San Joaquin — Local Rules Effective January 2017 (PDF)

Source: https://www.sjcourts.org/sites/default/files/2026-02/local_rules.2017_compliant.pdf

Superior Court of California, County of San Joaquin

LOCAL RULES – Eff. January 1, 2017

Judges of the Superior Court

Hon. José Alva, Presiding Judge (2016-2017)

Hon. Linda Lofthus, Assistant Presiding Judge Hon. George J. Abdallah, Jr. Hon. Tony J. Agbayani, Jr. Hon. Robin Appel Hon. Michael D. Coughlan Hon. Kristine Eagle Hon. Bernard J. Garber Hon. Richard J. Guiliani Hon. Lesley Holland Hon. Carter P. Holly Hon. Seth R. Hoyt, Jr. Hon. Elizabeth Humphreys Hon. William D. Johnson Hon. Barbara Kronlund Hon. Anthony P. Lucaccini Hon. Richard M. Mallett Hon. Brett H. Morgan Hon. Michael J. Mulvihill Hon. Ron Northup Hon. Charlotte J. Orcutt Hon. Roger Ross Hon. W. Stephen Scott Hon. Lauren P. Thomasson Hon. Phillip R. Urie Hon. Xapuri B. Villapudua Hon. Richard A. Vlavianos Hon. David P. Warner

Commissioner Cheryl A. McCann Commissioner John Soldati Commissioner Sheryle Sparks

Rosa Junqueiro, Court Executive Officer / Jury Commissioner

Superior Court of California County of San Joaquin

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 222 E. Weber Avenue, Ste. 303 Phone: (209) 992-5695 Stockton, CA 95202 Effective January 1, 2017

TABLE OF CONTENTS Eff. Date Page

RULE 1. GENERAL ...................................................................................................................................... 6 1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION .............. 01/01/17 6 1-101. COURT CALENDARS ........................................................................................ 07/01/98 6 1-102. SELECTION AND IMPANELMENT OF JURORS .............................................. 11/27/06 6 1-103. “RESERVED FOR FUTURE USE” ..................................................................................... 7 1-104. INTERPRETERS ................................................................................................ 07/01/15 7 1-105. TRANSFER OF ADMINISTRATIVE PROCEDURES ......................................... 01/01/99 7 1-106. FIREARMS .......................................................................................................... 07/01/99 8 1-107. MEDIA COVERAGE ........................................................................................... 07/01/05 8 1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT................................................... 07/01/05 12 1-109. COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE .................................................................................. 07/01/06 13 1-110. DANGEROUS, LARGE OR BULKY EXHIBITS ................................................ 07/01/05 13 1-111. JUDICIAL VACATION DAY DEFINED ............................................................. 07/01/08 16 1.112. SELECTION OF COURT COMMISSIONERS .................................................. 07/01/10 16

RULE 2. CRIMINAL ................................................................................................................................... 17 2-100. DISCOVERY IN CRIMINAL CASES ................................................................. 07/01/98 17 2-101. PRE-TRIAL MOTIONS...................................................................................... 07/01/98 17 2-101.1 MOTIONS TO STRIKE PRIOR CONVICTIONS ............................................... 01/01/99 18 2-102. MEMORANDUM OF POINTS AND AUTHORITIES ......................................... 07/01/98 18 2-102.1 MOTIONS UNDER SECTION 1538.5 OF THE PENAL CODE ........................ 07/01/98 18 2-102.2 DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE ................... 07/01/98 19 2-103. MOTIONS AT TRIAL......................................................................................... 01/01/08 19 2-104. SANCTIONS ..................................................................................................... 07/01/98 20 2-105. PRE-TRIAL CONFERENCES ........................................................................... 07/01/98 20 2-106. JURY INSTRUCTIONS ..................................................................................... 07/01/14 21 2-107. MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON-JUDICIAL HOLIDAYS ........................................................................................................ 07/01/98 21 2-108. MOTION TO BE RELIEVED AS COUNSEL - RETAINED COUNSEL ............. 01/01/99 21 2-109. TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES ................. 07/01/15 21 2-110. ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS ........................ 07/01/99 22 2-111. REQUESTS TO MODIFY JUDGMENT ............................................................ 01/01/03 22 2-112. CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS ......................................................... 07/01/06 22 2-113. BAIL SCHEDULE RULE ................................................................................... 01/01/10 22 2-114. SUBMISSION OF DOCTOR REPORTS TO DETERMINE MENTAL HEALTH COMPENTENCY PER PC 1368 .………………………… .............. 01/01/17 22

RULE 3. CIVIL ......................................................................................................................................... 24 3-100. IMPLEMENTATION .......................................................................................... 07/01/15 24 3-101. DIRECT CALENDARING OF CIVIL CASES .................................................... 07/01/15 24 3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION .................................... 01/01/14 24 3-103. TELEPHONE APPEARANCES ........................................................................ 01/01/14 28 3-104. SETTLEMENT CONFERENCE PROCEDURES ............................................. 01/01/14 29 3-105. PROPOSED FINDING, ORDER, JUDGMENT OR DECREE .......................... 01/01/14 31

1.1

Superior Court of California County of San Joaquin

3-106. EX PARTE APPLICATIONS AND ORDERS .................................................... 07/01/15 31
3-107. PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD
LITEM ................................................................................................................ 01/01/09 32
3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS ......... 01/01/14 32
3-109. DEATH OF A PARTY ........................................................................................ 07/01/98 32
3-110. CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED
PERSON ........................................................................................................... 01/01/09 32
3-111. ATTORNEY FEES IN ACTIONS ON PROMISSORY NOTES,
CONTRACTS PROVIDING FOR PAYMENT OF ATTORNEY FEES,
AND FORECLOSURES .................................................................................... 01/01/17 33
3-112. ORDERS SHORTENING TIME ........................................................................ 01/01/02 34
3-113. CIVIL LAW AND MOTION ................................................................................ 01/01/17 34
3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS ........................... 01/01/14 35
3-115. [Repealed 07/01/15]………………………………………………………………….07/01/15 35
3-116. JURY FEES AND EXPENSES ......................................................................... 01/01/14 35
3-117. COURTESY COPIES OF BRIEFS AND PAPERS ........................................... 01/01/14 35
3-118. “RESERVED FOR FUTURE USE” ................................................................... 07/01/05 36
3-119. “RESERVED FOR FUTURE USE” ................................................................... 07/01/05 36
3-120. SUBSTITUTE SERVICE ................................................................................... 07/01/05 36
3-121. ALTERNATIVE DISPUTE RESOLUTION ............................. ………………… 01/01/14 36
3-122. JUDICIAL ARBITRATION [Local Rule 3-121 revised] ...................................... 01/01/14 37
3-123. CIVIL MEDIATION PROGRAM ........................................................................ 01/01/14 38
3-124. BINDING ARBITRATION ............................................ …………………………. 01/01/14 41
3-125. NEUTRAL EVALUATION ................................................................................. 01/01/14 41
3-126. TRIAL BY REFERENCE ………………………………………………………… .. 01/01/14 41
3-127. EXPEDITED JURY TRIAL EJT.………………………………………………….. 01/01/14 42

RULE 4. PROBATE .................................................................................................................................... 43 PART ONE - GENERAL PROCEDURAL GUIDE ....................................................................................... 43 4-101. ALL PETITIONS ................................................................................................ 01/01/12 43 4-102. UNCONTESTED MATTERS ............................................................................ 01/01/11 43 4-103. CONTESTED MATTERS .................................................................................. 01/01/14 43 4-104. WHEN PERSONAL APPEARANCE REQUIRED ........................................... 01/01/14 43 4-105. CONSOLIDATION WITH THE LOWEST NUMBER ......................................... 01/01/11 44 4-106. EX PARTE APPLICATIONS ............................................................................. 01/01/09 44 4-107. ADDITIONAL INFORMATION REGARDING BENEFICIARIES ....................... 01/01/14 44 4-108. ORDERS – CONTENTS, ATTACHMENTS & SIGNATURE PAGE ........................... 01/01/14 44 4-109. WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING .......................................................................................................... 01/01/11 44 4-110. PROHIBITION AGAINST ADVANCEMENT OF PROBATE MATTERS ONCE NOTICED ............................................................................................... 01/01/11 44 4-111. REQUESTING A CONTINUANCE ................................................................... 01/01/13 45 4-112. CAPTION ON PLEADINGS .............................................................................. 01/01/09 45 4-113. COURT CREATED TRUSTS.………………………………………………………01/01/09 45 4-114. PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY……………….01/01/13 45 PART TWO - DECEDENTS’ ESTATES .................................................................................................... 45 4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES ...... 01/01/08 45 4-202. ADVISEMENT FORM REQUIRED FOR APPOINTMENT OF PERSONAL REPRESENTATIVE ..................................................................... 01/01/11 45 4-203. [Repealed 01/01/11] ......................................................................................... 01/01/11 46 4-204. COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A. ................................................................ 01/01/09 46 4-205. BROKER’S COMMISSION ............................................................................... 01/01/08 46 4-206. APPLICATION FOR FAMILY ALLOWANCE .................................................... 01/01/11 46 4-207. PETITION FOR PRELIMINARY DISTRIBUTION ............................................. 01/01/11 46 4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION ............................................................................................. 01/01/11 47

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Superior Court of California County of San Joaquin

4-209. STATUS REPORTS REQUIRED ALLEGATIONS ........................................... 01/01/11 47 4-210. FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION ................... 01/01/08 47 4-211. “RESERVED FOR FUTURE USE” [Repealed 01/01/14] ...................................... 01/01/14 48 4-212. FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT .............. 01/01/08 48 4-213. EXTRAORDINARY ATTORNEY FEES ............................................................ 01/01/14 48 4-214. FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED........................................................................................... 01/01/11 49 4-215. REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION ................................................................................................. 01/01/14 49 4-216. MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION...................................................................................... 01/01/14 49 4-217. REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION ................. 01/01/11 50 4-218. NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD……… 01/01/13 51 PART THREE - SPOUSAL PROPERTY PETITIONS ................................................................................ 51 4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME .......... 01/01/08 51 4-302. WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT ........................................................................................................... 01/01/09 51 PART FOUR - TRUSTS .............................................................................................................................. 51 4-401. FEES ................................................................................................................. 01/01/14 51 4-402. REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE .............. 01/01/09 52 4-403. “RESERVED FOR FUTURE USE” [Repealed 01/01/13].................................. 01/01/13 53 PART FIVE - CONSERVATORSHIP .......................................................................................................... 53 4-501. APPOINTMENT OF COURT INVESTIGATOR ................................................ 01/01/11 53 4-502. CONFIDENTIAL SCREENING FORM.............................................................. 01/01/11 53 4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING ........... 01/01/11 53 4-504. SETTING PETITIONS TO BE INVESTIGATED FOR HEARING ..................... 01/01/09 53 4-505. COMPENSATION AND FEES .......................................................................... 01/01/14 53 4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED ........................................ 01/01/09 55 4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS .................. 01/01/09 55 4-508. SUBSTITUTED JUDGMENT ............................................................................ 01/01/11 55 4-509. DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILED ................................................................................................................ 01/01/14 56 4-510. START UP FEE ................................................................................................ 01/01/09 56 PART SIX - PARTICULAR TRANSACTIONS ............................................................................................ 57 4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT .......... 01/01/09 57 PART SEVEN - GUARDIANSHIP ............................................................................................................... 57 4-701. GUARDIANSHIP RULES ...................................................................................... 01/01/08 57 4-702. APPOINTMENT OF GUARDIAN ...................................................................... 01/01/14 57 4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON ............... 01/01/14 57 4-704. GUARDIANSHIP OF PARTICULAR PROPERTY ............................................ 01/01/09 57 PART EIGHT - MINORS COMPROMISE ................................................................................................... 58 4-801. ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS ......................................................................................................... 01/01/09 58 4-802. SETTLEMENTS WITH AN ANNUITY ............................................................... 01/01/11 58 4-803. SETTLEMENTS CREATING A TRUST ............................................................ 01/01/11 58 4-804. SETTLEMENTS CREATING A BLOCKED ACCOUNT .................................... 01/01/11 59

RULE 5. JUVENILE ................................................................................................................................... 60 5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS ........................... 07/01/98 60 5-200. EX PARTE APPLICATIONS ............................................................................. 07/01/98 60 5-300. PETITIONS TO MODIFY (§388 W&I) ............................................................... 07/01/98 60 5-400. GENERAL COMPETENCY REQUIREMENT ................................................... 07/01/98 61 5-401. RESERVED FOR FUTURE USE [Repealed 01/01/14] .................................... 01/01/14 61 5-402. SCREENING FOR COMPETENCY .................................................................. 07/01/98 61 5-403. REPRESENTATION OF MINORS .................................................................... 07/01/98 61

3.3

Superior Court of California County of San Joaquin

5-404. MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO
RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY
COURT ............................................................................................................. 07/01/98 62
5-405. PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-
404 .................................................................................................................... 07/01/98 62
5-406. TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS ........... 07/01/98 62
5-407. APPLICATION OF THESE RULES .................................................................. 07/01/98 62
5-408. ATTORNEY COMPLAINT PROCESS .............................................................. 07/01/98 62
5-409. MINORS' INTERESTS IN OTHER PROCEEDINGS ........................................ 07/01/98 62
5-410. THE ADVOCATE PROGRAM .......................................................................... 01/01/03 62
5-411. CHILD ADVOCATES ........................................................................................ 01/01/03 63
5-500. RELEASE OF INFORMATION TO ADVOCATE .............................................. 01/01/03 64
5-501. RIGHT TO TIMELY NOTICE ............................................................................ 01/01/03 65
5-502. CALENDAR PRIORITY .................................................................................... 01/01/03 65
5-503. VISITATION THROUGHOUT DEPENDENCY ................................................. 01/01/03 65
5-504. FAMILY LAW ADVOCACY ............................................................................... 01/01/03 65
5-505. RIGHT TO APPEAR ......................................................................................... 01/01/03 65
5-506. ORDER OF JUVENILE COURT THAT DIRECT CALENDAR SYSTEM,
“ONE CHILD ONE JUDGE” RULE SHALL APPLY TO ALL
DELINQUENCY CASES ................................................................................... 07/01/15 65
5-507. RECIPROCAL DISCOVERY ............................................................................ 07/01/06 66

RULE 6. DIRECT FACSIMILE (FAX) FILING - CIVIL MATTERS ............................................................. 67 6-100. IMPLEMENTATION .......................................................................................... 01/01/17 67 6-101. JUVENILE COURT FAX FILING ...................................................................... 01/01/17 67

RULE 7. FAMILY LAW ............................................................................................................................... 68 7-100. EMERGENCY ORDERS .................................................................................. 01/01/14 68 7-101. ORDER EXCLUDING A PARTY FROM THE HOME ....................................... 07/01/98 68 7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS ............................. 01/01/14 68 7-103. MEET AND CONFER REQUIREMENT ............................................................ 01/01/14 70 7-104. MEDIATION ...................................................................................................... 01/01/14 70 7-105. SUPPORT ......................................................................................................... 01/01/14 71 7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS ................ 01/01/17 71 7-107. DEFAULTS ....................................................................................................... 07/01/98 72 7-108. AT-ISSUE MEMORANDUMS ........................................................................... 01/01/14 72 7-109. RESULT OF FAILURE TO COMPLY WITH RULES ........................................ 01/01/14 72 7-110. SETTLEMENT CONFERENCES ...................................................................... 01/01/15 72 7-110.5 PRE TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION…… .......... 01/01/17 73 7-111. FAMILY LAW TENTATIVE RULINGS .............................................................. 01/01/15 73 7-112. DUTIES OF FAMILY LAW FACILITATOR ....................................................... 07/01/98 73 7-113. JUDICIAL CAVEAT ........................................................................................... 07/01/98 74 7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS ........................................ 01/01/14 74

RULE 8. ADOPTION PROCEEDINGS ...................................................................................................... 76 8-101. KINSHIP AGREEMENTS ................................................................................. 07/01/05 76 8-201. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS - CAPTION ............................................................................ 07/01/98 76 8-202. TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT ..................................................... 01/01/99 76 RULE 9. “RESERVED FOR FUTURE USE” [Repealed 07/01/15]………………….................. 07/01/15 78

RULE 10. APPELLATE DIVISION .............................................................................................................. 79 10-100. JURISDICTION ................................................................................................. 07/01/15 79 10-101. JUDICIAL ASSIGNMENT AND SESSIONS............................................................. 07/01/15 79 10-102. RECORD ON APPEAL ..................................................................................... 07/01/15 79 10-103. REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT ............... 07/01/15 79 10-104. USE OF OFFICIAL ELECTRONIC RECORDING. ........................................... 07/01/15 80 10-105. BRIEFS ............................................................................................................. 07/01/15 80

4.4

Superior Court of California County of San Joaquin

10-106. APPOINTED COUNSEL. .................................................................................. 07/01/15 80
10-107. ORAL ARGUMENT ........................................................................................... 07/01/15 80

LOCAL FORMS LIST…………………………………………………………………………………. 01/01/17 81

5.5

Superior Court of California County of San Joaquin

RULE 1.GENERAL

1-100. EFFECT OF RULES, CITATION OF RULES AND CONSTRUCTION

A. These rules shall be known and cited as “Local Rules of the Superior Court of California,
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, 2017, 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.01/01/17)

1-101. COURT CALENDARS

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

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 branch from the countywide master list.
Prospective jurors summoned for trials transferred from Stockton to the Lodi,
Manteca, or Tracy branches shall also be summoned from the countywide
master list. Prospective jurors summoned for limited jurisdiction trials and
misdemeanors trials transferred from Stockton to the Lodi, Manteca, or Tracy
Branches shall be summoned from the master list for the area served by the
court to which the case is transferred.

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

6.6

Superior Court of California County of San Joaquin

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

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

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

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

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

5. Seasonal employment;

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

7. Any other legitimate temporary or marginal hardship not expressly defined that,
in the opinion of the trial court, would justify a deferral. (Eff. Date 11/27/06)

1-103. “RESERVED FOR FUTURE USE”

1-104. INTERPRETERS

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

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).

7.7

Superior Court of California County of San Joaquin

1-106. FIREARMS

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

A. the south wing of the Courthouse, housing Departments 11-16, 21-26 and 31-36, located
at 222 E. Weber Avenue in Stockton, California;

B. Departments B1, 17, 41 and 42 located in the Courthouse at 222 E. Weber Avenue,
Stockton, California;

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

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

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

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

G. the court wing beginning at the door entry to the metal detectors of the building that
houses Departments J1 and J2 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. 07/01/99)

1-107. MEDIA COVERAGE

A. This rule is established under the authority recognized in subdivision (e)(4) of California
Rule of Court 980 to supplement Rule 980. The words and phrases used in this rule
have the same meanings as in Rule 980. Nothing in this rule changes or affects the
procedures established in the California Rules of Court regarding the coverage of court
proceedings by electronic media.

B. Knowledge of the Rule

California Rule of Court 980, 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 980. Each media agency shall also be responsible for ensuring that its
personnel know and follow this rule.

8.8

Superior Court of California County of San Joaquin

C. Media Requests

1. The approved Judicial Council form shall be filed with 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 filing the form less 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 Rule 980 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 filed with 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. The hallways in the Stockton Branch are used to walk in-
custody prisoners to and from courtrooms because there is no other access.
Prospective and sworn jurors often congregate in the same hallways. There are
only seven jury deliberation rooms at the Stockton Branch. Prospective and
sworn jurors, witnesses, spectators, litigants, and their children also congregate
in the same hallways. Often these hallways 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)(v) and (e)(6)(iv) of Rule 980.

(b) Preserve the security of the court and the safety of people in the
courthouse as contemplated by subdivision (e)(xv) of Rule 980.

(c) Preserve the dignity of the court and prevent interference with the orderly
conduct of proceedings in courtrooms as contemplated in subdivisions
(e)(3)(xv), (xvii), (xviii) of Rule 980 which could be affected by disruptions
in the hallways outside of courtrooms.

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Superior Court of California County of San Joaquin

(2) Jurors

Photographing, videotaping, filming, broadcasting, and electronic recording of jurors in the courtroom is prohibited by subdivision (e)(6)(iv) of California Rule of Court 980. Except as provided below, the photographing, videotaping, filming, broadcasting, and electronic recording of anyone wearing a juror badge, whether intentional or inadvertent, anywhere in any San Joaquin County Superior Court courthouse shall also be prohibited. The photographing, videotaping, filming, broadcasting, and electronic recording of anyone standing in line going into the Jury Assembly Room at the Stockton Branch is also prohibited. The faces of anyone wearing juror badges or anyone standing in line going into the Jury Assembly Room at the Stockton Branch inadvertently depicted in the background of any photograph or videotape must be blurred or digitized beyond recognition before being published or broadcasted. Photographing, videotaping, filming, broadcasting, and electronic recording of prospective jurors who have been discharged from service, seated jurors who have been discharged from service or alternates who have been discharged from service is permitted in the courthouse only when that person consents.

(3) Spectators

(a) Photographing, videotaping, filming, broadcasting, and electronic
recording of courtroom spectators is prohibited by subdivision (e)(6)(iv)
of California Rule of Court 980. This prohibition shall apply to the
photographing or videotaping of any person while seated in any San
Joaquin County 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 980 authorization has previously been granted for those
proceedings. However, the judge who authorizes a 980 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 980 request.

(4) Stockton Branch

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 Branch courthouse:

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

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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 jury deliberation rooms.

(5) Stockton Branch - 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 during
prisoner escort in courthouse hallways. Members of the media must
comply whenever sheriff’s court security staff performing prisoner escort
or other security procedures orders them to move to some other location
in the hallway.

(b) Members of the public, including members of the media, shall not
obstruct or compromise the security operations in the lobby and shall not
obstruct the movement of people in the lobby. Sheriff’s court security
staff has the authority to determine when security operations are
compromised or obstructed by persons in the lobby. 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.

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

(6) Juvenile Justice Center

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

(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 at or near the entrances of any of the branches is not prohibited, but such media coverage shall not obstruct pedestrian traffic or compromise security.

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Superior Court of California County of San Joaquin

(9) Additional Orders

On occasion, the media interest in given court proceedings may be so intensive
that additional prohibitions are warranted to satisfy the concerns listed in section
1-107D(1). 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 Rule of Court 980 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 Rule of Court 980. Additionally, any media agency who
violates any provision in Rule 980 or this local rule may be prohibited from photography,
videotaping, filming, broadcasting or electronic recording of future court proceedings
inside courtrooms. (Eff. 07/01/05)

1-108. USE OF CAMERA PHONES, OTHER PHOTOGRAPHIC EQUIPMENT AND AUDIO RECORDING EQUIPMENT

A. This 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 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.

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Superior Court of California County of San Joaquin

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

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

1-109. COMMISSIONERS JUVENILE COURT REFEREES APPOINTED JUDGE PRO TEMPORE

Commissioners and Juvenile Court Referees of the San Joaquin County 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.

The form of the posted notice is: “Commissioners and Juvenile Court Referees are appointed Judge Pro Tempore for all hearings and trials before them. Your appearance, without prompt notice to the contrary, constitutes your stipulation to this appointment, which grants full judicial powers until a final determination of the cause.” (Eff. 07/01/06)

1-110. DANGEROUS, LARGE OR BULKY EXHIBITS

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,
ethylether;

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

f. Canisters containing tear gas, mace;

g. Rags which have been soaked with flammable liquids;

h. Liquid drugs such as phencyclidine (PCP), methamphetamine, corrosive
liquids, pyramiding, morphline, or piperdine;

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

j. Controlled or toxic substances.

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Superior Court of California County of San Joaquin

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;

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

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Superior Court of California County of San Joaquin

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.

EXHIBITS

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

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

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

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

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

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

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

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1-111. JUDICIAL VACATION DAY DEFINED

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

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

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

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

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

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

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

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Superior Court of California County of San Joaquin

RULE 2. CRIMINAL

2-100. DISCOVERY IN CRIMINAL CASES

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

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

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

(ii) contempt;

(iii) delaying or precluding the testimony or evidence;

(iv) continuance;

(v) jury instruction commenting on the party's failure to comply with their discovery
obligations;

(vi) dismissal where required by the United States Constitution;

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

2-101. PRE-TRIAL MOTIONS

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)

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Superior Court of California County of San Joaquin

2-101.1 MOTIONS TO STRIKE PRIOR CONVICTIONS

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

2-102. MEMORANDUM OF POINTS AND AUTHORITIES

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

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

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:

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1. List of Items to be Suppressed or Returned:

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

2. Specification of Factual and Legal Basis for Motion:

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

3. Specification of Intended Witnesses:

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

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

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

5. Stipulation to Transcript of Preliminary Examination Superior Court:

When any party is unwilling to stipulate to the transcript of the prelim inary 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

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

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.

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Superior Court of California County of San Joaquin

B. Misdemeanor Cases

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

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

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

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

A. Preparation of Attorneys

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

B. Felony Cases - Pretrial Conference Questionnaire

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

The People must serve and deliver the pretrial conference questionnaire to the courtroom where the conference is to be held no later than two court days prior to the scheduled

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pre-trial conference. Counsel for the defense are encouraged to submit a pre-trial

conference questionnaire as well. These questionnaires shall remain confidential. (Eff. 07/01/98)

2-106. JURY INSTRUCTIONS

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

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

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

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

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

2-109. TAPE RECORDED PROCEEDINGS IN MISDEMEANOR CASES

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

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

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

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

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

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

2-110. ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS

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

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

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 involving Stockton Branch case3s shall be made to the presiding criminal judge. All requests for release involving Lodi, Manteca or Tracy branch cases shall be made to the sentencing judge, or if that judge is not available, the request shall be made to another judge sitting in the branch. 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. 07/01/06)

2-113. BAIL SCHEDULE RULE

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

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

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 via the Court’s secure file sharing web based service. See California Rule of Court 2.250. 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 22.22

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court day prior to the hearing and shall be submitted as described in subsections 1 or 2 above.

B. Any agency or doctor desiring to file reports electronically shall submit a written request to the manager of the Stockton Criminal department to set up and establish access. (Eff. 01/01/17)

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RULE 3. CIVIL

3-100. IMPLEMENTATION

The mandates set forth in the San Joaquin County 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. 07/01/15)

3-101. DIRECT CALENDARING OF CIVIL CASES

THESE RULES APPLY TO ALL CIVIL CASES (LIMITED AND UNLIMITED) 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 affix to the face of the complaint or petition, and also upon
the face of the Notice of Case Management Conference, by stamp or other writing, the
following notice:

“THIS CASE HAS BEEN ASSIGNED TO JUDGE_____________ IN DEPARTMENT
_____ FOR ALL PURPOSES, INCLUDING TRIAL”.

Time limits for peremptory challenges of judges, commissioners and referees are
governed by CCP Section 170.6. (Eff. 07/01/15)

3-102. ADMINISTRATION OF GENERAL CIVIL LITIGATION

NOT APPLICABLE TO LIMITED CIVIL CASES

A. Policy:

It is the policy of the San Joaquin County 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.

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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). Plaintiff is required to file a
dismissal within ten (10) days after receipt of monies or 60 days after the
arbitration hearing in all uninsured motorist cases.

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

B. Procedure

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

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

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

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

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.

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D. Stays of Action/Alternative Dispute Resolution Requirements

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

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

E. Extensions by the Court

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

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

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

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 150 days of the filing date of the original
complaint), and

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

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

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

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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.

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.

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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.

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 County’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. The departments which normally hear civil
cases are 11, 13, 41 and 42.

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).

Service of 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. (Eff. 01/01/14)

3-103. TELEPHONE APPEARANCES

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

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moving party on an ex parte matter must personally appear unless such personal
appearance is excused by the Judge assigned to hear the matter.

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

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

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

3-104. SETTLEMENT CONFERENCE PROCEDURES

Section 1: Settlement Conference Statements

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

Section 2: Necessary Preparation

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

Section 3: Materials to be Brought to Conference

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

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shall attend the conference. The court may excuse the attendance of a party or insurance company representative for good cause, such as excessive distance, if the person excused agrees to be immediately available by telephone at all times during the conference.

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

Section 5: Settlement Conference Checklist

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

1. California Rules of Court

Rule 3.1380 - Mandatory Settlement Conferences

Rule 3.1385 - Duty to Notify Court of Disposition

2. San Joaquin County 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.

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

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

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

a. Temporary or permanent

b. Disabling or non-disabling

c. Disfiguring or not

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

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

8. Your reduction of verdict range for:

a. Comparative negligence

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. 01/01/14)

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

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

3-106. EX PARTE APPLICATIONS AND ORDERS

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.

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The moving party may schedule the ex parte hearing date in the Superior Court Clerk’s Office when the moving papers are filed. 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 determ ining 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. 07/01/15)

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

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

3-108. PLEADINGS AND RECORDS IN EMINENT DOMAIN PROCEEDINGS

A. Proceeding involving more than one parcel of property.

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

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

B. Application for final order of condemnation.

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

3-109. DEATH OF A PARTY

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

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

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

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

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 lessor of:
1) NINE HUNDRED SIXTY DOLLARS ($960) for book accounts based upon an
obligation owing by a natural personal for goods, moneys, or services which were
primarily for personal, family or household purposes; and ONE THOUSAND TWO
HUNDRED DOLLARS ($1200) for all other book accounts to which Civil Code section
1717.5 applies, or 2) 25% of the principal obligation owing under the contract.

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

C. Contested Action on Note or Contract

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

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F. In actions for unlawful detainers for possession of residential property, except for property
governed by Civil Code section 798, et seq., the attorney’s fees awarded by the court will
not, under normal circumstances, exceed THREE HUNDRED DOLLARS ($300). (Eff.
01/01/17)

3-112. ORDERS SHORTENING TIME

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

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

(STOCKTON BRANCH 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 BRANCH 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) wishes 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 stipulation up to five court days before the hearing date by
contacting the calendar unit of the superior court at (209) 992-5714. To prevent the

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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. (Eff. 01/01/17)

(Subd (E) amended (deleted) effective July 1, 2015.

(Subd (F) amended (deleted) effective July 1, 2015.

3-114. CHAMBERS CONFERENCES AND EX PARTE MATTERS

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 through the
Superior Court Clerk's office. (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.
01/01/14)

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

3-116. JURY FEES AND EXPENSES

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

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

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

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. It is the policy of the Superior Court to
discourage the submission of “courtesy copies” of briefs and papers directly to the civil law
departments.

Parties may, but are not required, provide courtesy copies of reply briefs, papers filed in specially set matters, or papers filed in other matters wherein the court requests a courtesy copy. Such courtesy copies should be stamped with “Courtesy Copy” and delivered directly to the courtroom

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clerk in the department that will hear the matter. Courtesy copies are not to be filed. (Eff.
01/01/14)

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

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

3-120. SUBSTITUTE SERVICE

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

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

A. ADR Options

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

Mediation

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

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

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

d. Neutral Evaluation

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

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

B. ADR Information

Attorneys shall provide their clients with a copy of San Joaquin County 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 County 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.

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C. ADR Participation

Participation in any ADR program offered by the Court or as agreed upon by the parties is strongly encouraged. Parties may request ADR by selecting an ADR option on the Case

Management Conference Statement (Judicial Council Form CM-110) and/or completing a Stipulation and Order to Participate in Alternative Dispute Resolution (Sup. Ct. Form 441).

D. ADR Assessment at Case Management Conferences

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

a Further Case Management or Trial Setting Conference.

E. ADR Neutral Panels

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

F. Notice of Settlement

If a case that has been set for judicial arbitration or court mediation settles, plaintiff must

immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court. (Eff. 01/01/2014)

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

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 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.

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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)

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 in managing the outcomes of their own cases. The Superior Court of California, 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.

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

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

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

3. Filing the Stipulation Following a Case Management Conference

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

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 County Superior
Court.

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

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

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

2. All mediators must:

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

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

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

F. Mediation Fees

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

G. Confidentiality

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

This rule does not prohibit:

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

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

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

4. Disclosures as are otherwise required by law.

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

H. Post-Mediation Evaluations and Forms

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

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.

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I. Modification to the Program

The court may publicize additional procedural requirements and guidelines for the San
Joaquin County 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. 01/01/14)

3-124. BINDING ARBITRATION

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

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

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

A. Trial Referee The court’s Mediator Panel lists experienced attorneys in specific practice areas, who may be

willing to serve as a trial referee. Parties may agree to utilize other attorneys, mediators, or retired judges who are not on the court’s Mediator Panel to serve as a trial referee.

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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)

It is the policy of the San Joaquin County 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. 01/01/14)

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RULE 4. PROBATE PART ONE

GENERAL PROCEDURAL GUIDE

4-101. ALL PETITIONS

A. Calendaring

Petitions shall be set as follows: 1) all Decedent’s Estate, Summary Probate, Trust and
other Probate proceedings will be set on Monday, Wednesday or Friday; and 2) all
Conservatorship and Guardianship of the Estate proceedings shall be set on Tuesday or
Thursday consistent with the following filing requirements:

1. Petitions with all supporting papers, including the Notice of Hearing, but
excepting the proof of service, must be on file four weeks before the hearing date.
Questions regarding hearing dates, and requests to continue, can be addressed
to the Probate Clerk at (209) 992-5696.

2. Every petition or motion must include the appropriate Judicial Council “Notice of
Hearing” form. This document initiates the clerk’s calendaring process. Without
the Notice of Hearing the matter will not appear on calendar.

3. Matters involving the Public Defender, or the Public Conservator, must be set for
hearing Tuesdays or Thursdays only. (Eff. 01/01/12)

4-102. UNCONTESTED MATTERS

A. Tentative Rulings

Tentative rulings and the probate examiner’s notes appear on the court’s web site.

B. 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. 01/01/11)

4-103. CONTESTED MATTERS

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

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

B. The attorney for a conservatee, or ward, shall personally appear on petitions which
concern the conservatee, or ward, respectively. (Eff. 01/01/14)

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4-105. CONSOLIDATION WITH THE LOWEST NUMBER

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

Where statute and the California Rules of Court make no express provision for notice of an ex parte petition, notice in the manner provided in California Rule of Court 3.1200 is required. (Eff. 01/01/09)

4-107. ADDITIONAL INFORMATION REGARDING BENEFICIARIES

Where any petition calls for the relationship of the heirs or devisees, a chart or list of lineal descent must be included. If any beneficiary named in the Will has predeceased the testator, the fact must be stated. (Eff. 01/01/14)

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

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. (Eff. 01/01/14)

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

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:

Where the petition contains the accounting of a trustee, or

Where a fiduciary or attorney is requesting extraordinary fees or commissions. (Eff. 01/01/11)

4-110. PROHIBITION AGAINST ADVANCEMENT OF PROBATE MATTERS ONCE NOTICED

When a hearing on a probate matter has been noticed, or when it has been notices and continued to a definite date, the matter cannot be heard before the date set, neither by means of a new petition, an amended petition, a new notice, or otherwise. (Eff. 01/01/11)

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4-111. REQUESTING A CONTINUANCE

The Court will allow an initial request to continue a hearing on any Noticed matter be made by telephone or other communication with probate staff. The Court will consider and rule on the request at the hearing. Any subsequent request for a continuance(s) will need to be made in person at the hearing. (Eff. 01/01/13)

4-112. CAPTION ON PLEADINGS

The caption of each pleading shall include the date and the department of the hearing. (Eff. 01/01/09).

4-113. COURT CREATED TRUSTS

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

4-114. PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY

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

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

Each known intestate heir,

Each known devisee whose interest in the property would be affected. (Eff. 01/01/13)

PART TWO

DECEDENTS’ ESTATES

4-201. NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES

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

4-202. ADVISEMENT FORM REQUIRED FOR APPOINTMENT OF PERSONAL REPRESENTATIVE

An official printed form, entitled “ADVICE TO HEIRS” is available at the Clerk’s Office and on the Court’s website. The Advice to Heirs shall be mailed prior to the hearing of the petition for appointment of a personal representative to the following:

In intestate estates, each person entitled to receive a copy of the Notice of Hearing;

In testate estates, each person or institution named in the Will to receive an asset of the estate.

The fact of such mailing must be proved by a Proof of Services of Mailing on file prior to the hearing on the petition. (Eff. 01/01/11)

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4-203. [4-203 Repealed 01/01/11]

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

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

4-205. BROKER’S COMMISSION

Upon the confirmation of the sale of real property, justification is required for a commission in excess of six percent. (Eff. 01/01/08)

4-206. APPLICATION FOR FAMILY ALLOWANCE

The petition shall include:

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

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

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

4. The date of the application;

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

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

4-207. PETITION FOR PRELIMINARY DISTRIBUTION

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

B. The petition for preliminary distribution must state:

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

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

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

2. The estate is solvent; and

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

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4-208. REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION

A. The petition must contain the following allegations:

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

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

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

4-209. STATUS REPORTS REQUIRED ALLEGATIONS

The status report required by Probate Code Section 12200 shall include, the following allegations:

1. The date of decedent’s death;

2. The date of issuance of Letters;

3. The filing date of the Inventory (or Inventories), and the total value thereof;

4. A statement whether the value of the estate required the filing of the federal estate tax
return, and if so, the date filed and the amount of tax paid;

5. A statement of the condition of the estate in regard to the payment of debt and claims,
and the general nature and value of the assets on hand;

6. A statement of the reason or reasons the estate has not been distributed and closed;

7. A statement of the estimated time required to complete the administration; and

8. A statement of the reason, if any, why continued administration would be in the best
interest of the estate and the persons interested in it. (Eff. 01/01/11)

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

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

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

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4-211. “RESERVED FOR FUTURE USE” (4-211 Repealed 01/01/14)

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

A petition for partial allowance on statutory compensation, filed prior to the petition for final distribution must contain a recital of the work actually completed. Ordinarily the last 30 percent of the statutory compensation will not be allowed prior to the approval of the final accounting. (Eff. 01/01/08)

4-213. EXTRAORDINARY ATTORNEY FEES

A. In addition to those items listed in California Rule of Court 7.703, the following types of
legal services are considered to be outside the scope of services contemplated by the
statutory fee provisions of the Probate Code, and additional compensation may be
allowed on an individual basis upon a detailed statement of services rendered:

Spousal Set-Asides

Preliminary distribution to residuary beneficiaries and trustees

Petitions for Authority to Carry Out Decedent’s Contracts

Representation of the fiduciary in the following tax matters

Leases

Petitions to Borrow Money

Heirship Proceedings

Petitions for family Allowance

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

C. Notice of Hearing

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

D. Order

The order should list separately, and provide separate compensation for, each category
of service. The amounts requested should be typed in the proposed order.
(Eff. 01/01/14)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A. Distribution to Minors

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

B. Distribution to a Trust

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

C. Distribution to an Assignee

If distribution is to be made pursuant to an assignment of interest, the assignment must
be filed and the details of the consideration set forth in the petition. The assignment must
contain a notarial acknowledgment.

D. Distribution Pursuant to Agreement

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

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

E. A Statement of the Status of Assets

If decedent left a surviving spouse or if distribution is to be made to heirs of a
predeceased spouse pursuant to Probate Code Section 6402.5, the petition must contain
a statement of the community or separate status of all assets to be distributed.

F. Reimbursement for Costs Advanced

If counsel or the personal representative is seeking reimbursement for costs in excess of
$1,500.00, an itemization of those costs must be set forth. (Eff. 01/01/14)

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

A. Distribution to a Minor or Conserved Person

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

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B. Distribution to Testamentary Trustee

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

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

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

PART THREE

SPOUSAL PROPERTY PETITIONS

4-301. PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME

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

assets, the petition cannot be set for hearing until the survival period has expired. (Eff. 01/01/08)

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

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:

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

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

PART FOUR

TRUSTS

4-401. FEES

A. 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 fees is part of a petition seeking other relief, the title of the petition
embodying such application for fees and the notice of hearing shall include a reference to
the request for fees.

C. Trustee’s Fees: In the absence of a formula in the trust for fees, the normal fee allowed by the court for an annual accounting covering a twelve-month period is three-fourths of one percent of the market value of the trust assets on the date of the close of the account. However, the normal fee for a licensed Private Professional Fiduciary, bank, entity authorized to transact business as a trust company, any public officer or agency of the State of California, is one per cent of the market value of the trust assets on the date of

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the close of the account. 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 must detail in the petition facts that would justify the request;
if more than one category of unusual services was rendered, the services must be
separately stated and a value assigned to each.

D. Attorney’s fees: In the absence of a formula in the will for fees of the attorney for the
trustee, the attorney fees for preparation, filing, and presenting the report and order (in
absence of demonstration to the contrary) will generally be:

1. For counsel to a licensed Private Professional Fiduciary, bank, or entity
authorized to transact business as a trust company, an amount equal to one-third
of the trustee’s normal fee, as computed in Section C, for a twelve-month period,
or $1,000.00, whichever is greater;

2. For counsel to a trustee who is not a licensed Private Professional Fiduciary,
bank, or entity authorized to transact business as a trust company, an amount
equal to one-half of the trustee’s normal fee, as computed in Section C, for a
twelve-month period, or $1,000.00, whichever is greater.

3. An attorney who seeks greater compensation must detail in the petition the time
spent, the difficulty of the services, the results accomplished, and other facts to
guide the court in assessing the merit of the request. If more than one category
of services was rendered, the services must be separately stated and a value
assigned to each. The detail must include the hourly rate of each person who
performed services and the time spent by each of them.

4. Attorney fees for accountings for periods longer than twelve months will not
automatically increase, proportionately or otherwise. (Eff. 01/01/14)

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

A report shall contain:

A. A concise reference to the purposes of the trust and how they have been satisfied by the
trustee during the period of the account;

B. The names and addresses of the beneficiaries (both present and future interests);

C. A brief summary of distribution made to or for the benefit of the beneficiaries, and, in the
case of a special needs trust, a brief summary establishing that the distributions do not
disqualify the beneficiary from public benefits.

D. The investment objectives and results with reference to the purposes of the trust, when appropriate;

E. A statement of the percentage rate of return on all property invested. The purpose of the
report is to provide a brief summary of the account measured in terms of the specific trust
objectives and requirements. It should not merely recite what has been done, but should
relate the activities reflected in the account to the purposes and persons for which the
trust was created.

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F. In the case of a special needs trust, a statement 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. (Eff. 01/01/09)

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

PART FIVE

CONSERVATORSHIP

4-501. APPOINTMENT OF COURT INVESTIGATOR

The Court Investigator of the Superior Court is hereby appointed to investigate all petitions for appointment of conservator, grant of extraordinary powers, sale of personal residence, exercise of substituted judgment, annual conservatorship accounts and petitions regarding proceedings for particular transactions. In these matters no petition for appointment is necessary. To avoid such automatic appointment, a petition to waive appointment must be filed concurrently with the underlying petition. (Eff. 01/01/11)

4-502. CONFIDENTIAL SCREENING FORM

The Confidential Conservator Screening Form shall contain both the California, or other state, driver’s license number and the social security number of the proposed conservator. (Eff. 01/01/11)

4-503. TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING

A petition for appointment of temporary conservator, made in advance of the regularly noticed hearing, must be delivered to the Court Investigator five calendar days in advance of the ex parte hearing. (Eff. 01/01/11)

4-504. SETTING PETITIONS TO BE INVESTIGATED FOR HEARING

The date for hearing a petition which requires a report from the Court investigator, except ex parte petitions, shall be no sooner than six (6) weeks after the filing of the petition. A copy of a petition which requires a report from the Court investigator shall be submitted to the court investigator at the time the original is filed marked in red in the upper left-hand corner “Investigator’s Copy”. (Eff. 01/01/09)

4-505. COMPENSATION AND FEES

A. Compensation of Conservator/Guardian

1. Conservator/Guardian of the estate or of the person and estate

A fee will be routinely allowed by the court at the time an annual accounting is
filed for services during the preceding twelve month period of three-fourths of 1%
of the market value of the assets on the date of the current accounting.

(a) If the account period contains more or fewer than twelve months, the
normal fee will be proportionately increased or decreased.

(b) A fiduciary who seeks greater compensation must detail in the petition
facts that would justify the entire fee request. If unusual services were

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rendered in more than one category, the services must be separately
stated and a value assigned to each.

2. Conservator/Guardian of the person only

A guardian or conservator of the person may at any time obtain an order
compensating him or her on an hourly basis, by filing a noticed petition for
periodic compensation. If no order has been sought prior to an annual
accounting, the guardian or conservator of the estate may include at that time a
petition for compensation of the guardian or conservator of the person for
services during the preceding accounting period, on an hourly basis. The basis
for the requested hourly rate must be set forth. The nature of the tasks and the
actual or anticipated hours for the tasks must also be set out. Consideration will
be given to the degree of difficulty, the training or experience required. The
efficiency and the effectiveness shown or reasonably anticipated, the prevailing
market rate for the same or similar tasks and the benefit to the conservatee or
ward.

B. Fees of Attorney

The fee usually allowed to the attorney for the preparation, filing, and presentation of the
report and order in connection with an annual accounting is:

1. For counsel to a licensed Private Professional Fiduciary, bank, or entity
authorized to transact business as a trust company, an amount equal to one-third
of the fiduciary’s normal fee, as computed in Section B1, for a twelve-month
period, or $1,000.00, whichever is greater;

2. For counsel to a fiduciary who is not a licensed Private Professional Fiduciary,
bank, or entity authorized to transact business as a trust company, an amount
equal to one-half of the fiduciary’s normal fee, as computed in Section B1, for a
twelve-month period, or $1,500.00, whichever is greater;

3. An attorney who seeks greater compensation must detail in the petition the time
spent, the difficulty of the services, the results accomplished, and other facts to
guide the court in assessing the merit of the request. If more than one category
of services was rendered, the services must be separately stated and a value
assigned to each. The detail must include the hourly rate of each person who
performed services and the time spent by each of them.

4. Attorney fees for accountings for periods longer than 12 months will not
automatically increase, proportionately or otherwise.

C. Fees of Attorney for a Conservatee or a Minor

1. The Conservator(s) or attorney for the Conservator(s) and the attorney for the
   Conservatee shall communicate with each other regarding the issue of attorney
   fees for the attorney for the Conservatee. A request for fees for the attorney for
   the Conservatee shall be addressed in all accounts.

   2. The Court will ordinarily allow a sum not to exceed $750.00 as fees for the
   attorney for the Conservatee without specific itemization. The work covered by
   this fee includes the review of the Court Investigator’s report, review of an
   account, if any, conferring with the Conservatee, and a report to the Court, either
   orally or in writing.

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3. An attorney for the Conservatee who requests attorney fees not to exceed
$750.00 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, which as of July 1, 2012 is $60.00.

c. The Ex Parte Application will be set for hearing on the Court’s 8:45 am
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. 01/01/14).

4-506. WAIVER OF ACCOUNTING—WHEN PERMITTED

Ordinarily, neither a minor nor a conserved person may waive an accounting. However, a minor who has attained majority will be permitted to waive a final accounting upon a showing of unusual circumstances, and upon personal appearance in court at the hearing on the petition for termination without an accounting. A conserved person may waive an account upon a showing of competence. (Eff. 01/01/09)

4-507. SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS

A conservator or guardian who has been granted the independent power to sell real property, but who petitions the court for confirmation of sale, sale, must meet the requirements for sale as if the power had not been granted. (Eff. 01/01/09)

4-508. SUBSTITUTED JUDGMENT

A. Court Investigation

A proceeding brought under Article 10, commencing with Section 2580 of the Probate
Code, for court order authorizing or requiring a proposed transaction requires
investigation by the court investigator.

B. Documents Which May Have Testamentary Effect

The petition shall be supported by copies of any known documents which may have testamentary effect or which purport to gift any property of the Conservatee before death. Such documents may be submitted with a request and proposed order that they be kept under seal, not to be examined except upon order of the court. The court shall seal any such document for which a request is made by the party submitting the document.

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C. “Community Resource Allowance” and “Minimum Monthly Maintenance Needs
Allowance”

The court will not hear petitions, nor issue orders, regarding “Community Resource
Allowance” or “Minimum Monthly Maintenance Needs Allowance” unless such petition is
accompanied by points and authorities specifying the jurisdiction and authority of the
Probate Court to hear and decide such matters.

D. The Effect upon the Conservatee

The petition shall set forth the circumstances of the Conservatee should the petition be
granted, including, but not limited to, assets remaining, the projected needs of the
Conservatee and the manner in which those needs will be met.

E. Where a petition seeks transfer of all, or a major portion, of a spouse’s assets for the
purpose of eligibility for public benefits the estate plan of the receiving spouse for those
assets must be set forth for the court. Estate plan documents may be submitted under
seal and after the hearing, the documents shall not be subject to inspection except upon
order of the court.

F. When a trust is created under PC Section 2580 or 3100 the Order shall provide, as a
condition of approval that the Trustee shall commence a separate trust proceeding with a
probate case number in this county by filing an Acceptance of Trust by Trustee, with a
certified copy of the Order for Substituted Judgment and the Trust attached. This shall
be done within 30 days of the Order being filed. A Receipt of Assets by the Trustee shall
be filed in the new case file along with the Acceptance of Trust, as well as the Bond, if
there is a bond to be posted under the terms of the trust. (Eff. 01/01/11)

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

A. The documents required by Probate Code section 2620(c) shall be lodged, not filed, at
the time the accounting is filed. The documents shall be attached to a cover sheet
containing the case heading and a caption identifying the petition they accompany and
the date time and department of the hearing. Upon settlement of the account, the
documents shall be returned to the party who lodged them to be held until such time as
the appeal period has run, unless the Court orders otherwise. If the documents are not
otherwise retrieved within thirty (30) days, they may be destroyed by the clerk.

B. If there are investments with a brokerage firm, the annual brokerage account statement
shall be included with the required documents

C. If original documents cannot be obtained and copies are lodged in lieu of the originals, a Declaration setting forth the reason why the originals are not available shall be lodged with the copies. (Eff. 01/01/14)

4-510. START-UP FEE

Where a petition seeks a fee for an attorney pursuant to Probate Code section 2640 for the bringing of the successful initial petition to conserve and the start-up of the conservatorship, the court will ordinarily allow $3000.00 without specific itemization. (Eff. 01/01/09)

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PART SIX

PARTICULAR TRANSACTIONS

4-601. PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT

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

The rules for conservatorship apply to guardianship insofar as possible. (Eff. 01/01/08)

4-702. APPOINTMENT OF GUARDIAN

Note: The court will routinely deny ex-parte applications which will result in a change of custody.
Child Protective Services of the San Joaquin County Human Services Agency and peace officers
have the authority to remove children in an emergency.

A. Completed proposed orders and letters shall be submitted with the petition.
(Eff. 01/01/14)

4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON

A. A petition seeking the temporary appointment of a guardian before the regularly noticed
hearing using Judicial Council form GC-110, rather than GC-110(P), shall be
accompanied by a declaration explaining the emergency that requires a guardian be
appointed before the regularly noticed hearing

B. An application for ex parte appointment of temporary guardian shall comply with
California Rule of Court 3.1203 and 3.1204 for those persons, other than the minor(s),
entitled to notice of the petition. The form set forth in these rules for ex parte notice in
Family Law matters may be used, Rule 7-100. A declaration establishing compliance
with Probate Code Section 2250 is also required.

C. Completed proposed orders and letters shall be submitted with the petition.
(Eff. 01/01/14)

4-704. GUARDIANSHIP OF PARTICULAR PROPERTY

Proposed orders and letters must specifically identify the property to which the guardianship is limited.(Eff. 01/01/09)

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PART EIGHT

MINORS COMPROMISE

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

A. Fees - In cases compromised under Code of Civil Procedure, section 372 or Probate
Code, section 3500, the attorney fees awarded by the court shall, under normal
circumstances, not exceed the following amounts:

1. 25% of the amount recovered when the case is settled before trial.

2. 33-1/3% of the amount recovered when the case is settled during trial after a
substantial part of plaintiff's case has been introduced or after judgment.

3. Not more than the fees prescribed in subdivision A.2 when the case is settled
between the times specified in subdivisions A.1 and A.2.

4. 40% of the amount recovered when the case is settled after the filing of
respondent's brief on appeal.

5. An amount less than A.1, which shall reflect actual work done, when the recovery
is under an uninsured motorist clause in an insurance policy.

Where a greater amount of attorney’s fees are requested, a declaration from the attorney
explaining the basis of the fees must be attached to the petition. The declaration shall be
in the form required by the California Rules of Court 7.702.

B. Computation of Fees - In computing fees, parents claiming reimbursement for medical
expenses and other special damages shall, except in unusual cases of hardship, pay
their proportionate share of the attorney fees. Expenses of litigation to be reimbursed
shall not be included in the "amount recovered" for the purpose of fixing fees. Such
expenses of litigation shall be separately itemized.

If the settlement includes the purchase of a single premium deferred annuity, attorney
fees shall be based on the premium, not the payout.

C. Court Approval of Employment Contract - Except for good cause shown, no contract of
employment providing for attorney fees shall be approved by the court in advance.
Under no circumstances shall the contract be considered for approval in advance without
the client's appearance on the application for court approval. (Eff. 01/01/09)

4-802. SETTLEMENTS WITH AN ANNUITY

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)

4-803. SETTLEMENTS CREATING A TRUST

Where the settlement includes establishment of a special needs trust, or other trust:

1. Both the petition, and the proposed order, shall set forth the trust in its entirety,

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2. A copy of the petition must be submitted to the probate clerk four weeks before the
hearing to approve the settlement and be marked “attention: Probate Examiner”, and

3. The order approving the settlement shall provide, as a condition of final approval of the
settlement, 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 within 30 days of
the order being filed. A certified copy of the court order establishing the trust, together
with the trustee bond, and a copy of the Trust shall be filed with the court by presenting
the documents with a caption page, identifying the trust, for the assignment of a probate
case number. (Eff. 01/01/11)

4-804. SETTLEMENTS CREATING A BLOCKED ACCOUNT

At the hearing which orders deposit to a blocked account, the court shall calendar a compliance date.

The party representing the minor, or disabled person, and the attorney for the representative, shall appear at the compliance hearing. The compliance hearing will be dropped and no appearance will be necessary where the proof of deposit and acknowledgment of blocking order are on file.

It is the duty of the attorney to assure that funds are deposited in accordance with the order.

Attorney’s fees shall not be paid until the money is deposited in the blocked account and the receipt is filed with the court. (Eff. 01/01/11)

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RULE 5. JUVENILE

5-100. PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS

A. All discovery shall be by State Rules of Court (Rule 1420), there shall be no discovery by
Code of Civil Procedure. Title III of Part IV §1985 et seq., except as provided in this rule.

B. Without further order, parties have leave to use §2020(d), the deposition subpoena, for
copying of business records. This use is limited to health care providers, excluding
mental health providers, without further order of the court. Notice under § 1985.3, where
the consumer is the minor subject of the dependency action, shall be given to
Department of Child Protective Services of the Human Service Agency of San Joaquin
County in addition to the person or persons specified in §1985(b)(1).

C. Order for further use of provisions of Title III, shall be sought by motion for pre-hearing
discovery, as set forth in State Rules of Court (Rule of Court 1420 § (f)).

D. Motions for pre-hearing discovery, under the State Rules of Court, shall be made upon
five (5) judicial day notice to all parties and shall be heard on a Monday, Tuesday,
Thursday or Friday, at 8:30 a.m., in the dependency department or other department
where the otherwise next hearing is scheduled. Motions for discovery shall be in writing
and shall be accompanied by a declaration affirmatively alleging, where appropriate, (i) a
timely and specific request, (ii) a specific refusal or circumstances reasonably implying a
refusal al to produce, and (iii) that the moving party has met the other party and conferred
in good faith. (Eff. 07/01/98)

5-200. EX PARTE APPLICATIONS

A. Except as provided in this rule, no application for an order shall be made ex-parte unless
the applicant shows by written declaration, or statement under oath, that a reasonable
effort has been made to give notice to all other parties, who have appeared in the matter,
or that notice would be inappropriate or impractical or would result in irreparable injury, or
that the order would not result in a significant direct burden or inconvenience to any other
party.

B. This rule shall not apply to applications for protective custody warrants for dependent
minors. (Eff. 07/01/98)

5-300. PETITIONS TO MODIFY (§388 W&I)

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.

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C. Where hearing is granted:

1. Evidence for the case-in-chief of the requesting party shall be, and for any
responding party may be, by declaration, or, in the case of the petitioner being
the requesting party, by report of the probation officer/social service worker.

2. The hearsay statements of the declarations, or report, shall not be sufficient to
support the petition unless admissible over objection in a civil action or unless the
hearsay declarant is made available for cross examination. The requesting party
shall produce the hearsay declarant at the hearing upon written notice by any
other party, personally served 10 days prior to hearing or within two judicial days
of receipt of the declarations, whichever is later. The responding parties shall
produce their hearsay declarant at the hearing upon written notice by any party,
personally served five judicial days prior to the hearing or within two judicial
days of receipt of declarations whichever is later.

3. The requesting party shall serve the petition, order for hearing and supporting
declarations, or report, on all parties ten judicial days before the hearing, if by
personal service or fifteen judicial days, if by mail. Responsive declarations, or
report, shall be served five judicial days before the hearing, if personally served,
or ten judicial days, if by mail. (Eff. 07/01/98)

5-400. GENERAL COMPETENCY REQUIREMENT

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]

5-402. SCREENING FOR COMPETENCY

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

A. Non-public agency attorneys who wish to be appointed to represent minors must comply
with additional minimum requirements as promulgated by the San Joaquin County Bar
Association and approved by the Juvenile Dependency Court Judge.

B. Non-public agency attorneys who wish to be appointed to represent minors must so inform the San Joaquin County Bar Association and the Juvenile Dependency Court Judge.

C. Non-public attorneys who do not wish to be appointed to represent minors need not
comply with these additional requirements. (Eff. 07/01/98)

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

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

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

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

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 County Superior Court to represent clients in Juvenile Dependency Court. (Eff. 07/01/98)

5-408. ATTORNEY COMPLAINT PROCESS

Parties shall be informed of the process to voice a complaint about attorney performance within 30 days of their first court appearance in the Juvenile Dependency Court and when a complaint is lodged with the court, the court shall take appropriate action. (Eff. 07/01/98)

5-409. MINORS' INTERESTS IN OTHER PROCEEDINGS

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

The Juvenile Court may appoint child advocates to represent the interests of dependent children. In order to qualify for appointment the child advocate must be trained by and function under the auspices of a Court Appointed Special Advocate program, formed and operating under the guidelines established by the California Judicial Council (W & I 1356.6).

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The advocate program shall report regularly to the Judge of the Juvenile Dependency Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for child advocates. (Eff. 01/01/03)

5-411. CHILD ADVOCATES

A. Advocates’ Functions

Advocates serve at the pleasure of the Court having jurisdiction over the proceeding in
which the advocate has been appointed. In general, an advocate’s functions are as
follows:

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;

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.

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Procedures in Dependency Cases (W & I §300)

1. A request for appointment of a child advocate in a dependency case may be
made orally or in writing in open court or ex-parte by the social worker, any party
to the case, or by the Court on its own motion. Unless there is opposition, the
referral shall be forwarded to the child advocate office for screening and
assignment.

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.

5. 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

A. To Accomplish Appointment

To accomplish the appointment of an advocate, the Judge/Referee/Commissioner
making the appointment shall sign an order granting the advocate the authority to review
specific relevant documents and interview parties involved in the case, as well as other
persons having significant information relating to the child, to the same extent as any
other officer appointed to investigate proceedings on behalf of the Court.

B. Access to Records

An advocate shall have the same legal right to records relating to the child he/she is appointed to represent as any case manager (social worker or probation officer) with regard to records pertaining to the child held by any agency, school, organization, division or department of the state, physician, surgeon, nurse, other health care provider, psychologist, psychiatrist, mental health provider or law enforcement agency. The advocate shall present his or her identification as a Court-appointed advocate to any such record holder in support of his/her request for access to specific records. No consent from the parent or guardian is necessary for the advocate to have access to any records relating to the child.

C. Report of Child Abuse

An advocate is a mandated child abuse reporter per Section 11166 of the Penal Code.

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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

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

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

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

Should the Juvenile Court dismiss dependency and create family law orders pursuant to W & I Code Section 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the Juvenile Court order shall set forth the nature, extent and duration of the advocate’s duties in the family law proceeding. (Eff. 01/01/03)

5-505. RIGHT TO APPEAR

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. ORDER OF JUVENILE COURT THAT DIRECT CALENDAR SYSTEM, “ONE CHILD ONE JUDGE” RULE SHALL APPLY TO ALL DELINQUENCY CASES

A. All cases described as Juvenile Delinquency cases within the provisions of Welfare &
Institutions Codes section 602 shall be subject to assignment to a judicial officer for all
purposes at the time of filing of the Petition. This has been the practice of the Juvenile
Delinquency Court for the past three years, as authorized by the Presiding Judge of the
Juvenile Court, although the practice has not previously been set forth in these Local
Rules. Nothing herein shall be construed to interfere with the Presiding Judge’s authority
to assign or reassign cases.

B. Cases which are subject to direct calendaring shall assign courtroom and judge evenly by
next available date, assign to a judicial officer for all purposes, who shall thereafter

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handle all proceedings involving the matter, including trial, except as otherwise provided or required by law. An exception will be that in co-participant cases, those matters will remain in the courtroom of first appearance if co-participants are arraigned at the same time. 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”.

Time limits for peremptory challenges of magistrates under California Code of Civil Procedure section 170.6 will be within ten (10) calendar days after the first appearance. (Eff. 07/01/15).

5-507. RECIPROCAL DISCOVERY

The reciprocal discovery rules set forth in Penal Code sections 1054, et. seq., shall apply to all juvenile delinquency cases in San Joaquin County. California Rule of Court 1420 shall continue to apply to juvenile delinquency cases as well. (Eff. 07/01/06)

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

6-100. IMPLEMENTATION

Pursuant to California Rules of Court Rule 2.300 et seq., a party may file by FAX directly with the
Superior Court using facsimile transmission under the following provisions:

1. The first sheet transmitted shall be the Judicial Council Transmission Cover Page (Form
#C1211JC) followed immediately by the document to be filed.

2. The document to be filed by the Court shall include the words “BY FAX” immediately
below the title of the document.

3. The Superior Court toll free fax filing number can be obtained by calling 1-800-322-4945.
To fax directly to the court’s 800 fax number, filing attorneys and parties need to register
their fax number, credit card number and expiration date when calling. While the fax will
be in operation 24 hours a day, any fax received after 5:00 p.m. or on court holidays or
weekends shall be deemed filed on the next court business day.(Eff. 01/01/17)

6-101. JUVENILE COURT FAX FILING

A. Pursuant to California Rules of Court (CRC) Rule 5.522, certain persons and agencies
may file specified documents by facsimile (FAX) with the court. Each document must be
accompanied by Judicial Council form Facsimile Filing Cover Sheet - Juvenile (JV-520),
which shall be the first page transmitted.

B. For those persons and agencies as defined in Rule 5.522(c) CRC, the FAX filing
telephone number for Juvenile Delinquency documents is (209) 992-5681. The FAX filing
telephone number for Juvenile Dependency documents is (209) 992-5634. FAX
documents will be accepted by the Clerk's Office during regular business hours of 8:00
a.m. to 5:00 p.m. (Eff. 01/01/17)

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RULE 7. FAMILY LAW

7-100. EMERGENCY ORDERS

All parties must comply with California Rules of Court, Rule 5.151 through Rule 5.170 when submitted 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 Declaration re: Notice of Application of Emergency Orders with their pleadings. (Exhibit A) (Eff. 01/01/14)

7-101. ORDER EXCLUDING A PARTY FROM THE HOME

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

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 thereto, 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)

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN

) Case No.
)
Petitioner/Plaintiff, ) DECLARATION RE: NOTICE OF
) EX PARTE APPLICATION

v. ) ) ) Respondent/Defendant. ) _______________________________________)

I, _________________________________________ declare:

That I am: ( ) In Pro Per ( ) Counsel for: ( ) Petitioner / Plaintiff ( ) Respondent/Defendant ( ) Claimant ( ) Other

Pursuant to California Rules of Court, Rule 5.165, I have given notice of this ex parte application to:

( ) Petitioner / Plaintiff ( ) Respondent / Defendant ( ) Claimant ( ) Other

The purpose of this ex parte application is to:

---

---

( ) The reason emergency orders are necessary is:

---

---

Notice of the time and date and place of the hearing and the specific order requested was given in the following manner: ( ) by telephone call at ____________________ a.m./p.m. on __________________ 20 _____ ( ) I spoke to __________________________________________________________________ ( ) by letter mailed on ___________________________________________ _______ 20 _____ ( ) I faxed a notice on _____________________________________ at __________ a.m./p.m. ( ) Other ____________________________________________________________________

I have not given notice of this ex parte application for the following reason: ( ) Notice of this application would frustrate the purpose of the orders sought. [Explain below.] ( ) The applicant would suffer immediate and irreparable harm before the adverse party could be heard in opposition as set forth in the Request for Order. ( ) I was unable to give notice after a good faith attempt and further efforts would be futile or unduly burdensome. The attempted efforts are as follows: _____________________________________________________________________________ _____________________________________________________________________________

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

Executed on _______________________ 20 ____ at _______________________ , California

---

Signature of Declarant

EXHIBIT A Sup. Ct. 260 (Rev. 01/01/14)

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7-103. MEET AND CONFER REQUIREMENT

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.

C. 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.

Attorneys must meet with the opposing side even if the other side is not represented by
an attorney. A bona fide attempt must be made to settle all issues prior to mediation.

D. Parties not having attorneys must still meet and confer. If either side is not represented
by an attorney, they are still required to meet with the other side in order to try to resolve
the parenting plan. A party who is not represented must remember that meeting and
discussing the case with the other side does not mean that they must make an
agreement, they must simply make an honest attempt to settle all the issues they can
and determine the issues that are contested.

E. Complete meet and confer required. In order to expedite the process, it is required that
even if a complete settlement is not possible, all issues should 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 on 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

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 Superior 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.

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F. The purpose of mediation is to facilitate an agreement between the parents. If counsel
attends a mediation session they shall do so in a support capacity and not to advocate for
a position. The mediator may exclude either or both counsel from a mediation session if
in the discretion of the mediator such exclusion will facilitate the mediation process.

G. When any request for order is filed placing custody and/or visitation at issue, the parties
are required to attend an orientation session provided by Family Court Services prior to
the court date on the request. Non-compliance may result in the case being continued
until such time that the parties have attended the required orientation. (Eff. 01/01/14)

7-105. SUPPORT

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 co-habitors) 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

A Custody Evaluator, appointed by this Court pursuant to Evidence Code §730, shall be permitted to testify remotely in accordance with the following terms and conditions:

a) The Custody Evaluator shall have prepared a written report.

b) The proponent of the testimony shall arrange for a videoconference that shall allow the Custody Evaluator to be seen, hear the Court and Counsel, and speak to the Court and Counsel.

c) The proponent of the testimony shall pay the expense of the videoconference, and shall have a videographer present during the testimony to ensure that the videography equipment functions properly. Any and all equipment necessary to perpetuate the testimony shall be provided by the proponent.

d) Notice of intent to introduce testimony by videography must be given in writing by the proponent at least 15 days prior to the date set for hearing perpetuation of such testimony would prejudice the objecting party.

e) Any objection to videography testimony must be filed and served 10 days prior the date set for hearing. Any reply thereto shall be filed and served 5 days before the date set for hearing. 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 suvh testimony is prejudicial to the opposing party.

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f) 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.

g) 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. 01/01/17)

7-107. DEFAULTS

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

Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments. The at-issue memorandum must include a declaration or proof of service evidencing compliance with this section. (Eff. 01/01/14)

7-109. RESULT OF FAILURE TO COMPLY WITH RULES

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, included by not limited to a motion under California Code of Civil
Procedure Section §128.5 or Family Code §§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

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

For all trials, including long cause hearings, the parties shall file and exchange trial briefs on all
issues five 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. 01/01/17)

7-111. FAMILY LAW TENTATIVE RULINGS

Parties are responsible for reviewing the tentative ruling and notifying the Superior Court Clerk’s
Office by calling (209) 992-5690 and all other counselor parties if there are no attorneys, no 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 announcements telephone number is (209) 992-5630. Failure to
call by 4:00 p.m. will result in the matter not being calendared the next day and precluding the
court from hearing any arguments that 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; and
(f) Motion for change of venue (Eff. 01/01/15)

7-112. DUTIES OF FAMILY LAW FACILITATOR

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.

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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 litigant and reducing
the family court’s caseload.

G. Sit as judge pro tempre subject to the stipulation of the parties, when the Family Law
Commissioner is unavailable. (Eff. 07/01/98)

7-113. JUDICIAL CAVEAT

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

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
children custody and/or visitation orders to avoid the issuance of conflicting orders.

A. Court Communication

Until the court has an operational case management system capable of automatically
coordinating domestic violence orders, the court’s criminal family, and juvenile law
departments shall to the best of their abilities communicate with one another to identify
families with existing orders.

B. Avoiding Conflicting Orders

No department or the family or juvenile court shall issue a protective order or custody
order in conflict with an order of the criminal court. In the event such an order is issued
inadvertently, the orders of the criminal law proceeding shall control.

C. Modification of Criminal Protective Order

Upon notice of an existing criminal protective order, the family or juvenile court shall refer
the parties requesting custody and visitation to the Clerk’s Office in the Criminal
Department. At the Clerk’s Office, the person restrained by a criminal protective order or
protected by a criminal protective order may request a hearing to modify the criminal
protective order to expand or restrict contact between the person restrained by the order
and his or her children.

The family court may prepare a custody and visitation order, however, it is explained to
the parties that the order cannot be enforced by law enforcement if the criminal protective
order is not modified accordingly.

D. Co-Existing Criminal and Family or Juvenile Orders

A family or juvenile court order may coexist with a criminal protective order, subject to the
following:

1. Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no contact order” issued by a criminal court.

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2. After having knowledge of 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 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)

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RULE 8. ADOPTION PROCEEDINGS

8-101. KINSHIP AGREEMENTS

A. Petitions to Adopt

A Petition for Adoption with Contact After Adoption shall not be filed unless the
agreement contains the signature of court-appointed counsel for the minor
acknowledging agreement with the terms.

B. Petitions to Enforce, Modify and Terminate

1. Notice, and the application, and any response thereto, shall be served upon all
parties, including the Human Service Agency or other adoptive placement
agency with which the minor had first been placed, and to appointed counsel for
the minor.

2. All evidence to be submitted at the hearing of the application, whether in support
or opposition, shall be presented by written offers of proof, declaration, or
otherwise admissible documentation. The moving party shall serve their
evidence with the application. Any responding evidence must be served with the
response.

3. On order of the court, a witness or declarant shall appear for cross examination.
Upon failure of the declarant to appear and submit to examination, the offer of
proof or declaration of that witness shall be stricken.

4. No application shall be filed unless accompanied by a declaration setting forth
the good faith attempt to resolve the dispute. (Eff. 07/01/05)

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

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

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.

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B. Notice to Alleged Father in an Adoption

1. Where a petition to terminate an alleged father’s rights has been filed and there
is a petition, motion or other request that notice of the adoption proceeding to the
alleged natural father be dispensed under section 7666(b) of the Family Code, or
that rights be terminated without notice of the adoption proceeding under section
7665, the petitioner may set a hearing to determine the request in advance of the
hearing on the adoption. The hearing is to be set on the regular adoption
calendar. Alternatively, the petitioner may submit the request on the pleadings
and the court will hear it without appearance.

Whether set for a calendar hearing or otherwise, the court will not consider the
request unless the report required under section 7663 is submitted.

Where there is a petition, motion or other request that no further notice of the
adoption proceeding to the alleged natural father is required under section
7662(b) or 7664(a) of the Family Code, the petitioner may set a hearing to
determine the request in advance of the hearing on the adoption. The hearing is
to be set on the regular adoption calendar. Alternatively, the petitioner may
submit the request on the pleadings and the court will hear it without appearance.

2. Whether set for a calendar hearing or otherwise, the court will not grant the
request unless there is evidence of a record search in the county set forth in the
notice as required by subsection (c) below.

If it is further requested that the alleged father’s rights be terminated in advance
of an order of adoption, the court shall grant the termination contingent on an
order of adoption.

3. Notice to be given pursuant to section 7662(b) or 7664(a) of the Family Code
shall set forth the title, action number and location of the court of any then
pending adoption proceeding and any petition to terminate the alleged father’s
rights regarding the child allegedly 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)

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RULE 9.

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

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RULE 10. APPELLATE DIVISION

10-100. JURISDICTION

The Appellate Division of the Superior Court of San Joaquin 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. 07/01/15)

10-101. JUDICIAL ASSIGNMENT AND SESSIONS

A. The Presiding Judge of the Appellate Division shall supervise the business of the
department. All motions, including ex parte applications for orders, shall be presented to
the Presiding Appellate Judge. The Presiding Appellate Judge may act on routine
matters, or may schedule a motion or other matters for hearing before the panel at his or
her discretion.

B. The panel is composed of three judges, including the Presiding Appellate Judge. A
fourth judge is assigned as an alternate appellate panel member.

C. Regular sessions of the Appellate Division of the Superior Court shall be set for hearing
on the third Thursday of each calendar month at 4:00 p.m. in the department of the
Presiding Judge of the Appellate Division. Pursuant to Code of Civil Procedure Section
77, the Appellate Division cases will be heard by the Presiding Appellate Judge.

D. The appellate division sessions shall not be reported by a court reporter. (Eff. 07/01/15)

10-102. RECORD ON APPEAL

A. Under California Rules of Court, rules 8.833 in an appeal from a civil limited case, an
appellant may elect to use the original trial court file as the record on appeal.

B. An appellant in an appeal in a civil limited case, electing to use the original trial court file
as set out in subsection A, must file and serve the notice of election within the same time
limits for designation of record set out in California Rules of Court, Rule 8.831.

C. Under California Rules of Court, Rule 8.863 in misdemeanor appeals, the court elects to
use the original trial court file in lieu of a clerk’s transcript.

E. 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

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)

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10-104. USE OF OFFICAL ELECTRONIC RECORDING

A. Civil limited cases shall be recorded, if not they are not reported. Under California Rules
of Court, Rule 8.835(c), in a civil limited appeal, the parties, by a filed written stipulation
or on order of the trial court under California Rule of Court, rule 8.837(d), may designate
the original of an official electronic record of the trial court proceedings, or a copy of the
electronic recording made by the court, as the record of the oral proceedings, without
being transcribed, and in lieu of a reporter’s transcript or settled statement.

B. Misdemeanor cases shall be recorded, if they are not reported. Under California Rules of
Court, Rule 8.868(c), in a misdemeanor appeal, the parties, by a filed written stipulation
or on order of the trial court under California Rule of Court, Rule 8.869(5), may designate
the original of an official electronic recording of the trial court proceedings, or a copy of
the electronic recording made by the court, as the record of the oral proceedings, without
being transcribed, and in lieu of a Reporter’s transcript or settled statement.

C. Infraction cases are not reported. Under California Rules of Court, Rule 8.915(a)(2), in
an infraction appeal, the parties by a filed written stipulation or an order of the trial court
under California Rules of Court, Rule 8.916(b), may designate the original of an official
electronic recording of the trial court proceedings, or a copy of the electronic recording
made by the court, as the record of the oral proceedings, without being transcribed and
in lieu of a reporter’s transcript or settled statement.

D. If an appellant elects to use an official electronic recording, the stipulation must be
attached to the original designation. (Eff. 07/01/15)

10-105. BRIEFS

A. Each party shall deliver one (1) original and five (5) copies 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. Each
party shall deliver one original and five copies at the time of filing.

B. 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. (Eff. 07/01/15)

10-106. APPOINTED COUNSEL

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. ORAL ARGUMENT

(Pursuant to CRC 8.929(b)(1)(B), a local rule authorizes oral argument to be conducted by video conference consistent with these rules.) Would the appellate Presiding Judge consider authorizing videoconferencing for oral argument? Or is it a current practice? (Eff. 07/01/15)

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San Joaquin County Superior Court – Local Form List

Type Form # Form Name Mandatory/Optional Civil SupCt-441 Stipulation and Order to Participate in Alternative Mandatory Dispute Resolution (ADR) Civil/Crim SupCt-123 Declaration for Subpoena Duces Tecum Optional Civil/Crim/ Order to Transport Prisoner (Penal Code 2625) Optional Traffic Civil/Crim/ SupCt - 89 Request for Copy of Tape Recorded Proceedings Optional Traffic Civil/FamLaw SupCt-260 Declaration re: Notice of Ex Parte Application Civil Optional/FL Mand. Civil/FamLaw SupCt - 71 Request to Set Default or Uncontested Matter for Civil Optional/FL Mand. Hearing Civil TRO/ SupCt-237 Declaration Re: Ex Parte Application for Temporary Optional Domestic TRO Guardian Civil/UD SJ-100 Amendment to Complaint Optional Civil/UD Civil Bench Warrant Optional Civil/UD SupCt-177 Trial Management Order Optional

Criminal Motion to Terminate Probation Optional Criminal Prop 47 – Order Mandatory Criminal Prop 47 – Response Mandatory Criminal Prop 47 – Petition Mandatory Criminal Prop 47 – Stipulation and Order per PC 1170.18(f) Mandatory Criminal CR-180/ Petition for Dismissal per 1203.4 or 1203.4a (Packet) Mandatory 181 (pages 1,2,3,4)

FamLaw At-Issue Memorandum Mandatory FamLaw SupCt-115 Declaration for Issuance of Writ of Execution and Mandatory Order FamLaw/ SupCt-284 Petition for Grandparent Visitation (FC3102 et seq) Optional Probate FamLaw Marital Settlement Agreement (No Children) Optional FamLaw Marital Settlement Agreement (Children) Optional FamLaw Settlement Conference Statement Optional FamLaw Trial Brief Optional

Probate Advice to Heirs Devisees and Interested Persons Optional Probate Affidavit for Collection of Personal Property Optional Probate CI-12 Conservatorship – Conservatee Status Report Form Optional Probate Proof of Service by Mail of Notice of Hearing Optional Probate SupCt-136 Statement and Request for Waiver of Probate Optional Referee and Notice of Hearing Thereon

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Small Claims How to Proceed Against a Minor Defendant in Small Optional Claims Court Small Claims SupCt-458 Petition of Minor Plaintiff/Defendant for Optional Appointment of Guardian Ad Litem; Acceptance and Order of Court Small Claims SupCt-459 Application for Appointment of Guardian Ad Litem for Optional Insane or Incompetent; Order Appointing Small Claims Request for Certified Mail (Small Claims) Mandatory

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 222 E. Weber Avenue, Ste. 303 Phone: (209) 992-5695 Stockton, CA 95202 Effective January 1, 2017

INDEX

RULE PAGE ADOPTION PROCEEDINGS KINSHIP AGREEMENTS .......................................................................................................... 8-101 76 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS - CAPTION .......................................................................................................... 8-201 76 TERMINATION OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS NOTICE AND CONSENT .......................................................................................................... 8-202 76 CIVIL ADMINISTRATION OF GENERAL CIVIL LITIGATION .......................................................................................................... 3-102 24 ALTERNATIVE DISPUTE RESOLUTION .......................................................................................................... 3-121 36 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 41 CLAIM OR ACTION ON BEHALF OF A MINOR OR DISABLED PERSON .......................................................................................................... 3-110 32 JUDICIAL ARBITRATION .......................................................................................................... 3-122 37 DEATH OF A PARTY .......................................................................................................... 3-109 32 DIRECT CALENDARING OF CIVIL CASES .......................................................................................................... 3-101 24 EX PARTE APPLICATIONS AND ORDERS .......................................................................................................... 3-106 31 EXPEDITED JURY TRIAL …………………………………………………………………………… ..3-127 42 IMPLEMENTATION .......................................................................................................... 3-100 24 JURY FEES AND EXPENSES .......................................................................................................... 3-116 35 ORDERS SHORTENING TIME .......................................................................................................... 3-112 34 [Repealed 07/01/15] .......................................................................................................... 3-115 35

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BINDING ARBITRATION .......................................................................................................... 3-124 41 PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM .......................................................................................................... 3-107 32 COURTESY COPIES OF BRIEFS AND PAPERS .......................................................................................................... 3-117 35 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 31 CIVIL MEDIATION PROGRAM .......................................................................................................... 3-123 38 SETTLEMENT CONFERENCE PROCEDURES .......................................................................................................... 3-104 29 SUBSTITUTE SERVICE .......................................................................................................... 3-120 36 TELEPHONE APPEARANCES .......................................................................................................... 3-103 28 TRIAL BY REFERENCE…………………………………………………. 3-126 41 CRIMINAL ATTORNEY FEES IN CRIMINAL AND JUVENILE MATTERS .......................................................................................................... 2-110 22 BAIL SCHEDULE RULE .......................................................................................................... 2-113 22 CRIMINAL APPLICATIONS FOR TEMPORARY ORDERS FOR RELEASE OF INMATE DUE TO MEDICAL, DENTAL, FUNERAL AND OTHER APPLICABLE APPOINTMENTS .......................................................................................................... 2-112 22 DEMURRERS, MOTIONS TO DISMISS, MOTIONS TO STRIKE .......................................................................................................... 2-102.2 19 DISCOVERY IN CRIMINAL CASES .......................................................................................................... 2-100 17 JURY INSTRUCTIONS .......................................................................................................... 2-106 21 MATTERS IMPROPERLY SET FOR HOLIDAYS AND NON- JUDICIAL HOLIDAYS .......................................................................................................... 2-107 21 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

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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 DIRECT FACSIMILE (FAX) FILING - CIVIL MATTERS IMPLEMENTATION .......................................................................................................... 6-100 67 JUVENILE COURT FAX FILING .......................................................................................................... 6-101 67 FAMILY LAW AT-ISSUE MEMORANDUMS .......................................................................................................... 7-108 72 COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS .......................................................................................................... 7-114 74 DEFAULTS .......................................................................................................... 7-107 72 DUTIES OF FAMILY LAW FACILITATOR .......................................................................................................... 7-112 73 EMERGENCY ORDERS .......................................................................................................... 7-100 68 PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS .......................................................................................................... 7-106 71 FAMILY LAW TENTATIVE RULINGS .......................................................................................................... 7-111 73 JUDICIAL CAVEAT .......................................................................................................... 7-113 74 MEDIATION .......................................................................................................... 7-104 70 MEET AND CONFER REQUIREMENT .......................................................................................................... 7-103 70 NOTIFICATION TO COURT OF OTHER PROCEEDINGS .......................................................................................................... 7-102 68 ORDER EXCLUDING A PARTY FROM THE HOME .......................................................................................................... 7-101 68 PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION ……………………………………………………………………………7-110.5 73 SETTLEMENT CONFERENCES .......................................................................................................... 7-110 72 RESULT OF FAILURE TO COMPLY WITH RULES .......................................................................................................... 7-109 72 SUPPORT .......................................................................................................... 7-105 71 GENERAL JUDICIAL VACATION DAY DEFINED .......................................................................................................... 1-111 16

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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 62 ATTORNEY COMPLAINT PROCESS .......................................................................................................... 5-408 62 CALENDAR PRIORITY .......................................................................................................... 5-502 65 CHILD ADVOCATES .......................................................................................................... 5-411 63 EX PARTE APPLICATIONS .......................................................................................................... 5-200 60 FAMILY LAW ADVOCACY .......................................................................................................... 5-504 65 GENERAL COMPETENCY REQUIREMENT .......................................................................................................... 5-400 61 MINIMUM REQUIREMENTS NECESSARY TO CONTINUE TO RECEIVE COURT APPOINTMENTS IN JUVENILE DEPENDENCY COURT .......................................................................................................... 5-404 62 MINORS' INTERESTS IN OTHER PROCEEDINGS .......................................................................................................... 5-409 62 ORDER OF JUVENILE COURT THAT DIRECT CALENDAR SYSTEM, "ONE CHILD ONE JUDGE" RULE SHALL APPLY TO ALL DELINQUENCY CASES .......................................................................................................... 5-506 65 PENALTY FOR NONCOMPLIANCE WITH RULE 5-403 AND RULE 5-404 .......................................................................................................... 5-405 62 PETITIONS TO MODIFY (§388 W&I) .......................................................................................................... 5-300 60

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RESERVE FOR FUTURE USE [Repealed 01/01/14] .......................................................................................................... 5-401 61 PRE-HEARING DISCOVERY IN DEPENDENCY ACTIONS .......................................................................................................... 5-100 60 RECIPROCAL DISCOVERY .......................................................................................................... 5-507 66 RELEASE OF INFORMATION TO ADVOCATE .......................................................................................................... 5-500 64 REPRESENTATION OF MINORS .......................................................................................................... 5-403 61 RIGHT TO APPEAR .......................................................................................................... 5-505 65 RIGHT TO TIMELY NOTICE .......................................................................................................... 5-501 65 SCREENING FOR COMPETENCY .......................................................................................................... 5-402 61 TERMINATION OF PANEL MEMBERSHIP-ADDITIONAL GROUNDS .......................................................................................................... 5-406 62 THE ADVOCATE PROGRAM .......................................................................................................... 5-410 62 VISITATION THROUGHOUT DEPENDENCY .......................................................................................................... 5-503 65 PROBATE - PART EIGHT - MINORS COMPROMISE ATTORNEY FEES IN CASES INVOLVING MINORS OR DISABLED PERSONS .......................................................................................................... 4-801 58 SETTLEMENTS CREATING A BLOCKED ACCOUNT .......................................................................................................... 4-804 59 SETTLEMENTS CREATING A TRUST .......................................................................................................... 4-803 58 SETTLEMENTS WITH AN ANNUITY .......................................................................................................... 4-802 58 PROBATE - PART FIVE - CONSERVATORSHIP APPOINTMENT OF COURT INVESTIGATOR .......................................................................................................... 4-501 53 COMPENSATION AND FEES .......................................................................................................... 4-505 53 CONFIDENTIAL SCREENING FORM .......................................................................................................... 4-502 53 DOCUMENTS ACCOMPANYING AN ACCOUNT TO BE LODGED, NOT FILED .......................................................................................................... 4-509 56 SALE OF REAL PROPERTY UNDER INDEPENDENT POWERS .......................................................................................................... 4-507 55 SETTING PETITIONS TO BE INVESTIGATED FOR HEARING .......................................................................................................... 4-504 53 START UP FEE .......................................................................................................... 4-510 56 SUBSTITUTED JUDGMENT .......................................................................................................... 4-508 55 TEMPORARY CONSERVATORSHIP BEFORE NOTICED HEARING .......................................................................................................... 4-503 53 WAIVER OF ACCOUNTING—WHEN PERMITTED .......................................................................................................... 4-506 55

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PROBATE - PART FOUR - TRUSTS FEES .......................................................................................................... 4-401 51 RESERVED FOR FUTURE USE [Repealed 01/01/13] .......................................................................................................... 4-403 53 REPORT OF TRUSTEE, INCLUDING SPECIAL NEEDS TRUSTEE .......................................................................................................... 4-402 52 PROBATE - PART ONE - GENERAL PROCEDURAL GUIDE ADDITIONAL INFORMATION REGARDING BENEFICIARIES .......................................................................................................... 4-107 44 REQUESTING A CONTINUANCE .......................................................................................................... 4-111 45 CONSOLIDATION WITH THE LOWEST NUMBER .......................................................................................................... 4-105 44 CONTESTED MATTERS .......................................................................................................... 4-103 43 CAPTION ON PLEADINGS .......................................................................................................... 4-112 45 EX PARTE APPLICATIONS .......................................................................................................... 4-106 44 COURT CREATED TRUSTS ……………………………………………………………………………. 4-113 45 PROBATE CODE 850 PETITIONS CONFIRMING PROPERTY ……………………………………………………………………………. 4-114 45 ALL PETITIONS .......................................................................................................... 4-101 43 PROHIBITION AGAINST ADVANCEMENT OF PROBATE MATTERS ONCE NOTICED .......................................................................................................... 4-110 44 UNCONTESTED MATTERS .......................................................................................................... 4-102 43 WHEN COPY OF PETITION MUST BE INCLUDED WITH NOTICE OF HEARING .......................................................................................................... 4-109 44 WHEN PERSONAL APPEARANCE REQUIRED .......................................................................................................... 4-104 43 ORDERS-CONTENTS, ATTACHMENTS & SIGNATURE PAGE .......................................................................................................... 4-108 44 PROBATE - PART SEVEN - GUARDIANSHIP APPOINTMENT OF GUARDIAN .......................................................................................................... 4-702 57 APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON .......................................................................................................... 4-703 57 GUARDIANSHIP OF PARTICULAR PROPERTY .......................................................................................................... 4-704 57 GUARDIANSHIP RULES .......................................................................................................... 4-701 57 PROBATE - PART SIX - PARTICULAR TRANSACTIONS PROCEEDINGS SHALL CONFORM TO SUBSTITUTED JUDGMENT .......................................................................................................... 4-601 57

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PROBATE - PART THREE - SPOUSAL PROPERTY PETITIONS PROCEDURE WHERE WILL CONTAINS MINIMUM SURVIVAL TIME .......................................................................................................... 4-301 51 WHERE PASSAGE OF TITLE TO COMMUNITY PROPERTY IS SOUGHT .......................................................................................................... 4-302 51 PROBATE - PART TWO - DECEDENTS’ ESTATES ADVISEMENT FORM REQUIRED FOR APPOINTMENT OF PERSONAL REPRESENTATIVE .......................................................................................................... 4-202 45 APPLICATION FOR FAMILY ALLOWANCE .......................................................................................................... 4-206 46 BROKER’S COMMISSION .......................................................................................................... 4-205 46 RESERVED FOR FUTURE USE [Repealed 01/01/14] .......................................................................................................... 4-211 48 COURT CONFIRMATION OF SALE BY REPRESENTATIVE WITH FULL AUTHORITY UNDER I.A.E.A. .......................................................................................................... 4-204 46 EXTRAORDINARY ATTORNEY FEES .......................................................................................................... 4-213 48 FEES AND COMMISSIONS MUST BE FIXED BEFORE PAYMENT .......................................................................................................... 4-212 48 FEES TO ATTORNEY AND PERSONAL REPRESENTATIVE WHO ARE ASSOCIATED .......................................................................................................... 4-214 49 FORM OF ACCOUNT FOR INCOME AT FINAL DISTRIBUTION .......................................................................................................... 4-210 47 MISCELLANEOUS ADDITIONAL ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION .......................................................................................................... 4-216 49 NOTICE TO NAMED CONTINGENT LEGATEES AND BENEFICIARIES ……………………………………………………………………………..4-201 45 NOTICE OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD .......................................................................................................... 4-218 51 PETITION FOR PRELIMINARY DISTRIBUTION .......................................................................................................... 4-207 46 [Repealed 01/01/11] .......................................................................................................... 4-203 46 REQUEST FOR PARTIAL ALLOWANCE ON STATUTORY COMPENSATION .......................................................................................................... 4-208 47 REQUIRED ALLEGATIONS IN A PETITION FOR FINAL DISTRIBUTION .......................................................................................................... 4-215 49 REQUIRED MATTERS IN A DECREE OF FINAL DISTRIBUTION .......................................................................................................... 4-217 50 STATUS REPORTS REQUIRED ALLEGATIONS .......................................................................................................... 4-209 47 RULE 9. RESERVED FOR FUTURE USE [Repealed 07/01/15]

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APPELLATE DIVISION JURISDICTION …………………………………………………………………………. 10-100 79 JUDICIAL ASSIGNMENT AND SESSIONS ………………………………………………………………………… ..10-101 79 RECORD ON APPEAL ………………………………………………………………………… ..10-102 79 REQUESTS FOR FREE CLERK OR REPORTER’S TRANSCRIPT ………………………………………………………………………… ..10-103 79 USE OF OFFICIAL ELECTRONIC RECORDING ………………………………………………………………………… ..10-104 80 BRIEFS ………………………………………………………………………… ..10-105 80 APPOINTED COUNSEL ………………………………………………………………………….10-106 80 ORAL ARGUMENT ……………………………………………………………………… ..….10-107 80

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