary to trial, all defaults under the Family Code; and all required settlement conferences and trials;

B. All requests for orders and orders to show cause relating to enforcement or modifications of family law orders or judgments;

C. All requests for orders relating to child custody, support, visitation, or attorney’s fees and costs under the Uniform Parentage Act (Family Code §7600 et. seq.) And the Uniform Child Custody Jurisdiction Act (Family code §3400 et. seq.);

D. All proceedings under the Revised Uniform Reciprocal Enforcement of Support Act (Family Code §4800 et. Seq.);

E. All applications for restraining orders enjoining domestic violence under the Family Law Act, the Uniform Parentage Act, and the Domestic Violence Prevention Act (Family Code §6800 et. Seq.);

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Superior Court of California, County of San Mateo

F. All family law discovery matters;

G. All applications for issuance of writs of execution and habeas corpus, or warrants in lieu thereof, in family law cases;

H. All requests for orders for change of venue in family law cases;

I. All stipulations by the parties for appointment of a referee, private judge, or Special Master pursuant to CCP §638, or alternative dispute resolution, or any request by a party for the court to order a referee or Special Master pursuant to CCP §639.

(Adopted, effective January 1, 2000)(Amended, effective July 1, 2023)

Rule 5.4 Case Flow Management

A. Case Assignment: Commencing January 1, 2004 the Family Law Department will operate under a Direct Calendar system. Cases shall be randomly assigned to a Family Law Department. For matters filed prior to the commencement date, the Court in its sole discretion will randomly assign a case to a department upon the filing of the first pleading requiring a hearing, conference, or trial.

1. Exceptions: Cases required to be heard by a Title IV-D commissioner pursuant to Family Code §4251 shall not be subject to random assignment.

2. Applications for restraining orders pursuant to Family Code §6200 et seq. shall be reviewed by various departments and assigned to a judicial officer hearing the Domestic Violence Prevention Act calendar unless there is a pending family law action. If an application for a restraining order arises in a pending case, the matter shall be reviewed by the previously assigned department and heard on the appropriate calendar for that department.

B. Assignment for all purposes: The assigned department shall handle all proceedings in the case, including but not limited to, orders to show cause, ex parte applications, request for orders, law and motion, status, and settlement conferences, and trial. Post-judgment motions for enforcement and/or modification should also be heard in the initial department whenever possible. If the assigned department is disqualified, recuses itself, or there is a change in assignments, the case shall be re-assigned to another Family Law Department. Nothing herein shall be construed to interfere with the power of the supervising family law judge to assign or reassign cases pursuant to California Rules of Court.

C. Notice of Assignment: The clerk of the Court shall provide a Notice of Assignment to the petitioner in a new case filed after January 1, 2004, and to the moving party in a pending case filed prior to the commencement date upon filing of the first pleading requiring a hearing, conference, or trial. The petitioner/moving party must have the respondent/opposing party served with a copy of the Notice of Assignment. A proof of service shall be filed with the Court. The Clerk will place a copy of the Notice of Assignment in the Court file.

D. Challenges to the Assigned Department: Disqualification of a department is controlled by the “all purpose” provisions of Code of Civil Procedure §170.6 and as such a challenge is considered timely to the judicial officer to whom the case has been assigned if the challenge is exercised by the Petitioner or moving party within ten days of the filing of the Petition for cases filed after the commencement date, and within ten (10) days of the filing of the first pleading requiring a hearing, conference or trial for cases filed prior to the commencement date. The responding party has ten (10) days after service of the Notice of Assignment to assert a challenge under Code of Civil Procedure §170.6.

E. Cases Assigned to Commissioners:

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Superior Court of California, County of San Mateo

1. Except as provided in Code of Civil Procedure § 259, subdivisions (a), (b), (c), (e), (f), and (g),
parties are required to stipulate to a commissioner hearing a matter acting as a temporary judge
pursuant to California Constitution, Article VI §§ 21 and 22 and Code of Civil Procedure § 259(d).

2. When a case is assigned to a commissioner, Local Form AD-10, Stipulation for Court
Commissioner to Act as Temporary Judge for All Purposes is available to the parties and shall be
filed before the first hearing. The refusal of a party to stipulate to a commissioner will result in the
reassignment of the case to a judge and the hearing may be continued to another date.

3. Child Support Commissioner: In cases where a party refuses to stipulate to a commissioner
hearing a Title IV-D governmental child support case, the commissioner will proceed to make
findings of fact and a recommended order subject to ratification by a judge pursuant to Family Code
§ 4251 (c).

4. In order to avoid the undue consumption of judicial resources and to minimize inconvenience
to the litigants, parties are strongly advised to file with the court and serve on all parties either a
Stipulation for Court Commissioner to Act as Temporary Judge for All Purposes (Local Form AD-
10) or a written objection to the assignment of a commissioner acting as a temporary judge, at least
five court days before the first scheduled hearing.

F. Consolidated Cases

If the court consolidates a case, the case of broader jurisdiction, or the lower family law case number,

(if the cases are of equal jurisdiction) shall be designated as the lead case and originals of all papers thereafter filed shall be placed in the lead case file (California Rules of Court, Rule 3.350). Any hearing date in any case other than the lead case shall be vacated and reset, and all future hearing dates will be noticed under the lead case number.

(Adopted, effective January 1, 2000) (Amended, effective January 1, 2003) (Amended, effective January 1, 2004) (Amended,, effective January 1, 2005) (Amended, effective January 1, 2007)(Amended, effective January 1, 2009) (Amended, effective July 1, 2012)(Amended, effective January 1, 2017)

Rule 5.4.1 Informal Discovery Conferences in Family Law Proceedings

(a) Informal Discovery Conference. In all family law proceedings as defined by CRC Rule 5.2(b)(3), parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion. Counsel must have exhausted all meet and confer obligations before the Informal Discovery Conference.

(b) Permissive Informal Discovery Conference with Third Parties. Informal Discovery Conferences are permitted for discovery disputes with non-parties as well, pursuant to the same procedures described below.

(c) Conducted by Family Law Commissioner. Informal Discovery Conferences will be scheduled with and conducted by the Family Law Commissioner. As an Informal Discovery Conference does not involve the adjudication of any issue of disputed law or fact by the Family Law Commissioner, Code of Civil Procedure Section 170.6 does not apply. The outcome of an Informal Discovery Conference does not bar a party from subsequently filing a discovery motion or prejudice the disposition of a discovery motion.

(d) Remote Only. Informal Discovery Conferences in family law cases are conducted remote only by Zoom, and are not recorded by any party and are not reported by any court reporter. Division V - Rules - 502 - Revised 1/1/2026

Superior Court of California, County of San Mateo

(e) Request for Informal Discovery Conference. (i) To request an Informal Discovery Conference, counsel must contact the Department of the Family Law Commissioner by email which email must be contemporaneously copied to counsel for all parties to the action and any self-represented parties. Prior to making a request with the department, counsel shall obtain the consent of opposing counsel in writing to engage in an Informal Discovery Conference. Any party requesting an Informal Discovery Conference shall identify the case name and number, the name of the party requesting the Informal Discovery Conference, the date and time reserved by that party for the Informal Discovery Conference, and the estimated length of the IDC session. (ii) To reserve a date and time for the Informal Discovery Conference, the requesting party shall consult Family Law Direct Calendar of the Family Law Commissioner on the Court’s website at www.sanmateo.courts.ca.gov, and request in the email (under subsection (e)(i) above) an IDC session for a date that is, at least, ten calendar days, but no later than 29 calendar days, from the date of the request for Informal Discovery Conference.

(f) Tolling of Deadline to File Motion. By agreeing to engage in an Informal Discovery Conference, parties agree that the time for bringing any motion to compel or other discovery motion is tolled, starting on the date a party makes the email request for an Informal Discovery Conference to the Court. All requests for Informal Discovery Conference must be made well prior to the expiration of the statutory time to bring a motion to compel or other discovery motions. Tolling shall be automatically lifted upon completion of the Informal Discovery Conference; and the time in which to bring a discovery motion shall continue to run thereafter, unless otherwise agreed by the parties in writing, or unless otherwise agreed by the parties at the Informal Discovery Conference and placed in the Court’s Minutes including an affirmative waiver of the statutory requirement that it be in writing.

(g) Email Correspondence Detailing Discovery Dispute. (i) Within five (5) calendar days of the initial email request to the Court for an Informal Discovery Request, the disputing parties shall, jointly or separately, email correspondence to the department email address for the Family Law Commissioner, and contemporaneously to all parties, an electronic letter of no more than five (5) pages, without attachments, summarizing the discovery dispute(s). It shall include on the first line (i) the case name and number, (ii) the date and time reserved by the parties for the Informal Discovery Conference, and (iii) the estimated length of the IDC session. (ii) Failure to timely provide the Court with email correspondence summarizing the discovery dispute(s) may, and likely will, result in the Informal Discovery Conference being vacated/cancelled, and tolling of the time to file and serve any discovery motion will cease.

(h) Statutory Declaration Waived. The Court waives the statutory requirement for the parties involved in the discovery dispute to file “meet and confer” declarations pursuant to Code of Civil Procedure Sections 2016.040 or 2016.080(b) prior to the Informal Discovery Conference. The dispute will be addressed by the e-correspondence method/procedure set forth above; and the parties are requested not to file any such declarations unless and until the Informal Discovery Conference is unsuccessful and a formal discovery motion is subsequently filed.

(i) Email Requirements.

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Superior Court of California, County of San Mateo

(i) All communications to the department email address for the Family Law Commissioner

must include in the header “subject line” the Case Number and Name of Case (e.g., 19FAM06543 Smith v. Jones). (ii) All correspondence regarding any Informal Discovery Conference, such as IDC letter briefs, requests to take matters off calendar, and requests for rescheduling, shall be submitted electronically, rather than paper, to the department email address for the Family Law Commissioner. All electronic correspondence must be sent in at least 12-point type. The email address is for the sending and receiving of correspondence, and is not a venue for back-and-forth communications with the Family Law Commissioner. (iii) Communications to the department’s email address are not part of the official court files; and will be retained for at least 90 days and then be subject to deletion (destruction) thereafter.

(j) Authorization of Family Law Commissioner. (i) Good cause appearing, the Family Law Commissioner may, and is authorized to, continue the Informal Discovery Conference, or schedule further proceedings on the same discovery disputes via Informal Discovery Conference. The Family Law Commissioner shall enter minutes in the family law case docket indicating that an Informal Discovery Conference was held, the date held, the counsel and parties attending, and whether or not all discovery disputes were resolved. (ii) If a party to a discovery dispute is notified of the Informal Discovery Conference and fails to appear, the Family Law Commissioner may, and is authorized to, reschedule or cancel the Informal Discovery Conference, or issue an Order to Show Cause Re: Sanctions for failure to appear.

(k) Motion if Unresolved Discovery Disputes. If any discovery dispute is not resolved following the Informal Discovery Conference, any party may proceed to file and calendar hearing on a motion to compel or other discovery motion in the department of the Family Law Judge assigned to that case

(Adopted, effective July 1, 2023)

Rule 5.5 Alternative Dispute Resolution

A. ADR Policy: California Rules of Court and the Family Law Act strongly encourage alternative dispute resolution (ADR) of family matters. The Family Law Department recognizes that formal litigation of legal claims and disputes is expensive and time consuming. The goals of this Court are: to reduce hostilities between the parties; facilitate the early resolution of issues; and provide parties with an opportunity to maximize their satisfaction with the resolution of their case. It is therefore the policy of this Court to promote and encourage the parties to settle their disputes by the use of appropriate dispute resolution options which include mediation, arbitration, collaborative law, court supervised settlement conferences and/or judicial case management.

B. Requirements for filing and service of the Notice of ADR Options In Family Law Actions: Each party to a family law action shall be informed of the alternatives to litigation to resolve their disputed issues. Notice shall be in the form of an information sheet entitled “Notice of ADR Options” (hereinafter “Notice”) (see Local Court form FL-02). All parties and counsel shall file and have the Notice served on the other party with any Petition or Response under the Family Law Act or Uniform Parentage Act, Request for Order, Responsive Declaration to Request for Order, or other family law pleading which will result in a court hearing or trial, unless a Notice has previously been filed within the past 180 days. A Proof of Service shall be filed with the Court. Division V - Rules - 504 - Revised 1/1/2026

Superior Court of California, County of San Mateo

(1) Exceptions: This rule shall not apply to domestic violence cases filed under Family Code 6200
et seq., nor to Title IV-D child support actions involving the Department of Child Support pursuant
to Family Code §§17400 and 17406 and/or those actions filed by the local child support agency
pursuant to Family Code §4900 et seq. This rule shall not apply to Motions to Withdraw or to matters
pending before a private judge. The Notice shall not be served on an employee pension benefit plan.

C. Except for temporary emergency court orders or an initial Request for Order filed with a Petition, no hearing or trial date shall be set by the Clerk of the Court until the moving party has complied with filing and service of the Notice as set forth in this Rule.

D. The Court’s ADR program shall maintain a list of attorneys who possess the qualifications related to this Rule.

E. The Court has existing procedures in adherence to California Rules of Court, Rule 5.420.

(Adopted, effective January 1, 2000) (Renumbered (formerly Rule 5.4(c))) and Amended, effective January 1, 2004) (Amended, effective July 1, 2004) (Amended, effective January 1, 2010) (Amended, effective July 1, 2012) (Amended, effective July 1, 2013)

Rule 5.6 Ex Parte Orders Please see California Rules of Court (CRC), Rules 5.151, et seq., for procedures governing requests for “Emergency Orders”. The following local policies and procedures shall be considered and followed when making a request for emergency orders under CRC 5.151

A. Court’s Policy. Ex parte applications are strongly disfavored. Orders will be issued thereon only upon a substantial showing of need. The court’s policy is to decide ex parte applications solely based upon the affidavits/declarations submitted in favor of, or in opposition to, the applications.

B. Ex Parte Applications. 1. Represented Parties. Applications for ex parte orders in family law matters when there is a pending Family Law case shall be presented to the judge assigned to the case for all purposes through the family law clerk’s office at the Hall of Justice and Records in Redwood City. When there is no pending Family Law case, the application shall be submitted to the Family Law Clerk’s office and will be assigned a department by the Family Law Supervising Judge for review and determination.

2. Self-Represented Parties. Self-Represented parties seeking an ex parte order are strongly
encouraged to present their papers to the Family Law Facilitator’s office for review prior to
submission to the assigned department. After review of the Ex Parte papers by the Family Law
Facilitator’s office, the self-represented party will be directed to the Family Law Clerk’s Office to
file their Ex Parte papers and for assignment by the Family Law Supervising Judge to a department
for review and determination.

3. Filing Fees. All parties are required to pay all applicable filing fees associated with filing Ex
Parte Applications as required by law, unless the party has obtained a Fee Waiver Order. The filing
fee must be paid prior to the application being presented to the appropriate Department for review
and determination.

C. Exceptions to the Notice Requirements. Requests for the following types of ex parte relief do not require notice to the opposing party or the opposing party’s counsel:

Division V - Rules - 505 - Revised 1/1/2026