San Joaquin — Local Rules Effective July 1, 2025 (PDF)

Source: https://www.sjcourts.org/sites/default/files/2026-02/SJ-Local-Rules-eff.-7-1-25-_compliant.pdf

Superior Court of California, County of San Joaquin

LOCAL RULES – Eff. July 1, 2025

Judges of the Superior Court

Hon. Gus C. Barrera, II, Presiding Judge (2024-2025) Hon. Lance G. Jacot, Assistant Presiding Judge Hon. George J. Abdallah, Jr. Hon. Tony J. Agbayani, Jr. Hon. Blanca A. Bañuelos Hon. Peter Devencenzi Hon. Kristine Eagle Hon. Jonathan Fattarsi Hon. Erin Guy Castillo Hon. Carter P. Holly Hon. Seth R. Hoyt, Jr. Hon. Katy E. Jacot Hon. Allan F. Jose Hon. Barbara Kronlund Hon. Jayne Lee Hon. Richard M. Mallett Hon. Tameem Mardini Hon. Chrishna Martinez Hon. Michael J. Mulvihill, Jr. Hon. Ron Northup Hon. Charlotte J. Orcutt Hon. Danielle Ramirez Hon. Sabrina Schneweis-Coe Hon. Patrick J. Smalling Hon. John Soldati Hon. Gurjit S. Srai Hon. Lauren P. Thomasson Hon. Xapuri B. Villapudua Hon. Robert T. Waters Hon. Esmeralda Zendejas

Commissioner David French

Commissioner Cheryl A. McCann Commissioner Michael J. Rasmussen

Stephanie Bohrer, Court Executive Officer and Jury Commissioner

Superior Court of California for the County of San Joaquin

SUPERIOR COURT OF CALIFORNIA, for the COUNTY OF SAN JOAQUIN

180 E. Weber Avenue Phone: (209) 992-5695 Stockton, CA 95202 Effective July 1, 2025

TABLE OF CONTENTS Page

RULE 1 GENERAL ............................................................................................................... 9

1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION (Eff. 01/01/21) ............................................................................................................................... 9

1-101. COURT CALENDARS (Eff. 07/01/98) ..................................................................... 9

1-102. SELECTION AND IMPANELMENT OF JURORS (Eff. 07/01/17) ............................ 9

1-103. “RESERVED FOR FUTURE USE” (Eff. 07/01/15) .................................................11

1-104. INTERPRETERS (Eff. 07/01/15) ............................................................................11

1-105. TRANSFER OF ADMINISTRATIVE PROCEDURES (Eff. 01/01/99) ......................11

1-106. FIREARMS (Eff. 07/01/17) .....................................................................................11

1-107. MEDIA COVERAGE (Eff. 01/01/18) .......................................................................12

1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT (Eff. 01/01/23) .................................................................... 18

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

1-110. DANGEROUS, LARGE OR BULKY EXHIBITS (Eff. 07/01/05) ...............................19

1-111. JUDICIAL VACATION DAY DEFINED (Eff. 07/01/08) ............................................23

1-112. SELECTION OF COURT COMMISSIONERS (Eff. 07/01/10) ................................23

1-113. ELECTRONIC RECORDING OF COURT PROCEEDINGS (Eff. 1/1/2023) ...........24

RULE 2 CRIMINAL ............................................................................................................24

2-100. DISCOVERY IN CRIMINAL CASES (Eff. 07/01/98) ...............................................24

2-101. PRE-TRIAL MOTIONS (Eff. 07/01/98) ...................................................................25

2-101.1. MOTIONS TO STRIKE PRIOR CONVICTIONS (Eff. 01/01/99) .............................25

2-102. MEMORANDUM OF POINTS AND AUTHORITIES (Eff. 07/01/98)........................26

2-102.1. MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE (Eff. 07/01/98) ....27

2-102.2. DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE (Eff. 07/01/98) 28

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2-103. MOTIONS AT TRIAL (Eff. 01/01/98) ......................................................................28

2-104. SANCTIONS (Eff. 07/01/98) ..................................................................................29

2-105. PRE-TRIAL CONFERENCES (Eff. 01/01/98) .........................................................29

2-106. JURY INSTRUCTIONS (Eff. 07/01/14) ..................................................................30

2-107. MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON-JUDICIAL HOLIDAYS (Eff. 07/01/98) ......................................................................................................................30

2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL (Eff. 01/01/99) ..............................................................................................................................30

2-109. "RESERVED FOR FUTURE USE" (Eff. 01/01/23) .............................................31

2-110. ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS (Eff. 07/01/99) .......31

2-111. REQUESTS TO MODIFY JUDGMENT (Eff. 01/01/03)...........................................31

2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS (Eff. 07/01/17) .........................................................................................31

2-113. BAIL SCHEDULE RULE (Eff. 01/01/10) .................................................................31

2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368 (Eff. 01/10/20) .....................................................................32

2-115. ABILITY TO PAY: CLERK DETERMINATIONS (Eff. 07/01/23) ..............................32

RULE 3 CIVIL ....................................................................................................................33

3-100. IMPLEMENTATION (Eff. 07/01/17) ........................................................................33

3-101. DIRECT CALENDARING OF CIVIL CASES (Eff. 01/01/20) ...................................33

3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION (Eff. 01/01/20) ...................34

3-103. REMOTE APPEARANCES (Eff. 01/01/22).............................................................40

3-104. SETTLEMENT CONFERENCE PROCEDURES (Eff. 07/01/17) ............................41

3-105. PROPOSED FINDING, ORDER, JUDGMENT OR DECREE (Eff. 01/01/14) .........44

3-106. EX PARTE APPLICATIONS AND ORDERS (Eff. 01/01/18) ..................................45

3-107. PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM (Eff. 01/01/09) ..............................................................................................................................45

3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS (Eff. 01/01/14) ..............................................................................................................................45

3-109. DEATH OF A PARTY (Eff. 07/01/98) .....................................................................46

3-110. PETITION FOR APPROVAL OF COMPRISE OF CLAIM OR ACTION FOR MINOR OR PERSON WITH DISABILITY (Eff. 07/01/2024) ..............................................................46

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3-111. ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES (Eff. 07/01/20) ..............................................................................................................................47

3-112. ORDERS SHORTENING TIME (Eff. 01/01/02) ......................................................48

3-113. CIVIL LAW AND MOTION Eff. 01/01/20) ...............................................................48

3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS (Eff. 01/01/18) ..........50

3-115. Title [Repealed] (Eff. 07/0/15) ................................................................................50

3-116. JURY FEES AND EXPENSES (Eff. 01/01/14) .......................................................50

3-117. “COURTESY COPIES” OF BRIEFS AND PAPERS (Eff. 01/01/21) .......................51

3-118. “RESERVED FOR FUTURE USE” (Eff. 07/01/05) .................................................51

3-119. “RESERVED FOR FUTURE USE” (Eff. 07/01/05) .................................................51

3-120. SUBSTITUTE SERVICE (Eff. 07/01/05) .................................................................51

3-121. ALTERNATIVE DISPUTE RESOLUTION (Eff. 07/01/17) .......................................51

3-122. JUDICIAL ARBITRATION (Local Rule 3-121, revised) (Eff. 01/01/14) ...................53

3-123. CIVIL MEDIATION PROGRAM (Local Rule 3-125, renumbered) (Eff. 07/01/17) ....54

3-124. BINDING ARBITRATION (Eff. 01/01/14) ................................................................59

3-125. NEUTRAL EVALUATION (Eff. 01/01/14) ...............................................................59

3-126. TRIAL BY REFERENCE (Eff. 01/01/14) .................................................................59

3-127. EXPEDITED JURY TRIAL (EJT) (Eff. 07/01/17) ....................................................60

3-128. SISTER STATE MONEY JUDGMENTS (Eff. 01/01/20) .........................................60

RULE 4 PROBATE ............................................................................................................61

PART ONE – GENERAL PROCEDURE GUIDE ..................................................................61

4-101. ALL PETITIONS (Eff. 01/01/20) .............................................................................61

4-102. UNCONTESTED MATTERS (Eff. 01/01/20) ..........................................................62

4-103. CONTESTED MATTERS (Eff. 01/01/14) ...............................................................62

4-104. WHEN PERSONAL APPEARANCE REQUIRED (Eff. 01/01/20) ...........................62

4-105. CONSOLIDATION WITH THE LOWEST NUMBER (Eff. 01/01/11) ........................63

4-106. EX PARTE APPLICATIONS (Eff. 01/01/20) ...........................................................63

4-107. LINEAL CHART / HEIR INFORMATION/PROOF OF DEATH (Eff. 07/01/21) ........64

4-108. ORDERS – CONTENTS, ATTACHMENTS & SIGNATURE PAGE (Eff. 01/01/14) .65

4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING .. ..............................................................................................................................65

4-110. LAW AND MOTION; TENTATIVE RULINGS .........................................................66

4-111. REQUESTING A CONTINUANCE (Eff. 01/01/20) .....................................................66

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Superior Court of California for the County of San Joaquin

4-112. CAPTION ON PLEADINGS (Eff. 01/01/20) ............................................................67

4-113. COURT CREATED TRUSTS (Eff. 01/01/19) ..........................................................67

4-114. PROBATE PETITIONS CONFIRMING PROPERTY (Eff. 01/01/20).......................67

4-115. COSTS GENERALLY NOT ALLOWED TO COUNSEL, ADMINISTRATOR, TRUSTEE, CONSERVATOR, OR GUARDIAN (Eff. 01/01/20) .............................................68

4-116. MEET AND CONFER REQUIREMENT (Eff. 01/01/20) ..........................................68

4-117. REMOTE APPEARANCES (Eff. 01/01/22) .............................................................69

4-118. NOTICE INFORMATION .......................................................................................70

4-119. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Eff. 01/01/13) ..............................................................................................................................70

4-120. SANCTIONS (Eff. 07/01/22) ..................................................................................71

4-121. LODGING OF REQUIRED DOCUMENTS .............................................................71

4-122. DECLARATION REGARDING ASSETS ON INVENTORY AND APPRAISAL .......71

PART TWO – DECEDENT ESTATES .................................................................................73

4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES (Eff. 01/01/08) ..............................................................................................................................73

4-202. COPY OF TRUST REQUIRED FOR POUR-OVER WILLS (Eff. 07/01/21).............73

4-203. NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL (Eff. 01/01/20) ..............................................................................................................................73

4-204. COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A (Eff. 01/01/09) .......................................................................74

4-205. CONTRACTS WITH BROKER OR AGENT (Eff. 01/01/20) ....................................74

4-206. APPLICATION FOR FAMILY ALLOWANCE (Eff. 01/01/11) ..................................74

4-207. PETITION FOR PRELIMINARY DISTRIBUTION (Eff. 01/01/11) ............................75

4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION BEFORE A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/11) .....................................75

4-209. STATUS REPORTS (Eff. 01/01/20) .......................................................................76

4-210. FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION (Eff. 01/01/08) ...76

4-211. SPOUSAL PROPERTY ELECTIONS (EFF. 07/01/23) ...........................................76

4-212. FILING OF DEATH CERTIFICATE (Eff. 01/01/24) .................................................77

4-213. EXTRAORDINARY ATTORNEY FEES (Eff. 01/01/20) ..........................................77

4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED (Eff. 01/01/11) ..............................................................................................78

4-215. REQUIREMENTS FOR A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/14)78

4-216. ACCOUNTING FOR RESERVE ............................................................................80

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Superior Court of California for the County of San Joaquin

4-217. WAIVER OF ACCOUNT (Eff. 01/01/24) .................................................................81

4-218. "RESERVED FOR FUTURE USE" (4-218 216 Incorporated into 4-215 07/01/22) .81

PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS ..............81

4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME (Eff. 01/01/20) ..............................................................................................................................81

4-302. WHEN PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT (Eff. 01/01/09) ..............................................................................................................................81

4-303. SMALL ESTATE WITHOUT ADMINISTRATION DEPOSIT OF WILL AND/OR CODICIL (Eff. 07/01/21) .......................................................................................................82

4-304. AFFIDAVITS FOR REAL PROPERTY SMALL VALUE (Eff 07/01/21) ....................82

PART FOUR – TRUSTS ......................................................................................................83

4-401. FEES (Eff. 01/01/20) ..............................................................................................83

4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE (Eff. 01/01/09) ..............................................................................................................................84

4-403. "RESERVED FOR FUTURE USE" [Repealed 01/01/13] ........................................85

PART FIVE – CONSERVATORSHIP ...................................................................................85

4-501. APPOINTMENT OF COURT INVESTIGATOR (Eff. 01/01/20) ...............................85

4-502. CONFIDENTIAL CONSERVATORSHIP QUESTIONNAIRE (Eff. 07/01/2021 ........85

4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING (Eff. 01/01/20) ..............................................................................................................................86

4-504. CONSERVATORSHIP REVIEW (Eff. 07/01/2021) .................................................86

4-505 COMPENSATION AND FEES FOR ATTORNEY OF CONSERVATEE OR MINOR (Eff. 01/01/20) ......................................................................................................................86

4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED (Eff. 01/01/09) .......................87

4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS (Eff. 01/01/09) .88

4-508. SUBSTITUTED JUDGMENT (Eff. 01/01/11) ..........................................................88

4-509. ALL RULES UNDER PART ONE GENERAL PROCEDURE GUIDE AND PART FIVE – CONSERVATORSHIPS SHALL APPLY TO MENTAL HEALTH CASES REGARDING AN ESTATE Eff. 01/01/25) (Former 4-509 Repealed 01/01/24) .....................89

4-510. "RESERVED FOR FUTURE USE" (4-510 Repealed 07/01/22) .............................89

PART SIX – PARTICULAR TRANSACTIONS......................................................................89

4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT (Eff. 01/01/09) ..............................................................................................................................89

PART SEVEN – GUARDIANSHIP .......................................................................................89

4-701. GUARDIANSHIP RULES (Eff. 01/01/08) ...............................................................89

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Superior Court of California for the County of San Joaquin

4-702. GUARDIANSHIP QUESTIONNAIRE [Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] (Eff. 01/01/20) ...............................................................90

4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON (Eff. 01/01/09) .. ..............................................................................................................................90

4-704. GUARDIANSHIP OF PARTICULAR PROPERTY (Eff. 01/01/09) ...........................91

PART EIGHT – MINORS COMPROMISE ............................................................................91

4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS (Eff. 01/01/20) ......................................................................................................................91

4-802. SETTLEMENTS WITH AN ANNUITY (Eff. 01/01/11) .............................................91

4-803. SETTLEMENTS CREATING A TRUST (Eff. 01/01/20) ..........................................92

4-804. ATTACHMENT LIMITS (Eff. 07/01/21) ...................................................................92

PART NINE—CIVIL MENTAL HEALTH, INCLUDING LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS, WRITS OF HABEAS CORPUS SEEKING RELEASE FROM A MENTAL HEALTH FACILITY, AND RIESE HEARINGS SEEKING AN ORDER FOR INVOLNTARY MEDICATION ...............................................................................................93

4-901. INTRODUCTION (Eff 01/01/25) ............................................................................93

4-902. USE OF FORMS (Eff 01/01/25) .............................................................................93

4-903. LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS (Eff 01/01/25) .........93

4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS (Eff 01/01/25) ...............94

4-905. REQUESTS FOR INTERPRETERS (Eff 01/01/25) ...............................................95

RULE 5 JUVENILE ............................................................................................................95

5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS (Eff. 07/01/98) ..........95

5-200. EX PARTE APPLICATIONS ..................................................................................96

5-300. PETITIONS TO MODIFY (§388 W&I) (Eff. 07/01/98) .............................................96

5-400. GENERAL COMPETENCY REQUIREMENT (Eff. 07/01/98) .................................97

5-401. “RESERVED FOR FUTURE USE” [5-401 Repealed 01/01/14] (Eff. 01/01/14) .......97

5-402. SCREENING FOR COMPETENCY (Eff. 07/01/98) ................................................97

5-403. REPRESENTATION OF MINORS (Eff. 07/01/98) .................................................97

5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT (Eff. 07/01/98) ............................98

5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 (Eff. 07/01/98) ..............................................................................................................................98

5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS (Eff. 07/01/98) ..............................................................................................................................98

5-407. APPLICATION OF THESE RULES (Eff. 07/01/17) ................................................98

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Superior Court of California for the County of San Joaquin

5-408. ATTORNEY COMPLAINT PROCESS (Eff. 07/01/98) ............................................99

5-409. MINOR’S INTERESTS IN OTHER PROCEEDINGS (Eff. 07/01/98) .......................99

5-410. THE ADVOCATE PROGRAM (Eff. 01/01/03) ........................................................99

5-411. CHILD ADVOCATES (Eff. 01/01/03) ......................................................................99

5-500. RELEASE OF INFORMATION TO ADVOCATE (Eff. 01/01/03) ........................... 101

5-501. RIGHT TO TIMELY NOTICE (Eff. 01/01/03) ........................................................ 102

5-502. CALENDAR PRIORITY (Eff. 01/01/03) ................................................................ 102

5-503. VISITATION THROUGHOUT DEPENDENCY (Eff. 01/01/03) .............................. 102

5-504. FAMILY LAW ADVOCACY (Eff. 01/01/03) ........................................................... 102

5-505. RIGHT TO APPEAR (Eff. 01/01/03) ..................................................................... 103

5-506. DIRECT CALENDARING OF JUVENILE DELINQUENCY CASES (Eff. 01/01/18) ... ............................................................................................................................ 103

5-507. RECIPROCAL DISCOVERY (Eff. 07/01/06) ........................................................ 104

RULE 6 ELECTRONIC FILING ........................................................................................ 104

6-100. [6-100 Repealed 01/01/20] .................................................................................. 106

6-101. [6-101 Repealed 01/01/20] ................................................................................... 106

RULE 7 FAMILY LAW ...................................................................................................... 106

7-100. EMERGENCY ORDERS (Eff. 07/01/18) .............................................................. 106

7-101. ORDER EXCLUDING A PARTY FROM THE HOME (Eff. 07/01/98) .................... 107

7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS (Eff. 01/01/14)........... 107

7-102.5. DECLARATIONS SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER (Eff. 01/01/19) ...................................................................................................... 107

7-103. MEET AND CONFER REQUIREMENT (Eff. 01/01/14) ........................................ 108

7-104. MEDIATION (Eff. 01/01/14) ................................................................................. 109

7-105. SUPPORT (Eff. 01/01/14) .................................................................................... 110

7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS (Eff. 01/01/21) ... ............................................................................................................................ 110

7-107. DEFAULTS (Eff. 07/01/98) ................................................................................... 111

7-108. AT-ISSUE MEMORANDUMS (Eff. 01/01/14) ....................................................... 111

7-109. RESULT OF FAILURE TO COMPLY WITH RULES (Eff. 01/01/14) ..................... 112

7-110. SETTLEMENT CONFERENCES (Eff. 01/01/15) .................................................. 112

7-110.5. PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION (Eff. 01/01/21) ... ............................................................................................................................ 113

7-111. FAMILY LAW TENTATIVE RULINGS (Eff. 07/01/17) ........................................... 113

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7-112. DUTIES OF FAMILY LAW FACILITATOR (Eff. 07/01/98) .................................... 114

7-113. JUDICIAL CAVEAT (Eff. 07/01/98) ...................................................................... 114

7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS (Eff. 01/01/14) ............................................... 114

7-115. VIDEO CONFERENCE APPEARANCE (Eff. 01/01/21) ....................................... 116

7-116. REMOTE APPEARANCES (Eff. 01/01/22)........................................................... 118

7-117. INTERVIEW FOR MINOR TO MARRY OR ENTER DOMESTIC PARTNERSHIP (Eff. 07/01/21) .................................................................................................................... 122

7-118. ORDERS SHORTENING TIME ........................................................................... 122

RULE 8 ADOPTION PROCEEDINGS .............................................................................. 122

8-101. KINSHIP AGREEMENTS (Eff. 07/01/05) ............................................................. 122

8-201. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS – CAPTION (Eff. 07/01/98) ................................................................................................... 123

8-202. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT (Eff. 01/01/99) ......................................................................................... 123

RULE 9 - SMALLCLAIMS ACTIONS, UNLAWFUL DETAINER CASES, AND ................... 125

CIVIL HARRASSMENT RESTRAINING ORDERS ............................................................ 125

9-100 [SMALL CLAIMS E-FILING [repealed (deleted) 07/01/15.] ................................... 125

9-101. REMOTE APPEARANCES FOR SMALL CLAIMS ACTIONS, UNLAWFUL DETAINER CASES, and CIVIL HARASSMENT RESTRAINING ORDERS (Eff. 1/1/22) .... 125

RULE 10 APPELLATE DIVISION ..................................................................................... 126

10-100. JURISDICTION (Eff. 07/01/17) ............................................................................ 126

10-101. JUDICIAL ASSIGNMENT AND SESSIONS (Eff. 07/01/23) .................................. 126

10-102. RECORD ON APPEAL (Eff. 07/01/15) ................................................................. 126

10-103. REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT (Eff. 07/01/15) .. ............................................................................................................................ 127

10-104. USE OF OFFICIAL ELECTRONIC RECORDING (Eff. 07/01/23) ......................... 127

10-105. BRIEFS (Eff. 07/01/15) ........................................................................................ 128

10-106. APPOINTED COUNSEL (Eff. 07/01/15) ............................................................... 128

10-107. [10-107 Repealed 01/01/18] ................................................................................. 128

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RULE 1 GENERAL

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

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

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

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

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

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

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

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

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Superior Court of California for the County of San Joaquin

list for the area served by the court to which the case is
transferred.

2. Prospective jurors shall be summoned for jury service for limited
jurisdiction cases heard in the Lodi branch from a master list
consisting of residents who live in the area served by that court.
The area served by that court is defined by the following zip codes:
95220, 95227, 95237, 95240, 95241, 95242, 95253, 95254,
95258, 95632 and 95686.

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

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

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

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

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

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

5. Seasonal employment;

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

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

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

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

A. Parties must provide the court with a minimum of five (5) business days’
notice (for all languages, including American Sign) to ensure that an
interpreter will be available. The court may waive this requirement in
extenuating circumstances.

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

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

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

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

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

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

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

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

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Superior Court of California for the County of San Joaquin

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

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

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

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

H. Any courtroom located anywhere in the county.

The following persons are exempt from the above rule:

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

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

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

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

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

B. Knowledge of the Rule

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Superior Court of California for the County of San Joaquin

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

C. Media Requests

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

2. Media personnel, representatives of media agencies, and
attorneys for media agencies shall not communicate with the
assigned judge or presiding judge concerning a request to modify
an order issued under California Rules of Court, Rule 1.150 or this
local rule other than by the approved Judicial Council form, written
application noticed to the litigants, or at a public hearing. Any
media agency aggrieved by the provisions of this local rule or
aggrieved by an order made pursuant to this local rule concerning
areas outside a courtroom may apply to the presiding judge to
modify the application of the rule or order or to be exempted from
it. A written application to the presiding judge shall be submitted to
the Public Information Office, but shall first be served upon the
parties in any litigation that is the subject of the media request. An
oral application may only be made at a hearing and only when any
affected parties in the subject litigation have been given notice of
the hearing. Media personnel, representatives of media agencies,
and attorneys for media agencies shall not make ex-parte contact
with the presiding judge when applying for a modification or
exemption. The hearing shall be scheduled by contacting the
Public Information Office.

D. Coverage Inside of the Courthouse

1. Purpose

Metal detection and other security measures are installed at the
entrance of the court’s courthouses. Prospective and sworn jurors,
witnesses, spectators, litigants, and their children often congregate
in common areas of the Courthouse including hallways, lobbies,

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and entry areas. Often these common areas are quite congested. The Lodi, Manteca, Tracy, and Juvenile Justice Center have lobby areas where prospective and sworn jurors, witnesses, spectators, litigants, and children congregate. Photographing, videotaping, filming, broadcasting in these areas may interfere with those activities, including security operations.

Accordingly, this subdivision is established to:

(a) Protect the privacy rights of prospective jurors, seated
jurors, witnesses, victims, and court spectators as
contemplated by subdivisions (e)(3)(E) and (e)(6)(D) of
California Rules of Court, Rule 1.150.

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

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

2. Jurors

   Photographing, videotaping, filming, broadcasting, and electronic recording of jurors in the courtroom is prohibited by subdivision (e)(6)(D) of California Rules of Court, Rule 1.150. Except as provided below, the photographing, videotaping, filming, broadcasting, and electronic recording of anyone wearing a juror badge, whether intentional or inadvertent, in any courtroom or courthouse of the San Joaquin Superior Court is also prohibited. The photographing, videotaping, filming, broadcasting, and electronic recording of anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse is prohibited. The faces of anyone wearing juror badges or anyone standing in line going into the Jury Assembly Room at the Stockton Courthouse inadvertently depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. Photographing, videotaping, filming, broadcasting, and electronic recording of prospective jurors who have been discharged from service, seated jurors who

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have been discharged from service or alternates who have been discharged from service is permitted in the courthouse only when that person consents.

3. Spectators

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

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

4. Stockton Courthouse

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

(a) In any hallway by a photographer who is situated within a
10-foot radius of the doors to any courtroom.

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Photographers must situate themselves outside the 10-foot
radius so as to not inhibit or obstruct entry into or exit from
the courtroom. Unless there is consent, photographers and
media personnel shall not inhibit or obstruct any person’s
movements anywhere in the courthouse.

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

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

5. Stockton Courthouse – Hallways and Lobby

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

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

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

6. Juvenile Justice Center

Unless approved by written order of the presiding juvenile judge or a judicial officer designated by the presiding juvenile judge, photographing, videotaping, filming, broadcasting, and electronic recording of any kind other than handheld recording devices used for personal note taking is prohibited anywhere in the Juvenile

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Justice Center branch. Cameras and recording devices shall be
turned off while being transported in any area within this branch.

7. Handheld Audio Recording Equipment

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

8. Obstructions Outside of the Courthouse

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

9. Additional Orders

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

10. Media Coverage in Courtrooms

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

E. Rule Violations

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

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1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT (Eff. 01/01/23)

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

B. The use of photographic equipment and audio recording or transmission equipment in any courtroom, through a courtroom door window into any Superior Court of California for the County of San Joaquin 16 courtroom, or from an entryway into a courtroom is prohibited without the advance permission of the judge.

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

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

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

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

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

H. The use of any device to photograph, videotape, film, or electronic record to copy, reproduce, or transmit official Court records and exhibits in the Clerk’s Office is prohibited. No one may use a device with the ability to photograph,

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Superior Court of California for the County of San Joaquin

videotape, film, or electronic record to copy, reproduce, or transmit Court records and exhibits without prior written approval from the Presiding Judge, Judicial Officer, Court Executive Officer or designee. Violation of this rule may result in the confiscation of the device, and the Court Clerk or designee may request that the recording/photograph on the device be erased by the owner.

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

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

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

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

A. Permission from the judge assigned to the hearing or trial must be
obtained before a party may bring dangerous, large or bulky exhibits
into the courthouse. If possible, the party should substitute a
photograph, technical report, or dummy object for proposed exhibits
which are either:

1. Inherently dangerous, such as:

a. Firearms;

b. Any type of explosive powder;

c. Explosive chemicals, toluene, ethane;

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

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

f. Canisters containing tear gas, mace;

g. Rags which have been soaked with flammable liquids;

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Superior Court of California for the County of San Joaquin

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

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

j. Controlled or toxic substances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EXHIBITS

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

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

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

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

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

F. On order of the court, at the conclusion of the trial or hearing, any exhibit that has been marked for identification but not introduced or received in evidence at trial, may be returned to the party that offered it. Counsel

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must preserve and maintain all returned exhibits until the time for appeal has passed.

G. Exhibits received in evidence at the trial or a hearing in a criminal case may be returned by the court to the party who offered them, in accordance with Penal Code §§ 1417.2, 1417.3 and 1417.5. Exhibits received in evidence at the trial or a hearing in a civil case may be returned by the court to the party who offered them, in accordance with Code of Civil Procedure §§ 1952(a) and 1952.2. (Eff. 07/01/05)

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

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

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

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

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

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

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

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

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

1-113. ELECTRONIC RECORDING OF COURT PROCEEDINGS (Eff. 1/1/2023)

A. Pursuant to Government Code §69957, in limited civil actions and criminal misdemeanor and infraction proceedings, if an official reporter or an official reporter pro tempore is unavailable to report an action or proceeding in a court, the court may utilize electronic recording as a means of generating a record of proceedings, including all the testimony, the objections made, the ruling of the court, the exceptions taken, all arraignments, pleas, and sentences of defendants in criminal cases, the arguments of the attorneys to the jury, and all statements and remarks made and oral instructions given by the judge. In these instances, a transcript derived from the electronic recording shall be utilized whenever a transcript of court proceedings is required. To obtain a transcript derived from the electronica recording, the parties to such proceeding may contact the Records Management Division. The requesting party will be responsible for all associated fees and costs to obtain the transcript of the electronic recording.

B. An electronic recording may also be made for the purpose of monitoring subordinate judicial officer performance. In these instances, the electronic recording shall not be used for any other purpose and shall not be made publicly available. In accordance with Government Code §69957, the court will post notice outside of a courtroom where proceedings are being recorded.

RULE 2 CRIMINAL

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

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

B. Any party asserting a work product or other privilege pursuant to Penal
Code Section 1054.6 or a good cause exception must assert that

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

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

i. contempt;

ii. delaying or precluding the testimony or evidence;

iii. continuance;

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

v. dismissal where required by the United States Constitution;

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

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

A. Felony Cases

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

B. Misdemeanor Cases

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

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

To the extent that a motion to strike prior convictions based upon the validity of those convictions is authorized by statutory or decisional law, such a

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motion must be made pretrial within the time prescribed in Rule 2-101(a). (Eff. 01/01/99)

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

A. Facts and Issues

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

B. Citations

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

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

C. Previous Motions at the Preliminary Hearing

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

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

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

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

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

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

1. List of Items to be Suppressed or Returned:

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

2. Specification of Factual and Legal Basis for Motion:

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

3. Specification of Intended Witnesses:

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

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

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Superior Court of California for the County of San Joaquin

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

5. Stipulation to Transcript of Preliminary Examination Superior Court:

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

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

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

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

A. Felony Cases

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

B. Misdemeanor Cases

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

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misdemeanor cases may be made orally or in writing after assignment
to the trial department. If other such motions are made in writing, the
moving party must serve the opposing party no later than the first
appearance in the trial department.

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

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

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

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

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

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

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

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

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

A. Preparation of Attorneys In felony and misdemeanor cases, the attorneys appearing at the conference shall be familiar with the case including but not limited to investigative reports, preliminary hearing testimony, possible defenses and rap sheets of key witnesses and the defendant.

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B. Felony Cases – Pretrial Statement In felony cases the People shall file with the court, and serve on opposing counsel, a pretrial statement two (2) court days prior to the scheduled pretrial conference. The pretrial statement shall include a brief statement of the case, the maximum exposure the defendant faces, and the pretrial offer.

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

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

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

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

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

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

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

C. Any motion to be relieved shall include a declaration stating the
defendant’s last known address along with facts indicating when that
address was last confirmed as valid by counsel. If the whereabouts of

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the defendant are unknown, the declarations shall include facts constituting reasonable diligence in ascertaining the defendant’s last known address. (Eff. 01/01/99)

2-109. "RESERVED FOR FUTURE USE" (Eff. 01/01/23)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2-115. ABILITY TO PAY: CLERK DETERMINATIONS (Eff. 07/01/23)

A. The clerk of the court may make ability-to-pay determinations in the Superior Court of California for the County of San Joaquin as authorized in Government Code 68645.3(e) when the following criteria have been met:

a. The litigant submits that they receive public benefits, including those listed in subdivision (a) of Section 68632;

b. Or, the litigant submits their household income is equal to or below

250% of the federal poverty level.

B. The clerk of the court shall not modify the reduction rate recommended by the MyCitations online tool consistent with Court-established administrative settings for calculating reduction rates.

C. The defendant has the right to a review of the decision by a judicial officer in the trial court if the clerk of the court denies the reduction portion of the request.

D. Criteria for reductions made by the clerk of the court are posted on the court’s website.

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Superior Court of California for the County of San Joaquin

RULE 3 CIVIL

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

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

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

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

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

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

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

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

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

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Superior Court of California for the County of San Joaquin

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

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

NOT APPLICABLE TO LIMITED CIVIL CASES

A. Policy:

It is the policy of the San Joaquin Superior Court:

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

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

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

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

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

6. All civil cases filed which are statutorily limited civil cases shall
remain subject to the “Economic Litigation Rules” (CCP Section

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90, et seq.) regardless of which department or commissioner handles such case.

B. Procedure

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

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

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

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

C. Responsive Pleadings

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

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

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

D. Stays of Action/Alternative Dispute Resolution Requirements

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

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

E. Extensions by the Court

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

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

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

F. Case Management Conference (CMC)

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

(a) Summons and complaint,

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

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

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

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If a case is transferred from another jurisdiction after a responsive pleading has been filed, the first status conference will be set within 45 days from the order of transfer. If no responsive pleading has been filed, the first case management conference will

be set within 90 days from the Order of Transfer. In all other particulars, the plaintiff in a transfer case will receive the same information and items as described above.

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

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

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

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

   (b) Transfer to another court;

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

   (d) Order an early settlement conference;

   (e) Order a trial setting conference; or

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

5. If none of the parties object to the court referring the matter to

arbitration (and therefore without limit) and both sides have initiated discovery, no appearances will be required at the case

management conference.

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

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

8. The court will consider those factors outlined in Judicial Council

Rule 2106 in evaluating a management plan for each individual case.

G. Complex Litigation

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

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

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

H. Arbitration Determination

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

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

I. Trial Setting Conference

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

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

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

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

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

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

If a party arranges and pays for the attendance of the certified

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

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

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

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Superior Court of California for the County of San Joaquin

3-103. REMOTE APPEARANCES (Eff. 01/01/22)

A. This Local Rule is adopted pursuant to Civil Code of Procedure section
367.75 and California Rule of Court, rule 3.672. Notice requirements are
set forth in rule 3.672 and below.

B. For Case Management Conferences, Law and Motion hearings, and Ex
Parte hearings, parties may appear remotely pursuant to Civil Code of
Procedure section 367.75 and California Rule of Court, rule 3.672.

a) Parties may stipulate either orally or in writing to waive notice of
other participants’ appearing remotely for Case Management
Conferences, Law and Motion hearings, and Ex Parte hearings.
b) This Court waives notice of parties appearing remotely for Case
Management Conferences, Law and Motion hearings, and Ex
Parte hearings.
c) Nothing limits the discretion of the judicial officer to require
parties to appear in person for Case Management Conferences,
Law and Motion hearings, and Ex Parte hearings.
d) A remote appearance for Case Management Conferences, Law
and Motion hearings, and Ex Parte hearings will not be
permitted if the tentative ruling posted for the hearing states that
an in-person appearance is required, or the court advises the
person requesting to appear remotely that the judicial officer has
determined that an in-person appearance is necessary.

C. For Case Management Conferences, Law and Motion hearings, and Ex
parte hearings, the Court has a telephone Bridge Conference Line
platform that supports audio only.

1. The Bridge Conference Line call in numbers are listed on the
Court’s website.
2. At the discretion of the Judicial Officer, a Zoom video platform may
be provided for the parties to appear. The Court will provide the
video access meeting link, or require a party to provide notice of
the video access meeting link.
c. Any recording, reproduction, or re-broadcasting of a court `
proceeding held remotely, including screenshots or other visual or
audio copying of a hearing, is prohibited.

D. For Evidentiary Hearings, Settlement Conferences, Bench or Court Trials,
Jury Trials, and hearings on Orders to Show Cause, parties must appear

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in person, unless the party or attorney requests and receives express
written authorization to appear remotely by the judicial officer.

a. A party may request to appear remotely by filing and serving a
Notice of Remote Appearance Form RA-010 with the Court no
later than10 court days before the Evidentiary Hearing, Settlement
Conference, Bench or Court Trial, Jury Trial, or Order to Show
Cause.
b. In response to notice of remote appearance, any party may file
and serve an Opposition to Remote Proceedings Form RA-015 no
later than 5 court days before the hearing in question.
c. A party must deliver a copy of any written Notice or Opposition
under (a) or (b) to the department in which the proceeding is to be
held.
E. Even when a remote appearance is authorized and commences, the
judicial officer may terminate a remote appearance and continue the
matter so that an in-person appearance can occur if technology or
audibility issues interfere with the judicial officer’s ability to make a
determination required by the hearing, the in-person appearance is
necessary to assist in the determination of the specific hearing, the court
reporter’s ability to make an accurate record is in question, counsel’s
ability to provide effective representation is in question, an interpreter’s
ability to provide language access is in question, or for any other reason
which constitutes good cause under the circumstances.

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

Section 1: Settlement Conference Statements

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

Section 2: Necessary Preparation

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

Section 3: Materials to be Brought to Conference

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

Section 4: Duties of Attorneys and Parties Attending Settlement Conferences

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

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

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

Section 5: Settlement Conference Checklist

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

1. California Rules of Court

Rule 3.1380 - Mandatory Settlement Conferences

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Superior Court of California for the County of San Joaquin

Rule 3.1385 - Duty to Notify Court of Disposition

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

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

1. Consider and itemize strong liability points.

2. Consider and itemize weak liability points.

3. Consider facts which depend on conflicting testimony.

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

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

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

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

8. Consider law applicable to liability.

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

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

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

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

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

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

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

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

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

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

a. Temporary or permanent

b. Disabling or non-disabling

c. Disfiguring or not

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

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

8. Your reduction of verdict range for:

a. Comparative negligence

b. Problems of proof of injuries claimed

c. Reduction for your liability rating

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

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

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

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

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

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

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

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

Except as provided in this rule and in Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.

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

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

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

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

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

A. Proceeding involving more than one parcel of property.

1. Pleadings- In proceedings involving more than one parcel of
property, the complaint shall set forth in addition to the matters
required by Code of Civil Procedure, section 1250.310, numbers
or symbols identifying each parcel of property. An answer,

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Superior Court of California for the County of San Joaquin

demurrer, disclaimer, written appearance, or other pleading shall
set forth, in the space below the number of the case and in
parentheses, the parcel numbers or symbols that identify the
property claimed by that defendant.

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

B. Application for final order of condemnation.

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

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

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

3-110. PETITION FOR APPROVAL OF COMPRISE OF CLAIM OR ACTION FOR MINOR OR PERSON WITH DISABILITY (Eff. 07/01/2024)

A. Except as in subsections (b) and (c), a Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability may be filed and heard in the civil department in which the case is pending. The Petition may be filed under the same civil case number.

B. If there is no pending civil case, the Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability must be filed and heard in the probate department, with the procedures set forth in these rules in Part Eight of the Probate Rules, commencing with 4-801, applying.

C. If a Petition for Approval of Compromise of Claim or Action for Minor or Person with a Disability proposes to have the settlement funds distributable to the minor or person with a disability administered under a guardianship, conservatorship, discretionary trust or special needs trust, the Petition must be filed and heard in the probate department with the procedures set forth in these rules in Part Eight of the Probate Rules, commencing with 4-801, applying.

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Superior Court of California for the County of San Joaquin

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

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

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

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

20% of next $4,000

15% of next $5,000

10% of next $10,000

5% of next $30,000

2% of the amount over $50,000

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

B. Contract Based Upon a Book Account

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

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

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C. Contested Action on Note or Contract

The same amount as computed under subdivision A., increased by
such reasonable compensation computed on an hourly or per-day basis
for any additional research, general preparation, trial, or other services
as may be allowed by the court.

D. Foreclosure of Mortgage or Trust Deed

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

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

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

F. Attorney fees in Unlawful Detainer cases

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

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

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

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

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

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provisions) for the clerk to check for availability. Proof of service must be on file with the Superior Court Clerk’s office prior to the scheduled hearing.

(STOCKTON COURTHOUSE ONLY)

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

C. Other than in contempt matters or where allowed by statute, evidence shall be presented by matters of which the court may or must take judicial notice, affidavits, and declarations, unless prior arrangements are made with the court for the taking of oral testimony.

(STOCKTON COURTHOUSE ONLY)

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

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

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

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

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(LODI BRANCH ONLY)

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

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

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

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

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

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

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

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

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

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

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

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

All briefs and papers filed in support of any motion or application, whether

made on notice or ex parte, must be filed with the Clerk of the Court.

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

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

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

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

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

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

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

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

A. ADR Options

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

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Mediation

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

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

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

d. Neutral Evaluation

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

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

B. ADR Information

Attorneys shall provide their clients with a copy of San Joaquin Superior Court ADR Information packet at the earliest available opportunity and prior to the initial Case Management Conference. Self-represented litigants and all litigants need to review and consider the available ADR choices. Plaintiffs and cross-complainants shall serve a copy of San Joaquin Superior Court ADR Information packet on each defendant or cross-defendant at the time the complaint or cross-complaint is served as required by California Rule of Court 3.221.

C. ADR Participation

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

D. ADR Assessment at Case Management Conferences

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

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prior to the date set for a Further Case Management or Trial Setting
Conference.

E. ADR Neutral Panels

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

F. Notice of Settlement

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

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

A. Judicial Arbitration

Any civil case shall be submitted to judicial arbitration pursuant to this
rule upon order of the court, stipulation of counsel or plaintiff’s election,
where, in the opinion of the court, the amount in controversy does not
exceed twenty-five thousand dollars ($25,000) for each plaintiff in
limited civil case or fifty thousand dollars ($50,000) for each plaintiff in
an unlimited civil case. The parties may stipulate or plaintiff may elect
judicial arbitration where the amount in controversy exceeds fifty
thousand dollars ($50,000) for each plaintiff in an unlimited civil case.
The Judicial Arbitration program is administered by the court under the
provisions of Code of Civil Procedure §§1140.10 through 1141.31 and
California Rules of Court 3.810-3.830.

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

A case may be ordered to arbitration at a Case Management
Conference from information submitted on the Case Management
Conference questionnaire. Long cause cases not ordered to judicial

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arbitration at Case Management Conferences shall be set for trial. If a
referral to the Case Management Conference is desired prior to the
first management conference, the party may so request in the Case
Management Conference Statement and the case may be ordered to
judicial arbitration from the information submitted thereon.

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

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

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

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

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

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

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

A. Civil Mediation Program

The Civil Mediation Program is a court-connected program designed to
deliver high-quality affordable mediation services to attorneys and
litigants in general civil cases. Mediation gives litigants a voice in
settlement decisions and thereby allows them to play a more direct role

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in managing the outcomes of their own cases. The Superior Court of California, for the County of San Joaquin, is pleased to offer this important and valuable option for resolution of litigation.

B. Eligibility

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

C. Stipulation to Mediation

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

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

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

b. The Name of the mediator;

c. Date of the mediation session; and

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

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

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

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

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days from the current date to allow time for the mediation
process to be completed.

3. Filing the Stipulation Following a Case Management Conference

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

D. Selection of Mediator

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

E. Mediator Qualifications

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

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

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

c. Track C: An attorney in good standing with the California
Bar Association AND have completed at least two (2) days
(16 hours) of continuous participatory education or training,

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including role playing in mediation AND have participated
as a mediator or co-mediator in at least fifteen (15)
mediations.

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

2. All mediators must:

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

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

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

F. Mediation Fees

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

G. Confidentiality

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

This rule does not prohibit:

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

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

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

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4. Disclosures as are otherwise required by law.

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

H. Post-Mediation Evaluations and Forms

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

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

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

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

I. Modification to the Program

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

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

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

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

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

A. Neutral Evaluator Panel

The court’s Mediator panel lists experienced attorneys in specific
practice areas, who have the training to serve as a neutral evaluator.
Parties may agree to utilize other attorneys, mediators, or retired
judges who are not on the court’s Mediator Panel to serve as a neutral
evaluator.

B. Payment of Neutral Evaluator

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

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

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

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A. Trial Referee

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

B. Payment of Trial Referee

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

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

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

Expedited Jury Trial matters.

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

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

prior to trial setting.

(Eff. 07/01/17)

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

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

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RULE 4 PROBATE

PART ONE – GENERAL PROCEDURE GUIDE

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

INTRODUCTION

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

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

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

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

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

C. Pleadings / Calendaring

1. Petitions with all supporting papers, except the Notice of Hearing
and or proof of service, shall be on file thirty (30) calendar days
before the hearing date. Failure to file all required paperwork in
the time limits specified in this section, or sections 2 and 3
immediately below, may result in the hearing being continued.

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2. Notice of Hearing and or proofs of service for the initial petition
shall be filed with the Clerk at least ten (10) court days prior to the
day of hearing. Any other proofs of service shall be filed with the
Clerk contemporaneously with the papers to which they pertain,
failure to contemporaneously file a proof of service with a
document shall result in the document being rejected for filing.

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

4. Matters involving the Public Defender, or the Public Conservator,
must be set for hearing Tuesdays or Thursdays only, unless a
stipulation for another day, signed by the Public Defender and or
Public Conservator is filed at the same time as the initial petition.
(Eff. 01/01/20; Rev. 01/01/23; Rev. 07/01/23)

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

Evidence

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

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

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

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

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

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

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

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

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

D. Any matter which by law requires the personal appearance of any
person or any matter which the Court may in its discretion require an
appearance. (Eff. 01/01/20; Rev. 01/01/2023)

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

Whenever it appears that actions or petitions with different numbers have been filed with reference to the same decedent or the same ward or conservatee or the same trust, the court will on its own motion consolidate all of the matters and assign the appropriate case number as the lead number. (Eff. 01/01/11)

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

A. Ex Parte Applications shall include any petition, application, request or
motion. This rule shall apply, as applicable, to Civil Mental Health.

B. Ex parte applications in Probate and Civil Mental Health are non-
appearance matters and are decided on written submissions unless
the court, in its discretion, sets a hearing for a later date. Specific
procedures for an ex parte application can be found on the court’s
website and must be followed.

C. “Notice of Ex Parte Request” Local Form SJPR/MH-008 shall be filed
and served with any ex parte application, unless otherwise stated.

D. The following ex parte applications are exempt from the notice
requirements of this chapter, as well as from Paragraph C above:

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

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

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

E. The Probate Court will not entertain any ex parte application that does
not comply with California Rules of Court 3.1200 through 3.1206, and
is not accompanied by a declaration that makes "an affirmative factual
showing… containing competent testimony based on personal
knowledge of irreparable harm, immediate danger, or any other

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statutory basis for granting relief ex parte." California Rule of Court
3.1202(c).

F. Except as provided in this rule and Rule 3.1204 of the California Rules
of Court, no application for an order shall be made ex parte unless the
applicant shows by written declaration under oath either that a
reasonable effort has been made to give notice to the adverse party or
attorney, that notice would be inappropriate or impractical or would
result in irreparable injury, or that the order would not result in a
significant direct burden or inconvenience to the adverse party.
Mandatory Local Form SJPR-006 “DECLARATION RE NOTICE OF
EX PARTE APPLICATION must be used and if needed form SJPR-
006A “ATTACHMENT TO DECLARATION RE: NOTICE OF EX-
PARTE APPLICATION.”

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

H. The Clerk may reject Ex Parte Applications that do not comply with the
subsections above. (Eff. 01/01/20; Rev. 01/01/23 and 01/01/25)

4-107. LINEAL CHART / HEIR INFORMATION/PROOF OF DEATH (Eff. 07/01/21)

A. Where any petition calls for the relationship of the heirs or devisees,
including but not limited to a Petition for Probate, Petition to Determine
Succession to Real Property, An Affidavit re Real Property of Small
Value or a petition under Probate Code section 850, a chart of lineal
descent must be included. If any beneficiary named in the Will, Trust
or other document has predeceased or post- deceased the testator,
the fact must be stated. The information shall be provided using local
form Lineal Chart A (SJPR-203), Lineal Chart B (SJPR-204) and/or
Lineal Chart C (SJPR-205).

B. Where any petition calls for family members, or heirs and his or her
address to be listed, the individual’s name shall be listed, the
individual’s relationship to the decedent, settlor, conservatee and/or
ward, and where an address would be listed “Deceased” shall be listed
if the individual is deceased. In addition, proof of death is required.
Proof of death can be established by, but is not limited to, a death
certificate, an obituary, or a declaration. (Eff. 01/01/20; Rev. 07/01/22;
Rev. 01/01/2023; Rev. 07/01/23, Rev. 1/1/2025)

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

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

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

C. The Judge’s signature shall appear at the end of the last attachment
with an appropriate indication of that fact on the last page of the body
of the order or decree.

The Judge’s signature should not appear on a page that doesn’t
contain any other text.

D. Proposed Orders or Judgments should be presented to the Clerk’s
Office with the filing of the petition, motion, application or request. (Eff.
01/01/14; Rev. 1/1/2024, Rev. 1/1/2025)

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

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

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

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

B. A courtesy copy of any petition containing an accounting shall be
submitted to the Probate Clerk at the time the original is filed or within
5 court days of filing, if electronically filed, marked in red in the upper

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left-hand corner “Examiner’s Copy.” (Eff. 01/01/20; Rev. 07/01/22; Rev. 01/01/2023 and 01/01/25)

4-110. LAW AND MOTION; TENTATIVE RULINGS

A. A tentative ruling for each law and motion matter on calendar will be available to counsel and litigants on the first court day before the scheduled hearing. The tentative rulings will be posted to the court’s website and can be accessed at: https://www.sjcourts.org/online- services/probate-notes-tentative-rulings/

B. The tentative ruling shall become the ruling of the court unless there is opposition by counsel or self-represented litigants (SRL). Counsel or SRL is responsible for reviewing the tentative ruling and notifying the superior court and all other counsel and SRL no later than 4:00 p.m. on the day preceding the scheduled hearing of his or her intent to appear to argue. The procedures for noticing all parties is provided on the Court’s website at https://www.sjcourts.org/online-services/probate-notes-tentative-rulings/ (Eff.01/01/2023; Rev. 07/01/23 [Former 4-110 Repealed 01/01/20)

4-111. REQUESTING A CONTINUANCE (Eff. 01/01/20)

A. Continuance of initial hearing

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

B. Continuance or dismissal after initial hearing

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

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

C. Contested hearings may be continued by Stipulation and Order

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Before the Stipulation and Order is submitted to the court, Counsel or a
self-represented party must call the courtroom clerk to obtain a new
date. The Stipulation must be signed by all parties who have appeared
in the matter. This is for hearings only; any continuances of a trial or
mandatory settlement conference must be done by a motion and
comply with California Rules of Court, Rule 3.1332.

D. Dropped or Dismissed Matters

Dropped matters must be re-noticed after it has been placed back on
calendar. A matter dismissed without prejudice must be refiled and
noticed anew.

E. Nothing in this rule shall excuse any party from complying with the
notice requirements of the Probate Code or the California Rules of
Court. (Eff. 01/01/20; Rev. 07/01/22)

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

The caption of each pleading shall include the date, time, and the department of the hearing. If the matter has been set for trial, the date of the trial shall also be included. (Eff. 01/01/20; Rev. 07/01/22).

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

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

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

A. Any petitioner requesting an order concerning title to real property held
in whole or in part by the decedent, conservatee, settlor or other party
shall attach to the petition a copy of all deeds by which the decedent,
conservatee, settlor or other party acquired title. Petitions concerning
title shall include, but are not limited to Probate Code 850, Probate
Code 13150 et seq. (Petition to Determine Succession to Real
Property, form DE-310), or Probate Code 13650 et seq. (Spousal or
Domestic Partner Property Petition, form DE-221).

B. Whenever a petition is filed under the authority of Probate Code §850,
et seq, which seeks to establish the owner of an interest in property,
the petition shall plead facts which establish the claimed ownership

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interest, and list the person(s) to be served pursuant to Probate Code
§851, including, but not limited, to the following persons:

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

2. Each known intestate heir,

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

4. The list of persons to be served shall include the individual’s
name, relationship and address.

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

D. If the form of record title is based on a written document, a copy of the
document shall be filed with the petition. (e.g., copy of all relevant
deeds, copy of bank statement(s) or stock certificate(s)/statement(s),
etc.) (Eff. 01/01/20; Rev. 07/01/22)

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

Ordinarily, the court will not allow reimbursement for costs of duplication of documents, telephone calls, postage, FAX (except court charges), convenience fees, parking fees or ordinary mileage incurred by the attorney, personal representative, trustee, conservator, or guardian as these are part of overhead, and should be absorbed in fees or commissions. (Eff. 01/01/20; Rev. 07/01/22)

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

A. In the event of any contest or objection to any petition on the probate calendar, the parties or their respective attorneys shall make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference or video conference, if possible, otherwise by telephone conference, before any hearing of the contested petition.

B. Within 30 days after service of any responsive pleading by the first respondent, and thereafter as each respondent objects and/or opposes, the parties must meet and confer as stated in A above, for the following purposes:

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1. To discuss facts which are presently available to support the allegations of the pleadings filed by each party.

2. To discuss possible settlement of the action including, but not limited to, possible arbitration or mediation.

3. To exchange preliminary schedules of discovery.

C. The parties must file a joint Meet and Confer Statement (parties may use local form SJPR-002) within 45 days after service of the responsive pleading. It will be the responsibility of the petitioner to arrange the conference and to prepare the joint statement, including areas of disagreement. (Eff. 01/01/20; Rev. 07/01/22)

4-117. REMOTE APPEARANCES (Eff. 01/01/22)

A. This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. Notice requirements are set forth in rule 3.672 and below.

B. For all General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause, parties may appear remotely with no notice to the other parties or to the Court. However, when noticing any hearing, motion, application, or request in the probate department, a copy of the local form Instructions and Requirements for Remote Appearance (SJPR-001) must be attached to the Notice of Hearing or served separately and a proof of service completed. The court’s preference is the Instructions and Requirements for Remote Appearance is attached to the Notice of Hearing, rather than filed separately, whenever possible.

C. For all General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause, the Court has a Zoom video platform.

a. The Zoom video platform link and login information, as well as the rules and requirements are listed on the Court’s website as well as in local form SJPR-001. b. Any recording, reproduction, or re-broadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited. c. Nothing in this rule limits the discretion of the judicial officer to require parties to appear in person for General hearings, Law and Motion hearings, Ex Parte hearings, and Orders to Show Cause.

D. For Evidentiary Hearings, Settlement Conferences, Bench or Court Trials, and Jury Trials, parties must appear in person, unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer.

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1. A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Judicial Council Form RA-010) and proposed Order Regarding Remote Appearance (Judicial Council Form RA-020) with the Court no later than ten (10) court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, or Jury Trial.
2. Attached to the Notice of Remote Appearance (Judicial Council Form RA-

10. must be a declaration why remote appearance is being requested.

3. In response to a notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than five (5) court days before the hearing in question.
4. A party must deliver a courtesy copy of any written Notice or Opposition under (1) or (3) listed directly above to Department 11A.
5. If approved, a Zoom video platform will be provided for the parties to appear. The Court will provide the video access meeting link, or require a party to provide notice of the video access meeting link.
6. It is the responsibility of the party who requested the remote appearance to make sure the person(s) appearing remotely is familiar with the Zoom video platform and the rules and requirements of appearing remotely.

E. Even when a remote appearance is allowed or authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record is in question, counsel’s ability to provide effective representation is in question, an interpreter’s ability to provide language access is in question, or for any other reason which constitutes good cause under the circumstances. (Eff. 01/01/22; Rev. 07/01/22; Rev. 07/01/23 and 01/01/25)

4-118. NOTICE INFORMATION

All probate petitions presented to the court, including but not limited to a petition for final distribution, petition for approval of accounting, a petition under Probate Code section 850, must include the names, relationship and address for service for all parties entitled to notice. (Rev. 07/01/22; Rev. 07/01/23)

4-119. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD (Eff. 01/01/13)

When presenting a Motion to Withdraw as Attorney of Record, Notice shall be provided to all beneficiaries as required by Probate Code §1220 in a

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Decedent’s Estate where the withdrawal is being requested due to the fiduciary’s failure to cooperate. (Eff. 01/01/13; Moved from 4-218)

4-120. SANCTIONS (Eff. 07/01/22)

The mandates set forth in these Local Rules are considered lawful orders of the court. Violation of any of these Local Rules may result in the imposition of sanctions pursuant to Code of Civil Procedure section 177.5 for violation of a lawful court order. (Eff. 07/01/22)

4-121. LODGING OF REQUIRED DOCUMENTS

A. All original documents submitted by fiduciaries in support of their Inventory and Appraisals or accounts as required by Local Rules 4-122 or Probate Code 2620(c), including financial account statements, original closing escrow statements, and original residential care facility or long-term care facility bills must be lodged separately from the Inventory and Appraisal or accounting as a confidential document complying with California Rules of Court, Rule 2.100 et seq.

B. The caption page for the document must be the mandated local form SJPR-007 “Financial Document(s) Cover Sheet,” and must include a statement regarding the total number of pages (including the cover sheet) submitted and a declaration by the fiduciary under penalty of perjury stating the documents attached are the originals. If original documents cannot be obtained and copies are lodged in lieu of the originals, a Declaration setting forth the reason why the originals are not available shall be lodged with the copies.

C. To facilitate scanning, the documents must be loosely bound and not stapled.

D. To facilitate return of the original document(s), the fiduciary must submit, at the time of filing, a self-addressed stamped envelope for mailing the document(s) or an attorney service pick-up slip.

E. Documents scanned by the Court shall constitute the Court’s permanent record of such documents. After the documents are scanned, the Clerk is directed to return the documents to the fiduciary. The Court will retain the documents in electronic form only. The fiduciary must retain the originals at least until the order approving the final account is final. (Eff. 01/01/24)

4-122. DECLARATION REGARDING ASSETS ON INVENTORY AND APPRAISAL

A. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a decedent's estate, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order of Partial

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or Final Distribution, Spousal or Domestic Partner Property Order, Affidavit re Real Property of Small Value, Order Determining Succession to Real Property, or Affidavit for Collection or Transfer of Personal Property from the decedent's estate.

B. When a minor or conservatee receives an asset that was the subject of an order under Probate Code 3600 et seq., the guardian or conservator who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the order under Probate Code 3600 et seq.

C. When a minor, conservatee, or decedent's estate receives proceeds as the beneficiary of a life insurance policy, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the check received from the life insurance company.

D. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a deceased conservatee or ward, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order that requires distribution of the asset from the estate of the deceased conservatee or ward.

E. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes property to be appraised by the guardian or conservator or personal representative pursuant to Probate Code 2610(a) and/or Probate Code 8901(c) and (d), they shall concurrently lodge in the manner provided in Local Rule 4-121 the following: 1. For accounts at a bank or other financial institution, account statements as defined in Probate Code 2620(c)(1) for each account showing the account\ balance as of the date of appointment of the guardian or conservator or the decedent's date of death. Submitting an account statement pursuant to this rule satisfies the requirement to file the statement pursuant to Probate Code 2620(c). Any variation between the statement and the balance reflected in the inventory or account that is not otherwise readily understandable from the statement shall be explained by a declaration filed with the lodged documents. 2. For checks, a copy of the check.

F. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes a parcel of real property in California, they shall lodge

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concurrently with the filing of the Inventory and Appraisal a copy of the deed(s) by which the decedent acquired title to the property. (Eff. 01/01/24)

PART TWO – DECEDENT ESTATES

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

In addition to the notice required to be mailed by Probate Code Sections 8110-8113, notice shall also be mailed to all contingent devisees and beneficiaries named in the Will. (Eff. 01/01/08; Rev. 01/01/23; Rev. 07/01/23)

4-202. COPY OF TRUST REQUIRED FOR POUR-OVER WILLS (Eff. 07/01/21)

Where notice is required to be given pursuant to Probate Code section 1208(b), such as where a trust is a beneficiary of a decedent’s estate, the petitioner shall file separately from the petition as a confidential document a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust.

The confidential document shall be filed using the court’s mandatory local form Confidential - Trust Documents Coversheet (SJPR-100) as the cover page. The confidential document shall not be released to any party absent a prior order of the court.

[Eff. 07/01/2021; Rev. 07/01/22; Former 4-202 Repealed 01/01/20]

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

A. A petitioner who files a petition for letters of administration, letters of administration with Will annexed, probate of Will and for letters testamentary, to determine succession to real property, or a spousal property petition must comply with this rule if either of the following is true: 1. The petition requests a finding that the decedent died intestate when a Will and/or codicil has been lodged as an original with the court or a copy of a Will and/or codicil has been otherwise filed with the court. 2. The petition requests probate of or distribution under a Will and/or codicil, and a different Will and/or codicil has been lodged as an original with the court or a copy has otherwise been filed with the court.

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B. The petitioner shall serve a copy of the rejected Will and/or codicil attached to local form Notice of Refusal to Petition for Probate of Will or Codicil (SJPR-202) on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.

C. This rule does not apply if any of the following is true: 1. The petition requests probate of or distribution under a Will that purports to have been executed after the date of rejected Will and/or codicil and that expressly revokes all prior Wills. (Eff. 01/01/20; Rev. 07/01/23)

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

An executor or administrator who has been appointed with full powers under the Independent Administration of Estates but who voluntarily petitions for court confirmation of the sale of real property must meet the requirements for sale by a representative without full authority. (Eff. 01/01/09; Rev. 07/01/23)

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

A. Any application for order approving an exclusive listing agreement with
a real estate broker or agent shall include a completed copy of the
proposed written listing as an attachment. Such application may be
submitted ex parte as an “Order on Matter Not Requiring Hearing” as
described in Local Rule 4-106 E.

B. Upon the confirmation of the sale of real property, justification is
required for any commission in excess of six percent. (Eff. 01/01/20;
Rev. 07/01/23)

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

Any application for family allowance shall include:

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

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

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

4. The date of the application;

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

6. A general statement of other applications (if any) on file for allowances.
(Eff. 01/01/11; Rev. 07/01/22)

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

A. A petition for preliminary distribution shall not be granted unless the
inventory and appraisal has been filed.

B. The petition for preliminary distribution must state:

1. The approximate value of the property remaining in the estate
after the proposed distribution.

2. An estimate of the total amount of outstanding liabilities,
including but not limited to unpaid taxes, unpaid claims and/or
unpaid administration expenses or reimbursements.

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

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

2. The estate is solvent; and

3. The good cause, if any, why bond should not be required,
including that time for filing or presenting claims against the
estate has expired and that all taxes and uncontested claims
have been paid or are sufficiently secured. (Eff. 01/01/11; Rev.
07/01/22; Rev. 07/01/23)

4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION BEFORE A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/11)

A. A petition requesting partial allowance of statutory compensation, before
a petition for final distribution, must contain the following allegations:

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

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

3. A recital of the work actually completed. Ordinarily the last 30
percent of the statutory compensation will not be allowed prior to
the approval of the final accounting

B. The attorney shall submit a declaration attesting to the truth of the
allegations and serve notice of the request and the declaration. (Eff.
01/01/11; Rev. 07/01/22)

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

The status report required by Probate Code Section 12200 shall be made on local form Status Report of Administration (SJPR-201). (Eff. 01/01/20; Rev. 07/01/22; Rev. 07/01/23)

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

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

B. When a specifically devised or bequeathed asset has earned income and/or incurred expenses during probate administration, the form of account shall segregate such income and/or expenses from the general income and expenses of the estate. This may be done by a schedule attached to the accounts and incorporated by reference. (Eff. 01/01/08; Rev. 07/01/22))

4-211. SPOUSAL PROPERTY ELECTIONS (EFF. 07/01/23)

Any written election under Probate Code section 13502 must include a declaration under penalty of perjury by the electing surviving spouse or registered domestic partner, or by the personal representative, guardian, or conservator of their estate acknowledging the following:

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1. That the alternative procedures available pursuant to Probate Code sections 13540, 13541, 13545, 13600, and 13650 have been considered; and

2. That inclusion of the property in the administration of the decedent’s estate could result in probate fees, personal representative commissions, and attorney fees that are higher than if an alternative procedure was used. (Eff. 07/01/23)

4-212. FILING OF DEATH CERTIFICATE (Eff. 01/01/24)

A copy of the decedent’s death certificate, with the decedent’s social security number redacted, shall be filed with a Petition for Probate (Probate Code 7000 et seq), Petitioner to Determine Succession to Real Property (Probate Code 13150 et seq), Spousal Property Petition (Probate Code 13500 et seq), or the lodging of an original Will pursuant to Probate Code 8200(a)(1). (Eff. 01/01/24)

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

A. Petition and Prayer

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

B. Notice of Hearing

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

C. Declaration Regarding Fees

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

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

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

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

4. Comply with the requirements set forth in rule 7.703(c) of the
California Rules of Court if paralegals are used. (Eff. 01/01/20;
Rev. 07/01/22)

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

If the personal representative and the attorney for the personal representative

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

The petition allowing statutory attorney fees must be set for hearing and fifteen (15) days notice thereof must be given to all interested persons. (Eff. 01/01/11; Rev. 07/01/22)

4-215. REQUIREMENTS FOR A PETITION FOR FINAL DISTRIBUTION (Eff. 01/01/14)

Mandatory local form SJPR-208 “REPORT OF PERSONAL
REPRESENTATIVE; PETITION FOR FINAL DISTRIBUTION AND FOR
PAYMENT OF STATUTORY COMPENSATION AND EXTRAORDINARY
COMPENSATION” shall be used for any petition to approve an account
and/or report of a personal representative and any request for preliminary
and/or final distribution. A petition for final distribution shall contain the
following:

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

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

C. A schedule showing the proration of fees and costs, if applicable.

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

D. When applicable, the following allegations should also be included in the petition for final distribution:

1. Distribution to Minor(s)

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

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

2. Distribution to a Conserved Person

A decree ordering distribution to a conservatee shall provide that
the property be distributed to the conservator of the estate. The
conservator of the estate shall sign the distributee’s receipt
identified as the conservator of the estate for the distributee.

3. Distribution to Trust(s)

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

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petition by the personal representative for the appointment
of a substitute trustee.

b. If distribution is to be made to a testamentary trust set up by
the decedent’s Will, the terms of the trust and the powers of
the trustee must be set out in full in the decree of
distribution, and not merely incorporated by reference.
When appropriate, the language of the Will should be
paraphrased in the decree to eliminate references to “my”
and to substitute “the decedent’s”.

4. Distribution to Assignee(s)

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

5. Distribution Pursuant to Agreement

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

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

E. Mandatory Local Form SJPR-208A “ORDER ON REPORT OF
PERSONAL REPRESENTATIVE; PETITION FOR FINAL
DISTRIBUTION AND FOR PAYMENT OF STATUTORY
COMPENSATION AND EXTRAORDINARY COMPENSATION” shall
be used with any petition for final distribution.

(Eff. 01/01/14; Rev. 07/01/22, 07/01/24 and 01/01/24)

4-216. ACCOUNTING FOR RESERVE

If an order for final distribution of an estate of a decedent, ward, conservatee

or trust includes a reserve of more than $1,500.00, an accounting of the

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reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295/GC-395). (Eff. 01/01/24)

4-217. WAIVER OF ACCOUNT (Eff. 01/01/24)

For any waiver of account presented under Probate Code 10954, the person waiving the account shall complete and sign the mandatory local form SJPR- 207 “Waiver of Accounting.” (Eff. 01/01/24)

4-218. "RESERVED FOR FUTURE USE" (4-218 216 Incorporated into 4-215 07/01/22)

PART THREE – SPOUSAL PROPERTY AND SMALL ESTATE PROCEEDINGS

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

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

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

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

In a petition for order confirming the passage of property to the surviving spouse without administration (Probate Code Sections 13650, et seq.), unless specifically devised, the ultimate facts which establish the community character of the property must be stated, including, but not limited to:

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

2. The manner in which the asset was acquired, e.g., purchase, exchange, gift, or inheritance.

   a. If acquired by purchase or exchange, how the source of the consideration was community property.

   b. If acquired by gift or inheritance, how the asset is now community property, e.g., gift or bequest to both spouses, transmutation agreement, etc. (Eff. 01/01/09; Rev. 07/01/22)

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

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

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

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

D. If the original Will and/or codicil is lost, a copy of the lost Will and/or
codicil, or document(s) setting forth the terms of the lost Will and/or
codicil shall be filed as an attachment to the petition. The attachment
shall clearly indicate that the original Will and/or codicil is lost, and
shall be accompanied by a declaration addressing the presumption of
revocation under Probate Code section 6124. (Eff. 07/01/2021; Rev.
07/01/22)

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

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

A. If the decedent died testate, a statement using mandatory local form
Declaration in Support of Affidavit re Real Property of Small Value
(SJPR-206) identifying that the decedent died testate and an executed
copy of the Will; or

B. If the decedent died intestate, a statement using mandatory local form
Declaration in Support of Affidavit re Real Property of Small Value
(SJPR-206) identifying the relationship of the heir(s) which establishes
the affiant’s claim to entitlement. (Eff. 07/01/2021; Rev. 01/01/2023)

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PART FOUR – TRUSTS

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

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

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

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

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

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

D. A professional trustee shall include a licensed Private Professional
Fiduciary, bank, entity authorized to transact business as a trust
company or any public officer or agency of the State of California or
any county within California.

E. Attorney’s fees: In the absence of a formula in the trust for fees of the
attorney, compensation shall be presumed reasonable if one-third of
the professional trustee’s normal fee, as computed in Section C, for a
twelve-month period, or $1,000.00, whichever is greater. If there is a
non-professional trustee, the attorney fee is presumed reasonable if
equal to one-half of the trustee’s normal fee, as computed in Section

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C, for a twelve-month period, or $1,000.00, whichever is greater. If the
account period contains more or fewer than twelve months, the normal
fee will be proportionately increased or decreased.

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

F. An attorney or trustee who seeks greater compensation than the
presumed reasonable fees listed in Section C and or E above shall
provide a detailed declaration, separate from the petition outlining the
requested fees. The petition shall provide the information required in
California Rules of Court 7.776 and provide information similar to CRC
7.702(1)-(6), including if more than one category of services was
rendered, the services must be separately stated and the date and
description of services rendered and the hourly rate of each person
who performed the services and the hours spent by each of them. (Eff.
01/01/20; Rev 07/01/2021)

4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE (Eff. 01/01/09)

A report shall contain:

A. A concise reference to the purpose(s) of the trust and how the purpose
has been satisfied by the trustee during the period of the account.

B. The names and addresses of the beneficiaries (both present and future
interests).

C. A brief summary of any distribution(s) made to or for the benefit of the
beneficiaries, and, in the case of a special needs trust, a brief
summary establishing that the distributions do not disqualify the
beneficiary from public benefits.

D. The investment objectives and results with reference to the purpose(s)
of the trust, when appropriate. This paragraph is always appropriate
and required for a special needs trust.

E. A statement of the percentage rate of return on all property invested.
The purpose of the report is to provide a brief summary of the account
measured in terms of the specific trust objectives and requirements. It
should not merely recite what has been done, but should relate the

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activities reflected in the account to the purposes and persons for
which the trust was created, when appropriate. This paragraph is
always appropriate and required for a special needs trust.

F. In the case of a trust expected to last over a beneficiary’s lifetime, a
statement with sufficient detail establishing that at the current rate of
return and the current rate of distribution the trust corpus will be
preserved for the anticipated lifetime of the beneficiary. For a special
needs trust, a statement of the expected life expectancy of the
beneficiary is also required. Or if the funds will not be preserved for
the anticipated lifetime of the beneficiary, an estimate of how long the
funds will last, and information on what, if anything, is being done to
extend the life of the trust estate. (Eff. 01/01/09, Rev. 07/01/2021;
Rev. 07/01/22)

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

PART FIVE – CONSERVATORSHIP

4-501. APPOINTMENT OF COURT INVESTIGATOR (Eff. 01/01/20)

A. A Court Investigator of the Superior Court for the County of San
Joaquin is automatically appointed to investigate all petitions for
appointment of temporary or general conservator, conservatorship
accountings, and reviews. In these matters no petition for appointment
is necessary. To avoid automatic appointment, a petition to waive
appointment must be filed concurrently with the underlying petition.

B. A courtesy copy is required for any petition that requires a report from
a Count Investigator. The courtesy shall be submitted to Clerk’s office,
marked in red in the upper left-hand corner "Investigator’s Copy," at
the time the original is filed, or within 5 court days of filing if
electronically filed. (Eff. 01/01/20; Rev. 07/01/2021; Rev. 07/01/22;
Rev. 07/01/23)

4-502. CONFIDENTIAL CONSERVATORSHIP QUESTIONNAIRE (Eff. 07/01/2021

A. A Confidential Conservatorship Questionnaire (local form SJPR-300) shall be completed, signed under penalty of perjury, and submitted with all petitions for conservatorship. Each proposed conservator shall sign the Conservatorship Questionnaire. The Conservatorship Questionnaire is used by the court and/or by the Court Investigator to prepare reports

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under Probate Code 2253 or as ordered by the court. The
Conservatorship Questionnaire and the information contained on the
Questionnaire are confidential. The Conservatorship Questionnaire shall
not be released to any party or their attorney absent a court order. The
clerk must maintain the Conservatorship Questionnaire in a manner that
will protect and preserve the proposed conservator’s confidentiality.

B. This rule shall apply to conservatorship cases only and not to
guardianship cases. (Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023;
Former 4-502 Repealed 01/01/20)

4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING (Eff. 01/01/20)

A petition for appointment of temporary conservator, made ex parte in advance of the regularly noticed hearing, must follow Local Rule 4-.106 and any procedures posted on the Court’s website. (Eff. 01/01/20; Rev 01/01/25)

4-504. CONSERVATORSHIP REVIEW (Eff. 07/01/2021)

A. At least 30 days before a review hearing, or by the Due Date ordered by
the Court, the conservator of the person only shall complete and return
the local form Conservatee Status Report-Person Only (SJPR-301.)

B. The conservator of the person and estate or estate only shall complete
and return the Conservatee Status Report-Person & Estate (local form
SJPR-302.

C. This rule shall apply to conservatorship cases only and not to
guardianship cases.

[Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023 and 01/01/25; Former 4-504
Repealed 01/01/20]

4-505 COMPENSATION AND FEES FOR ATTORNEY OF CONSERVATEE OR MINOR (Eff. 01/01/20)

A. Fees of Attorney for a Conservatee or a Minor

1. The Conservator(s) or Guardian(s) or attorney for the
Conservator(s) or Guardian(s) and the attorney for the
Conservatee or Minor shall communicate with each other
regarding the issue of attorney fees for the attorney for the

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Conservatee or Minor. A request for fees for the attorney for the
Conservatee or Minor shall be addressed in all accounts.

2. The court will ordinarily allow a sum not to exceed $1,000.00 as
fees for the attorney for the Conservatee or Minor without specific
itemization. The work covered by this fee includes the review of
the Court Investigator’s report, review of an account, if any,
conferring with the Conservatee or Minor, and a report to the court,
either orally or in writing.

3. If fees for the Attorney for a conservatee or minor is not addressed
in the petition for accounting, an attorney for the conservatee or
minor who requests attorney fees not to exceed $1,000.00 may
make the request by way of Ex Parte Application as follows:

a. The Ex Parte Application must be accompanied by a Notice
of Hearing with a proof of service of mailing of the
application and notice to all parties otherwise entitled to
notice of a petition for fees.

b. The Ex Parte Application must be submitted with the filing
fee required by GC §70657(a)(2), as amended,

c. The Ex Parte Application will be set for hearing on the
court’s Ex Parte calendar on ten (10) days’ Notice. No
appearance will be required at the Ex parte hearing. If there
are any issues at the time of the Ex parte hearing, the court
will continue the matter so that the attorney will have an
opportunity to appear.

d. An Order shall be submitted with the Ex Parte Application. If
there are no Objections to the Ex Parte Application, the
Court will issue the Order for Fees at the hearing. (Eff.
01/01/20; Rev. 07/01/22).

4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED (Eff. 01/01/09)

Ordinarily, neither a minor nor a conserved person may waive an accounting. However, a minor who has attained majority will be permitted to waive a final accounting upon a showing of unusual circumstances, and upon personal appearance in court at the hearing on the petition for termination without an accounting. A conserved person may waive an account upon a showing of competence. (Eff. 01/01/09)

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4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS (Eff. 01/01/09)

A conservator or guardian who has been granted the independent power to sell real property, but who petitions the court for confirmation of sale, must meet the requirements for sale as if the independent power had not been granted. (Eff. 01/01/09; Rev. 07/01/22)

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

A. Documents Which May Have Testamentary Effect

The petition shall be supported by copies of any known documents
which may have testamentary effect or which purport to gift any
property of the conservatee before death. Such documents may be
submitted with a request and proposed order that they be kept under
seal, not to be examined by anyone except the Court except upon
order of the court. The court shall seal any such document for which a
request is made by the party submitting the document.

B. “Community Resource Allowance” and “Minimum Monthly
Maintenance Needs Allowance”

The court will not hear petitions, nor issue orders, regarding
“Community Resource Allowance” or “Minimum Monthly Maintenance
Needs Allowance” unless such petition is accompanied by points and
authorities specifying the jurisdiction and authority of the Probate Court
to hear and decide such matters.

C. The Effect upon the Conservatee

The petition shall set forth the circumstances of the conservatee
should the petition be granted, including, but not limited to, assets
remaining, the projected needs of the conservatee and the manner in
which those needs will be met.

Where a petition seeks transfer of all, or a major portion, of a spouse’s
assets for the purpose of eligibility for public benefits the estate plan of
the receiving spouse for those assets must be set forth for the court.

The documents may be submitted with a request and proposed order
that they be kept under seal, not to be examined by anyone except the
court except upon order of the court. The court shall seal any such

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document for which a request is made by the party submitting the
document.

D. When a trust is created under PC Section 2580 or 3100 the Order shall
provide, as a condition of approval that the Trustee shall commence a
separate trust proceeding with a probate case number in this county by
filing an Acceptance of Trust by Trustee, with a certified copy of the
Order for Substituted Judgment and the Trust attached. This shall be
done within 30 days of the Order being signed. A Receipt of Assets by
the Trustee shall be filed in the new case file along with the
Acceptance of Trust, and the Bond, if there is a bond to be posted
under the terms of the trust. (Eff. 01/01/11; Rev. 07/01/22; Rev.
01/01/2023)

4-509. ALL RULES UNDER PART ONE GENERAL PROCEDURE GUIDE AND PART FIVE – CONSERVATORSHIPS SHALL APPLY TO MENTAL HEALTH CASES REGARDING AN ESTATE Eff. 01/01/25) (Former 4-509 Repealed 01/01/24)

4-510. "RESERVED FOR FUTURE USE" (4-510 Repealed 07/01/22)

PART SIX – PARTICULAR TRANSACTIONS

4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT (Eff. 01/01/09)

Insofar as possible, the requirements of the Probate Code in Article 10, commencing at Section 2580, and the California Rules of Court and the Court’s local rules, shall be applied to Proceedings for Particular Transactions under Chapter Three of Part Six of the Probate Code, commencing with Section 3100. The requirements of the Rules for Substituted Judgment in Conservatorship shall apply to Proceedings for Particular Transactions. (Eff. 01/01/09)

PART SEVEN – GUARDIANSHIP

4-701. GUARDIANSHIP RULES (Eff. 01/01/08)

The rules for conservatorship apply to guardianship insofar as applicable by probate code or stated in the local rules. (Eff. 01/01/08; Rev. 07/01/2022)

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

RELATIVE AND NON-RELATIVE GUARDIANSHIPS OF THE PERSON
AND/OR ESTATE

A. The Confidential Guardianship Questionnaire (SJPR-400) shall be
completed, signed under penalty of perjury, and submitted with all
petitions for probate guardianship. Each proposed guardian shall sign
the Guardianship Questionnaire. The Guardianship Questionnaire is
used by the court and/or by the Court Investigator to prepare reports
under Probate Code 1513 or as ordered by the court. The
Guardianship Questionnaire and the information contained in the
Guardianship Questionnaire is confidential. The Guardianship
Questionnaire shall not be released to any party or their attorney
absent a court order. The clerk must maintain the Guardianship
Questionnaire in a manner that will protect and preserve the proposed
guardian’s and the minor’s confidentiality.

[Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023; Former 4-702 Repealed
01/01/20 (Incorporated into 4-703)]

4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON (Eff. 01/01/09)

A. A petition seeking the temporary appointment of a guardian before the
regularly noticed hearing shall be accompanied by a declaration
explaining the emergency that requires a guardian be appointed before
the regularly noticed hearing.

B. All petitions seeking the temporary appointment of a guardian shall be
treated as an ex parte request.

C. If the Court determines that the petition for a temporary guardianship is
not necessary, the Court will issue an order and send a copy to the
petitioner and/or petitioner’s attorney.

D. If the court determines that a hearing on the petition for a temporary
guardianship is necessary, the Court will send notice to the petitioner
and/or petitioner’s attorney. The attorney or petitioner must then serve
a copy of the notice on those required to receive notice and file a proof
of service with the court.

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E. If the request for a temporary guardianship is granted ex parte, and a
hearing on the permanent guardianship is more than 30 days away, a
hearing to reconsider the temporary guardianship will be set by the
Court and notice provided to the petitioner and/or the petitioner’s
attorney. The attorney or petitioner must then serve a copy of the
notice on those required to receive notice and file a proof of service
with the court.

F. The court does not routinely grant temporary guardianships that will
result in a change of custody. Child Protective Services of the San
Joaquin County Human Services Agency and peace officers have the
authority to remove children in an emergency and should be contacted
if an emergency exists.

(Eff. 01/01/20; Rev. 07/01/22)

4-704. GUARDIANSHIP OF PARTICULAR PROPERTY (Eff. 01/01/09)

Proposed orders and letters must specifically identify the property to which the guardianship is limited. (Eff. 01/01/09)

PART EIGHT – MINORS COMPROMISE

4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS (Eff. 01/01/20)

It is the duty of the attorney to assure that funds are deposited in accordance

with the order approving compromise. Attorney’s fees shall not be paid until a receipt, declaration and/or other documentation required by the court confirming adherence to the order approving compromise is filed with the court. (Eff. 01/01/20; Rev. 07/01/22)

4-802. SETTLEMENTS WITH AN ANNUITY (Eff. 01/01/11)

Where the settlement includes the purchase of a single premium deferred annuity, an exemplar of the proposed annuity contract and schedule of payments to be made must be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor’s or the disabled person’s estate. The rating of the company issuing the annuity shall be disclosed in the petition. (Eff. 01/01/11)

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4-803. SETTLEMENTS CREATING A TRUST (Eff. 01/01/20)

Where the settlement includes establishment of a special needs trust, or other
trust:

A. In all cases where a petition to approve the compromise of a claim of a
minor or person with disability filed under Probate Code section 3600
et seq. proposes to have the settlement funds distributable to the minor
or person with disability administered under a special needs trust or
other trust, as provided in Probate Code section 3602, 3604 or 3611,
the petition to establish the special needs trust or other trust must be
filed under a separate case number, for approval concurrently or
before the Minors Compromise. No payment or transmittal of the
proceeds of the settlement agreement or judgment distributable to the
minor or person with disability shall be made to the trustee until the
special needs trust or other trust has been approved for establishment.

B. The order approving the settlement shall provide, as a condition of final
approval of the settlement, that the trustee shall file an Acceptance of
Trust and receipt of funds within 30 days of the order being filed. (Eff.
01/01/20; Rev. 07/01/22)

4-804. ATTACHMENT LIMITS (Eff. 07/01/21)

A. The attachments to any Petition or Expedited Petition for compromise
for a minor or incapacitated person shall not exceed 50 pages, without
authorization from the court, or falling under Paragraph B below.

B. If the Petition requests the settlement be distributed to a special needs
trust, the attachments shall not exceed 100 pages, without
authorization from the court.

C. Attachments shall include any declaration and/or supplement either
attached or filed separate to the Petition or Expedited Petition. Any
petitions with attachments received in excess of the page limits set
forth above, without authorization, shall be rejected.

D. The Petitioner may apply to the court ex parte with notice of the
application to the other parties for permission to submit additional
pages. The ex parte application is not required to have a memorandum
of points and authorities.

E. The requested additional attachments shall not be attached to the ex
parte application, any declaration or memorandum. Instead, the ex

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parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and the number of pages in the additional attachment. Without this prior approval, the court will not consider any attachments exceeding the page limits set forth in Paragraph A or B above. [Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023 Former 4-804 Repealed 01/01/20]

PART NINE—CIVIL MENTAL HEALTH, INCLUDING LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS, WRITS OF HABEAS CORPUS SEEKING RELEASE FROM A MENTAL HEALTH FACILITY, AND RIESE HEARINGS SEEKING AN ORDER FOR INVOLNTARY MEDICATION

4-901. INTRODUCTION (Eff 01/01/25)

The Civil Mental Health Division operates in the Probate Department. All documents filed in connection with a Lanterman-Petris Short (“LPS”) Conservatorship, writ of habeas corpus to be released from a facility, or a Riese hearing seeking an involuntary medication order shall be filed with the clerk of the court in the Probate Division. The local rules set forth in 4- 101 through 4-804, however, do not apply unless otherwise specified.

4-902. USE OF FORMS (Eff 01/01/25)

The court requires that counsel and self-represented litigants use the latest version of the printed forms approved by the Judicial Council, especially if it is a “Mandatory Use Form”. If a form cannot be used because it is not a “Mandatory Use Form” or otherwise does not comport with the relief requested, counsel must prepare their own forms or documents, which shall comply with California law.

4-903. LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIPS (Eff 01/01/25)

A. Unless the Court for good cause otherwise orders, not less than five (5) days
before the appointment of a temporary LPS conservator, the Public Guardian
shall personally serve notice of the proposed ex parte application and any
other supporting documents seeking the appointment of a temporary LPS
conservator on the Public Defender’s Office. Proof of service must be on file
with the Superior Court clerk’s office before any request is reviewed by the
Court.

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B. If the LPS conservatorship is terminated, the Public Conservator shall
prepare the order terminating the conservatorship and file it with the court. If
the matter involves a private conservator, the private conservator shall
prepare the order terminating the conservatorship and file it with the court.

C. Any proposed order submitted that grants a LPS conservatorship shall state
the level of placement for the conservatee as ordered by the Court.

D. Except where there is an order setting the date, the moving party may
schedule a hearing in the Superior Court clerk’s office in the Probate Division
when the moving papers are filed (subject to mandatory time provisions of
statutes and Rules of Court). Motions, petitions, and other requests for relief
in LPS matters are heard Mondays, Wednesdays, and Fridays at 8:45a.m. or
9:00a.m. When submitting the moving papers for filing, please have at least
three (3) dates (within the proper time provisions) for the clerk to check for
availability. Proof of service must be on file with the Superior Court Clerk’s
office before the scheduled hearing.

4-904. WRITS OF HABEAS CORPUS AND RIESE PETITIONS (Eff 01/01/25)

A. It is assumed that time is of the essence in each writ of habeas corpus and
petition for a Riese hearing. The physician or treating facility shall deliver,
electronically file, or fax the required documents to the court in order to
calendar a hearing. The court will calendar all writs of habeas corpus and
Riese hearings upon receipt and timely filing of the requisite documents.

B. Hearings on writs of habeas corpus will be conducted within two court days of
the filing of the writ as follows: Petitions filed on Mondays and Tuesdays by
11:30a.m. will be heard on Wednesdays at 8:45a.m. or 9:00a.m.; Petitions
filed on Wednesdays and Thursdays by 11:30a.m. will be heard on Fridays at
8:45a.m. or 9:00a.m; Petitions filed on Fridays by 11:30a.m. will be heard on
Mondays at 8:45a.m. or 9:00a.m. Any hearing date that falls on a judicial
holiday will be heard on the next court day.

Hearings on Riese petitions will, to the extent possible, follow the same
schedule as set forth in 4-904 B.

Any writ of habeas corpus or Riese petition filed after 11:30a.m. on the
days designated herein shall be treated as if they were filed on the
next day and shall be calendared accordingly.

The Riese petition seeking an involuntary medication order must be
filed with a proposed order.

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C. The treating mental health facility shall notify family members or any
other person designated by the patient, of the time and place of the
hearing on the writ, unless the patient requests that this information not
be provided as set forth in Welfare & Institutions Code Section 5276.
The patient shall be advised by the facility that is treating the patient
that he or she has the right to request that this information not be
provided. The physician or treating facility shall notify the patient’s
attorney and the Court at the writ hearing that compliance with this
provision has been met

4-905. REQUESTS FOR INTERPRETERS (Eff 01/01/25)

The physician or treating facility shall notify the court of the need for an interpreter when one is needed at any hearing.

RULE 5 JUVENILE

5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS (Eff. 07/01/98)

A. All discovery shall be by State Rules of Court (Rule 1420), there shall
be no discovery by Code of Civil Procedure. Title III of Part IV §1985
et seq., except as provided in this rule.

B. Without further order, parties have leave to use §2020(d), the
deposition subpoena, for copying of business records. This use is
limited to health care providers, excluding mental health providers,
without further order of the court. Notice under § 1985.3, where the
consumer is the minor subject of the dependency action, shall be given
to Department of Child Protective Services of the Human Service
Agency of San Joaquin County in addition to the person or persons
specified in §1985(b)(1).

C. Order for further use of provisions of Title III, shall be sought by motion
for pre-hearing discovery, as set forth in State Rules of Court (Rule of
Court 1420 § (f)).

D. Motions for pre-hearing discovery, under the State Rules of Court,
shall be made upon five (5) judicial day notice to all parties and shall
be heard on a Monday, Tuesday, Thursday or Friday, at 8:30 a.m., in
the dependency department or other department where the otherwise
next hearing is scheduled. Motions for discovery shall be in writing
and shall be accompanied by a declaration affirmatively alleging,

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where appropriate, (i) a timely and specific request, (ii) a specific refusal or circumstances reasonably implying a refusal al to produce, and (iii) that the moving party has met the other party and conferred in good faith. (Eff. 07/01/98)

5-200. EX PARTE APPLICATIONS

A. Except as provided in this rule, no application for an order shall be
made ex-parte unless the applicant shows by written declaration, or
statement under oath, that a reasonable effort has been made to give
notice to all other parties, who have appeared in the matter, or that
notice would be inappropriate or impractical or would result in
irreparable injury, or that the order would not result in a significant
direct burden or inconvenience to any other party.

B. This rule shall not apply to applications for protective custody warrants
for dependent minors. (Eff. 07/01/98)

5-300. PETITIONS TO MODIFY (§388 W&I) (Eff. 07/01/98)

A. Notice of the application for modification, pursuant to rule 8-200, shall
be made to all counsel of record and to any parent appearing in pro
per.

B. Application shall be made to the Court in a timely manner following
discovery of the circumstances alleged to support the petition to
modify, and in no event, at a later time which prejudices any party.
Applications requesting return of a minor to a parent shall be made not
less than 20 judicial days before any previously set hearing pursuant to
§366.26 W&I. Where hearing for any petition is requested within 20
judicial days, good cause must be shown in a supporting declaration.

C. Where hearing is granted:

1. Evidence for the case-in-chief of the requesting party shall be,
and for any responding party may be, by declaration, or, in the
case of the petitioner being the requesting party, by report of the
probation officer/social service worker.

2. The hearsay statements of the declarations, or report, shall not be
sufficient to support the petition unless admissible over objection
in a civil action or unless the hearsay declarant is made available
for cross examination. The requesting party shall produce the
hearsay declarant at the hearing upon written notice by any other

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party, personally served 10 days prior to hearing or within two
judicial days of receipt of the declarations, whichever is later. The
responding parties shall produce their hearsay declarant at the
hearing upon written notice by any party, personally served five
judicial days prior to the hearing or within two judicial days of
receipt of declarations whichever is later.

3. The requesting party shall serve the petition, order for hearing
and supporting declarations, or report, on all parties ten judicial
days before the hearing, if by personal service or fifteen judicial
days, if by mail. Responsive declarations, or report, shall be
served five judicial days before the hearing, if personally served,
or ten judicial days, if by mail. (Eff. 07/01/98)

5-400. GENERAL COMPETENCY REQUIREMENT (Eff. 07/01/98)

Every party in a dependency proceeding who is represented by an attorney is entitled to competent counsel. Because juvenile justice is a specialized area, court-appointed attorneys must meet minimum training and continuing legal education standards as a condition of their appointment in juvenile court matters. Attorneys who seek to represent or to continue to represent individuals in juvenile dependency proceedings shall obtain and comply with the competency rules promulgated by the San Joaquin County Bar Association and as set forth in Rule of Court 1438. (Eff. 07/01/98)

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

5-402. SCREENING FOR COMPETENCY (Eff. 07/01/98)

Effective July 1, 1996, all attorneys who represent parties in dependency court proceedings shall meet minimum standards of training and experience as set forth in Rule of Court 1438(b). (Eff. 07/01/98)

5-403. REPRESENTATION OF MINORS (Eff. 07/01/98)

A. Non-public agency attorneys who wish to be appointed to represent
minors must comply with additional minimum requirements as
promulgated by the San Joaquin County Bar Association and approved
by the Juvenile Dependency Court Judge.

B. Non-public agency attorneys who wish to be appointed to represent
minors must so inform the San Joaquin County Bar Association and
the Juvenile Dependency Court Judge.

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C. Non-public attorneys who do not wish to be appointed to represent
minors need not comply with these additional requirements. (Eff.
07/01/98)

5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT (Eff. 07/01/98)

Each attorney must complete a minimum of continuing education hours each year as set forth in Rule of Court 1438(b). (Eff. 07/01/98)

5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 (Eff. 07/01/98)

a) If an attorney fails to comply with Rule 5-403, the Juvenile Dependency
Court Judge shall no longer appoint said attorney to represent minors
in Juvenile Dependency Court until the requirements set forth in Rule
5-403 have been satisfied by that attorney.

b) If an attorney fails to comply with Rule 8-404, the Juvenile Dependency
Court Judge shall no longer appoint said attorney to represent parties
in Juvenile Dependency Court until the requirements set forth in Rule
8-404 have been satisfied by that attorney. (Eff. 07/01/98)

5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS (Eff. 07/01/98)

A. Lawyer Referral Service Panel attorneys must also comply with the
rules and regulations of the San Joaquin County Lawyer Referral
Service in order to qualify for and to maintain their current standing
with said organization.

B. Lawyer Referral Service Panel attorneys receive appointments and
service on the Panel at the pleasure of the Superior Court. (Eff.
07/01/98)

5-407. APPLICATION OF THESE RULES (Eff. 07/01/17)

Rules 5-400 through 5-409 apply to whatever organization, law firm or entity, whether a group or individual, which holds the contract with the San Joaquin Superior Court to represent clients in Juvenile Dependency Court. (Eff. 07/01/17)

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5-408. ATTORNEY COMPLAINT PROCESS (Eff. 07/01/98)

Parties shall be informed of the process to voice a complaint about attorney performance within 30 days of their first court appearance in the Juvenile Dependency Court and when a complaint is lodged with the court, the court shall take appropriate action. (Eff. 07/01/98)

5-409. MINOR’S INTERESTS IN OTHER PROCEEDINGS (Eff. 07/01/98)

When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98)

5-410. THE ADVOCATE PROGRAM (Eff. 01/01/03)

When a minor who is the subject of a Juvenile Court Dependency case has an interest in any other proceedings which may need to be protected, such interest shall be immediately brought to the attention of the Juvenile Court so that appropriate action may be taken pursuant to Rule of Court 1438(d). (Eff. 07/01/98)

5-411. CHILD ADVOCATES (Eff. 01/01/03)

A. Advocates’ Functions

Advocates serve at the pleasure of the Court having jurisdiction over
the proceeding in which the advocate has been appointed. In general,
an advocate’s functions are as follows:

1. to support the child throughout the Court proceedings;

2. to establish a relationship with the child to better understand his
or her particular needs and desires;

3. to communicate the child’s needs and desires to the Court in
written reports and recommendations;

4. to identify and explore potential resources that will facilitate early
family reunification or alternative permanency planning;

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5. to provide continuous attention to the child’s situation to ensure
that the Court’s plans for the child are being implemented;

6. to the fullest extent possible, to communicate and coordinate
efforts with the case manager (probation officer/social worker);

7. to the fullest extent possible, to communicate and coordinate
efforts with the child’s attorneys; and

8. to investigate the interests of the child in other judicial or
administrative proceedings outside Juvenile Court; report to the
Juvenile Court concerning same; and, with the approval of the
Court, offer his/her services on behalf of the child to such other
courts or tribunals.

B. Sworn Officer of the Court

An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge/Referee/Commissioner before beginning his/her duties and shall subscribe to the written oath set forth in Exhibit A attached hereto.

C. Specific Duties

The Court shall, in its initial order of appointment, and thereafter subsequent order as appropriate, specifically delineate the advocate’s duties in each case, which may include independent investigation of the circumstances of the case, interviewing and observing the child and other appropriate individuals, reviewing appropriate records and reports, consideration of visitation rights for the child’s grandparents and other relatives, and reporting back directly to the Court as indicated. If no specific duties are outlined by

Court order, the advocate shall discharge his/her obligation to the child and the Court in accordance with the general duties set forth in these rules.

Procedures in Dependency Cases (W & I §300)

1. A request for appointment of a child advocate in a dependency
case may be made orally or in writing in open court or ex-parte
by the social worker, any party to the case, or by the Court on its

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own motion. Unless there is opposition, the referral shall be
forwarded to the child advocate office for screening and
assignment.

2. When an appropriate child advocate has been identified, that
person’s name shall be submitted to the Court for appointment.

3. Any party to the case may petition the court for a hearing to
reconsider the appointment.

4. The child advocate serves at the pleasure of the Court, and the
appointment of the child advocate may be terminated by the
Court. Any party or the Director of the Child Advocate Program
may file a motion for termination of a child advocate. The Court
will determine whether there will be a hearing on such a motion.

D. Any child advocate with a grievance concerning termination may
petition the Court for a hearing. Such petition shall include facts
indicating that the child advocate has exhausted all remedies available
to him or her within the Child Advocate program. The Court will
determine whether there shall be a hearing on such a petition. (Eff.
01/01/03)

5-500. RELEASE OF INFORMATION TO ADVOCATE (Eff. 01/01/03)

A. To Accomplish Appointment

To accomplish the appointment of an advocate, the
Judge/Referee/Commissioner making the appointment shall sign an
order granting the advocate the authority to review specific relevant
documents and interview parties involved in the case, as well as other
persons having significant information relating to the child, to the same
extent as any other officer appointed to investigate proceedings on
behalf of the Court.

B. Access to Records

An advocate shall have the same legal right to records relating to the
child he/she is appointed to represent as any case manager (social
worker or probation officer) with regard to records pertaining to the
child held by any agency, school, organization, division or department
of the state, physician, surgeon, nurse, other health care provider,

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psychologist, psychiatrist, mental health provider or law enforcement
agency. The advocate shall present his or her identification as a
Court-appointed advocate to any such record holder in support of
his/her request for access to specific records. No consent from the
parent or guardian is necessary for the advocate to have access to any
records relating to the child.

C. Report of Child Abuse

An advocate is a mandated child abuse reporter per Section 11166 of
the Penal Code.

D. Communication

There shall be ongoing, regular communication concerning the child’s
best interests, current status, and significant case developments
maintained among the advocate, case manager, child’s attorney,
attorneys for parents, relatives, foster parents and any therapist for the
child. (Eff. 01/01/03)

5-501. RIGHT TO TIMELY NOTICE (Eff. 01/01/03)

In any action concerning the child for whom the advocate has been appointed, the moving party shall provide the advocate timely notice. (Eff. 01/01/03)

5-502. CALENDAR PRIORITY (Eff. 01/01/03)

In light of the fact that advocates are rendering a volunteer service to children and the Court, matters on which they appear should be granted priority on the Court’s calendar, whenever possible. (Eff. 01/01/03)

5-503. VISITATION THROUGHOUT DEPENDENCY (Eff. 01/01/03)

An advocate shall visit the child regularly until the child is secure in a permanent placement. Thereafter, the advocate shall monitor the case as appropriate until dependency is dismissed. (Eff. 01/01/03)

5-504. FAMILY LAW ADVOCACY (Eff. 01/01/03)

Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code Section 362.4, the advocate’s appointment may be

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continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. (Eff. 01/01/03)

5-505. RIGHT TO APPEAR (Eff. 01/01/03)

An advocate shall have the right to be present and be heard at all Court hearings and shall not be subject to exclusion by virtue of the fact that he/she may be called to testify at some point in the proceedings. An advocate shall not be deemed to be a “party”, as described in Title 3 of Part II of the Code of Civil Procedure. However, the Court, in its discretion, shall have the authority to grant the advocate amicus curiae status, which includes the right to appear with counsel. (Eff. 01/01/03)

5-506. DIRECT CALENDARING OF JUVENILE DELINQUENCY CASES (Eff. 01/01/18)

A. All matters falling within the provisions of Welfare & Institutions Codes
section 602 shall be subject to direct calendaring assignment to a
judicial officer for all purposes at the time of the filing of a Petition.
Upon their filing, cases will be assigned randomly to one of the
designated juvenile delinquency departments. Except as otherwise
provided by law, the judicial officer assigned to that department will
thereafter handle all proceedings involving the matter through
termination of jurisdiction, unless otherwise ordered. Nothing herein
shall be construed to interfere with the authority of the Presiding
Judge, and/or the Presiding Judge of the Juvenile Court to assign or
reassign cases as may be necessary for the prompt and efficient
disposition of matters coming before the juvenile court. In cases
involving alleged co-participants, the courtroom of first appearance will
handle the matter through disposition of all alleged co-participants
arraigned concurrently on the matter.

B. At the time of the initial filing of the Petition, the Clerk’s office shall affix
to the face of the Petition by stamp or other writing, the following
notice:

“This case has been assigned to Judge ______________ in
department ___ for all purposes, including trial”.

(Eff. 01/01/18)

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5-507. RECIPROCAL DISCOVERY (Eff. 07/01/06)

The reciprocal discovery rules set forth in Penal Code sections 1054, et. seq., shall apply to all juvenile delinquency cases in San Joaquin County. California Rule of Court 5.546 shall also govern discovery in juvenile delinquency cases. (Eff. 07/01/06, Rev. 1/1/2025)

RULE 6 ELECTRONIC FILING

All parties filing documents electronically are referred to and shall also comply with all requirements and conditions for electronic filing (eFiling) and service as set forth in Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250- 2.261 and 3.110(f)(4), unless this court’s local rules provide otherwise. This rule shall apply to all eFiling regardless of the division and/or department, unless this court’s local rules provide otherwise. The filing of electronic documents must be affected using the court’s electronic service provider.

1. Case Types Subject to Electronic Filing:

   A. Effective January 1, 2020, San Joaquin County Superior Court allows the electronic filing of documents for specific case types as listed on the court’s website at www.sjcourts.org. Case types excluded from e-filing can also be located on the court’s website.

   B. Additional case types may be phased in over time. Please refer to the court’s website for current listings.

2. Documents Subject to and Excluded from Electronic Filing:

   A. Please refer to the court’s website for the current list of documents permitted to be filed electronically and excluded from electronic filing. If a document is not listed as accepted or excluded, contact the Clerk of the Court in the applicable division for clarification.

   B. Documents and other materials that are not feasibly converted to electronic form by scanning or imaging shall not be electronically filed.

   C. Additional documents may be phased in over time. Please refer to the court’s website for updates.

3. Format of eFiled Documents:

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A. All electronic filed documents must be in electronic text searchable PDF
format. There is not a limit on the number of pages a document can
contain, unless prohibited by another rule.

B. Documents containing exhibits must be bookmarked. An electronic
bookmark must be created for each exhibit, and between each exhibit a
slip sheet must be inserted containing identification of the following exhibit.
For example, a page where the words printed are “Exhibit A” or Exhibit B”
or other appropriate identification.

4. Acceptance or Rejection of Filing:

   A. Documents electronically submitted to the court for filing may be reviewed by the clerk for certain data elements and/or completeness. Documents are not considered “filed” until they have been accepted by the reviewing clerk.

   B. If after review by the clerk, a document electronically submitted to the court is subsequently determined to be unacceptable for filing; a Notice of Rejection specifying the reason(s) will be generated and provided to the filer. After addressing the issues, it is the sole responsibility of the filer to resubmit the document(s) with payment electronically if they choose to, if the basis for rejection was not due to the document being on the exclusion list.

5. Confirmation of Submission:

   A. The confirmation of submission, subsequent resubmission of rejected documents with corrections and/or fees, as well as the filing of documents with the court electronically is the sole responsibility of the filer. In the absence of confirmation of receipt and filing, there is no presumption that the court received and filed the document.

6. Sealed Documents:

   A. A motion to file documents under seal may be filed electronically. However, documents lodged with the Court Conditionally Under Seal, as provided in CRC 2.551(d), shall be served and submitted to the Clerk of the Court in paper form, pending hearing on the motion to seal.

   B. Documents ordered filed under seal cannot be electronically filed and must be submitted directly to the Clerk of the Court in paper form, compliant with CRC 2.551(d), if not previously lodged under seal.

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7. Confidential Documents:

   A. Except as provided in CRC 2.250-2.259 and 2.500-2.506, an electronically filed document is a public document at the time it is filed unless it is ordered sealed under CRC 2.551(b) or filed as a confidential document pursuant to law. (CRC 2.254(c))

   B. The filer is responsible for redacting any personal identifiers, privileged or confidential information when applicable. The clerk will not review the documents for compliance.

8. Fees and Fee Waivers:

   A. Electronic Service Providers may charge a reasonable fee in addition to any filing fees required by the Court. There is no service fee charged if the document does not require a filing fee. The Court will not add an administrative fee for eFiling. Refer to the information under Payment on the court’s website for additional information.

   B. A party who has an active fee waiver on file in a case or is granted a fee waiver from the Court is exempt from the fees and costs associated with electronic filing.

   C. If a request for fee waiver is not granted, the filer will be notified and given the opportunity to submit payment. The filer will have 10 days to comply with the Order on Fee Waiver or the filing will be voided. (GC 68634(g)). (Eff. 01/01/20)

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

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

RULE 7 FAMILY LAW

7-100. EMERGENCY ORDERS (Eff. 07/01/18)

All parties must comply with California Rules of Court, Rule 5.151 through

Rule 5.170 when submitting emergency requests. The requests shall be limited to those specified in subsection (b) of Rule 5.151 and must be in writing. The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.165 and must include the Temporary Emergency (Ex Parte) Orders (form FL-305) with their pleadings. (Exhibit A is revoked effective July 1, 2018.) (Rule 7-100 amended effective

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July 1, 2018; adopted as Rule 7-100 effective July 1, 1998; amended effective January 1, 2014.) (Eff. 07/01/18)

7-101. ORDER EXCLUDING A PARTY FROM THE HOME (Eff. 07/01/98)

A temporary restraining order enjoining a party from the use of the family home will not be granted unless the request is supported by a declaration setting forth a factual basis showing immediate and serious harm. Said declarations shall state, in detail and in competent evidentiary form, the time and place of the act or acts and the exact injuries suffered by the moving party. The moving party has the burden of convincing the court an ex-parte order is an appropriate alternative to an order shortening time. (Eff. 07/01/98)

7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS (Eff. 01/01/14)

A. Any motion, petition or request for order, or response thereto involving
an issue of child custody, visitation, child support or domestic violence
shall contain a statement notifying the Court and parties of any action
which involves the children or the parties concerned in the motion,
petition or request for order which is pending in any other jurisdiction or
in the juvenile court. Such information shall include the name and
location of the court, the file number therein, the statutory basis for said
action and a copy of the most recent order made in the action.

B. At the hearing on the motion, petition, or request for order, the parties
shall call to the attention of the Court any action pending or jurisdiction
taken by the Juvenile Court subsequent to the filing of the motion,
petition, request for order.

C. In addition, hereto, every moving party or counsel must disclose to the
Court the existence of any prior applications for relief similar to that
requested in the current moving paper of which said moving party or
counsel have knowledge. (Eff. 01/01/14)

7-102.5. DECLARATIONS SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER (Eff. 01/01/19)

All declarations supporting and responding to a Request for Order, a Domestic

Violence Restraining Order (DVRO), and an Elder Abuse Restraining Order (EARO) must comply with California Rules of Court, Rule 5.111. A party shall be permitted to file no more than one (1) declaration in support of or in response to a Request for Order, and one (1) reply declaration (in response to the responsive declaration is permitted if necessary.) No additional declarations

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(surrebuttal) may be filed until the matter has been continued for a review hearing 60 days or more from the date the matter was initially heard. In such cases, declarations should raise only issues not raised in previous filings. Any evidentiary documents attached to declarations shall not exceed 10 pages in length. However, a party may apply to the court ex parte with notice of the application to the other parties for permission to submit additional pages. The requested additional pages shall not be attached to the separate ex parte application. The ex parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and must comply with California Rules of Court, Rule 5.151. Without this prior approval, the court will not consider any attachments exceeding 10 pages or multiple declarations. Parties should not attach copies of pleadings already contained in the Court file to any new pleading. This rule shall not apply to discovery motions. (Rev 07/01/2023)

7-103. MEET AND CONFER REQUIREMENT (Eff. 01/01/14)

A. All parties and all attorneys are required to meet and confer prior to a
case being heard on the family law calendar.

B. Before the parties are eligible for mediation, it is required that they
meet and confer. The sole purpose in requiring them to meet and
confer is to allow them an opportunity to work out a plan for the sharing
of time and responsibility for the raising of their child or children, i.e.,
formulate their own parenting plan.

It is expected that any attorney who represents either the mother or
father will meet with the other side in order to determine what issues
can be resolved by agreement and what issues are really contested.

C. Attorneys must meet with the opposing side even if the other side is
not represented by an attorney. A bona fide attempt must be made to
settle all issues prior to mediation.

D. Parties not having attorneys must still meet and confer. If either side is
not represented by an attorney, they are still required to meet with the
other side in order to try to resolve the parenting plan. A party who is
not represented must remember that meeting and discussing the case
with the other side does not mean that they must make an agreement,
they must simply make an honest attempt to settle all the issues they
can and determine the issues that are contested.

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E. Complete meet and confer required. In order to expedite the process, it
is required that even if a complete settlement is not possible, all issues
should be discussed even if only conditional agreements are made.
For example, if the parties cannot agree, they should determine how
holidays will be shared and what shared time they would have if they
were not granted the primary custody of the child or children.

F. Parties must exchange three days prior to the hearing all documentary
evidence that is to be relied upon for proof of any material fact at the
hearing. This requirement does not apply to documents used primarily
for rebuttal or impeachment purposes (Eff. 01/01/14)

7-104. MEDIATION (Eff. 01/01/14)

A. In any mediation pursuant to Family Code §3183, the mediator may
make an oral or written recommendation as requested by the court,
and at the request of a party or attorney, the mediator shall be subject
to cross-examination.

B. No peremptory challenge of a mediator is permitted.

C. A party may challenge a mediator for good cause by the filing of a
formal motion to disqualify a mediator. The court shall continue the
date of any mediation to allow the filing of a motion to disqualify. The
court shall shorten time for a hearing on a motion to disqualify a
mediator upon the request of either party.

D. A mediator may decline to mediate a case in the event the mediator
determines he or she cannot be unbiased or has a conflict that would
prevent a meaningful mediation.

E. Ex-parte communication with Court mediators by any party or attorney
to the action is prohibited, except for limited contact necessary to
schedule or continue hearings, mediation sessions and/or testimony of
mediators at trial or hearing.

F. The purpose of mediation is to facilitate an agreement between the
parents. If counsel attends a mediation session, they shall do so in a
support capacity and not to advocate for a position. The mediator may
exclude either or both counsel from a mediation session if in the
discretion of the mediator such exclusion will facilitate the mediation
process.

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G. When any request for order is filed placing custody and/or visitation at
issue, the parties are required to attend an orientation session
provided by Family Court Services prior to the court date on the
request. Non-compliance may result in the case being continued until
such time that the parties have attended the required orientation. (Eff.
01/01/14)

7-105. SUPPORT (Eff. 01/01/14)

These guidelines have been adopted to comply with the California Family
Code operative January 1, 1994.

The Court will determine the appropriate amount of child support and
discretionary spousal support according to the Santa Clara County guidelines
and the Code.

(a) These guidelines are not intended to limit the Court's discretion
concerning spousal support except as otherwise provided by the Code
or other applicable case and statutory law.

(b) The Court will take all circumstances into consideration (e.g., reduced
expenses because of income of a new spouse or cohabitors) to the
extent permitted by the Code.

(c) Concurrently with filing, and responding to, a request for order to
establish or modify child and/or spousal support, each party shall
provide the other, in addition to the information and documents
required by the Family Code and Rules of Court, each party’s complete
most recently filed tax return. (Eff. 01/01/14)

7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS (Eff. 01/01/21)

A Custody Evaluator, appointed by this Court pursuant to Evidence Code
§730, shall be permitted to testify remotely in accordance with the following
terms and conditions:

a) The Custody Evaluator shall have prepared a written report.

b) The proponent of the testimony shall arrange for a videoconference
that shall allow the Custody Evaluator to be seen, hear the Court and
Counsel, and speak to the Court and Counsel.

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c) The proponent of the testimony shall pay the expense of the
videoconference, and shall have a videographer present during the
testimony to ensure that the videography equipment functions properly.
Any and all equipment necessary to perpetuate the testimony shall be
provided by the proponent.

d) Notice of intent to introduce testimony by videography must be given in
writing by the proponent at least 15 days prior to the date set for
hearing.

e) Any objection to videography testimony must be filed and served 10
days prior to the date set for hearing. Any reply thereto shall be filed
and served 5 days before the date set for hearing.

f) Service of objections and reply shall be by fax or email. In ruling on
the objections, the Court shall consider the issue of whether allowing
such testimony is prejudicial to the opposing party.

g) Should the quality of the transmission be poor, the Court in its
discretion may strike the testimony entirely or, may, but need not,
continue the matter in its discretion.

h) In order to perpetuate testimony pursuant to this local rule, the Custody
Evaluator must maintain his or her office 75 miles or more from the
courthouse. (Eff. 01/01/21)

7-107. DEFAULTS (Eff. 07/01/98)

The Clerk of the Court shall not enter a default in a dissolution or legal separation unless a Declaration of Disclosure has been served at least 30 days prior to the entry of the default or unless the parties have filed a Marital Settlement Agreement. (Eff. 07/01/98)

7-108. AT-ISSUE MEMORANDUMS (Eff. 01/01/14)

Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments. The at-issue memorandum must include a declaration or proof of service evidencing compliance with this section. (Eff. 01/01/14)

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7-109. RESULT OF FAILURE TO COMPLY WITH RULES (Eff. 01/01/14)

Failure of a party(ies) to comply with these rules may result in one or more of
the following on the request by the other party or on the Court's own motion:

(a) Dropping the matter from calendar.

(b) Continuance of the matter.

(c) The award of attorney’s fees and costs against the non-complying party
and/or the party’s attorney, without the necessity of filing an Income and
Expense Declaration, or any request for order, including, but not limited
to, a motion under California Code of Civil Procedure section 128.5 or
Family Code sections 270 through 275.

(d) The rendering of an order based solely upon the pleadings properly
before the Court.

(e) Other orders as the Court deems appropriate under the circumstances.
(Eff. 01/01/14)

7-110. SETTLEMENT CONFERENCES (Eff. 01/01/15)

The parties shall participate in a mandatory conference on all cases involving
property or spousal support issues. Each party shall file and serve ten days
prior to the mandatory settlement conference a meaningful and complete
statement which shall include:

(a) Identity of community property and obligations;

(b) Identity of separate property;

(c) Proposed distribution of community property and obligations;

(d) Statement of issues and contentions;

(e) Statement of request for child and spousal support; and,

(f) Statement of request for attorney’s fees pursuant to Rules of Court,

Rule 5.427.

(Eff. 01/01/15)

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7-110.5. PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION (Eff. 01/01/21)

For all trials, including long cause hearings, the parties shall file and
exchange trial briefs on all issues at least five court days prior to trial. The
trial brief shall include:

(a) The information and documents required by Rules of Court, Rule
5.394;

(b) A list of all documents (excluding those intended to be used primarily
for rebuttal or impeachment purposes) that are to be relied upon for
proof of any material fact at trial. Documents are not to be attached or
appended to the trial brief; and

(c) A list of witnesses and a brief summary of their testimony.

(Eff. 01/01/21)

7-111. FAMILY LAW TENTATIVE RULINGS (Eff. 07/01/17)

Parties are responsible for reviewing the tentative ruling and notifying the
Superior Court Clerk’s Office by calling (209) 992-5690 and all attorneys or
parties if there are no attorneys, not later than 4:00 p.m. the day preceding
the scheduled hearing of his or her intent to appear and argue. The family law
tentative ruling is available on the court’s website at www.sjcourts.org.
Failure to call by 4:00 p.m. will preclude the court from hearing arguments the
next day. It shall also result in the tentative ruling becoming the order of the
court.

The issues subject to a tentative ruling are as follows:

(a) Motion to compel discovery;

(b) Motion to set aside default/judgment;

(c) Motion to withdraw as attorney of record;

(d) Motion to Quash;

(e) Motion for joinder or parties, not involving custody or visitation

(f) Motion for change of venue, not involving custody or visitation

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7-112. DUTIES OF FAMILY LAW FACILITATOR (Eff. 07/01/98)

In addition to the duties set forth in Family Code section 10002 et seq., the
Family Law Facilitator may perform the following:

A. Meet with pro per litigants to mediate issues of child support, spousal
support, and maintenance of health insurance.

B. Draft stipulations for pro pers to include all issues agreed to by the
parties, which may include issues other than those specifically set
forth in Family Code section 10003.

C. Prepare formal orders after hearing consistent with the court’s ruling
when both parties are unrepresented.

D. Serve as a special master in contested dissolutions for the purpose of
hearing pretrial settlement conferences in hopes of reducing the
contested dissolution calendars.

E. Develop programs for bar and community outreach through day and
evening programs, videotapes and other means that will assist
unrepresented and financially disadvantaged litigants in gaining
access to family court.

F. Assist the court with research and such other responsibilities as may
be assigned by the court, enabling the court to be as time efficient as
possible in helping litigants and reducing the family court’s caseload.

G. Sit as judge pro tempore subject to the stipulation of the parties, when
the Family Law Commissioner is unavailable. (Eff. 07/01/98)

7-113. JUDICIAL CAVEAT (Eff. 07/01/98)

While it is intended that the Court will follow the policies set forth, the rules do not prevent the exercise of judicial discretion when appropriate. (Eff. 07/01/98)

7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS (Eff. 01/01/14)

This rule is intended to comply with the provisions of California Rules of Court, Rule 5.445 regarding communication between courts about the existence of criminal protective orders and child custody and/or visitation orders to avoid the issuance of conflicting orders.

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A. Court Communication

Until the court has an operational case management system capable of automatically coordinating domestic violence orders, the court’s criminal, family, and juvenile law departments shall, to the best of their abilities communicate with one another to identify families with existing orders.

B. Avoiding Conflicting Orders

No department of the family or juvenile court shall issue a protective order or custody order in conflict with an order of the criminal court. In the event such an order is issued inadvertently, the orders of the criminal law proceeding shall control.

C. Modification of Criminal Protective Order

Upon notice of an existing criminal protective order, the family or juvenile court shall refer the party’s requesting custody and visitation to the Clerk’s Office in the Criminal Department. At the Clerk’s Office, the person restrained by a criminal protective order or protected by a criminal protective order may request a hearing to modify the criminal protective order to expand or restrict contact between the person restrained by the order and his or her children.

The family court may prepare a custody and visitation order; however, it is explained to the parties that the order cannot be enforced by law enforcement if the criminal protective order is not modified accordingly.

D. Co-Existing Criminal and Family or Juvenile Orders

A family or juvenile court order may coexist with a criminal protective
order, subject to the following:

1. Any order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or
handwritten that violates a “no contact order” issued by a criminal
court.

2. After having knowledge of an existing child custody and visitation
order, the criminal court issuing a protective order shall indicate
on the order that contact and visitation between the restrained

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person and his or her children is pursuant to court orders
previously ordered by the family or juvenile court.

3. Safety of all parties shall be the court’s paramount concern. The
family or juvenile court shall specify the time, day, place, and
manner of transfer of the child as provided in Section 3100 of the
Family Code. (Eff. 01/01/14)

7-115. VIDEO CONFERENCE APPEARANCE (Eff. 01/01/21)

A. Videoconferencing at Trial.

Videoconference appearances are disfavored and will only be granted
in unusual circumstances. Approval will be made on a case-by-case
basis. Considerations include risk of travel due to COVID-19. Unless
otherwise prohibited by law and, subject to the judicial officer’s
approval, parties may appear or present testimony by videoconference
at Trial. The requesting party must file and serve an Ex Parte
Application for Videoconference Appearance at Trial and Order (SJ-
FL-004) at least twenty (20) days prior to the date the matter is initially
set for hearing or trial. Any objections to the application must be filed
and served no later than five (5) days after service of the Application.
Thereafter, the Court will rule on the Application or set the matter for
hearing on the Application.

The application form is available online at the court's website or in the
clerk’s office. Videoconference appearances will be arranged through
the Court’s Information Technology Department. Fees will be paid by
the requesting party to the Court.

B. Definitions.

1. “Remote video appearance” means a party, an attorney, or a
witness may appear remotely through the use of:

(a) A desktop or laptop computer with webcam capabilities that
depict the parties, attorneys, the court, witnesses, and court
personnel, if any, in real time on a screen visible to the user
who is at another location; and with capabilities to allow for
transmitting the user’s image and voice; or

(b) A smartphone with video camera capabilities that depict the
parties, attorneys, the court, witnesses, and court
personnel, if any, in real time on a screen visible to the user

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who is at another location; and with capabilities to allow for transmitting the user’s image and voice; or

(c) A tablet with video camera capabilities that depict the parties, attorneys, the court, witnesses, and court personnel, if any, in real time on a screen visible to the user who is at another location; and with capabilities to allow for transmitting the user’s image and voice.

C. Application.

This rule applies to any matter to be heard in a family law department, subject to the approval of the judicial officer.

D. Procedure.

1) The court must ensure that the statements of participants are
audible and/or visible to all other participants and the court staff
and that the statements made by a participant are identified as
being made by that participant.

2) The party, attorney, or witness must timely appear by joining the
link provided by the Court and must enter his/her full name
as the username.

3) The party, attorney, or witness must provide the Court with their
mobile phone number and email address at the time of the
hearing. A party, attorney, or witness shall register his/her email
address and mobile phone number with the Court through the
Online Services, Attorney Registration page on the Court’s
website. You do not need to be an attorney to register.

4) No child(ren) shall be present for the hearing; only the parties,
their attorneys, and witnesses.

5) Parties must be dressed in appropriate attire.

6) Parties must first identify themselves whenever speaking and
only one party at a time may speak.

7) Any and all documents a party/attorney wants the court to
consider shall be submitted with a party’s moving/opposition
papers five (5) court days prior to the hearing. In the event the
court requires a party/attorney to submit a document at the time

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of the hearing, the party/attorney must send the document in a
.pdf format to the court at familycourtclerks@sjcourts.org, and
must copy all counsel of record and self-represented parties on
that email. The case name, number, and hearing date must be
stated in the subject line of the email and the other party or their
attorney must be copied (cc’d) in the email or the court will not
consider the document as it is an ex parte communication.

8) For matters heard in department #5A, any documentary
evidence that the parties wish the bench officer to consider must
be emailed directly to the other party or that party’s attorney, if
represented, and, if the matter is a DCSS matter, then to DCSS
at least five days prior to the hearing, excluding any Saturday,
Sunday, or holiday as provided for under Code of Civil Procedure
section 135. Failure to provide at least five court days’ notice of
proffered documentary evidence may result in its exclusion. If no
email exists for the opposing party or counsel, alternative
methods of service must be used (e.g., text, mailing, or instant
message). The bench officer will determine the sufficiency of any
such alternative service method. The case name, number, and
hearing date must be stated in the subject line of the email and
the other party or their attorney must be copied (cc’d) in the
email or the court will not consider the document as it is an ex
parte communication.

9) Any recording of the videoconference Trial is absolutely
prohibited, including, but not limited to, “screen-shots” or other
visual copying or audio recording. Violation of these prohibitions
may result in sanctions, including removal of court-issued media
credentials, restricted entry to future hearings, denial of entry to
future hearings, or any other sanctions deemed necessary by the
court. (Rev.01/01/2022)

7-116. REMOTE APPEARANCES (Eff. 01/01/22)

1. This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. Notice requirements are set forth in rule 3.672 and below.

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2. For Law and Motion hearings, and Ex Parte hearings, parties may appear remotely by telephone pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672.

a. Parties may stipulate either orally or in writing to waive notice of
other parties’ appearing remotely for Law and Motion hearings and
Ex Parte hearings.

b. This Court waives notice of parties appearing remotely for Law
and Motion hearings, and Ex Parte hearings.

c. Nothing limits the discretion of the judicial officer to require parties
to appear in person for Law and Motion hearings and Ex Parte
hearings.

d. A remote appearance for Law and Motion hearings and Ex
Parte hearings will not be permitted if the tentative ruling
posted for the hearing states that an in-person appearance
is required, or the court advises the person requesting to
appear remotely that the judicial officer has determined that
an in-person appearance is necessary.

3. For Law and Motion hearings, and Ex Parte hearings the Court has a telephone Bridge Conference Line platform that supports audio only.

   a. The Bridge Conference Line call in numbers are listed on the Court’s website.

   b. At the discretion of the Judicial Officer, a Zoom video platform may be provided for the parties to appear. The Court will provide the video access meeting link, or require a party to provide notice of the video access meeting link.

   c. Any recording, reproduction, or re-broadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited.

4. For Evidentiary Hearings, RFOs, Mediations, Settlement Conferences, Trials, and hearings on Orders to Show Cause, parties must appear in person, unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer.

   a. A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Telephonic Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days

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before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause. Any objections must be filed and served no later than five (5) days after service of the Application.

5. Even when a remote appearance is authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record is in question, counsel’s ability to provide effective representation is in question, an interpreter’s ability to provide language access is in question, or for any other reason which constitutes good cause under the circumstances.

A. Definitions

For purposes of this section, telephonic appearance means a landline, cell phone or tablet allowing the user to hear all other users at other locations using the court’s bridge line number.

B. Application

This rule applies to any matter to be heard in a family law department, subject

to the approval of the judicial officer.

C. Procedure

1. The court must ensure that the statements of participants are audible and/or visible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant.

2. The party, attorney, or witness must timely join the telephone conference hearing at least 10 minutes prior to the scheduled hearing. Do not announce your presence until the Court calls your case. Simply stay on the telephone line, even if there is only silence, until the Commissioner/Judicial Officer starts the hearings, and then continue to listen quietly until your case is called. The Commissioner/Judicial Officer will conduct a roll call and if you are not present, your matter will be dropped from the calendar or reset. Until your case is called, refrain from speaking.

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3. The party, attorney, or witness must provide the Court with their mobile phone number and email address at the time of the hearing. A party, attorney, or witness shall register his/her email address and mobile phone number with the Court through the Online Services, Attorney Registration page on the Court’s website. You do not need to be an attorney to register.

4. Parties must first identify themselves whenever speaking and only one party at a time may speak and must pause prior to speaking in case there is any audio lag.

5. No child(ren) or third parties shall be present for the hearing; only the parties, their attorneys, and witnesses.

6. Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing. In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication.

7. For matters heard in department #5A, parties must provide any documents they want the court to consider prior to the hearing and must provide copies to the other side. Any documentary evidence the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135. Failure to provide at least five court days’ notice of proffered documentary evidence may result in a continuance to another court date and/or its exclusion. If no email exists for the opposing party or counsel, alternative methods of service must be used (e.g., text, mailing, or instant message). The bench officer will determine the sufficiency of any such alternative service method. If there is a document the Commissioner/Judicial Officer requires you to submit the day of the hearing, you must send the document to the court at familycourtclerks@sjcourts.org. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the Commissioner/Judicial Officer will not consider the document as it is an ex parte communication.

8. These telephone conference hearings may be abbreviated due to the limited ability to hear evidence under these circumstances. The Commissioner/Judicial Officer may make interim orders and your case could be continued for additional consideration at a later date.

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9. Any recording of the telephone conference is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court- issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.

7-117. INTERVIEW FOR MINOR TO MARRY OR ENTER DOMESTIC PARTNERSHIP (Eff. 07/01/21)

In order to properly conduct the interview required under CRC Rule 5.448(c), any minor requesting to marry or establish a domestic partnership must complete and submit the Underage Marriage or Domestic Partnership Applicant Information form, local form number SJ-FL-009, at the time of filing the initial Request of Minor to Marry or Establish a Domestic Partnership. This form will not be filed with the Court but shall be maintained in a confidential case file in accordance with CRC Rule 5.448(c)(5)(A). (Rev.01/01/2022)

7-118. ORDERS SHORTENING TIME The Court will not shorten time for service of Requests for Order, Orders to Show Cause, or Notices of Motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte request or by stipulation. (Eff. 01/01/2022)

RULE 8 ADOPTION PROCEEDINGS

8-101. KINSHIP AGREEMENTS (Eff. 07/01/05)

A. Petitions to Adopt

A Petition for Adoption with Contact After Adoption shall not be filed
unless the agreement contains the signature of court-appointed
counsel for the minor acknowledging agreement with the terms.

B. Petitions to Enforce, Modify and Terminate

1. Notice, and the application, and any response thereto, shall be
served upon all parties, including the Human Service Agency or
other adoptive placement agency with which the minor had first
been placed, and to appointed counsel for the minor.

2. All evidence to be submitted at the hearing of the application,
whether in support or opposition, shall be presented by written
offers of proof, declaration, or otherwise admissible
documentation. The moving party shall serve their evidence

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with the application. Any responding evidence must be served
with the response.

3. On order of the court, a witness or declarant shall appear for
cross examination. Upon failure of the declarant to appear and
submit to examination, the offer of proof or declaration of that
witness shall be stricken.

4. No application shall be filed unless accompanied by a
declaration setting forth the good faith attempt to resolve the
dispute. (Eff. 07/01/05)

8-201. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS – CAPTION (Eff. 07/01/98)

Whenever termination of parental rights is sought in an adoption proceeding, each petition shall include in the caption the code section under which the petition is brought. This includes petitions and motions which are ancillary to the adoption or termination of rights. (Eff. 07/01/98)

8-202. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT (Eff. 01/01/99)

A. Necessity of Consent by Mother or Presumed Father in an Adoption

If it is claimed that the consent of the mother or a presumed father of a
child who is to be adopted is not required pursuant to section 8604(b)
or 8606(c) of the Family Code, the petitioner may set a hearing to
determine the request in advance of the hearing on the adoption. This
“necessity of consent” hearing shall be heard on the regular adoption
calendar.

The court will not consider the request unless the required adoption
report is submitted and, in the case of request pursuant to section
8604(b), proof of service of the required citation is on file.

The citation pursuant to section 8604(b) shall require the parent served
show cause why the court shall not find the minor to have been
abandoned and the consent for adoption by the named parent not
required.

B. Notice to Alleged Father in an Adoption

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1. Where a petition to terminate an alleged father’s rights has been filed and there is a petition, motion or other request that notice of the adoption proceeding to the alleged natural father be dispensed under section 7666(b) of the Family Code, or that rights be terminated without notice of the adoption proceeding under section 7665, the petitioner may set a hearing to determine the request in advance of the hearing on the adoption. The hearing is to be set on the regular adoption calendar. Alternatively, the petitioner may submit the request on the pleadings and the court will hear it without appearance.

   Whether set for a calendar hearing or otherwise, the court will not consider the request unless the report required under section 7663 is submitted.

Where there is a petition, motion or other request that no further notice of the adoption proceeding to the alleged natural father is required under section 7662(b) or 7664(a) of the Family Code, the petitioner may set a hearing to determine the request in advance of the hearing on the adoption. The hearing is to be set on the regular adoption calendar. Alternatively, the petitioner may submit the request on the pleadings and the court will hear it without appearance.

2. Whether set for a calendar hearing or otherwise, the court will not grant the request unless there is evidence of a record search in the county set forth in the notice as required by subsection(c) below.

   If it is further requested that the alleged father’s rights be

   terminated in advance of an order of adoption, the court shall grant the termination contingent on an order of adoption.

3. Notice to be given pursuant to section 7662(b) or 7664(a) of the

   Family Code shall set forth the title, action number and location of the court of any then pending adoption proceeding and any petition to terminate the alleged father’s rights regarding the child allegedly fathered. If there is not then pending an adoption proceeding, or petition to terminate the alleged father’s parental rights, the notice shall set forth the location of the court of the County wherein the person having custody of the child resides. (Eff. 01/01/99) 124

Superior Court of California for the County of San Joaquin

RULE 9 - SMALLCLAIMS ACTIONS, UNLAWFUL DETAINER CASES, AND CIVIL HARRASSMENT RESTRAINING ORDERS

9-100 [SMALL CLAIMS E-FILING [repealed (deleted) 07/01/15.]

9-101. REMOTE APPEARANCES FOR SMALL CLAIMS ACTIONS, UNLAWFUL DETAINER CASES, and CIVIL HARASSMENT RESTRAINING ORDERS (Eff. 1/1/22)

A. This Local Rule is adopted pursuant to Civil Code of Procedure section
367.75 and California Rule of Court, rule 3.672. Notice requirements are
set forth in rule 3.672 and below.

B. For Small Claims Actions, Unlawful Detainer Cases, Civil Harassment
Restraining Orders, and Other Evidentiary Hearings, parties must appear
in person, unless the party or attorney requests and receives express
written authorization to appear remotely by the judicial officer who is to
hear the matter.

a. A party may request to appear remotely by filing and serving a
Notice of Remote Appearance Form RA-010 with the Court no
later than 5 court days before the Small Claims Actions, Unlawful
Detainer Cases, Civil Harassment Restraining Orders, or Other
Evidentiary Hearings.
b. In response to notice of remote appearance, any party may file
and serve an Opposition to Remote Proceedings Form RA-015 no
later than 3 court days before the hearing in question.
c. A party must deliver a copy of any written Notice or Opposition
under (a) or (b) to the department in which the proceeding is to be
held.

C. Even when a remote appearance is authorized and commences, the
judicial officer may terminate a remote appearance and continue the
matter so that an in-person appearance can occur if technology or
audibility issues interfere with the judicial officer’s ability to make a
determination required by the hearing, the in-person appearance is
necessary to assist in the determination of the specific hearing, the court
reporter’s ability to make an accurate record is in question, counsel’s
ability to provide effective representation is in question, an interpreter’s
ability to provide language access is in question, or for any other reason
which constitutes good cause under the circumstances.

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RULE 10 APPELLATE DIVISION

10-100. JURISDICTION (Eff. 07/01/17)

The Appellate Division of the San Joaquin Superior Court has jurisdiction over all appeals for writs, infractions, misdemeanors and limited civil cases arising out of the courts in San Joaquin County. General rules applicable to the Appellate Division proceedings are set forth in California Rules of Court, Rule 8.800, and et seq. (Eff. 07/01/17)

10-101. JUDICIAL ASSIGNMENT AND SESSIONS (Eff. 07/01/23)

A. The Presiding Judge of the Appellate Division shall supervise the
business of the department. All motions, including ex parte
applications for orders, shall be presented to the Presiding Appellate
Judge. The Presiding Appellate Judge may act on routine matters, or
may schedule a motion or other matters for hearing before the panel at
his or her discretion.

B. The panel is composed of three judges, including the Presiding
Appellate Judge. Two additional judges are assigned as alternate
panel members.

C. Regular sessions of the Appellate Division of the Superior Court shall
be set for hearing on the third Thursday of each calendar month at
4:00 p.m. in the department of the Presiding Judge of the Appellate
Division. The business and operations of the Appellate Division shall
be conducted pursuant to Code of Civil Procedure, section 77.

D. The appellate division sessions shall not be reported by a court
reporter. (Eff. 07/01/15)

10-102. RECORD ON APPEAL (Eff. 07/01/15)

A. Under California Rules of Court, rules 8.833 in an appeal from a civil
limited case, an appellant may elect to use the original trial court file as
the record on appeal.

B. An appellant in an appeal in a civil limited case, electing to use the
original trial court file as set out in subsection A, must file and serve the
notice of election within the same time limits for designation of record
set out in California Rules of Court, Rule 8.831.

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C. Under California Rules of Court, Rule 8.863 in misdemeanor appeals,
the court elects to use the original trial court file in lieu of a clerk’s
transcript.

D. Under California Rules of Court, Rule 8.914 in infraction appeals, the
court elects to use the original trial court file in lieu of a clerk’s
transcript. (Eff. 07/01/15)

10-103. REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT (Eff. 07/01/15)

A. All requests for a free clerk or reporter’s transcript on appeal shall be
accompanied by a current financial declaration.

B. A request for a free reporter’s transcript will be granted only on a
showing of a colorable need for the transcript. (Eff. 07/01/15)

10-104. USE OF OFFICIAL ELECTRONIC RECORDING (Eff. 07/01/23)

A. Under California Rules of Court, Rule 8.835(c), in a civil limited appeal,
the parties, by a filed written stipulation or on order of the trial court
under California Rule of Court, rule 8.837(d), may designate the
original of an official electronic record of the trial court proceedings, or
a copy of the electronic recording made by the court, as the record of
the oral proceedings, without being transcribed, and in lieu of a
reporter’s transcript or settled statement.

B. Under California Rules of Court, Rule 8.868(c), in a misdemeanor
appeal, the parties, by a filed written stipulation or on order of the trial
court under California Rule of Court, Rule 8.869(5), may designate the
original of an official electronic recording of the trial court proceedings,
or a copy of the electronic recording made by the court, as the record
of the oral proceedings, without being transcribed, and in lieu of a
Reporter’s transcript or settled statement.

C. Under California Rules of Court, Rule 8.915(a)(2), in an infraction
appeal, the parties by a filed written stipulation or an order of the trial
court under California Rules of Court, Rule 8.916(b), may designate
the original of an official electronic recording of the trial court
proceedings, or a copy of the electronic recording made by the court,
as the record of the oral proceedings, without being transcribed and in
lieu of a reporter’s transcript or settled statement.

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D. If an appellant elects to use an official electronic recording, the
stipulation must be attached to the original designation. (Eff. 01/01/23)

10-105. BRIEFS (Eff. 07/01/15)

A. Each party shall present one (1) original at the time of filing. Briefs not
exceeding fifteen (15) pages in length shall be prepared, served and
filed as provided by Rules 8.706 and 8.204 of the California Rules of
Court, except that briefs of five pages or less may omit the topical
index and table of authorities required by Rule 8.205. If an appellant’s
opening brief pursuant to People v. Wende in adult criminal appeals is
filed, the clerk will not send a notice of late filing. (Rev. 1/1/2022)

10-106. APPOINTED COUNSEL (Eff. 07/01/15)

Under California Rules of Court 8.851, in a misdemeanor appeal, if a defendant was represented by appointed counsel in the trial court and meets the standards of appointed, they are entitled to counsel once the judgment has been rendered. (Eff. 07/01/15)

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

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San Joaquin Superior Court – Local Form List by Form Number

Mandatory/
Type Form # Form Name Date
Optional

INFO

Administration Escheatment: Business Claim Checklist INFO ONLY No date ONLY INFO Escheatment: Checklist for Filing a Administration INFO ONLY No date ONLY Claim INFO Escheatment: Claim for Money Held Administration INFO ONLY No date ONLY Form INFO Escheatment: Unclaimed Instructions Administration INFO ONLY No date ONLY and Forms List of Unclaimed Funds INFO Administration Escheatment: Affirmation Form INFO ONLY No date ONLY

Not a local

All Dept Government Claim – Judicial Branch Mandatory No date form Same as All Dept Drop Box Payment Forms Optional No date Name INFO All Dept Resources & Referrals INFO ONLY No date ONLY

All Dept. SupCt-558 Stipulation and Order GC §69957 Optional 2/2023

Stipulation and Order to Participate in

Civil SupCt-441 Mandatory 6/2009 Alternative Dispute Resolution (ADR) Declaration re: Notice of Ex Parte Civil/FamLaw SupCt-260 Mandatory Rev 9/2020 Application Civil Request to Set Default or Uncontested Civil/FamLaw SupCt -71 Optional/FL 7/2017 Matter for Hearing Mandatory

Civil/UD SJ-100 Amendment to Complaint Mandatory 6/1999

Rev Civil/UD SupCt-2 Civil Bench Warrant Mandatory 10/2019 Civil SupCt-56 Declaration of Exemption Mandatory Rev 8/2019 List of San Joaquin County Newspapers Civil/FamLaw SupCt-64 INFO ONLY 10/2013 w/General Circulation Rev Civil SupCt-3 Notice of Appeal – Parking Mandatory 10/2019 Clerk’s Judgment on Sister-State Civil SupCt-87 Optional 8/2019 Judgment

129

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Civil/UD SupCt-1 Order on Request for Temporary Stay Mandatory Rev 8/2019

Same as

Criminal Motion to Terminate Probation Optional 6/2016 name Same as Criminal Proof of Service Optional 12/2017 name Not a local Packet for Certificate for Rehabilitation Criminal Optional 1/1998 form or Pardon (pages 1,2, and 3) Same as Criminal Prop 47 – Order Optional 11/2014 name Same as Criminal Prop 47 – Petition Optional 11/2014 name Same as Criminal Prop 47 – Response Optional 11/2014 name Same as Prop 47 – Stipulation and Order per PC Criminal Optional 5/2016 name 1170.18(f) Same as Criminal Prop 64 – Petition Optional 1/2017 name Same as Criminal Prop 64 – Response Optional 1/2017 name Same as Prop 64 – Stipulation and Order per PC Criminal Optional 1/2017 name 11361.8(f) CR-180/ Petition for Dismissal per 1203.4 or Criminal Optional 5/2017 181 1203.4a (Packet) (pages 1,2,3,4) SJCM CR- Criminal Petition for Dismissal per 1203.4 Optional 2/2023 180 Same as Application and Order for Remote Criminal Optional 7/2024 name Appearance Same as Criminal Application for Advancing Court Date Optional 7/2024 name

FamLaw SJ-AD-001 Adoption Questionnaire Mandatory Rev 6/2020

FamLaw SJ-AD-002 Declaration of Custodial Parent Mandatory Rev 9/2020

Petition to Declare Minor Free from

FamLaw SJ-AD-003 Optional Rev 9/2020 Parental Custody Order Declaring Minor Free from FamLaw SJ-AD-004 Optional Rev 9/2020 Parental Custody and Control

FamLaw SJ-FL-001 Client Complaint Information INFO ONLY Rev 9/2020

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FamLaw SJ-FL-002 Client Complaint Form Mandatory Rev 9/2020

Ex Parte Request and Order to Vacate

FamLaw SJ-FL-003 Optional Rev 9/2020 DV/Elder Abuse RO Ex Parte Application for FamLaw SJ-FL-004 Videoconference Appearance at Trial Optional 9/2020 and Order Ex Parte Application for Video Rev. FamLaw SJ-FL-004 Conference Appearance at Trial and Mandatory 3/2024 Order Ex Parte Application for Remote Rev. FamLaw SJ-FL-005 Mandatory Appearance at Hearing and Order 2/2025 Petition to Obtain Unsealed Birth FamLaw SJ-FL-006 Optional Rev 3/2022 Certificate Order on Petition to Obtain Unsealed FamLaw SJ-FL-007 Optional 2/2021 Birth Certificate Consent of Parent or Guardian for Minor FamLaw SJ-FL-008 Optional 2/2021 to Marry Underage Marriage or Domestic FamLaw SJ-FL-009 Mandatory 7/2021 Partnership Applicant Information Order Granting Alternative Service for FamLaw SJ-FL-010 Optional 4/2021 Elder Abuse Restraining Order Family Centered Case Resolution FamLaw SJ-FL-011 Mandatory No date Conference Statement Request for Additional Family-Centered FamLaw SJ-FL-012 Mandatory 1/2025 Case Resolution Conference Request to Drop/Continue Family FamLaw SJ-FL-013 Mandatory 1/2025 Centered Case Resolution Conference

FamLaw SJ-FL-80 Request for Discovery Conference Optional 4/2018

FamLaw SJ-FL-100 Marital Settlement Agreement (Children) Optional 7/2016

Marital Settlement Agreement (No

FamLaw SJ-FL-101 Optional 7/2016 Children)

FamLaw SJ-FL-105 Settlement Conference Statement Optional 12/2016

FamLaw SJ-FL-107 Trial Brief Optional 12/2016

SJ-FL-108 Attachment – Additional Protected

FamLaw/Civil Optional 1/2024 SJ-CV-001 Persons Ex Parte Application and Order to File FamLaw SJ-FL-271 Additional Documents Under Local Rule Optional 5/2024 7-102.5

FamLaw SupCt-43 At-Issue Memorandum Mandatory 5/2019

131

Superior Court of California for the County of San Joaquin

Declaration for Issuance of Writ of

FamLaw SupCt-115 Optional 9/1990 Execution and Order Declaration of Mailing or of Inability to FamLaw SupCt-125 Optional 9/1990 Ascertain Address Declaration Re Notice of Ex Parte FamLaw SupCt-260 Mandatory 8/2020 Application Petition for Grandparent Visitation FamLaw SupCt-284 Optional Rev 9/2020 (FC3102 et seq)

Same as

Juvenile Prop 64 – Juvenile Petition Mandatory 1/2017 name

Mental Health SJMH-001 Declaration of Services Optional 7/2024

Conservatorship – Conservatee Status Probate CI-12 Optional 1/2011 Report Form Probate SJPR-001 Notice of Remote Appearance Mandatory Rev 7/2023 SJPR- Proof of Service Attachment to Notice of Probate Optional 7/2023 001A Remote Appearance Probate SJPR-002 Meet and Confer Statement Mandatory 2/2023 Request to Continue Due Date or Probate SJPR-003 Mandatory Rev 3/2023 Request to Set Hearing Date Order Regarding Request to Continue SJPR- Probate Due Date or Request to Set Hearing Mandatory Rev 3/2023 003A Date Probate SJPR-004 Declaration of Due Diligence Mandatory Rev 3/2023 Petition to Increase Bond and/or Petition Probate SJPR-005 to Place Funds in Blocked Account(s) Mandatory Rev 7/2023 OR Petition to Decrease Bond Order to Increase Bond and/or Order to SJPR- Probate Place Funds in Blocked Account(s) OR Mandatory Rev 7/2023 005A Order to Decrease Bond Probate/ Declaration Re Notice of Ex Parte SJPR-006 Mandatory 1/2024 Mental Health Application Probate/ SJPR- Attachment to Declaration Re Notice of Optional 1/2024 Mental Health 006A Ex Parte Application Probate SJPR-007 Financial Document(s) Cover Sheet Mandatory 1/2024 Probate/ SJPR/MH- Notice of Ex Parte Request Mandatory 10/2024 Mental Health 008 Probate/ SJPR/MH- Nunc Pro Tunc Order Correcting Order Optional 10/2024 Mental Health 009

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Probate/ SJPR/MH- Opposition to Ex Parte Application Optional 10/2024 Mental Health 010 Trust Document Cover Sheet Probate SJPR-100 Mandatory 6/2023 (Confidential) INFO Instructions for Objection to Probate Info Only No date ONLY Guardianship Probate SJPR-201 Status Report of Administration Mandatory Rev 7/2023 Notice of Refusal to Petition for Probate Probate SJPR-202 Mandatory 1/2020 of Will or Codicil Probate SJPR-203 Lineal Chart A Mandatory 7/2023 Probate SJPR-204 Lineal Chart B Mandatory 7/2023 Probate SJPR-205 Lineal Chart C Mandatory 7/2023 Declaration in Support of Affidavit re Probate SJPR-206 Mandatory 7/2023 Real Property of Small Value Probate SJPR-207 Waiver of Accounting Mandatory 1/2024 Report of Personal Representative: Probate SJPR-208 Mandatory 7/2024 Petition for Final Distribution Order on Report of Personal SJPR- Probate Representative; Petition for Final Mandatory 7/2024 208A Distribution Petition for Termination of Proceedings Probate SJPR-209 Mandatory 7/2024 and Discharge SJPR- Order on Petition for Termination of Probate Mandatory 7/2024 209A Proceedings and Discharge Confidential Conservatorship Probate SJPR-300 Mandatory Rev 7/2023 Questionnaire Conservatee Status Report – Person Probate SJPR-301 Mandatory Rev 7/2023 Only Conservatee Status Report – Person & Probate SJPR-302 Mandatory Rev 7/2023 Estate

Probate SJPR-303 Petition to Terminate Conservatorship Optional Rev 6/2021

SJPR- Probate Order Terminating Conservatorship Optional Rev 7/2023 303A Probate SJPR-400 Confidential Guardianship Questionnaire Mandatory Rev 7/2023 Objection to Petition for Appointment of Probate SJPR-401 Optional Rev 7/2023 Guardian

Probate SJPR-402 Petition for Visitation (Guardianship) Optional Rev 7/2023

SJPR- Order on Petition for Visitation

Probate Optional Rev 7/2023 402A (Guardianship) Objection to Petition for Visitation Probate SJPR-403 Optional Rev 7/2023 (Guardianship)

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Petition Tendering Resignation of

Probate SJPR-404 Optional Rev 7/2023 Guardian Objection to Petition to Terminate Probate SJPR-500 Optional Rev 7/2023 Guardianship or Conservatorship Petition to Remove Guardian or Probate SJPR-501 Optional Rev 7/2023 Conservator INFO Updated Probate Newspapers for Publication INFO ONLY ONLY 7/2023 INFO Checking and Clearing Probate Notes Probate INFO ONLY 8/2020 ONLY Handout INFO Probate Preparing for Trial Handout INFO ONLY 8/2020 ONLY INFO Probate Finding People INFO ONLY 1/2021 ONLY INFO Guardianship/Conservatorship Due Probate INFO ONLY 1/2021 ONLY Diligence

Records SupCt-109 Request for Records Search and Copies Optional No date Mgmt.

Small Claims SupCt-378 Request for Certified Mail (Small Claims) Mandatory 9/2015

Petition of Minor Plaintiff/Defendant for Revised

Small Claims SupCt-458 Appointment of Guardian Ad Litem; Mandatory 10/2019 Acceptance and Order of Court SC ODR- Notice of Initiation of Online Dispute Small Claims Mandatory 3/2024 01 Resolution

Ex Parte Motion to Vacate Conviction/

Traffic TR-001 Request for a New Trial Mandatory 1/2023

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San Joaquin Superior Court – Local Form List by Form Name

Mandatory/

Type Form Name Form # Date Optional

Escheatment: Business Claim

Administration INFO ONLY INFO ONLY No date Checklist

Escheatment: Checklist for Filing a

Administration INFO ONLY INFO ONLY No date Claim

Escheatment: Claim for Money Held

Administration INFO ONLY INFO ONLY No date Form Escheatment: Unclaimed Administration Instructions and Forms List of INFO ONLY INFO ONLY No date Unclaimed Funds

Administration Escheatment: Affirmation Form INFO INFO ONLY No date

Not a local

All Dept Government Claim – Judicial Branch Mandatory No date form Same as All Dept Drop Box Payment Forms Optional No date Name All Dept Resources & Referrals INFO ONLY INFO ONLY No date

All Dept. Stipulation and Order GC §69957 SupCt-558 Optional No date

Civil/UD Amendment to Complaint SJ-100 Mandatory 6/1999 Revised Civil/UD Civil Bench Warrant SupCt-2 Mandatory 10/2019 Clerk’s Judgment on Sister-State Civil SupCt-87 Optional 8/2019 Judgment Revised Civil Declaration of Exemption SupCt-56 Mandatory 8/2019 Declaration re: Notice of Ex Parte Civil SupCt-260 Mandatory 1/2014 Application List of San Joaquin County 10/2013 Civil/FamLaw SupCt-64 INFO ONLY Newspapers w/General Circulation Revised Civil Notice of Appeal – Parking SupCt-3 Mandatory 10/2019 Order on Request for Temporary Revised Civil/UD SupCt-1 Mandatory Stay 8/2019

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Civil

Request to Set Default or

Civil/FamLaw SupCt - 71 Optional/FL 7/2017 Uncontested Matter for Hearing Mandatory Stipulation and Order to Participate Civil in Alternative Dispute Resolution SupCt-441 Mandatory 6/2009 (ADR)

Same as

Criminal Application for Advancing Court Date Optional 7/2024 name Application and Order for Remote Same as Criminal Optional 7/2024 Appearance name Same as Criminal Motion to Terminate Probation Optional 6/2016 name Same as Criminal Proof of Service Optional 12/2017 name Packet for Certificate for Not a local Criminal Rehabilitation or Pardon (pages 1,2, Optional 1/1998 form and 3) Same as Criminal Prop 47 – Order Optional 11/2014 name Same as Criminal Prop 47 – Petition Optional 11/2014 name Same as Criminal Prop 47 – Response Optional 11/2014 name Prop 47 – Stipulation and Order per Same as Criminal Optional 5/2016 PC 1170.18(f) name Same as Criminal Prop 64 – Petition Optional 1/2017 name Same as Criminal Prop 64 – Response Optional 1/2017 name Prop 64 – Stipulation and Order per Same as Criminal Optional 1/2017 PC 11361.8(f) name Petition for Dismissal per 1203.4 or Criminal CR-180/ 181 Optional 5/2017 1203.4a (Packet) (pages 1,2,3,4) 2/2023 Criminal Petition for Dismissal per 1203.425 SJCM CR-180 Optional

FamLaw Adoption Questionnaire SJ-AD-001 Mandatory Rev 6/2020

FamLaw At-Issue Memorandum SupCt-43 Mandatory 5/2019 Attachment- Additional Protected SL-FL-108/ FamLaw/Civ Optional 1/2024 Persons SJ-CV-001

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FamLaw Client Complaint Form SJ-FL-002 Mandatory Rev 9/2020

FamLaw Client Complaint Information SJ-FL-001 INFO ONLY Rev 9/2020 Consent of Parent or Guardian for FamLaw SJFL-008 Optional 2/2021 Minor to Marry FamLaw Declaration of Custodial Parent SJ-AD-002 Mandatory Rev 9/2020

Declaration for Issuance of Writ of FamLaw SupCt-115 Optional 9/1990 Execution and Order Declaration of Mailing or of Inability FamLaw SupCt-125 Optional 9/1990 to Ascertain Address Declaration Re Notice of Ex Parte FamLaw SupCt-260 Mandatory 8/2020 Application Ex Parte Application for Remote Rev. FamLaw Appearance for Remote Appearance SJ-FL-005 Mandatory 2/2025 at Hearing and Order Ex Parte Application and Order to FamLaw File Additional Documents Under SJ-FL-271 Optional 5/2024 Local Rule 7-102.5 Ex Parte Application for FamLaw Videoconference Appearance at SJ-FL-004 Optional 9/2020 Trial and Order Ex Parte Request and Order to FamLaw SJ-FL-003 Optional Rev 9/2020 Vacate DV/Elder Abuse RO Family Centered Case Resolution FamLaw SJ-FL-011 Mandatory No date Conference Statement Marital Settlement Agreement (No FamLaw SJ-FL-101 Optional 7/2016 Children) Marital Settlement Agreement FamLaw SJ-FL-100 Optional 7/2016 (Children) Order Declaring Minor Free from FamLaw SJ-AD-004 Optional Rev 9/2020 Parental Custody and Control Order Granting Alternative Service FamLaw SJ-FL-010 Optional 4/2021 for Elder Abuse Restraining Order Order on Petition to Obtain Unsealed FamLaw SJ-FL-007 Optional 2/2021 Birth Certificate Petition to Declare Minor Free from FamLaw SJ-AD-003 Optional Rev 9/2020 Parental Custody Petition for Grandparent Visitation FamLaw SupCt-284 Optional Rev 9/2020 (FC3102 et seq) Petition to Obtain Unsealed Birth Rev. FamLaw SJ-FL-006 Optional Certificate 3/2022

137

Superior Court of California for the County of San Joaquin

Request for Additional Family-

FamLaw Centered Case Resolution SJ-FL-012 Mandatory 2/2025 Conference Request to Drop/Continue Family FamLaw Centered Case Resolution SJ-FL-013 Mandatory 2/2025 Conference FamLaw Request for Discovery Conference SJ-FL-80 Optional 4/2018

FamLaw Settlement Conference Statement SJ-FL-105 Optional 4/2018

FamLaw Trial Brief SJ-FL-107 Optional 12/2016 Underage Marriage of Domestic FamLaw SJ-FL-009 Mandatory 7/2021 Partnership Application Information

Same as

Juvenile Prop 64 – Juvenile Petition Mandatory 1/2017 name

Mental Health Declaration of Services SJMH-001 Optional 7/2024

Probate/ Attachment to Declaration Re Notice Optional SPR-006A 1/2024 Mental Health of Ex Parte Application Checking and Cleaning Probate Probate INFO ONLY INFO ONLY 8/2020 Notes Probate Confidential Conservatorship SJPR-300 Mandatory Rev 7/2023 Questionnaire Probate Guardianship Questionnaire SJPR-400 Mandatory Rev 7/2023 Probate Conservatorship – Conservatee CI-12 Optional 1/2011 Status Report Form Probate Conservatee Status Report – Person SJPR-302 Mandatory Rev 7/2023 & Estate Probate Conservatee Status Report – Person SJPR-301 Mandatory Rev 7/2023 Only Probate Declaration in Support of Affidavit re SJPR-206 Mandatory Rev 7/2023 Real Property of Small Value Probate Declaration of Due Diligence SJPR-004 Mandatory Rev 7/2023 Probate/Mental Declaration Re Notice of Ex Parte SJPR-006 Mandatory 1/2024 Health Application Probate Financial Document(s) Cover Sheet SJPR-007 Mandatory 1/2024 Probate Finding People INFO ONLY INFO ONLY 1/2021 Probate Instructions for Objection to INFO ONLY INFO ONLY No date Guardianship Probate Guardianship/Conservatorship Due INFO ONLY INFO ONLY 1/2021 Diligence

138

Superior Court of California for the County of San Joaquin

Probate Lineal Chart A SJPR-203 Mandatory Rev 7/2023 Probate Lineal Chart B SJPR-204 Mandatory Rev 7/2023 Probate Lineal Chart C SJPR-205 Mandatory Rev 7/2023 Probate Meet and Confer Statement SJPR-002 Mandatory 2/2023 Probate Updated Newspaper for Publication INFO ONLY INFO ONLY 7/2023 Probate/ Notice of Ex Parte Request SJPR/MH-008 Mandatory 10/2024 Mental Health Probate Notice of Remote Appearance SJPR-001 Mandatory Rev 7/2023 Probate Notice of Refusal to Petition for SJPR-202 Mandatory Rev 7/2023 Probate of Will or Codicil Probate/ Nunc Pro Tunc Order Correcting SJPR/MH-009 Optional 10/2024 Mental Health Order Probate Objection to Petition for Appointment SJPR-401 Optional Rev 7/2023 of Guardian Probate Objection to Petition for Visitation SJPR-403 Optional Rev 7/2023 (Guardianship) Probate Objection to Petition to Terminate SJPR-500 Optional Rev 7/2023 Guardianship or Conservatorship Probate/ Opposition to Ex Parte Application SJPR/MH-010 Optional 10/2024 Mental Health Probate Order Regarding Request to Continue Due Date or Request to SJPR-003A Mandatory Rev 3/2023 Set Hearing Date Probate Order Terminating Conservatorship SJPR-303A Optional Rev 7/2023 Probate Order to Increase Bond and/or Order to Place Funds in Blocked SJPR-005A Mandatory Rev 7/2023 Account(s) OR Order to Decrease Bond Probate Order on Petition for Termination of SJPR-209A Mandatory 7/2024 Proceedings and Discharge Probate Order on Petition for Visitation SJPR-402A Optional Rev 7/2023 (Guardianship) Probate Order on Report of Personal Representative; Petition for Final SJPR-208 Mandatory 7/2024 Distribution Probate Petition for Termination of SJPR-209 Mandatory 7/2024 Proceedings and Discharge Probate Petition for Visitation (Guardianship) SJPR-402 Optional Rev 6/2021 Probate Petition Tendering Resignation of SJPR-404 Optional Rev 72023 Guardian Probate Petition to Increase Bond and/or SJPR-005 Mandatory Rev 7/2023 Petition to Place Funds in Blocked

139

Superior Court of California for the County of San Joaquin

Account(s) OR Petition to Decrease Bond

Probate Petition to Remove Guardian or SJPR-501 Optional Rev 7/2023 Conservator Probate Petition to Terminate SJPR-303 Optional Rev 7/2023 Conservatorship Probate Preparing for Trial Handout INFO ONLY INFO ONLY 8/2020 Probate Proof of Service Attachment to SJPR-001A Optional 7/2023 Notice of Remote Appearance Probate Report of Personal Representative; SJPR-208 Mandatory 7/2024 Petition for Final Distribution Probate Request to Continue Due Date or SJPR-003 Mandatory Rev 3/2023 Request to Set Hearing Date Probate Status Report of Administration SJPR-201 Mandatory Rev 7/2023 Probate Trust Document Cover Sheet SJPR-100 Mandatory 6/2023 (Confidential) Probate Waiver of Accounting SJPR-207 Mandatory 1/2024

Records Request for Records Search and SupCt-109 Optional No date Management Copies

Notice of Initiation of Online Dispute

Small Claims SC ODR-1 Mandatory 3/2024 Resolution (ODR) Program Request for Certified Mail (Small Small Claims SupCt-378 Mandatory 9/2015 Claims) Petition of Minor Plaintiff/Defendant for Appointment of Guardian Ad Small Claims SupCt-458 Mandatory 10/2019 Litem; Acceptance and Order of Court

Ex Parte Motion to Vacate

Traffic TR-001 Mandatory 1/2023 Conviction /Request for a New Trial

140

Superior Court of California for the County of San Joaquin

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 180 E. Weber Avenue Phone: (209) 992-5695 Stockton, CA 95202 Effective July 1, 2025

INDEX

RULE PAGE ADOPTION PROCEEDINGS KINSHIP AGREEMENTS ....................................................................................... 8-101 82 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS - CAPTION ....................................................................................... 8-201 82 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT ....................................................................................... 8-202 82 CIVIL ADMINISTRATION OF GENERAL CIVIL LITIGATION ....................................................................................... 3-102 24 ALTERNATIVE DISPUTE RESOLUTION ....................................................................................... 3-121 37 ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES, CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES, AND FORECLOSURES ....................................................................................... 3-111 33 CHAMBERS CONFERENCES AND EX PARTE MATTERS ....................................................................................... 3-114 35 CIVIL LAW AND MOTION ....................................................................................... 3-113 34 NEUTRAL EVALUATION ....................................................................................... 3-125 42 CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED PERSON ....................................................................................... 3-110 33 JUDICIAL ARBITRATION ....................................................................................... 3-122 38 DEATH OF A PARTY ....................................................................................... 3-109 33 DIRECT CALENDARING OF CIVIL CASES ....................................................................................... 3-101 24 EX PARTE APPLICATIONS AND ORDERS ....................................................................................... 3-106 32

141

Superior Court of California for the County of San Joaquin

EXPEDITED JURY TRIAL …………………………………………………………………… .3-127 43 IMPLEMENTATION ....................................................................................... 3-100 24 JURY FEES AND EXPENSES ....................................................................................... 3-116 36 ORDERS SHORTENING TIME ....................................................................................... 3-112 34 [Repealed 07/01/15] ....................................................................................... 3-115 36 BINDING ARBITRATION ....................................................................................... 3-124 42 PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM ....................................................................................... 3-107 32 COURTESY COPIES OF BRIEFS AND PAPERS ....................................................................................... 3-117 36 RESERVED FOR FUTURE USE ....................................................................................... 3-118 36 RESERVED FOR FUTURE USE ....................................................................................... 3-119 36 PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS ....................................................................................... 3-108 32 PROPOSED FINDING, ORDER, JUDGMENT OR DECREE ....................................................................................... 3-105 32 CIVIL MEDIATION PROGRAM ....................................................................................... 3-123 39 SETTLEMENT CONFERENCE PROCEDURES ....................................................................................... 3-104 29 SUBSTITUTE SERVICE ....................................................................................... 3-120 36 TELEPHONE APPEARANCES ....................................................................................... 3-103 29 TRIAL BY REFERENCE ......................................................................... …….... 3-126 42 SISTER STATE MONEY JUDGMENTS .....................................................................................3-128 43 CRIMINAL ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS ....................................................................................... 2-110 22 BAIL SCHEDULE RULE ....................................................................................... 2-113 22

142

Superior Court of California for the County of San Joaquin

CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS ....................................................................................... 2-112 22 DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE ....................................................................................... 2-102.2 19 DISCOVERY IN CRIMINAL CASES ....................................................................................... 2-100 17 JURY INSTRUCTIONS ....................................................................................... 2-106 21 MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON-JUDICIAL HOLIDAYS ....................................................................................... 2-107 21 MEMORANDUM OF POINTS AND AUTHORITIES ....................................................................................... 2-102 18 MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL ....................................................................................... 2-108 21 MOTIONS AT TRIAL ....................................................................................... 2-103 19 MOTIONS TO STRIKE PRIOR CONVICTIONS ....................................................................................... 2-101.1 18 MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE ....................................................................................... 2-102.1 18 PRE-TRIAL CONFERENCES ....................................................................................... 2-105 20 PRE-TRIAL MOTIONS ....................................................................................... 2-101 17 REQUESTS TO MODIFY JUDGMENT ....................................................................................... 2-111 22 SANCTIONS ....................................................................................... 2-104 20 SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPETENCY PER PC 1368 ………………………………………………………………2-114 22 TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES ....................................................................................... 2-109 21 ELECTRONIC FILING .............................................................................................. .6 70 [Repealed 01/01/20] ....................................................................................... 6-100 72 [Repealed 01/01/20]

143

Superior Court of California for the County of San Joaquin

....................................................................................... 6-101 72

FAMILY LAW AT-ISSUE MEMORANDUMS ....................................................................................... 7-108 76 COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS ....................................................................................... 7-114 78 DEFAULTS ....................................................................................... 7-107 76 DUTIES OF FAMILY LAW FACILITATOR ....................................................................................... 7-112 77 EMERGENCY ORDERS ....................................................................................... 7-100 73 PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS ....................................................................................... 7-106 75' FAMILY LAW TENTATIVE RULINGS ....................................................................................... 7-111 77 JUDICIAL CAVEAT ....................................................................................... 7-113 78 MEDIATION ....................................................................................... 7-104 74 MEET AND CONFER REQUIREMENT ....................................................................................... 7-103 74 NOTIFICATION TO COURT OF OTHER PROCEEDINGS ....................................................................................... 7-102 73 DECLARATION SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER ........................................................................................ 7-102.5 73 ORDER EXCLUDING A PARTY FROM THE HOME ....................................................................................... 7-101 73 PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION ……………………………………………………………7-110.5 77 SETTLEMENT CONFERENCES ....................................................................................... 7-110 76 RESULT OF FAILURE TO COMPLY WITH RULES ....................................................................................... 7-109 76 SUPPORT ....................................................................................... 7-105 75 TELEPHONIC APPEARANCE AT HEARING ……………………………………………………………… 7-116 82

VIDEOCONFERENCE APPEARANCE ....................................................................................... 7-115 79

144

Superior Court of California for the County of San Joaquin

INTERVIEW FOR MINOR TO MARRY OR ENTER DOMESTIC PARTNERSHIP………………………………………………7-117 84

GENERAL JUDICIAL VACATION DAY DEFINED ....................................................................................... 1-111 16 SELECTION OF COURT COMMISSIONERS ....................................................................................... 1-112 16 COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE ....................................................................................... 1-109 13 COURT CALENDARS ....................................................................................... 1-101 6 DANGEROUS, LARGE OR BULKY EXHIBITS ....................................................................................... 1-110 13 EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION ....................................................................................... 1-100 6 FIREARMS ....................................................................................... 1-106 8 INTERPRETERS ....................................................................................... 1-104 7 MEDIA COVERAGE ....................................................................................... 1-107 8 RESERVED FOR FUTURE USE ....................................................................................... 1-103 7 SELECTION AND IMPANELMENT OF JURORS ....................................................................................... 1-102 6 TRANSFER OF ADMINISTRATIVE PROCEDURES ....................................................................................... 1-105 7 USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT ....................................................................................... 1-108 12 JUVENILE APPLICATION OF THESE RULES ....................................................................................... 5-407 65 ATTORNEY COMPLAINT PROCESS ....................................................................................... 5-408 65 CALENDAR PRIORITY ....................................................................................... 5-502 68 CHILD ADVOCATES ....................................................................................... 5-411 66 EX PARTE APPLICATIONS ....................................................................................... 5-200 63 FAMILY LAW ADVOCACY ....................................................................................... 5-504 68

145

Superior Court of California for the County of San Joaquin

GENERAL COMPETENCY REQUIREMENT ....................................................................................... 5-400 64 MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT ....................................................................................... 5-404 65 MINORS' INTERESTS IN OTHER PROCEEDINGS ....................................................................................... 5-409 65 DIRECT CALENDARING OF JUVENILE DELIQUENCY CASES ....................................................................................... 5-506 68 PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 ....................................................................................... 5-405 65 PETITIONS TO MODIFY (§388 W&I) ....................................................................................... 5-300 63 RESERVED FOR FUTURE USE [Repealed 01/01/14] ....................................................................................... 5-401 64 PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS ....................................................................................... 5-100 63 RECIPROCAL DISCOVERY ....................................................................................... 5-507 69 RELEASE OF INFORMATION TO ADVOCATE ....................................................................................... 5-500 67 REPRESENTATION OF MINORS ....................................................................................... 5-403 64 RIGHT TO APPEAR ....................................................................................... 5-505 68 RIGHT TO TIMELY NOTICE ....................................................................................... 5-501 68 SCREENING FOR COMPETENCY ....................................................................................... 5-402 64 TERMINATION OF PANEL MEMBERSHIP- ADDITIONAL GROUNDS ....................................................................................... 5-406 65 THE ADVOCATE PROGRAM ....................................................................................... 5-410 65 VISITATION THROUGHOUT DEPENDENCY ....................................................................................... 5-503 68 PROBATE - PART EIGHT - MINORS COMPROMISE ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS ....................................................................................... 4-801 61 RESERVED FOR FUTURE USE [Repealed 01/01/20] ....................................................................................... 4-804 62

146

Superior Court of California for the County of San Joaquin

SETTLEMENTS CREATING A TRUST ....................................................................................... 4-803 62 SETTLEMENTS WITH AN ANNUITY ....................................................................................... 4-802 62 PROBATE - PART FIVE - CONSERVATORSHIP APPOINTMENT OF COURT INVESTIGATOR ....................................................................................... 4-501 57 COMPENSATION AND FEES ....................................................................................... 4-505 57 RESERVED FOR FUTURE USE [Repealed 01/01/20] ....................................................................................... 4-502 57 DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILED ....................................................................................... 4-509 60 SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS ....................................................................................... 4-507 59 RESERVED FOR FUTURE USE [Repealed 01/01/20] ....................................................................................... 4-504 57 START UP FEE ....................................................................................... 4-510 60 SUBSTITUTED JUDGMENT ....................................................................................... 4-508 59 TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING ....................................................................................... 4-503 57 WAIVER OF ACCOUNTING—WHEN PERMITTED ....................................................................................... 4-506 59 PROBATE - PART FOUR - TRUSTS FEES ....................................................................................... 4-401 55 RESERVED FOR FUTURE USE [Repealed 01/01/13] ....................................................................................... 4-403 56 REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE ....................................................................................... 4-402 56 PROBATE - PART ONE - GENERAL PROCEDURAL GUIDE ADDITIONAL INFORMATION REQUIRED ....................................................................................... 4-107 46 REQUESTING A CONTINUANCE ....................................................................................... 4-111 47 CONSOLIDATION WITH THE LOWEST NUMBER ....................................................................................... 4-105 45 CONTESTED MATTERS ....................................................................................... 4-103 45 CAPTION ON PLEADINGS

147

Superior Court of California for the County of San Joaquin

....................................................................................... 4-112 48

EX PARTE APPLICATIONS ....................................................................................... 4-106 45 COURT CREATED TRUSTS ……………………………………………………………….4-113 48 PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY ……………………………………………………………….4-114 48 ALL PETITIONS ....................................................................................... 4-101 44 RESERVED FOR FUTURE USE [Repealed 01/01/20] ....................................................................................... 4-110 47 UNCONTESTED MATTERS ....................................................................................... 4-102 45 WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING ....................................................................................... 4-109 47 WHEN PERSONAL APPEARANCE REQUIRED ....................................................................................... 4-104 45 ORDERS-CONTENTS, ATTACHMENTS & SIGNATURE PAGE ....................................................................................... 4-108 47 COSTS GENERALLY NOT ALLOWED COUNSEL, ADMINISTRATOR OR TRUSTEE ...................................................................................... 4-115 49 MEET AND CONFER REQUIREMENT ....................................................................................... 4-116 49 PROBATE - PART SEVEN - GUARDIANSHIP RESERVED FOR FUTURE USE [Repealed 01/01/20 (Incorporated in to 4-703)] ....................................................................................... 4-702 61 APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON ....................................................................................... 4-703 61 GUARDIANSHIP OF PARTICULAR PROPERTY ....................................................................................... 4-704 61 GUARDIANSHIP RULES ...................................................................................... 4-701 61 PROBATE - PART SIX - PARTICULAR TRANSACTIONS PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT ....................................................................................... 4-601 61 PROBATE - PART THREE - SPOUSAL PROPERTY PETITIONS PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME ....................................................................................... 4-301 55

148

Superior Court of California for the County of San Joaquin

WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT ....................................................................................... 4-302 55 PROBATE - PART TWO - DECEDENTS’ ESTATES RESERVED FOR FUTURE USE [Repealed 01/01/20] ....................................................................................... 4-202 49 APPLICATION FOR FAMILY ALLOWANCE ....................................................................................... 4-206 50 CONTRACTS WITH BROKER OR AGENT ....................................................................................... 4-205 50 RESERVED FOR FUTURE USE [Repealed 01/01/14] ....................................................................................... 4-211 51 COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A. ....................................................................................... 4-204 50 EXTRAORDINARY ATTORNEY FEES ....................................................................................... 4-213 52 FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT ....................................................................................... 4-212 51 FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED ....................................................................................... 4-214 52 FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION ....................................................................................... 4-210 51 MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION ....................................................................................... 4-216 53 NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES ………………………………………………………………4-201 49 NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD ....................................................................................... 4-218 54 PETITION FOR PRELIMINARY DISTRIBUTION ....................................................................................... 4-207 50 NOTICE OF REFUSAL TO PROBATE REJECTED WILL OR CODICIL ....................................................................................... 4-203 49 REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION ....................................................................................... 4-208 51 REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION ....................................................................................... 4-215 52

149

Superior Court of California for the County of San Joaquin

REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION ....................................................................................... 4-217 54 STATUS REPORTS ....................................................................................... 4-209 51 RULE 9. RESERVED FOR FUTURE USE [Repealed 07/01/15] ............................................................................................. 9 84 APPELLATE DIVISION

JURISDICTION

……….………………………………………………………….10-100 85

JUDICIAL ASSIGNMENT AND SESSIONS
…………………………………………………….….…….10-101 85

RECORD ON APPEAL …………………….……………………………………….10-102 85

REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT

………………………………………………….………….10-103 85

USE OF OFFICIAL ELECTRONIC RECORDING ……………………………………………………………………….10-104 86

BRIEFS

……………………………………………………………….10-105 86

APPOINTED COUNSEL

………………………………………………………………10-106 86

[Repealed 01/01/18]

…………………………………………………………………10-107 86

150