Alameda — Title 6. Mental Health Rules

Source: https://www.alameda.courts.ca.gov/system/files/local-rules/06-title-6-20260701.pdf

Local Rules of the Superior Court of California, County of Alameda

Title 6. Mental Health Rules ............................................................................ 1

Rule 6.1. Title ........................................................................................................ 1

Rule 6.2. Application ........................................................................................... 1

Rule 6.3. Electronic filing and service ............................................................... 1

Local Rules of the Superior Court of California, County of Alameda

Title 6. Mental Health Rules

Rule 6.1. Title

The rules in this title may be referred to as the Local Mental Health Rules.

Rule 6.1 adopted effective January 1, 2023.

Rule 6.2. Application

The Local Mental Health Rules apply to:

(a) Conservatorships, other than those brought under the Probate Code;

(b) Petitions for capacity determinations and treatment;

(c) Petitions under Welfare and Institutions Code section 6500;

(d) Writs of habeas corpus under Welfare and Institutions Code sections 5250 and; 5275

(e) Petitions for assisted outpatient treatment and community conservatorship;

(f) Petitions for sexually violent predators and mentally disordered offenders; and

(g) All other civil commitments under the Welfare and Institutions Code.

Rule 6.2 adopted effective January 1, 2023.

Rule 6.3. Electronic filing and service

(a) Mandatory use of electronic filing

Effective April 1, 2023, represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic filing service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law. Under rule 2.253(b)(4) of the California Rules of Court, anyone required to e- file may request an exemption by filing a Request For Exemption From Mandatory Electronic Filing and Service (form EFS-007).

(b) Permissive use of electronic filing

Effective February 21, 2023, any party or other person may consent to participate in e-filing, using a court-approved EFSP, by filing a notice of consent with the court and serving all parties. Unless other service is required by law or court order, anyone who consents to participate in e-filing must consent to serve and accept service electronically.

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Local Rules of the Superior Court of California, County of Alameda

(c) Effective dates

The above effective dates may be reset by the court, as posted on the court’s website.

(d) Additional requirements

Documents must be e-filed in a searchable PDF format unless only a paper copy exists and must comply with the technical requirements listed on the court’s website, which includes a list of court-approved EFSPs.

(e) Exceptions

The following documents may not be e-filed:

(1) Bench warrants;

(2) Subpoenaed documents;

(3) Bonds;

(4) Undertakings; and

(5) Any other documents that are required by law to contain an original
signature or to be filed in original form.

(f) Courtesy copies

Unless otherwise ordered by the court, paper courtesy copies of all e-filed documents must be delivered to the clerk of the assigned department on the same day as they are e-filed or by the next court day if the relevant hearing is scheduled two or more court days after the date of e-filing. Any courtesy copy that would otherwise be due on a non-court day is instead due on the next court day.

(g) Confidentiality of filings

Unless otherwise ordered by the court, all documents related to mental health proceedings must be filed confidentially.

Rule 6.3 adopted effective January 1, 2023.

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