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LOCAL RULES

OF THE

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ALAMEDA

Effective: January 1, 2011

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

Table Of Contents

Title 1. General and Administrative Rules

Chapter 1 – General and Administrative Rules Page No. Rule 1.1 Citation and effect of rules 1-1 Rule 1.2 Construction and application of rules 1-1 Rule 1.3 Effective date of these rules 1-1 Rule 1.4 Forms [Reserved] 1-1 Rule 1.5 Definitions 1-1 Rule 1.6 Judges’ vacation day 1-2 Rule 1.7 [Reserved] 1-2 Rule 1.8 Facsimile filing 1-3 Rule 1.9 Filing of documents in civil, family, and probate matters 1-4 Rule 1.10 Composition of jury panels 1-4 Rule 1.11 Protocol regarding inter-court communication of domestic

violence restraining orders 1-5

Rule 1.12 Forms [Reserved] 1-10 Rule 1.13 Failure to comply with these rules 1-10 Chapter 2 – Policies Page No. Rule 2.0 Policy against bias 1-10

Title 2. [Reserved] Page No.

Title 3. Civil Cases

Chapter 1 – Rules Applicable to All Civil Cases Page No. Rule 3.1 Title 3-1 Rule 3.10 Application 3-1 Rule 3.20 Designation of civil cases 3-1 Rule 3.25 Status or case management conference 3-2 Rule 3.26 Notice of death 3-2 Rule 3.30 Law and motion 3-3 Rule 3.35 Standing pretrial orders 3-3 Rule 3.50 Requirement for finding reasonable diligence for substituted

service 3-7

Rule 3.60 Default matters 3-7 Rule 3.70 Recovery of costs and attorney fees when judgment is for

amount within small claims court jurisdiction 3-7

Rule 3.90 Failure to comply with these rules 3-8 Rule 3.95 Court reporter fees 3-8 Rule 3.97 Return of exhibits 3-8

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Chapter 2 – Limited and Unlimited Civil Cases Page No. Rule 3.100 Title 3-9 Rule 3.110 Application of this chapter 3-9 Rule 3.120 Assignment of cases 3-9 Rule 3.130 Notice of assignment 3-9 Rule 3.135 Service of notices 3-10 Rule 3.140 Designation of assigned judge in subsequent documents 3-11 Rule 3.150 [Reserved] 3-11 Rule 3.160 Unavailability of assigned judge 3-11 Rule 3.170 Case management 3-12 Chapter 3 – Complex, Asbestos, and Silica Cases Page No. Rule 3.250 Determination of a case as a complex case or an asbestos or

silica case 3-12

Rule 3.260 Assignment of complex, asbestos, and silica cases 3-13 Rule 3.280 Service requirements in asbestos and silica cases 3-14 Rule 3.285 Standard interrogatories in asbestos and silica cases 3-15 Rule 3.290 Case management for asbestos and silica cases 3-15 Chapter 4 – Other Special Civil Case Types Page No. Rule 3.300 Cases involving the California Environmental Quality Act 3-17 Rule 3.310 Invitation to mediation 3-18 Rule 3.320 Preparation of the administrative record 3-18 Rule 3.330 Format of the administrative record 3-20 Rule 3.335 Disputes regarding the contents of the administrative record 3-21 Rule 3.340 Briefing schedule and length of memoranda 3-21 Rule 3.350 Settlement meeting 3-22 Rule 3.370 Statement of issues 3-22 Rule 3.380 Trial notebook 3-22 Rule 3.400 [Reserved] Other petitions for administrative or ordinary

mandamus 3-23

Rule 3.500 [Reserved] Petitions to compel arbitration or to confirm an arbitration award

3-23

Rule 3.600 Unlawful detainers 3-23 Rule 3.610 Undertakings 3-23 Rule 3.620 Request for trial date 3-23 Rule 3.630 Notice that defendant has vacated premises and redesignation

of case 3-24

Rule 3.640 Status conference 3-24 Rule 3.650 Applications for stays of execution or other extraordinary relief 3-24 Chapter 5 – Alternative Dispute Resolution Page No. Rule 3.700 Use of alternative dispute resolution processes encouraged 3-25

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Chapter 5 – Alternative Dispute Resolution Page No. Rule 3.710 Rules for alternative dispute resolution processes other than

judicial arbitration 3-25

Rule 3.720 Alternative dispute resolution provider list 3-26 Rule 3.740 The ADR administration committee 3-26 Rule 3.750 Complaint procedure 3-27 Rule 3.760 Inquiries and complaints 3-27

Title 4. Criminal and Traffic Rules

Chapter 1 – General Provisions Page No. Rule 4.1 Title 4-1 Rule 4.10 Application 4-1 Chapter 2 – Criminal Rules Page No. Rule 4.100 Organization 4-1 Rule 4.110 Adoption of uniform bail schedules 4-2 Rule 4.120 Special circumstances cases 4-2 Rule 4.130 Withdrawal of time waiver 4-2 Chapter 3 – [Reserved] Page No. Chapter 4 – Traffic Rules Page No. Rule 4.300 Transfer to county seat 4-3 Rule 4.310 Trial by declaration 4-3 Rule 4.320 Trial by declaration in absentia 4-3 Rule 4.330 Continuances 4-4 Rule 4.335 Defendant’s personal appearance required at trial 4-4 Rule 4.340 Motion to re-open case adjudicated by bail forfeiture 4-4

Title 5. Family and Juvenile Rules Page No.

Rule 5.1 Title 5-1 Division 1. Family Rules Chapter 1 – General Provisions Page No. Rule 5.5 Division Title 5-1 Rule 5.10 Office of the Family Law Facilitator 5-1 Rule 5.15 Declaration of notice on ex parte application 5-1 Rule 5.20 Child visitation by a nonprofessional supervisor 5-1 Rule 5.25 Requests to set settlement conferences and trial dates 5-2

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Chapter 1 – General Provisions (Family Rules) Page No. Rule 5.30 Motions and hearings 5-3 Rule 5.35 Stipulated continuance of hearing (non-trial) 5-4 Rule 5.40 Requests to continue status and settlement conferences and

trials 5-4

Rule 5.45 Conduct of status conferences and settlement conferences 5-5 Rule 5.50 Conduct of trials 5-9 Rule 5.60 Preparation of orders after hearing 5-9 Rule 5.65 Attorney’s fees and expert’s fees 5-9 Rule 5.70 Guideline for spousal or partner support 5-10 Rule 5.72 Judgments involving child custody, child support, or spousal

support 5-11

Rule 5.75 Mediation 5-11 Rule 5.80 Child custody evaluation 5-12 Rule 5.82 Complaints regarding court-appointed counsel for a child 5-13 Rule 5.85 Private mediation by stipulation 5-14 Rule 5.95 Title IV-D commissioners 5-14 Rule 5.100 Sanctions 5-14 Division 2. Juvenile Rules Chapter 1 – General Provisions Page No. Rule 5.501 Division title 5-15 Rule 5.502 Juvenile court administration 5-15 Rule 5.503 Filing reports 5-15 Rule 5.504 Calendaring and continuances 5-16 Rule 5.505 Required attendance at hearings 5-16 Rule 5.506 Discovery 5-16 Rule 5.507 Ex parte requests for orders 5-17 Rule 5.508 Health assessments 5-19 Rule 5.510 Court Appointed Special Advocates (CASA) 5-21 Rule 5.511 Interagency information sharing 5-21 Rule 5.512 Application for access to juvenile court records 5-23 Rule 5.514 Visitation before detention hearing 5-26 Rule 5.520 Objections in the nature of a general demurrer to a petition 5-26 Rule 5.522 Uncontested jurisdiction hearing settings; use as settlement

conference 5-27

Rule 5.530 Procedures governing CALICO videotapes 5-28 Rule 5.532 De facto parents 5-29 Rule 5.533 Dependency mediation 5-30 Rule 5.534 Standing referral to dependency mediation in anticipation of

dismissal 5-31

Rule 5.535 Standing referral to dependency mediation for family matters 5-31 Rule 5.536 Attorney competency requirements 5-32 Rule 5.537 Motions to be relieved as counsel for a parent 5-34

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Chapter 1 – General Provisions (Juvenile Rules) Page No. Rule 5.540 Procedure for complaints concerning dependency attorneys 5-35 Rule 5.541 Informing the court of other interest of a dependent child 5-36 Rule 5.542 Authorization for foster parents to approve school activities 5-38 Rule 5.543 Travel with foster parents and group homes 5-39 Rule 5.544 Disclosure of medical information to foster parents and other

care providers 5-39

Rule 5.545 Disclosure of education and medical information to social workers and children’s attorneys

5-40

Rule 5.546 Welfare and Institutions Code section 388 petitions 5-40 Rule 5.547 Appearances on behalf of the Social Services Agency 5-41 Rule 5.551 Pretrial hearings 5-41 Rule 5.553 Calendaring cases involving placement failures and run-aways 5-42 Rule 5.555 Designation of statutory basis for declaring a section 707(b)

offense 5-42

Rule 5.557 Notice to dependency attorney of section 241.1 reports 5-42

Title 6. [Reserved] Page No.

Title 7. Probate Rules Page No.

Rule 7.1 Title 7-1 Chapter 1 – General Provisions Page No. Rule 7.5 Special settings 7-1 Rule 7.10 “Pre-grant” procedures 7-1 Rule 7.20 Use of alternative dispute resolution processes encouraged 7-2 Rule 7.30 Rules for alternative dispute resolution processes other than

judicial arbitration 7-2

Rule 7.40 Alternative dispute resolution provider list 7-2 Rule 7.50 ADR Administration Committee and complaint procedure 7-3 Chapter 2 – [Reserved] Page No. Chapter 3 – Pleadings Page No. Rule 7.150 Copy of will and codicil 7-3 Chapters 4 through 9 – [Reserved] Page No.

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Chapter 10 – Sales of Real and Personal Property in Decedent’s Estates Page No. Rule 7.300 Reappraisals 7-3 Rule 7.310 Cash deposit on bids for real property 7-4 Rule 7.320 Disclosure of extraordinary costs 7-4 Rule 7.330 Notice of confirmation hearing 7-5 Rule 7.340 Appearance by bidders 7-5 Rule 7.350 Sale of specifically devised or bequeathed property 7-5 Rule 7.360 Sale of securities 7-5 Chapter 11 – [Reserved] Page No. Chapter 12 – Accounts and Reports of Executors and Administrators Page No. Rule 7.380 Notation of omitted schedules 7-6 Rule 7.390 Contents of account 7-6 Chapters 13 – [Reserved] Page No. Chapter 14 – Preliminary and Final Distributions Page No. Rule 7.400 Forms of decrees 7-7 Chapter 15 – Compensation of Personal Representatives and Attorneys Page No. Rule 7.410 Extraordinary compensation when statutory compensation

exceeds $20,000 7-7

Rule 7.420 Extraordinary compensation for sales of real property 7-7 Rule 7.430 Extraordinary compensation for preparation of tax returns 7-8 Chapters 16 through 18 – [Reserved] Page No. Chapter 19 – Trusts Page No. Rule 7.500 Requirements of trustee’s accounts 7-8 Rule 7.510 Contents of first account 7-8 Rule 7.520 Description of principal and income 7-8 Rule 7.530 Frequency for fiilng accounts 7-9 Rule 7.540 Service on beneficiaries when power sought is not conferred 7-9 Rule 7.550 Bond for trustee 7-9 Chapter 20 – [Reserved] Page No. Chapter 21 – Guardianships Page No. Rule 7.710 Notice to parties in related actions 7-9 Rule 7.720 Appearance of proposed guardian and minor 7-10

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Chapter 21 – Guardianships Page No. Rule 7.730 Waiver of court investigator fee 7-10 Rule 7.740 Notice of hearings on petitions for temporary guardianship 7-10 Rule 7.750 Inventory and appraisal required 7-11 Rule 7.760 Contents of inventories in no or cash-only asset cases 7-11 Rule 7.780 Accounts in guardianship proceedings 7-11 Rule 7.790 Requirements if use of estate is sought to support ward 7-12

Chapter 22 – Conservatorships Page No. Rule 7.800 Hearing on the petition for appointment 7-13 Rule 7.810 General plan 7-13 Rule 7.820 Appointment of legal counsel for conservatees and proposed

conservatees 7-14

Rule 7.830 Payment of court investigator fees 7-14 Rule 7.840 Disclosure of benefits received 7-14 Rule 7.860 Reports accompanying accounts 7-15 Rule 7.870 Status report required 7-15 Rule 7.880 Bond required 7-16 Rule 7.895 Additional contents for petitions filed by private professional

conservators 7-16

Title 8. Appellate Rules

Chapter 1 – General Provisions Page No. Rule 8.1 Title 8-1 Rule 8.10 Application 8-1 Rule 8.100 Dismissal upon failure to file opening brief 8-1 Rule 8.120 Briefs 8-1 Rule 8.140 Motions 8-1 Rule 8.150 Court reporter 8-2

Index Index – 1

List of Effective Dates LED – 1

Appendix A. Local Forms A – 1

Appendix B. Guideline for Attorney Fees B – 1

Appendix C. Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender

C – 1

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Title 1. General and Administrative Rules

Chapter 1. General and Administrative Rules Rule 1.1. Citation and effect of rules These rules are the local rules for the Superior Court of California, County of Alameda. These rules may be cited as the “local rules” and are supplementary and subject to statutes and the California Rules of Court and shall be construed and applied so they do not conflict with such rules and statutes. These rules shall supersede all rules previously adopted by the superior and municipal courts of the County of Alameda. These rules shall have no retroactive effect or application.

Rule 1.1amended effective July 1, 2007; adopted effective May 19, 1998; previously amended effective July 1, 1999. Rule 1.2. Construction and application of rules These rules are to be liberally construed to ensure the just and speedy determination of the proceedings that they govern. Division, section, rule, and paragraph headings do not affect the scope, meaning, or intent of the provisions of these rules. If any part of a rule is held invalid, all valid parts that are severable from the invalid parts remain in effect. If a rule is held invalid in one or more of its applications, the rule remains in effect in all valid applications that are severable from the invalid applications. Rule 1.2 amended effective July 1, 2007; adopted effective May 19, 1998; previously amended effective July 1, 1999. Rule 1.3. Effective date of these rules These rules shall take effect May 19, 1998. Rule 1.3 amended effective July 1, 2007; adopted effective May 19, 1998. Rule 1.4. Forms [Reserved] Rule 1.5. Definitions The definitions set forth in the California Rules of Court apply to these rules, unless the context or subject matter herein requires otherwise. As used in these rules: (1) “County” means the County of Alameda, State of California. (2) “Court” means the Superior Court of California, County of Alameda, and shall

include and apply to any judge, commissioner, or referee who is a duly

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appointed or elected member of this court and to any judge who has been assigned by the Chairman of the Judicial Council to serve, and is serving, as a judge of this court, including any retired judge who is so assigned and is serving, and any attorney designated by the presiding judge as a temporary judge.

(3) “Rule” is a local rule of the Superior Court of California, County of Alameda.

(4) “Clerk” means the clerk and any deputy clerks of the Superior Court of

California, County of Alameda.

(5) "Northern Division" means the combined geographic limits of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont; served by the René C. Davidson Alameda County Courthouse.

(6) "Southern Division" means the combined geographic limits of Hayward, San

Leandro, Fremont, Newark, Union City, unincorporated areas of Ashland, Castro Valley, Cherryland, Fairview, San Lorenzo, and Washington Township, served by the Hayward Hall of Justice.

(7) "Eastern Division" means the combined geographic limits of Dublin, Livermore,

Pleasanton, unincorporated areas of Sunol, East to the San Joaquin County line, West to Schafer Ranch Road, North to the Contra Costa County Line, South to Andrade Road, and Southeast to the Santa Clara County line; served by the Gale/Schenone Hall of Justice.

Rule 1.5 amended and renumbered effective July 1, 2007; adopted as rule 1.4 effective May 19, 1998; previously amended effective July 1, 1999. Rule 1.6. Judges’ vacation day A day of vacation for a judge of the court is an approved absence for one full business day. Other absences from the court listed in California Rules of Court, rule 10.603(c)(2)(H) are excluded from this definition. Rule 1.6 amended and renumbered effective July 1, 2007; adopted as rule 1.12 effective July 1, 2001; previously amended effective January 1, 2007.

Rule 1.7. [Reserved] Rule 1.7 (Civil filing venues) repealed effective July 1, 2008; adopted as sections ‘A’ through ‘E’ of Appendix to Chapter 1 effective August 1, 2000 and renumbered effective July 1, 2007; previously amended effective January 1, 2002, January 1, 2004, January 1, 2007, July 1, 2007, and January 1, 2008.

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Rule 1.8. Facsimile filing The court hereby adopts California Rules of Court, rule 2.300 et seq. for the facsimile filing of documents in Civil, Probate, and Family Law proceedings, except those specified in California Rules of Court, rule 2.300(b). (a) Filing

(1) The facsimile filing number will be posted on the court’s website and will be available at the clerk’s office.

(2) The court accepts direct filing as well as agency filing. (3) Documents may be faxed to the court 24 hours a day, although filings

received after 4 p.m. or on court holidays or weekends will be deemed filed on the next court day.

(b) Attorney fax number

If an attorney represents the party, the attorney must also include his or her facsimile machine telephone number, designated as a "fax" number below the attorney’s state bar number.

(c) Conformed copies

Conformed copies will be available via the court's web page if permitted by the California Rules of Court. Otherwise, a conformed copy of the filing will be returned via facsimile to the number provided unless otherwise requested.

(d) Attachments

Each attachment must be immediately preceded by a faxed insert “tab title page”, blank except for the title of the tab typed in the lower left-hand corner of the page. The facsimile usage fee will be assessed for each tab page.

(e) Rejected filings

If a document is rejected for filing, the clerk will fax a ‘Return Information Sheet’ indicating why the filing was rejected usually within two court days.

Rule 1.8 amended effective January 1, 2009; adopted effective May 19, 1998; previously amended effective August 1, 2000, July 1, 2003, January 1, 2004, January 1, 2007, and July 1, 2007. Rule 1.9. Filing of documents in civil, family, and probate matters

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Any pleading in civil, family, and probate matters may be filed at any court location in the county that has a public counter for the acceptance for filing of civil, family, and probate documents except as indicated below: (a) The sole filing venue for actions involving the Lanterman-Petris-Short Act

(LPS) is the René C. Davidson Alameda County Courthouse. (b) The sole filing venue for actions involving the False Claims Act under

Government Code sections 12650 – 12656 (including Qui Tam) is the René C. Davidson Alameda County Courthouse (California Rules of Court, rule 2.571(b)).

(c) Probate pleadings may not be filed at the George E. McDonald Courthouse. (d) Pleadings for dissolution of marriage, legal separation, nullity, or paternity

may not be filed at the Berkeley Courthouse or the George E. McDonald Courthouse.

Rule 1.9 amended effective July 1, 2008; adopted as rule 1.13 effective January 1, 2004 and renumbered effective July 1, 2007; previously amended effective January 1, 2008. Rule 1.10. Composition of jury panels (a) Subpanels established

The master jury list will be divided into four subpanels as follows:

(1) Oakland locations (René C. Davidson County Courthouse,

Administration Building, Wiley W. Manuel Courthouse, George E. McDonald Hall of Justice): Residents of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont.

(2) Hayward Hall of Justice: Residents of Hayward, San Leandro,

unincorporated areas of Ashland, Castro Valley, Cherryland, Fairview, and San Lorenzo.

(3) Fremont Hall of Justice: Residents of Fremont, Newark, Union City,

and unincorporated areas of Washington Township.

(4) Gale/Schenone Hall of Justice: Residents of Dublin, Livermore, Pleasanton, unincorporated areas of Sunol, East to the San Joaquin County line, West to Schaefer Ranch Road, North to the Contra Costa County Line, South to Andrade Road, and Southeast to the Santa Clara County line.

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(b) Use of panels and subpanels

(1) Panels for criminal cases

Jurors for felony trials will be drawn from the master jury list. Jury panels for misdemeanor trials will be drawn from the subpanel of jurors serving the court location in which the trial is held.

(2) Panels for civil cases

Panels for trials in unlimited jurisdiction civil cases will be drawn from the master jury list. Panels for trials in limited jurisdiction civil cases will be drawn from the subpanel of jurors serving the location in which the trial is held, unless no such subpanel is available.

(c) Use of master panel if subpanel is insufficient

If the number of jurors in a subpanel should prove insufficient, the trial judge will have the discretion to utilize available jurors drawn from the master jury list.

Rule 1.10 amended effective January 1, 2011; adopted as rule 1.11 effective July 1, 1999 and renumbered effective July 1, 2007; previously amended effective May 1, 2000, January 1, 2001, February 5, 2001 and January 1, 2008. Rule 1.11. Protocol regarding inter-court communication of domestic violence

restraining orders (a) Statement of purpose

This protocol is adopted in compliance with California Rules of Court, rule 5.450, effective January 1, 2004 and renumbered effective January 1, 2007, and complies with California Family Code sections 6380 and 6383, as well as California Penal Code section 136.2 as currently amended.

(b) Protocol goals

The goals of this protocol are to: (1) Establish a procedure for communication among courts issuing

criminal protection orders and courts issuing orders involving child custody and visitation orders, regarding the existence and terms of criminal protective orders and child custody and visitation orders, including:

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(A) A required procedure for courts issuing child custody or visitation to make reasonable efforts to determine whether there exists any criminal court protective order that involves any party to the action; and

(B) A procedure to require courts issuing criminal court protective

orders to make reasonable efforts to determine whether there exists any child custody or visitation orders that involve any party to the action.

(2) Establish a procedure by which the court issuing the criminal court

protective order may, after consultation with a court issuing subsequent child custody and visitation orders, modify the criminal court protective order to allow or restrict contact between the person restrained by the order and his or her children.

(3) The above-described orders shall include the following:

(A) Family law court orders made pursuant to the Domestic

Violence Prevention Act (F.C. section 6200 et. seq.);

(B) Juvenile court orders made pursuant to W. & I. section 213.5;

(C) Criminal court orders made pursuant to P.C. 136.2 where the victim and the defendant have a relationship as defined in F.C. section 6211;

(D) Civil court orders made pursuant to C.C.P. section 527.6 where

the victim and the defendant have a relationship as defined in F.C. section 6211;

(E) Probate court orders made in guardianship cases.

(4) Provide for the co-existence of non-conflicting orders with the following

limitations:

(A) The criminal court protective order under P.C. section 136.2 supersedes all other orders in the event of a conflict; and

(B) All orders involving child visitation with the restrained person

shall be specific as to time, date, and location of the visit and shall include provisions for the safe exchange of the children. Safety of all parties shall be the court’s paramount concern.

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(5) Encourage the establishment of regional communication systems with courts in neighboring counties regarding the existence and terms of criminal court protective orders.

(c) Protocol

Court communication regarding restraining orders – criminal, civil, family, juvenile, probate:

(1) Criminal protective orders take precedence over all other protective

orders issued by the civil, family, juvenile and probate courts, subject to the provisions below.

(2) Criminal court procedure:

(A) When the criminal court issues criminal protective orders

protecting victims, the criminal court shall determine whether there are any minor children of the relationship between the defendant/restrained person and the victim/protected person, and whether there are any court orders for custody/visitation for those minor children.

(B) If there are minor children, the criminal court shall consider

whether peaceful contact with the victim/protected person should be allowed for the purpose of allowing defendant/restrained person to visit the minor children. The court shall give the defendant/restrained person an information packet concerning his or her rights to request custody and/or visitation through the family or juvenile court, along with directions to the Self-Help Center.

(C) The criminal court shall also determine whether there are any

existing protective/restraining orders involving the defendant/restrained person, the victim/protected person, and/or the minor children. Subject to available resources, the court shall examine available databases for existing protective or restraining orders before issuing permanent criminal protective orders.

(D) If the criminal court order includes minor children as named

protected parties, the order may be made explicitly subject to modification by a civil, family, juvenile, or probate judge. If this qualifying clause is not included in the criminal court order, the order may not be modified without notification and consent of the issuing criminal court.

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(E) When the criminal court issues criminal protective orders that list the defendant/restrained person’s minor children as protected persons, the criminal court shall forward a copy of its order to the family court. If a civil, juvenile, or probate court proceeding concerning the family is pending, a copy of the order shall be faxed to the applicable court.

(3) Modification of criminal protective orders:

(A) Any court responsible for issuing custody or visitation orders

involving minor children of a defendant/restrained person subject to a criminal protective order may modify the criminal protective order if all of the following circumstances are applicable:

(i) Both the defendant/restrained person and the

victim/protected person are subject to the jurisdiction of the family, juvenile, or probate court; and both parties are present before the court.

(ii) The defendant/restrained person is on probation (formal

or court) or has a case pending for a domestic violence offense in Alameda County.

(iii) The family, juvenile, or probate court identifies a criminal

protective order issued against the defendant, which is inconsistent with a proposed family, juvenile, or probate court order, such that the family, juvenile, or probate order is/will be more restrictive than the criminal protective order.

(iv) Both the victim/protected person and the

defendant/restrained person agree that the criminal protective order may be modified to a less restrictive order.

(B) A criminal protective order may not be modified to a less

restrictive order or to one permitting proposed visitation or custody unless a clause specifically allowing such a modification or amendment is included in the criminal protective order. (See section 2D, supra.)

(C) If the aforementioned clause allowing modification of a criminal

protective order does not appear on the face of the order, or if any party objects to the modification of the criminal protective order, the family, juvenile, or probate court shall, at the request

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of an interested party or on its own motion, calendar a hearing before the criminal court on the issue of whether a criminal protective order should be modified. The family, juvenile, or probate court shall provide the criminal court with copies of existing or proposed orders relating to the matter. Notice of the hearing will be provided to all counsel and parties. Any modification of a Criminal Court Protective Order must be communicated to the Alameda County District Attorney’s Office.

(4) Family, juvenile, probate, civil court restraining orders involving child

custody and visitation orders:

(A) All personal conduct and stay away restraining orders in a judgment must include the date of expiration of such orders and good cause for granting such order(s) shall be set forth in attached declaration(s). In addition, all such restraining orders must be separately set forth on a CLETS or other applicable Judicial Council form.

(B) Subject to available resources, the family, juvenile, and probate

courts shall examine appropriate available databases for existing restraining or protective orders involving the same restrained and protected parties before issuing permanent CLETS civil restraining orders. In the event that this information is not available to the judicial officer, inquiry shall be made of the parties before issuing permanent CLETS civil restraining orders.

(C) Any order of the family, juvenile, or probate court that permits

contact between a defendant/restrained person subject to either CLETS civil restraining orders or criminal protective orders and his or her minor children, shall contain specific language setting forth the time, day, place, and manner of the transfer of the minor children, including the safe exchange of the minor children, in accordance with Family Code Section 3100. Such an order shall not contain language that conflicts with a criminal protective order. Safety of all parties shall be the court’s paramount concern. The court or a court-related agency may recommend safe and specific contact with the minor children. and direct the defendant/restrained person and/or the victim/protected person to the process for modification of protective orders.

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Rule 1.11 amended and renumbered effective July 1, 2007; adopted as section ‘G’ of Appendix to Chapters 4 and 5 effective July 1, 2005; previously amended effective January 1, 2007. Rule 1.12. Forms [Reserved] Rule 1.13. Failure to comply with these rules Failure to comply with these rules is punishable by contempt or other sanctions including, but not limited to, any sanctions provided for in these rules. Rule 1.13 amended and renumbered effective July 1, 2007; adopted as rule 1.9 effective May 19, 1998.

Chapter 2 – Policies Rule 2.0. Policy against bias (a) Purpose It is the policy of the court to provide an environment free of all types of bias, prejudice, any kind of discrimination or unfair practice. All judges, commissioners, referees, court officers and court attachés, shall perform their duties in a manner calculated to prevent any such conduct, either by court personnel or by those appearing in court in any capacity. This rule does not preclude legitimate comment or advocacy when race, gender, religion, national origin, disability, age, sexual orientation, socioeconomic status or other similar factors are issues in court proceedings. (b) Reporting a violation Any violation of this policy by any judge, commissioner, referee, court officer, or court attaché should be reported directly to the presiding, judge, supervising judge, executive officer or court administrator of the court location in which the alleged violation occurred. Any violation of this policy by persons appearing in court should be reported directly to the judicial officer before whom the proceedings were conducted. (c) [Reserved for implementation of Standards of Judicial Administration,

standard 10.20] Rule 2.0 amended effective January 1, 2008; previously amended effective July 1, 1999; adopted effective May 19, 1998.

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Title 2. [Reserved]

Adopted effective January 1, 2008.


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Title 3. Civil Rules

Chapter 1. Rules Applicable to All Civil Cases

Rule 3.1. Title

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

Rule 3.1 adopted effective July 1, 2007.

Rule 3.10. Application

The Local Civil Rules apply to all civil cases in the court, including general civil,family, juvenile, and probate cases, unless otherwise provided in these rules orby rule in the California Rules of Court or by order in a particular case.


Rule 3.20. Designation of civil cases

For the purposes of these rules, the following definitions and designations apply.

(a) Unlimited and limited civil cases

Cases designated on the Civil Case Cover Sheet as Auto Tort; OtherPI/PD/WD Tort, except Asbestos; Non-PI/PD/WD Tort; Employment;Contract, except Collection Cases; and Real Property are unlimited andlimited civil cases under these rules.

(b) Complex cases

All cases provisionally designated as complex or determined after hearingto be complex.

(c) Asbestos and silica cases

All cases in which a primary theory of recovery concerns exposure toasbestos fibers or products or crystalline silica in any form, whether thetheory plead is wrongful death, personal injury, product liability, or othercauses of action will be designated as an asbestos or silica case.

(d) Petitions and writs

All cases seeking approval of a petition to compel arbitration filed as theinitial pleading or to confirm an arbitration award, petitions forextraordinary relief sought pursuant to C.C.P. 1094.5 and 1085 and not


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combined with other civil claims, including actions brought pursuant to theCalifornia Environmental Quality Act, will be designated as petition cases.

(e) Uninsured motorist cases

All cases designated on the Civil Cover Sheet as an Uninsured Motoristcase are uninsured motorist cases under these rules.

(f) Small claims cases

Any case that is filed in the small claims court is a small claims case underthese rules.

(g) Collection cases

A collection case is an action for recovery of money owed in a sum statedto be certain that is not more than $25,000, exclusive of interest andattorneys fees, arising from a transaction in which property, services, ormoney was acquired. A collections case does not include an actionseeking the following: (1) Tort damages; (2) Punitive damages; (3)Recovery of real property; (4) Recovery of personal property; or (5) Aprejudgment writ of attachment.

(h) Unlawful detainer actions

All cases designated as unlawful detainer actions on the Civil Case CoverSheet are designated unlawful detainer actions under these rules.


Rule 3.25. Status or case management conference

The court may set any case for a status or case management conference at anytime upon notice. The notice may require the appearance of the parties, filing of apleading, performance of an act, or any other matter the court orders.


Rule 3.26. Notice of death

Within ten calendar days of receiving notice of a party’s death, counsel for thedeceased party must file a Notice of Death with the court and serve it upon allother parties.

Rule 3.26 adopted effective January 1, 2009.


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Rule 3.30. Law and motion

(a) Law and motion department

Law and motion matters are heard in Department 31 in any case that isnot assigned to a judge for all purposes or all pretrial purposes underthese rules.

(b) Reserving a hearing date

Any party who desires to have any demurrer, motion, or order to showcause set for hearing must contact the clerk of the department in which themotion will be heard to reserve a hearing date.

(c) Tentative rulings

The court adopts the tentative ruling procedure set out in California Rulesof Court, rule 3.1308(a)(1). The tentative ruling or notice to appear willgenerally be available by 4:00 p.m. two court days prior to the scheduledhearing and no later than 3:00 p.m. the court day before the hearing.Unless the court directs otherwise, the court’s tentative ruling will beavailable on the court’s website at www.alameda.courts.ca.gov/tentativerulingsor by calling (866) 223-2244. Whenever a tentative ruling has not beenissued, the parties are to appear at the hearing unless otherwise ordered.

Rule 3.30 amended effective January 1, 2010; adopted effective July 1, 2007.

Rule 3.35. Standing pretrial orders

(a) Application of the pretrial orders

Unless otherwise specified in these rules or modified by the judge towhom the case is assigned at the time of trial setting, the followingstanding orders will apply to:

(1) All civil jury trials; and

(2) With the exception of provisions for jury instructions and verdictforms, to all civil court trials.

(b) Exhibits

Each counsel, and any self-represented party, must prepare an index ofall exhibits to be offered at trial, other than those to be used forimpeachment or rebuttal, for submission with one extra copy to thecourtroom clerk at the pretrial conference or on the first day of trial if no


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pretrial conference is scheduled. The index must identify as separateexhibits each discrete document or item to be offered at trial and the indexmust include a brief description of each exhibit sufficient to distinguish itfrom the other exhibits. These indices and copies of the exhibits must beexchanged by counsel, and any self-represented party, at least three courtdays before the pretrial conference or three court days before trial if apretrial conference is not scheduled. The parties must meet and confer toeliminate duplicate exhibits and stipulate whenever possible to authenticityand admissibility. Failure to disclose or exchange a copy of any exhibitmay result in its exclusion at trial. All objections to an exhibit must be inthe form of a motion in limine pursuant to paragraph (e). Failure to file andserve a motion in limine objecting to an exhibit may waive all objections tothat exhibit at trial.

(c) Depositions and discovery responses

(1) Originals of all depositions to be used at trial must be lodged withthe courtroom clerk at the pretrial conference or on the first day oftrial if a pretrial conference is not scheduled. Counsel, and any self-represented party, must meet and confer to edit depositions asnecessary and make a good faith effort to resolve admissibilityissues related to depositions.

(2) If depositions, requests for admissions, interrogatory responses, orany other discovery responses, are to be used in lieu of livetestimony at trial, the proponent must submit the excerpts to beused to opposing counsel, or any self-represented party, at leastthree court days before the pretrial conference, or three court daysbefore trial if a pretrial conference is not scheduled. The partiesmust meet and confer on the admissibility of depositions, requestsfor admissions, interrogatory responses, or other discoveryresponses and whenever possible to authenticity and admissibility.Legal grounds for objections to such excerpts must be raised bymotion in limine pursuant to subdivision (e).

(d) Transcripts

The parties must meet and confer concerning the proposed use of anyvideo or audio presentation and stipulate whenever possible to the use ofthe presentation. Objections to any audio or video presentation ortranscripts must be raised in a motion in limine pursuant to subdivision (e).

(e) Motions in limine

All motions in limine must be in writing and personally served uponopposing counsel or any self-represented party one court day before the


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pretrial conference or one court day before the first day of trial if a pretrialconference is not scheduled. In the discretion of the trial judge, motions inlimine not served and filed in compliance with this rule might not be heard.

(f) Witnesses

A list of all witnesses, including both expert and non-expert witnesses, tobe called at trial, other than those to be called solely for impeachment or inrebuttal, must be personally served upon opposing counsel, or any self-represented party, three court days before the pretrial conference or threecourt days before trial if a pretrial conference is not scheduled andpresented in triplicate to the courtroom clerk at the pretrial conference oron the first day of trial if no pretrial conference is scheduled.

(g) Redaction of exhibits

If medical, personal, or consumer records are involved, the parties are todelete any information that counsel, or any self-represented party, agreeshould not come into evidence, including insurance information, so thatsuch information is not received by the jury. The proponent must thenprepare clean copies of the records for submission into evidence. Anydisagreements or legal grounds for objection to the records must be setforth in a motion in limine filed pursuant to subdivision (e).

(h) Statement of the case

Each counsel, and any self-represented party, must, in advance of thepretrial conference or the first day of trial if no pretrial conference isscheduled, meet and confer for the purpose of agreeing upon a brief non-argumentative summary of the factual nature of the case and a briefstatement regarding any alleged injuries and damages for submission tothe courtroom clerk at the pretrial conference or on the first day of trial if apretrial conference is not scheduled.

(i) Jury instructions

Each counsel, and any self-represented party, must personally serve uponopposing counsel, or any self-represented party, three court days beforethe pretrial conference or the first day of trial if no pretrial conference isscheduled and submit a set of proposed jury instructions to the courtroomclerk at the pretrial conference or on the first day of trial if a pretrialconference is not scheduled. The submission of a list of jury instructions,without the proposed instructions, does not comply with this requirement.The full text of the proposed instructions must be provided includingproposed language to complete any blank portions of such instructionsand proposed formatting to include or exclude bracketed language in such


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instructions. Any proposed instruction that is not taken verbatim from juryinstructions approved by the Judicial Council of California must includecitations to the authorities upon which it is based.

(j) Verdict forms

At least three court days before the pretrial conference or the first day oftrial if a pretrial conference is not scheduled, each counsel, and any self--represented party, must meet and confer for the purpose of agreeing upona form of verdict or special verdict and submit the agreed upon orproposed verdict form, if no agreement has been reached, to thecourtroom clerk at the pretrial conference or on the first day of trial if apretrial conference is not scheduled.

(k) Jury selection

Supplemental voir dire questions and any proposed written jurorquestionnaire must be personally served upon opposing counsel or anyself-represented party three court days before the pretrial conference orthe first day of trial if no pretrial conference is scheduled and submitted tothe courtroom clerk at the pretrial conference if one is scheduled, or on thefirst day of trial if a pretrial conference is not scheduled.

(l) Glossary

If the case involves technical or unusual vocabulary, the parties must meetand confer on the contents of a glossary of terms to be included and theirdefinitions. If the case involves technical or unusual vocabulary a specialglossary must be prepared and must be submitted, in duplicate, to thecourtroom clerk at the pretrial conference, or on the first day of trial if apretrial conference is not scheduled.

(m) Electronic copies

If ordered, counsel must submit to the court and all other parties,electronic copies of proposed juror questionnaires, jury instructions, andverdict forms in addition to printed versions required by this rule.Electronic copies must be in the format ordered by the court.

(n) Consequences of noncompliance

In the discretion of the trial judge, the consequences of noncompliancewith an order made under this rule may include imposition of any sanctionor order authorized by law including, without limitation, restrictingevidence, continuing the trial, sending the case back for further casemanagement, reopening discovery, excluding an exhibit, precluding the


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testimony of a witness, striking an instruction, or imposing sanctions.

Rule 3.35 amended and renumbered effective July 1, 2007; adopted as rule 4.8effective May 19, 1998; previously amended effective July 1, 1999 and January1, 2001; previously renumbered to rule 4.4H effective July 1, 2002; previouslyamended to relocate and revise former rule 4.4H to revised rule 4.6 effectiveJanuary 1, 2006; subsequently amended January 1, 2007.

Rule 3.50. Requirement for clerk’s finding of reasonable diligence forsubstituted service

For purposes of Code of Civil Procedure section 415.20(b), a party showsreasonable diligence in attempting personal service by attempting personaldelivery in good faith on at least three occasions. The party's attempts atpersonal service must occur on at least two different days of the week. Wherethe attempts at personal service are made at a person’s dwelling house or usualplace of abode, one of the attempts must occur before 8:00 a.m. and anotherattempt must occur after 7:00 p.m. If a party meets these requirements, a courtclerk will find that the reasonable diligence requirement is met.

Rule 3.50 amended effective January 1, 2010; adopted effective January 1, 2008.

Rule 3.60. Default matters

Once a plaintiff has requested a court judgment under California Rules of Court,rule 3.1800, a civil uncontested hearing will not be set without a court order.

Rule 3.60 amended and renumbered effective July 1, 2007; adopted as rule 4.10effective May 19, 1998; previously amended July 1, 1999; previously amendedand renumbered to rule 4.8 effective July 1,2002; subsequently amendedJanuary 1, 2007.

Rule 3.70. Recovery of costs and attorneys fees when judgment is foramount within small claims court jurisdiction

Costs and attorney fees will not be awarded to a prevailing plaintiff when theamount recovered is within the limitation on a small claims court action and theaction could have been brought in small claims court in the absence of unusualcircumstances. Where the amount sought is within the jurisdiction of small claimscourt but the party could not bring the action in that court, a declaration setting forthe specific basis for such a claim and a copy of the notice required by CCP1033(b)(2) must be submitted.

Rule 3.70 amended and renumbered effective July 1, 2007; adopted as rule 4.13effective May 18, 1998; previously amended effective July 1, 1999; previouslyrenumbered to rule 4.11 effective July 1, 2002.


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Rule 3.90. Failure to comply with these rules

If, at any time, a party fails to pursue a case to disposition or fails to comply withthe requirements of these rules, an order to show cause may be issued by thecourt and a hearing held to determine whether good cause exists for such failureand to consider the imposition of financial or terminating sanctions.

Rule 3.90 amended effective January 1, 2008; adopted as rule 4.18 effective May19, 1998; previously amended and renumbered to rule 4.16 effective July 1, 2002and subsequently amended and renumbered effective July 1, 2007; previouslyamended effective January 1, 2007.

Rule 3.95. Court reporter fees

A court reporter will be provided only if requested by a party or ordered by thecourt. If a party requests a reporter, one day’s fee for the reporter must be postedwith the clerk at least ten days prior to trial. If the trial lasts half a day or less, thebalance of the posted fee will be refunded. For trials lasting longer than one day,additional fees must be posted before each day’s proceeding.

Rule 3.95 amended and renumbered effective July 1, 2007; adopted as rule 4.19effective May 19, 1998; previously amended effective July 1, 1999; previouslyamended and renumbered to rule 4.17 effective July 1, 2002.

Rule 3.97. Return of exhibits

(a) Return of exhibits

All exhibits and other materials offered in evidence or otherwise presentedat civil trials, including transcripts of depositions and administrativerecords, will be returned at the conclusion of trial to the custody of theoffering party. The custodial party must maintain all exhibits and othermaterials in the same condition as received from the clerk until 60 daysafter a final judgment or dismissal of the entire case is entered.

(b) Obtaining certified copies of exhibits

At the conclusion of trial and before the exhibits and other materials arereturned to the offering party, any party may request that the court providecertified copies of exhibits and the clerk will prepare and provide suchcopies at the expense of the requesting party.

Rule 3.97 amended and renumbered effective July 1, 2007; adopted as rule 4.20effective May 19, 1998; previously amended effective July 1, 1999; previouslyrenumbered to rule 4.18 effective July 1, 2002.


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Chapter 2. Limited and Unlimited Civil Cases

Rule 3.100. Title

The rules in this chapter may be referred to as the Civil Direct Calendar Rules.


Rule 3.110. Application of this chapter

This chapter applies to all cases that are designated as limited and unlimitedcases. These cases may also be referred to as Direct Calendar Cases.


Rule 3.120. Assignment of cases

The presiding judge will assign each unlimited and limited civil case to a singlejudge for all purposes, including trial, except as further directed by the presidingjudge or required by law. That judge may be referred to as a Direct CalendarJudge. The Direct Calendar Judge will schedule, hear, and decide all matters foreach case assigned to that judge, except as may otherwise be required by law,provided in these rules, or directed by the presiding judge.


Rule 3.130. Notice of Assignment

(a) Notice of Assignment

All Direct Calendar cases will be assigned to a judge within two court daysof filing. A Notice of Assignment indicating the name and departmentnumber of the assigned judge, as well as the assigned judge’sdepartmental schedule for noticed motions and ex parte applications, anda Notice of Initial Case Management Conference will be prepared by thecourt.

(b) Notice of Assignment includes Notices of Reassignment

As used in this local rule, a Notice of Assignment includes an initial noticeas well as any subsequent Notice of Reassignment.



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Rule 3.135. Service of notices

(a) Service of notice by the clerk

The clerk will serve the Notice of Assignment and Notice of Initial CaseManagement Conference, either by mail on counsel of record for plaintiffand on any self-represented plaintiff, or personally on plaintiff or plaintiff’srepresentative at the time the complaint is filed.

(b) Service of notice by a party

(1) Service by a plaintiff

When a plaintiff causes the summons and complaint to be servedon a party in the case, a copy of the Notice of Assignment andNotice of Initial Case Management Conference must be served withthe summons and complaint. If a plaintiff receives the Notice ofAssignment from the court after that plaintiff has already served thesummons and complaint on one or more parties, then the plaintiffmust cause a copy of the Notice of Assignment to be servedforthwith on those parties. If a party, including an intervenor or avoluntarily appearing defendant, appears without previously beingserved with a summons, then the plaintiff must cause a copy of theNotice of Assignment to be served forthwith on that party.

(2) Service by other parties

When a cross-complainant causes the summons and cross-complaint to be served on a new party in the case, a copy of theNotice of Assignment together with notice of any pendingconference or hearing must be served with the summons andcross-complaint. If a cross-complainant receives the Notice ofAssignment from the court after the cross-complainant has alreadyeffected service of the summons and cross-complaint on one ormore new parties, then that cross-complainant must cause a copyof the Notice of Assignment together with notice of any pendingconference or hearing to be served forthwith on those new parties.

(3) When service not required

Notwithstanding the requirements of the preceding section, a Noticeof Assignment need not be served on any party that has alreadybeen served with that notice.

(Subd (b)(3) amended effective July 1, 2008)


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(4) Proof of service required

Any party serving a Notice of Assignment together with notice of anypending conference or hearing must forthwith file proof of servicethereof with the court.

Rule 3.135 amended effective July 1, 2008; adopted effective July 1, 2007.

Rule 3.140. Designation of assigned judge in subsequent documents

After a case is assigned, all subsequent documents must state on the face page,under the case number, the following:

ASSIGNED FOR ALL PURPOSES TO:JUDGE [insert name]DEPARTMENT [insert number]


Rule 3.150. [Reserved]

Rule 3.150 (Improper refiling) repealed effective July 1, 2008; adopted effectiveJuly 1, 2007.

Rule 3.160. Unavailability of assigned judge

(a) Temporary unavailability of assigned judge

In the event of the temporary unavailability of the judge assigned for allpurposes, another judge may be assigned to hear matters in that case.Until and unless the court issues an order or notice revoking the existingsingle assignment or assigning a new judge for all purposes, any hearingthat may take place before another judge does not affect the status of thecase as originally assigned for all purposes.

If, due to temporary unavailability, a judge must hear a matter assigned toanother judge, the court will note on the record that the case remainsassigned for all purposes to the assigned judge.

(b) Permanent unavailability of assigned judge

If for any reason, including but not limited to death, retirement, resignation,or elevation, a judge assigned to a case for all purposes is unavailable tocontinue to serve as such, the presiding judge will reassign the case toanother judge.


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Rule 3.170. Case management

(a) Case management conference

An initial case management conference will be scheduled approximately150 days after filing of the complaint.

(b) Continuance of case management conference

Requests to continue a case management conference may be submittedto the assigned judge prior to the date the case management statement isdue unless the reason for the continuance arose after that date. Requestfor continuance must explain the reason or reasons that the conferenceshould be continued and must indicate that the requesting party hasconferred with opposing counsel or self-represented party, if any, andindicate what the position is of such counsel or party with regard to therequest. Requests for continuance that are not granted are deemeddenied.

Rule 3.170 amended and renumbered effective July 1, 2007; adopted as rule 4.2effective May 19, 1998; previously amended effective July 1, 1999 and August 1,2000; previously amended and renumbered to rule 4.3 effective July 1, 2002;subsequently amended effective July 1, 2005 and January 1, 2007.

Chapter 3. Complex, Asbestos, and Silica Cases

Rule 3.250. Determination of a case as a complex case or an asbestos orsilica case

(a) Complex determination

Cases that are provisionally designated as complex will be assigned for acomplex determination hearing. In all pending cases not previouslydesignated as complex, counsel or self-represented parties may obtain adate for a hearing requesting complex designation by requesting a hearingwith the clerk in the designated department.

(b) Determination of a case as an asbestos or silica case

Cases are determined to be asbestos or silica cases on the basis of theinformation provided on the Civil Case Cover Sheet.

Rule 3.250 amended effective January 1, 2009; adopted as section ‘E’ of


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Appendix to Chapters 4 and 5 effective August 1, 2000; previously amendedeffective March 1, 2006 and January 1, 2007; previously amended andrenumbered effective July 1, 2007.

Rule 3.260. Assignment of complex, asbestos, and silica cases

(a) Assignment of cases

(1) Assignment of complex cases

Every case determined to be a complex case will be assigned forall purposes to a designated department.

(2) Assignment of asbestos and silica cases

Every case determined to be an asbestos or silica case will beassigned for all pretrial purposes and possibly for trial to adesignated department.

(b) Notice of Assignment for noncomplex and asbestos and silica cases

(1) The court will issue a Notice of Assignment in all cases determinednot to be complex.

(2) All asbestos and silica cases will be assigned within two court daysof filing. A Notice of Assignment indicating the name anddepartment number of the assigned judge, as well as the assignedjudge’s departmental schedule for noticed motions and ex parteapplications, and a Notice of Initial Case Management Conferencewill be prepared by the court.

(c) Service of notices

(1) Service of notice by the clerk

The clerk will serve the Notice of Assignment, Notice of InitialComplex Case Management Conference or Notice of Initial CaseManagement Conference, and any Complex Determination ordermade by the court by mail on counsel of record for plaintiff and onany self-represented plaintiff, or personally on plaintiff or plaintiff’srepresentative at the time the complaint is filed.

(2) Service of notice by the plaintiff

The plaintiff must serve the Notice of Assignment or ComplexDetermination order and the most recent case management


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conference notice on each named defendant either when thatdefendant is served with the summons and complaint, or as soonas plaintiff receives the notice, whichever is later and file a proof ofservice thereof. Whenever a cross complaint is filed, crosscomplainant must serve the Notice of Assignment or ComplexDetermination order on all cross defendants who are not alreadyparties with the summons and cross complaint, and must file aproof of service thereof.

(d) Designation of assigned judge in subsequent documents

After a case is assigned, all subsequent documents must state on the facepage, under the case number, the following:


(e) Case management conference for complex cases

Cases determined to be complex will be scheduled for a Complex CaseManagement Conference after the hearing or order determining that thecase is complex.

(f) Complex case management conference statements

Attorneys or unrepresented parties must file complex case managementconference statements in the assigned department within five court daysprior to the Complex Case Management Conference.

Rule 3.260 amended effective January 1, 2009; adopted as section ‘E’ ofAppendix to Chapters 4 and 5 effective August 1, 2000; previously amendedeffective March 1, 2006 and January 1, 2007; previously amended andrenumbered effective July 1, 2007.

Rule 3.280. Service requirements in asbestos and silica cases

(1) Within 45 days of filing the complaint, the plaintiff must serve each nameddefendant and file proof of service with the court.

(2) Within 45 days of service of the complaint, each defendant must file andserve all responsive pleadings.

(3) Within 45 days of service of the complaint, any cross-complaints must beserved and proof of service filed and served upon all parties who haveappeared in the action.


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(4) Any party adding a new party to the action must provide notice to thenewly added party of the next scheduled conference or hearing.

Rule 3.280 amended and renumbered effective July 1, 2007; adopted as rule 7.4effective May 19, 1998; previously amended effective July 1, 1999 and January1, 2005.

Rule 3.285. Standard interrogatories in asbestos and silica cases

(a) Interrogatories to plaintiffs

All standard interrogatories to plaintiffs will be deemed served on plaintiffwhen the complaint is filed and answers must be served within 60 days ofthe filing of the complaint.

(b) Interrogatories to defendants

All standard interrogatories to defendants and cross-defendants will bedeemed served with the complaint or cross-complaint and answers mustbe served pursuant to the provisions of Code of Civil Procedure section2030 or order of the court.

Rule 3.285 amended and renumbered effective July 1, 2007; adopted as rule 7.4effective May 19, 1998; previously amended effective July 1, 1999 and January1, 2005.

Rule 3.290. Case management for asbestos and silica cases

(a) Initial case management conferences

(1) The initial case management conference will be conducted within120 days after the filing of the complaint or as otherwise ordered bythe court.

(2) Counsel thoroughly familiar with the case must attend the initialcase management conference. All deadlines and schedule datesordered by the court or stipulated to by counsel attending the initialcase management conference will be binding on trial counsel.

(3) The court may set deadlines for exchange of written demands andoffers, stipulations, completion of depositions and interrogatories,filing of motions, disclosing exhibits, and designation of experts.

(4) The court will consider and may order consolidation for the purposeof hearing motions, conducting settlement conferences, or for trial.


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(b) Second case management conference

(1) A second case management conference will be held by the court180 days after the initial case management conference unless thecourt orders otherwise.

(2) The court will review discovery; schedule settlement conferences;schedule the trial date and further conference dates; considerdiversion of the case to a special master, hearing officer, ortemporary judge; consider ordering the case to judicial arbitration orother form of alternative dispute resolution; and will set a deadlinefor independent medical examinations.

(c) Third case management conference

(1) A third case management conference will be held by the court 60days before trial or as otherwise ordered by the court.

(2) The court will order a final discovery deadline; rule on pendingmotions; dismiss or substitute fictitious defendants; and schedulesummary judgment or summary adjudication of issues ifappropriate.

(d) Fourth case management conference

(1) A fourth case management conference will be held by the court 30days before trial or as otherwise ordered by the court.

(2) The court will confirm the trial date and trial management andsettlement conference dates; review previous orders forcompliance; assure readiness for trial; and make any other ordersdetermined to be necessary or appropriate.

(e) Final case management conference

A final case management conference will be held 14 days before trial unlessotherwise ordered by the court.

Rule 3.290 amended and renumbered effective July 1, 2007; adopted as rule 7.4effective May 19, 1998; previously amended effective July 1, 1999 and January1, 2005


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Chapter 4. Other Special Civil Case Types

Rule 3.300. Cases involving the California Environmental Quality Act

(a) Assignment of CEQA cases

Unless otherwise specified in these rules or ordered by the presiding orsupervising judge, all CEQA cases will be assigned to a single judge for allpurposes, including trial.

(b) Notice of assignment

A Notice of Assignment indicating the name and department number ofthe assigned judge, as well as the assigned judge’s departmentalschedule for notice motions and ex parte applications, will be prepared bythe court.

(c) Service of notices

(1) Service of notice by clerk

The clerk will serve the Notice of Assignment either by mail oncounsel of record for petitioner and on any self-representedpetitioner, or personally on petitioner or petitioner’s representative atthe time the petition is filed.

(2) Service of notice by petitioner

The petitioner must serve the Notice of Assignment and the mostrecent case management conference notice on each namedrespondent or defendant either when that respondent or defendantis served with the summons and complaint, or as soon as petitionerreceives the notice, whichever is later, and file a proof of servicethereof.

(d) Designation of assigned judge in subsequent documents

After a CEQA case is assigned, all subsequent documents must state onthe face page, under the case number, the following:



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(e) Unavailability of assigned judge

In the event of the temporary unavailability of the judge assigned to aCEQA case for all purposes, another judge may be assigned to hearmatters in that case. Until and unless the court issues an order or noticerevoking the existing single assignment or assigning a new judge for allpurposes, any hearing that may take place before another judge does notaffect the status of the case as originally assigned for all purposes.

If, due to temporary unavailability, a judge must hear a matter assigned toanother judge, the court will note on the record that the case remainsassigned for all purposes to the assigned judge.

Rule 3.300 amended and renumbered effective July 1, 2007; adopted as rule5.13 effective July 1, 1999; previously amended January 1, 2000; previouslyrenumbered to rule 5.12 effective January 1, 2002 and renumbered to rule5.11,effective July 1, 2003; subsequently amended effective January 1, 2007.

Rule 3.310. Invitation to mediation

Petitioner must prepare and lodge with the designated CEQA department anotice form for the court’s signature inviting mediation. The clerk will mail thenotice of invitation to all parties.

Rule 3.310 amended and renumbered effective July 1, 2007; adopted as rule5.13 effective July 1, 1999; previously amended January 1, 2000; previouslyrenumbered to rule 5.12 effective January 1, 2002 and renumbered to rule5.11,effective July 1, 2003; subsequently amended effective January 1, 2007.

Rule 3.320. Preparation of the administrative record

(a) Preparation by the public agency

Within 20 days after receipt of a request to prepare the administrativerecord, the public agency responsible for such preparation mustpersonally serve on petitioner a preliminary notification of the estimatedcost of preparation, setting forth the agency’s normal costs per page, otherreasonable costs, if any, the agency anticipates, and the likely range ofpages. This notice must also state, to the extent then known, thelocation(s) of the documents anticipated to be incorporated into theadministrative record, must designate the contact person(s) responsiblefor identifying the agency personnel or other person(s) having custody ofthose documents, and must provide a listing of dates and times whenthose documents will be made available to petitioners or any party forinspection during normal business hours as the record is being prepared.This notice must be supplemented by the agency from time to time as


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additional documents are located or determined appropriate to be includedin the record.

(b) Notification that petitioner elects to prepare the record

Upon receipt of this preliminary notification, petitioners may elect toprepare the record themselves provided they notify the agency within fivedays of such receipt. If petitioners so elect, then within 40 days of serviceof the initial notice to prepare the administrative record, petitioner mustprepare and serve on all parties a detailed index listing the documentsproposed by petitioners to constitute the record. Within seven calendardays of this notification, the agency, or other parties if any, must prepareand serve the petitioners and all parties with a document notifying them ofany document or item that such parties contend should be added to, ordeleted from, the record. The agency must promptly notify petitioners ofany required photocopying procedures or other conditions with whichpetitioners must comply in their preparation of the record.

(c) Notice by agency of proposed record

If petitioners do not so elect, then within 40 days after service of therequest to prepare the administrative record, the agency must prepare andserve on the parties a detailed index listing the documents proposed bythe agency to constitute the record and provide a supplemental estimatedcost of preparation. Within seven calendar days of receipt of thisnotification, petitioners, or other parties if any, must prepare and serve theagency and all parties with a document notifying the agency of anydocument or item that such parties contend should be added to, or deletedfrom, the record.

(d) Preparation by Petitioner

(1) Notice designating location of documents

Within 20 days after receipt of petitioner’s notice of election toprepare the record, the public agency responsible for certification ofthe record must personally serve on petitioner a preliminarynotification designating, to the extent then known, the location(s) ofthe documents anticipated to be incorporated into theadministrative record, the contact person(s) responsible foridentifying the agency personnel or other person(s) having custodyof those documents, and the dates and times when thosedocuments will be made available to petitioners or any party fortheir inspection and copying. This notice must also state anyrequired photocopying procedures or other conditions with whichpetitioners must comply in their preparation of the record. This


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notice must be supplemented by the agency as additionaldocuments are located or determined appropriate to be included inthe record.

(2) Service of index

Within 40 days after service of petitioner’s notice of election,petitioners must prepare and serve on all parties a detailed indexlisting the documents proposed by petitioners to constitute therecord. Within 7 calendar days of this notification, the agency, orother parties if any, must prepare and serve the petitioners and allparties with a document notifying them of any document(s) oritem(s) that such parties contend should be added to, or deletedfrom, the record.

Rule 3.320 amended and renumbered effective July 1, 2007; adopted as rule5.13 effective July 1, 1999; previously amended January 1, 2000; previouslyrenumbered to rule 5.12 effective January 1, 2002 and renumbered to rule 5.11,effective July 1, 2003; subsequently amended effective January 1, 2007.

Rule 3.330. Format of the administrative record

(a) Binding and length of volumes of the administrative record

The administrative record must be provided in one or more volumes of notmore than 300 pages that are separately bound. The pages of theadministrative record must be numbered consecutively and bound on theleft margin. The cover of each volume of the records must be the samesize as its pages and contain the same material as the cover of a brief, butmust be labeled “Administrative Record.”

(b) Index

At the beginning of the first volume of the administrative record, there mustbe an index of each paper or record in the order presented in the recordreferring to each paper or record by title or description and the volume andpage at which it first appears.

(c) Organization

The administrative record must be organized in the following order:

(1) The Notice of Determination;

(2) All resolutions or ordinances adopted by the lead agency approvingthe project or required by law;


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(3) The Draft or revised Draft Environmental Impact Report and initialstudy;

(4) The comments received on and the responses to those commentsprepared for the Draft Environmental Impact Report or NegativeDeclaration, including any modification of the environmentaldocuments and project made after the comment period;

(5) The remainder of the Final Environmental Impact Report, includingall appendices and other materials;

(6) The staff reports prepared for the approving bodies of the leadagency;

(7) Transcripts or minutes of all hearings; and

(8) The remainder of the administrative record.


Rule 3.335. Disputes regarding the contents of the administrative record

Once the administrative record has been filed, any disputes about its accuracy orscope should be resolved by appropriate noticed motion. For example, if theagency has prepared the administrative record, petitioners may contend that itomits important documents or that it contains inappropriate documents; if thepetitioners have prepared the record, the agency may have similar contentions. Amotion to supplement the certified administrative record with additionaldocuments or to exclude certain documents from the record may be noticed byany party and should normally be filed concurrently with the filing of petitioner’sopening memorandum of points and authorities in support of the writ. Oppositionand reply memoranda on the motion should normally be filed with the oppositionand memoranda, respectively, regarding the writ. The motion should normally becalendared for hearing concurrently with the hearing on the writ.


Rule 3.340. Briefing schedule and length of memoranda

Unless otherwise ordered by the court, the following briefing schedule must be


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followed:

(1) Petitioner must file directly in the designated CEQA department and servepersonally, by overnight mail or, if previously agreed, by fax, an openingmemorandum of points and authorities in support of the petitioner within30 days from the date the administrative record is served.

(2) Respondent and Real Party in Interest must file directly in the designatedCEQA department and serve personally, by overnight mail or, if previouslyagreed, by fax, opposition points and authorities, if any, within 30 daysfollowing service of petitioner’s memorandum of points and authorities.

(3) Petitioner has 20 days from service of the opposition’s points andauthorities to file directly in the designated CEQA department and servepersonally, by overnight mail or, if previously agreed, by fax, a replymemorandum of points and authorities.


Rule 3.350. Settlement meeting

The initial notice must provide that, if the parties agree, the first settlementmeeting will be continued so as to take place no later than 35 days after theadministrative record is served.


Rule 3.370. Statement of issues

The statement of issues must identify those portions of the administrative recordthat are directly related to the contentions and issues remaining in controversy.


Rule 3.380. Trial notebook

Petitioner must prepare a trial notebook that must be filed with the designated


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CEQA department 14 days before the date of the hearing. The trial notebookmust consist of the petition, all answers, the briefs, any motions set to be heardat trial, the statement of issues, and any other documents agreed upon by theparties.


Rule 3.400. Other petitions for administrative or ordinary mandamus[Reserved]

Rule 3.500. Petitions to compel arbitration or to confirm an arbitrationaward [Reserved]

Rule 3.600. Unlawful detainers

The rules in this chapter may be referred to as the Local Unlawful DetainerRules.

Rule 3.600 amended and renumbered effective July 1, 2007; adopted as rule 7.2effective May 19, 1998; previously amended effective July 1, 1999 and July 1,2004.

Rule 3.610. Undertakings

Unless otherwise ordered by the court, the minimum amount of undertakingrequired for an order for immediate possession is ten times the amount ofmonthly rental, but not less than $500.00.

Rule 3.610 amended effective July 1, 2008; adopted as rule 4.14 effective May19, 1998; previously amended effective July 1, 1999 and July 1, 2007; previouslyrenumbered to rule 4.12 effective July 1, 2002 and to rule 3.610 effective July 1,2007.

Rule 3.620. Request for trial date

Plaintiff must file a request for trial no later than 25 days after filing an unlawfuldetainer complaint.



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Rule 3.630. Notice that defendant has vacated premises and redesignationof case

The plaintiff must notify the court in writing forthwith if all defendants have ceasedpossession of the property prior to trial and that possession of the property istherefore no longer an issue. Upon receipt of such notice, the court will issue aNotice of Assignment of the case as a limited or unlimited civil case.


Rule 3.640. Status conference

The court will set a status conference 45 days after filing of an unlawful detainercomplaint unless the case has been set for trial, the court has issued a Notice ofAssignment following redesignation of the case as a limited or unlimited case, ora disposition of the case has been entered.


Rule 3.650. Applications for stays of execution or other extraordinary relief

Ex parte applications for stays of execution or other extraordinary relief inunlawful detainer matters must be accompanied by a declaration showing each ofthe following:

(1) Opposing counsel (or, if there is none of record, the opposing party) hasbeen notified at least 24 hours in advance by telephone or in person of thetime of the application.

(2) The facts that necessitate proceeding ex parte.

(3) The facts that constitute good cause for a stay of execution.

Factual matters must be set forth directly, not on information and belief. A form ofdeclaration may be obtained from the clerk. Stays involving possession of realproperty will usually be granted only on condition that the payment of thereasonable rental value is paid to the court in advance if rent would otherwisebecome due.

Rule 3.650 amended and renumbered effective July 1, 2007; adopted as rule4.16 effective May 19, 1998; previously renumbered to rule 4.14 effective July 1,2002.


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Chapter 5. Alternative Dispute Resolution

Rule 3.700. Use of alternative dispute resolution processes encouraged

The court finds that it is in the best interests of all parties that they participate inalternatives to traditional litigation, such as arbitration, mediation, neutralevaluation, and voluntary settlement conferences. Therefore, the court may refercases to an appropriate form of alternative dispute resolution (ADR) before theyare set for trial, unless there is good cause to dispense with an alternativedispute resolution process.

Rule 3.700 amended and renumbered effective July 1, 2007; adopted as rule 6.1effective May 19, 1998; previously amended July 1, 1999 and July 1, 2003.

Rule 3.710. Rules for alternative dispute resolution processes other thanjudicial arbitration

(a) Selection of provider

The parties may choose any ADR provider they wish, whether or not thatprovider is on the list described in the following section of these rules.

(b) Good faith participation is required

All parties to an alternative dispute resolution process must participate inthe process in good faith.

(c) Personal appearance required

In conducting a session, the ADR provider should require the attendanceof persons with full authority to resolve the dispute. The provider shouldonly permit telephone appearances if good cause to waive personalappearance was shown in a timely manner prior to the session.

(d) Cost of the alternative dispute resolution process

Unless the ADR provider’s fees and expenses have been ordered by thecourt, the parties and the provider must agree on the fees andexpenses. The fees and expenses of the provider will be borne by theparties equally, unless they agree otherwise.



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Rule 3.720. Alternative dispute resolution provider list

The court maintains a list of alternative dispute resolution providers to assistparties and counsel in obtaining access to experienced and affordable alternativedispute resolution services. The list includes providers in the areas of mediation,neutral case evaluation, private arbitration, and judicial arbitration. The list,including names, qualifications, services provided and fees charged, will beposted on the court’s website and will be available in the office of the ADRprogram administrator.

Rule 3.720 amended and renumbered effective July 1, 2007; adopted as rule 6.3effective May 19, 1998; previously amended effective July 1, 1999, July 1, 2003,and January 1, 2007.

Rule 3.740. The ADR administration committee

(a) Members

In addition to the members required by the California Rules of Court, thecourt’s ADR Administration Committee will also include three or moremembers chosen by the presiding judge as representatives of ADRproviders serving on the court’s ADR panels.

(b) Duties of the committee

In addition to the responsibilities provided in the California Rules of Court,the court’s ADR Administration Committee has the followingresponsibilities:

(1) To establish criteria for ADR panel eligibility;

(2) To recruit and appoint ADR providers to the ADR panels;

(3) To deny applications for the ADR panel;

(4) To investigate any written complaints received regarding theconduct of ADR panelists and determine appropriate action,including but not limited to, issuing a reprimand, removing anindividual from the ADR panel, and prohibiting future participation inthe ADR panel;

(5) To develop informational and educational material concerning thecourt’s ADR panels;

(6) To review the administration and operation of the ADR panel listand make recommendations to improve the program, promote the


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ends of justice, and serve the needs of the community; and

(7) To gather statistical and other evaluation information concerning thecourt’s ADR program to ensure that the reporting requirements tothe Judicial Council are met.

Rule 3.740 amended and renumbered effective July 1, 2007; adopted as rule 6.5effective May 19, 1998; previously amended effective July 1, 1999, July 1, 2003,and January 1, 2007.

Rule 3.750. Complaint procedure

The complaint procedure described in this section applies to all providers ofalternative dispute resolution (ADR) services who are panel members of thecourt’s ADR Program. The following local rules relating to the complaintprocedure are intended to comply with applicable California Rules of Court and toensure that all complaints are resolved through procedures consistent withCalifornia mediation confidentiality statutes. The court’s ADR complaint brochureprovides more detailed information about the process and procedure.

Rule 3.750 amended effective January 1, 2010; adopted as rule 6.7 effective July1, 2003; previously amended and renumbered effective July 1, 2007.

Rule 3.760. Inquiries and complaints

(a) Designation of complaint coordinator

The ADR program administrator is the designated complaint coordinatorunless otherwise ordered by the presiding judge.

(b) Acknowledgement of complaint

Within three court days of receipt of an inquiry or complaint, the complaintcoordinator will send written acknowledgement of receipt.

(c) Preliminary review

Within 10 court days of receipt of an inquiry or complaint, the complaintcoordinator will determine whether the complaint can be informallyresolved or closed, or whether an investigation is warranted. If aninvestigation is warranted then the complainant may be asked to submitthe complaint in writing.

(d) Investigation and recommendation

(1) Within three court days of a determination that the complaint


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warrants an investigation, the panelist will be given written notice ofthe complaint. If the complaint was initiated as an unwrittencommunication and the complainant is asked to submit thecomplaint in writing, the panelist will be given written notice of thecomplaint within three court days of receipt of the written complaint.

(2) The panelist must submit any written response within 10 courtdays. This period may be extended by the presiding judge upon ashowing of good cause.

(3) The investigation will be conducted by a complaint committee.

(4) Within 30 court days, the complaint committee will conclude theinvestigation and submit its recommendation concerning courtaction to the presiding judge. This period may be extended by thepresiding judge upon a showing of good cause.

(e) Final decision

(1) Within 10 court days of receipt of the complaint committee’srecommendation, the presiding judge will render a final decision.

(2) One or more of the following actions may be taken;

(A) no action;(B) counsel, admonish or reprimand the panelist;(C) impose additional training requirements as a condition of

remaining a member of the court’s panel;(D) suspend the panelist from the panel; or(E) remove the panelist from the panel.

(f) Notification of final action

Each complainant and affected panelist will be promptly notified in writingof the final decision.



Title 4. Criminal and Traffic Rules

Chapter 1. General Provisions

Rule 4.1. Title The rules in this title may be referred to as the Local Criminal and Traffic Rules. Rule 4.1 effective January 1, 2008. Rule 4.10. Application The Local Criminal and Traffic Rules apply to all criminal and traffic cases in the court, unless otherwise provided in these rules or by a statute or a rule in the California Rules of Court. Rule 4.10 effective January 1, 2008.

Chapter 2. Criminal Rules Rule 4.100. Organization (a) All proceedings subject to welfare fraud court processing will be set in

Department 115 of the Wiley W. Manuel Courthouse. (b) All indictments will be set in Department 11 of the René C. Davidson

Courthouse. (c) All informations subject to Proposition 36 and other formalized drug court

processing that begin in the Wiley W. Manuel Courthouse, the René C. Davidson Courthouse, or the George E. McDonald Courthouse will be set in Department 108 of the Wiley W. Manuel Courthouse.

(d) All other felony informations that begin in the Wiley W. Manuel

Courthouse, the René C. Davidson Courthouse, or the George E. McDonald Courthouse will be set before the Executive Judge, Northern Division in Department 11 of the René C. Davidson Courthouse.

(e) All felony informations that begin in the Hayward Hall of Justice, the

Fremont Hall of Justice, and the Gale/Schenone Hall of Justice will be set before the Executive Judge, Southern Division in Department 513 of the Hayward Hall of Justice.

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(f) Report and sentence proceedings in all felony matters not subject to Proposition 36 or other formalized drug court or welfare fraud court processing, will be set in Department 11 for cases that begin in the Wiley W. Manuel Courthouse or the George E. McDonald Courthouse; and in Department 513 for cases that begin in the Hayward Hall of Justice, the Fremont Hall of Justice, and the Gale/Schenone Hall of Justice.

(g) Report and sentence proceedings for all felony cases assigned to a trial

department will occur in the trial department. Rule 4.100 amended and renumbered effective January 1, 2008; adopted as section ‘A’ of Appendix to Chapter 8 effective August 1, 2000; previously amended effective March 1, 2005. Rule 4.110. Adoption of uniform bail schedules Uniform countywide bail schedules for felony, misdemeanor, and infraction offenses will be revised and approved by the Executive Committee annually or at such other time the committee determines it is necessary or appropriate to do so. Rule 4.110 amended and renumbered effective January 1, 2008; adopted as section ‘F’ of Appendix to Chapter 8 effective January 1, 2007. Rule 4.120. Special circumstances cases All informations and indictments whereupon the District Attorney’s Office seeks the penalty of death must be calendared and assigned for trial out of Department 11. Rule 4.120 amended and renumbered effective January 1, 2008; adopted as section ‘D’ of Appendix to Chapter 8 effective August 1, 2000. Rule 4.130. Withdrawal of time waiver Withdrawal of a time waiver for trial under Penal Code section 1382 in felony and misdemeanor cases must be declared in open court at either a regularly scheduled appearance or at an appearance added to the calendar for that purpose after proper notice to all parties. Rule 4.130 effective July 1, 2009.

Chapter 3. [Reserved]

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Chapter 4. Traffic Rules

Rule 4.300. Transfer to county seat Motions to transfer the place of appearance for a traffic citation to the county seat under Vehicle Code section 40502(b) must be made at the time of arraignment. Rule 4.300 amended and renumbered effective January 1, 2008; adopted as rule 9.0 effective May 19, 1998; previously amended effective July 1, 1998 and July 1, 1999. Rule 4.310. Trial by declaration Any defendant may request a trial by written declaration as allowed by Vehicle Code section 40902. Trials by declaration will be processed in accordance with the provisions of California Rules of Court, rule 4.210. Rule 4.310 adopted effective January 1, 2008. Rule 4.320. Trial by declaration in absentia Under Vehicle Code section 40903, any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to that code. In eligible cases the court will conduct the trial in absentia and it will be adjudicated on the basis of the notice to appear issued under Vehicle Code section 40500 and any business record or receipt, sworn declaration of the arresting officer, or written statement or letter signed by the defendant that is in the file at the time the trial by declaration is conducted. If the court finds the defendant guilty, the conviction will be reported to the Department of Motor Vehicles and the court will notify the defendant, by first class mail, of the disposition of the case, the amount of imposed fines and fees, and the defendant’s right to request a trial de novo within the time specified in the notice. In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice. If the defendant makes no timely request for a trial de novo and has not paid the fines and fees by the due date, the case will proceed to civil assessment as provided under Penal Code section 1214.1. Rule 4.320 effective July 1, 2009; adopted as Trial by declaration in Photo Red Light Citation cases effective January 1, 2008; previously repealed effective February 1, 2009.

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Rule 4.330. Continuances A request to continue a traffic trial must be received by the court ten days before the date of the trial. No request for continuance received after that date will be granted unless the interests of justice require a continuance. Rule 4.330 adopted effective January 1, 2008. Rule 4.335. Defendant’s personal appearance required at trial The defendant must be personally present at the time of trial unless there is a stipulation regarding the issue of identity. Rule 4.335 adopted effective January 1, 2011. Rule 4.340. Motion to re-open case adjudicated by bail forfeiture Any motion to reopen a conviction reported to the Department of Motor Vehicles following a bail forfeiture under Vehicle Code section 40512 or reported as a failure to complete traffic violator school under Vehicle Code section 40512.6 shall be filed with the Traffic Division no later than 180 days from the date of the bail forfeiture, unless good cause is shown. Rule 4.340 adopted effective January 1, 2008.

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Title 5. Family and Juvenile Rules

Rule 5.1. Title The rules in this title may be referred to as the Local Family and Juvenile Rules. Rule 5.1 adopted effective January 1, 2008.

Division 1. Family Rules

Chapter 1. General Provisions Rule 5.5. Division title The rules in this division may be referred to as the Local Family Rules. Rule 5.5 adopted effective January 1, 2008. Rule 5.10. Office of the Family Law Facilitator In addition to the services and duties the family law facilitator must perform to comply with the requirements of state law, the family law facilitator will also perform the services set out in Family Code section 10005, consistent with funding restrictions and priorities for service that are periodically set by the court. Rule 5.10 amended and renumbered effective January 1, 2008; adopted as rule 11.11 effective May 19, 1998; previously amended effective January 1, 2004.

Rule 5.15. Declaration of notice on ex parte application

Parties may use the Declaration Regarding Notice for Ex Parte Application for Order (Local Form ALA FL-010) to provide the required declaration regarding notice of an ex parte application for an order. Rule 5.15 amended effective January 1, 2009; adopted as rule 11.0.1 effective May 19, 1998; previously amended effective July 1, 1999, January 1, 2004, July 1, 2004, January 1, 2006, and January 1, 2007; previously amended and renumbered effective January 1, 2008. Rule 5.20. Child visitation by a nonprofessional supervisor In any proceeding in which a party seeks an order that child visitation be supervised by a nonprofessional supervisor, the party must provide a copy of the Guidelines for Child Visitation Supervision (Local Form ALA FL-015-INFO) to the proposed supervisor(s) and thereafter file an Agreement For Child Visitation

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Supervision (Local Form ALA FL-015) signed by the nonprofessional supervisor(s) before any visit occurs. Rule 5.20 amended effective January 1, 2009; adopted effective January 1, 2008. Rule 5.25. Requests to set settlement conferences and trial dates (a) Request for trial

Either party may request that a trial date be set by serving and filing a Request for Status Conference to Set Case for Trial (Local Form ALA FL-050). Upon filing a request for trial, a status conference will be calendared by the clerk.

(b) Motion to set

Either party may serve and file a notice of motion to set a settlement conference and trial date or to set a trial date without a settlement conference. Trial dates will not be set without settlement conference dates unless the court determines that the matter will proceed as an uncontested matter, or unless a settlement conference has already been conducted by the court. At the time of the hearing on the motion to set, a court may make orders concerning proceeding to trial as the court deems appropriate. The only other relief that can be requested as part of a motion to set is: (1) Relief that would result in the matter proceeding as a default. (2) Relief regarding the other party's failure to serve a preliminary

disclosure declaration. (c) Request for voluntary settlement conference

The parties may request in writing that the entire matter is ready for settlement conference and trial or that certain issues are ready for bifurcated settlement conference and trial. If the request is granted, the matter will be set and the parties notified of the date, time, and place of the voluntary settlement conference. The parties must use the Stipulation and Order for Voluntary Settlement Conference (Local Form ALA FL-045) to make their request.

Rule 5.25 amended and renumbered effective January 1, 2008; adopted as rules 11.0.4 and 11.0.5 effective May 19, 1998; previously amended effective January 1, 2004.

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Rule 5.30. Motions and hearings (a) Duty to meet and confer

(1) Before court hearing on an order to show cause or motion

Unless the court orders another time period, no later than five days before a hearing on an order to show cause or a motion, the parties must meet and confer, in person or by telephone, discuss all pending issues and, to the extent not previously served and filed, exchange all documents and information relevant to such issues.

(2) Before settlement conference or trial

Unless the court orders another time period, no later than five days before a settlement conference or trial, the parties must meet and confer, in person or by telephone, to discuss all pending issues and, to the extent not previously served and filed, must exchange all documents and information relevant to such issues.

(b) Attaching order or judgment if modification is requested In any proceeding to modify or enforce an existing order or judgment, a copy of the order or judgment must be attached to the moving papers. Any order or judgment required by this rule that is not attached to the moving papers must be attached to the responsive papers.

(c) Declaration of unresolved issues required

If a motion is continued for more than 60 days, each party must serve and file a declaration setting forth the issues that remain unresolved. In addition, if any financial issues are involved, each party must file and serve a current Income and Expense Declaration unless that party has filed and served an Income and Expense Declaration within the previous 30 days and it remains current. The declaration, and Income and Expense Declaration if required, must be filed and served at least ten days before the date set for the continued hearing. Parties must use the Summary of Contested and Resolved Issues (Local Form ALA FL-030) for this purpose.

(d) No appearances on ex parte applications

No personal appearance is permitted or required with an ex parte application, unless otherwise ordered by the court.


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Rule 5.35. Stipulated continuance of hearing (non-trial) The hearing on a motion may be continued by submitting a written stipulation between the parties filed with the court and stating all of the following: (1) The title of the motion. (2) The date the motion was filed. (3) The date and time proposed for the continued hearing. (4) The reasons for the requested continuance. (5) The agreement of the parties that any temporary order previously issued

by the court at the time of the filing of such motion will remain in effect until the motion or order is decided.

(6) The clerk of the department in which the motion is pending has confirmed

the date and time proposed for the continued hearing is available for the rescheduling.

(7) A copy of the stipulation has been served on all parties.

The signed stipulation must be received by the clerk in the department in which the motion is pending before noon on the court day prior to the date then scheduled for hearing. A stipulation submitted in conformance with this rule will be deemed approved unless the courtroom clerk notifies the parties otherwise. Any required fee must be paid to the clerk of the court before the motion is heard.

The parties must use the Stipulation for Continuance of Hearing or Status Conference (Local Form ALA FL-035) form to submit this request. Rule 5.35 adopted effective January 1, 2008. Rule 5.40. Requests to continue status and settlement conferences and

trials

Status conferences may be continued by stipulation in the same manner as hearings, provided that the stipulation is received by the courtroom clerk in the assigned department by noon on the day before the date then scheduled for the status conference. Settlement conferences and trials may only be continued upon approval of the court assigned to conduct the conference or trial. The parties must use the Application and Order for Continuance of Status Conference, Settlement Conference, and/or Trial (Local Form ALA FL-055) form to make this request.

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Rule 5.40 adopted effective January 1, 2008. Rule 5.45. Conduct of status conferences and settlement conferences Unless otherwise ordered by the court, the following provisions apply to all status conferences and settlement conferences held in family law cases. (a) Status conferences

Four days prior to any status conference, each party must serve and file a description of the current status of the matter. The parties must use the Status Conference Questionnaire (Local Form ALA FL-041) form for this purpose. At the status conference, the court may set the matter for further status conference, for settlement conference and trial, or make such other orders the judge determines are appropriate.

(b) Settlement conference (voluntary and mandatory)

At least fifteen days before any settlement conference, all attorneys and all parties must conduct a face to face meeting to confer in good faith in an effort to settle all issues in the case. This meeting must be scheduled by counsel or self-represented parties at the time the settlement conference is set to assure that the meeting takes place in a timely manner. If a restraining order prohibits face to face contact between the parties, the parties may attend the meeting by telephone or in separate locations. At least ten days before any settlement conference, each party must provide the other party a written offer of sufficient specificity to be enforceable that, if accepted, would resolve all issues remaining in dispute; a copy of this offer must be brought to the settlement conference. At least five days before any settlement conference, each party must serve and file a settlement conference statement that must contain the information set forth below: (1) A summary of all contested and uncontested issues, including a

brief description of the terms of any stipulations, agreements, or settlements.

(2) A statement describing all efforts made by the parties prior to the

settlement conference to settle the remaining contested issues, including a summary of the face to face settlement meeting or a detailed statement indicating why the face to face meeting did not occur.

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(3) Statistical facts:

(a) Date of marriage or registration of domestic partnership; date of separation; length of marriage or partnership in years and months.

(b) Names and ages of minor children.

(c) Ages of parties.

(d) Disputed issues as to statistical facts.

(e) All material facts upon which a party relies regarding any

disputed issues as to statistical facts. (4) Child custody and visitation:

(a) Terms of existing custody and visitation orders and agreements.

(b) A detailed proposal for custody and visitation orders and all

material facts in support of the proposal.

(5) Child support:

(a) Terms of existing child support orders and agreements.

(b) Proposal for child support orders.

(c) All material facts in support of any special circumstances regarding income, expenses, ability to earn, or other facts relevant to child support.

(d) A DissoMaster or other approved printout setting forth all

proposed findings regarding child support. (6) Spousal support:

(a) Terms of existing spousal support orders.

(b) Proposal for spousal support orders.

(c) A full item-by-item analysis of all material facts as they relate to the factors set forth in Family Code section 4320.

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(d) A DissoMaster or other approved printout showing the tax consequences of the party’s proposed spousal support order.

(7) Contested assets:

(a) The date the asset was acquired.

(b) The manner in which title of the asset is currently vested

and, if different, was vested at time of acquisition.

(c) The character of the asset as community, separate, or quasi-community property, or a combination thereof.

(d) All material facts in support of the party’s characterization of

the asset.

(e) The current fair market value, the nature, extent, and terms of any encumbrances against the asset, and the current net equity in the asset.

(f) A complete statement setting forth the factual and legal

basis for apportionment or reimbursement, the formula for apportionment or reimbursement, and the calculated value of each party’s community and separate interests in the asset.

(8) Debts or obligations:

(a) A list of all debts or obligations of the parties that are claimed

to be community liabilities or separate liabilities of the parties with a description of all facts and legal authority that support the claim that each such debt or obligation is community or separate.

(b) For each such debt or obligation, the name of the creditor,

the balance due on the date of separation, the current balance due, and the nature, extent, and terms of any security for the debt.

(c) If there is a claim for reimbursement, the name of the

creditor, the total amount paid on the debt, and the date and source of each payment for which reimbursement is sought.

(d) A summary of existing orders regarding payment of debts or

obligations and reimbursement thereof.

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(9) Attorney’s fees, expert’s fees, and costs:

(a) A summary of existing orders.

(b) A list of all amounts paid by each party on account of the other party’s attorney’s fees, expert’s fees, and costs, and the balance due, if any.

(c) A list of all amounts paid by each party on account of his or

her own attorney’s fees, expert’s fees, and costs, and the balance due, if any.

(10) Documents, schedules, summaries, appraisals, and expert

reports:

(a) Copies of all appraisals and reports of experts that will or may be offered at trial.

(b) A list with a description and summary of the contents of all

documents, schedules, and summaries that will or may be offered at trial with copies attached if relevant to any significant contested issues.

(c) The name, business address, and telephone number of any

expert witness whom a party intends to call as a trial witness, with a brief statement setting forth the substance of the expert’s testimony.

(11) Other witnesses:

The name, address, and telephone number of any non-expert witness, other than the parties, whom a party intends to call as a trial witness, and a brief summary of the anticipated testimony of the witness.

(12) Points and authorities:

All points and authorities and legal argument upon which a party intends to rely must be set forth in the appropriate section of the settlement conference statement.

(13) Income and expense declaration:

A current Income and Expense Declaration on the appropriate Judicial Council form, with all required attachments, must be

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attached. A party may not rely on a previously filed Income and Expense Declaration.

(14) Schedule of Assets and Debts:

A current Schedule of Assets and Debts on the appropriate Judicial Council form, with all required attachments, must be attached. A party may not rely on a previously filed Schedule of Assets and Debts.

(15) Settlement proposals:

Each party must bring to the settlement conference a written offer that would settle all issues remaining in dispute. The parties may request that such written offers be held in confidence by the court.

(c) Consequences of noncompliance

In the discretion of the trial judge, the consequences of noncompliance with this rule may include imposition of any sanction or order authorized by law including, without limitation, restricting evidence, continuing the trial, excluding an exhibit, precluding the testimony of a witness, or imposing monetary sanctions.

Rule 5.45 amended effective July 1, 2009; adopted effective January 1, 2008. Rule 5.50. Conduct of trials Unless otherwise ordered, the local civil rules governing the conduct of trials will apply to any issue set for trial or for a hearing of longer than one hour. Rule 5.50 adopted effective January 1, 2008. Rule 5.60. Preparation of orders after hearing Unless otherwise ordered or provided by law, the moving party must prepare and submit the order. If both parties were moving parties, the party filing the earlier motion must prepare the order. Rule 5.60 adopted effective January 1, 2008. Rule 5.65. Attorney’s fees and expert's fees (a) Content of attorney's fee application

An application for an award of attorney’s fee must set forth the amounts

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received by the requesting party from the other party and the additional amount being requested. If the request exceeds $1,000, it must be supported by a declaration by the attorney or the party, setting forth the nature and extent of professional services rendered and the attorney's most recent statements of accounts to the party. Privileged matter may be redacted. If the request is for prospective fees, the attorney or party must set forth facts showing that the proposed future fees are reasonable.

(b) Expert's fee application

An application for an expert's fee must set forth the amount incurred for the services provided by the expert, the amount paid to the expert, the source of the payment and a balance due. If the request exceeds $1,000, it must be supported by a declaration by the expert who has rendered the services setting forth the nature and extent of the services rendered and the total fees incurred. If the request is for prospective fees, the declaration must set forth facts showing that the proposed future fees are reasonable.

Rule 5.65 amended and renumbered effective January 1, 2008; adopted as rule 11.0.8.C effective May 19, 1998; previously amended effective July 1, 1999, January 1, 2004, July 1, 2004, January 1, 2006, and January 1, 2007. Rule 5.70. Guideline for spousal or partner support The following discretionary guideline is adopted for temporary spousal support or partner support in marital and domestic partnership dissolution cases. (a) Non-child support cases

In cases where there is no child support, the guideline spousal or partner support is 40% of the net income of the payor or minus 50% of the net income of the payee.

(b) Child support cases

In cases where there is to be child support, the guideline spousal or partner support uses the components set forth in Family Code sections 4055 through 4069 in the following formula: SS = [HN-(HN) (M) (K) (1+H %)] [.35] -

[LN-(LN) (M) (K) (1+H %)] [.4] (If H% is greater than 50%, use 2-H% instead of 1+H%) (M = Fam. Code §4055(b)(4) child multiplier.)

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(c) Adjustment for tax consequences

In domestic partnership cases, the court will adjust the formula to account for tax treatment under state and federal laws if necessary.

Rule 5.70 amended and renumbered effective January 1, 2008; adopted as rule 11.2 effective May 19, 1998; Rule 5.72. Judgments involving child custody, child support, or spousal

support A judgment for child custody, child support, or spousal support must set forth all of its terms in full including those terms required by law. Judgments for child or spousal support must include the commencement and termination dates. Rule 5.72 adopted effective July 1, 2010. Rule 5.75. Mediation (a) Complaints regarding mediators

(1) A person having a complaint regarding the professional conduct of a mediator may make the complaint orally or in writing with the Child Custody Mediation Program Supervisor 20 days after discovering the conduct giving rise to the complaint. The program supervisor will review the matter, confer with the mediator, and resolve the complaint directly with the person making the complaint.

(2) If the person making the complaint is not satisfied with the

response of the Child Custody Mediation Program Supervisor, he or she may appeal the program supervisor’s action in writing to the Bureau Chief of the Families & Children’s Bureau within 30 days after receipt of the program supervisor’s response. The bureau chief will acknowledge receipt of the appeal to the person who made the complaint in writing. The bureau chief may refer the complaint to an internal committee for review and recommendation or respond to the appeal without such referral. The response of the bureau chief on appeal will be provided to the person making the complaint in writing.

(3) If the person making the complaint is not satisfied with the

response of the bureau chief, he or she may appeal in writing to the Court Executive Officer within 30 days of receiving the response from the bureau chief. The action of the Court Executive Officer on the appeal will be provided to the person making the complaint in writing and will be final.

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(b) Ex parte communications with mediators

There must be no ex parte communications between any court appointed child custody mediator and any attorney or party involved in the case except as provided in Family Code section 216. No attorney or party to the action may provide the mediator with documents about the case without first giving the other party, and minor’s counsel if any, a copy of the documents.

Rule 5.75 amended and renumbered effective January 1, 2008; adopted as rules 11.3.4 and 11.4.7 effective May 19, 1998; previously amended effective January 1, 2004, July 1, 2006, and January 1, 2007. Rule 5.80. Child custody evaluation (a) Challenge of the evaluator

No peremptory challenge of a child custody evaluator appointed by the court is permitted.

(b) Withdrawal by evaluator

An evaluator may make application to the court for an order permitting the evaluator to withdraw from a case by noticed motion and may submit an ex parte application for an order shortening time for the service and hearing of such a motion.

(c) Complaints about evaluator performance (1) For purposes of this process, "action" means the family law

proceeding wherein the evaluator was appointed by the court. (2) A party to the action, including a guardian ad litem, and any

counsel appointed to represent a minor may file a complaint about the performance of an evaluator.

(3) A party who wishes to complain about the performance of an evaluator must do so in writing and serve the original of the complaint on the evaluator no later than 20 days after the event giving rise to the complaint or within 20 days of receipt of the evaluator’s report, whichever is later.

(4) No later than ten court days after the receipt of a complaint, the

evaluator must serve the complainant with a written response to the complaint. Without conceding the accuracy of the contents of the complaint, an evaluator may ask the court to relieve him or her

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of the appointment and, if appropriate, appoint another evaluator.

(5) If the response served by the evaluator does not resolve the complaint, the complainant must serve a copy of the complaint and the response of the evaluator, if any, on the presiding judge for family law matters whose decision concerning the complaint, which may include removing the evaluator from the panel of child custody evaluators used by the court, will be final.

(d) Confidentiality of reports In any proceeding involving the custody or visitation of minor children, any written report or recommendation must be marked and kept confidential and unavailable to any person except the court, minor’s counsel, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties. No person who has gained access to this type of a confidential report may make copies of it or disclose its contents to any child or any other third party absent an order that provides for disclosure.

(e) Ex parte communications with evaluators

There must be no ex parte communications between the court appointed child custody evaluator and any attorney or party involved in the case except as provided in Family Code section 216. No attorney or party to the action may provide the evaluator with documents about the case without first giving the other party, and minor’s counsel if any, a copy of the documents. Nothing in this rule prohibits the evaluator from contacting any person the evaluator determines is necessary to consult in order to complete the report.

Rule 5.80 amended and renumbered effective January 1, 2008; adopted as rules 11.4 and 11.6 effective May 19, 1998; previously amended effective January 1, 2004, July 1, 2006, and January 1, 2007. Rule 5.82. Complaints regarding court-appointed counsel for a child In a family law proceeding in which the court has appointed counsel for a minor child or children, any party or counsel or minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing and served on all counsel and self-represented parties, and the original complaint must be delivered to the courtroom clerk for the presiding judge of family law with a copy delivered to the courtroom clerk of the assigned bench officer in the case. The presiding judge of family law may refer the complaint to the assigned bench officer or handle the matter directly and may do any or all of the following:

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(1) Respond to the complaint; (2) Request a written response or written comments; (3) Investigate the complaint; or, (4) Set a hearing on the complaint. A written response will be provided to the person presenting the complaint and all counsel and self-represented parties, with a copy sent to the assigned bench officer in the case. All material reviewed in connection with responding to the complaint shall be maintained by the court in accordance with the court's record retention policy. Rule 5.82 adopted effective July 1, 2010. Rule 5.85. Private mediation by stipulation A stipulation for appointment of a private recommending mediator may be made by submission of the Stipulation and Order Appointing Private Child Custody Recommending Mediator (Local Form ALA FL-002). Rule 5.85 adopted effective January 1, 2008. Rule 5.95. Title IV-D commissioners All Title IV-D cases will be heard in the Rene C. Davidson Courthouse Complex or the Hayward Hall of Justice. Cases originating in the Gale/Schenone Courthouse or in the Fremont Hall of Justice will be assigned to a commissioner sitting in the Hayward Hall of Justice for all purposes so long as the Department of Child Support Services is engaged in an enforcement action. Rule 5.95 amended and renumbered effective January 1, 2008; adopted as rule 11.10 effective May 19, 1998; previously amended effective January 1, 2004. Rule 5.100. Sanctions Any party or attorney who fails to comply with the provisions of this chapter or who fails to make a timely appearance at any hearing, conference, or trial, is subject to the imposition of sanctions against that party or attorney, including but not limited to summary determination of any contested issues in accordance with the other party's papers, the assessment of attorney's fees and costs, or the taking of appropriate calendar action. Rule 5.100 amended and renumbered effective January 1, 2008; adopted as rules 11.7 effective May 19, 1998.

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Division 2. Juvenile Rules

Chapter 1. General Provisions Rule 5.501. Division title The rules in this division may be referred to as the Local Juvenile Rules. Rule 5.501 adopted effective January 1, 2008. Rule 5.502. Juvenile court administration (a) Commissioner deemed juvenile court temporary judge Whenever a commissioner presides over a juvenile court hearing, that

commissioner, unless otherwise expressly specified and without further order of the court, shall act as a temporary judge with respect to any and all dependency actions, causes, or proceedings.

(b) Juvenile court committees

With the prior approval of the presiding judge, the presiding judge of the juvenile court may authorize and establish such informal committees related to juvenile court work and activities as the presiding judge deems appropriate.

Rule 5.502 amended effective January 1, 2011; adopted as rule 10.1.1 effective January 1, 2004; previously amended January 1, 2006, and January 1, 2007; previously amended and renumbered effective January 1, 2008. Rule 5.503. Filing reports (a) Time for filing Detention reports and uncontested jurisdictional hearing reports will be considered timely if filed on the day of such hearing. (b) Additional judge’s copy required for next-day hearings

Whenever any report, pleading, or other paper is filed in connection with a hearing scheduled for two or fewer days from the date of filing, the party must file the original and an additional judge’s copy of the document in the department where the matter is scheduled to be heard.

Rule 5.503 amended and renumbered effective January 1, 2008; adopted as rule 10.1.2 effective January 1, 2004.

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Rule 5.504. Calendaring and continuances (a) Setting matters No matter may be set for a certain date without the prior approval of the judge in the department. (b) Continuances

A request for continuance may be submitted on the local form adopted for that purpose, Application and Order to Change or Add a Juvenile Court Date (Local Form ALA JV-001). The matter is not continued unless the order granting a continuance is filed.

Rule 5.504 amended and renumbered effective January 1, 2008; adopted as rule 10.1.3 effective January 1, 2004; previously amended January 1, 2007. Rule 5.505. Required attendance at hearings All parties and attorneys must attend each scheduled hearing unless excused by the court. However, unless the court directs a party or attorney to appear, parties and attorneys are excused from attending placement reviews and dismissals. Rule 5.505 amended and renumbered effective January 1, 2008; adopted as rule 10.1.4 effective January 1, 2004. Rule 5.506. Discovery (a) Mandatory disclosure

All discoverable material specified in California Rules of Court, rule 5.546(d) must be disclosed to all parties, without the need for an informal request, no later than five court days before any contested hearing.

(b) Meet and confer required before discovery motion may be filed

Attorneys must meet and confer and attempt to resolve all discovery disputes informally. A party may file a discovery motion only after all informal means have been exhausted. Any noticed discovery motion shall state the relevancy of the information sought and the reasons the informal discussions have been unsuccessful in securing the information. The motion shall be served on all parties no less than five court days before the date set for hearing the discovery motion. The hearing date shall have been previously approved and reserved by the department where the matter is to be heard. Responsive papers shall be filed and served no less than two court days prior to the hearing.

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Rule 5.506 amended and renumbered effective January 1, 2008; adopted as rule 10.1.5 effective January 1, 2004; previously amended January 1, 2007. Rule 5.507. Ex parte requests for orders (a) Ex parte requests for orders other than orders for psychotropic

medications The following procedure must be followed in making any request for an order other than an order for psychotropic medications. (1) Before submitting a request for an ex parte order to the court for

consideration, the applicant must give prior notice of the request to all counsel, parties, child welfare workers, and probation officers. The Social Services Agency shall continue to use its standard ex parte forms. Notice shall be given at least 24 hours before the application is submitted to the court. The court may waive notice only upon a showing of good cause that is set forth by clear facts in a supporting declaration. An ex parte application lacking a statement explaining whether the parties were notified will be summarily denied.

(2) The request must include the following information:

(A) A description of the efforts made to obtain the consent of or to give notice to the parties, the parents or legal guardians of the minor, and their attorneys of record or a statement indicating the reasons why said consent or notice should not be required;

(B) An indication of whether the minor, the parents or legal

guardians of the minor, or their attorneys refused to agree to the proposal that is the subject of the ex parte request including the grounds for the person's refusal, if known; and

(C) A full disclosure of any prior requests and the court's action

thereon whenever a request for an ex parte order of the same character or for the same relief has been made to the court.

(3) All ex parte applications and proposed orders must be delivered

during regular business hours to the clerk’s office where the matter is pending. The clerk’s office will forward the matter to the appropriate judicial officer.

(4) The following ex parte requests will be determined by the presiding

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judge of the juvenile court:

(A) Termination of life support and do not resuscitate requests;

and (B) Requests for permission to perform surgical or other medical

procedures over the religious objections of the parents.

(5) An opposing party must present any written opposition to the court within 24 hours of receipt of notice of the ex parte application. Upon receipt of the ex parte application and any opposition, the court will render its decision on the application or set the matter for hearing. The applicant must serve notice of the court’s order on all parties. If the matter is set for hearing, the applicant must give notice of such hearing to all parties, unless ordered otherwise by the court. Any party disagreeing with the order may request that the matter be placed on calendar for further consideration.

(6) The following requests may be submitted without notice to other

parties:

(A) Orders for temporary removal of prisoners or wards and production as a party;

(B) Orders to preserve dispatch transmissions (“CAD purges”);

and (C) Orders for copies of booking photographs.

(b) Ex parte requests for orders for psychotropic medications

The following procedure must be followed in making any request for an order for psychotropic medications. (1) Ex parte requests for authority to administer psychotropic

medications will be decided in the department where the case is normally calendared.

(2) If the matter is set for hearing and the minor has already been

prescribed psychotropic drugs, the attending psychiatrist or physician may continue the administration of those drugs at his or her discretion. However, there shall be no increase in the previously authorized dosage without approval from the juvenile court.

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(3) Whenever a dependent child or ward of the court, or minor in

placement at Juvenile Hall or the Social Services Assessment Center, or other juvenile facility is moved to a new placement or to a facility pursuant to Welfare and Institutions Code section 5000 et seq., and the child is receiving prescribed medication, the medical or other supervisor at the new placement may continue to administer that medication under supervision of the medical staff or the child’s physician. No further order of the court is required and the child’s medication must not be abruptly discontinued for lack of such an order.

(4) All orders authorizing the administration of psychotropic drugs must

be submitted to the court for renewal no later than six months from the date of initial issuance, following the ex parte procedure described in this subsection.

(c) Ex parte requests for medical authorizations When a social worker or probation officer seeks permission to authorize a

specific course of medical treatment such as surgery, the request must be supported by a completed and legible Recommendation, Certification, and Order for Medical, Surgical, Dental or Other Remedial Care (Local Form ALA JV-002).

Rule 5.507 amended and renumbered effective January 1, 2008; adopted as rules 10.1.6, 10.1.7, and 10.1.8 effective January 1, 2004; previously amended January 1, 2007. Rule 5.508. Health assessments (a) When health assessments should occur

Juveniles confined in an Alameda County Probation Department detention facility, including any Probation Department Assessment Center, or retained in any Alameda County Social Services Agency shelter care facility, including any Social Services Agency Assessment Center, may undergo a health assessment at the first possible opportunity after the initial admission to the facility.

(b) Contents of health assessment

The health assessment, which may be conducted by the Alameda County Health Care Agency’s designee, should be comprehensive and may consist of the following components:

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(1) A complete history and physical examination.

(2) A mental health status evaluation. In the event that the juvenile needs an extensive mental health evaluation by a psychiatrist or psychologist, the attorney for the minor will be notified.

(3) A social and emotional development assessment. (4) A dental assessment. (5) Any clinical laboratory tests the physician determines are

necessary for the evaluation of the juvenile’s physical or mental health status.

(6) Any immunizations necessary to bring the juvenile’s immunization

status up to date following the guidelines of the American Academy of Pediatrics.

(7) An assessment of the appropriateness of continuing or

discontinuing the prescription of any medicines, including psychotropic medications, the minor may be taking.

(8) Evaluation and continuing care of acute or chronic medical

problems. (9) Authority to request or release medical records to appropriate

persons or organizations. (10) Any outside medical consultation deemed appropriate by Juvenile

Justice Health Services medical staff.

(c) Consent of parent or guardian to be sought at detention hearing

At the time of the detention hearing, an attempt should be made to obtain the consent of the parent or guardian for ongoing medical care while the juvenile is in a detention, shelter care, or residential treatment facility. In the event that parental consent cannot be obtained, the Social Services Agency or the Probation Department may authorize any licensed physician to provide any emergency or routine physical or mental health care that will protect the minor’s physical and mental health status.


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Rule 5.510. Court Appointed Special Advocates (CASA) (a) Use of the CASA program

The court utilizes the services of the CASA program. The court may appoint CASA to represent the best interests of the child in any dependency or delinquency action.

(b) Calendaring preference

Because advocates serve as volunteers, matters on which they appear will be granted priority on the court’s calendar whenever possible.

(c) Continuation of advocate’s appointment

In the event the court dismisses a dependency case and issues family court orders under Welfare and Institutions Code section 362.4, the advocate’s appointment may be continued in the family court proceeding, and the juvenile court order shall set forth the nature, extent, and duration of the advocate’s duties in the family court proceeding.

(d) Advocates’ reports

CASA may submit a report to the court for any of the following hearings: six-month review; twelve-month review; eighteen-month review; selection and implementation hearing; and post-permanency planning reviews. Any such report must be submitted at least two court days before the hearing. Only parties and their counsel are entitled to receive copies of CASA reports. Relatives, de facto parents, foster parents, and service providers are not entitled to receive copies of CASA reports. CASA reports will be copied and distributed by the CASA program office staff.

Rule 5.510 amended and renumbered effective January 1, 2008; adopted as rule 10.1.10 effective January 1, 2004; previously amended January 1, 2007. Rule 5.511. Interagency information sharing (a) Court and other agencies involved with minors

A number of court and other public agencies may be involved with a minor. These include the Social Services Agency’s Department of Children & Family Services (“DCFS”); the Adult Protective Services (“APS”); Juvenile Probation Department (“JPD”) Families and Children’s Bureau (“FCB”) mediators, facilitators, and case managers; evaluators; probate court investigators (“PCI”), and Court Appointed Special Advocates (“CASA”).

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(b) Information-sharing protocol

The following protocol applies to information sharing between and among the court, FCB, PCI, JPD, DCFS, CASA, and APS staff. Each agency staff person may orally disclose to each of the other respective agency staff, the following information: (1) Whether a child or his or her parents, guardians, or caretakers are

or have been the subject of a child abuse, neglect, probate, criminal, or delinquency investigation, the findings and status of that investigation, the recommendations made or anticipated to be made by the respective agency, the progress while under court supervision including compliance with court orders, and a copy of any court order in existence as well as probation conditions with respect to the child, parents, guardians, or caretakers.

(2) Any statement made by the child or the child’s parents, guardians,

or caretakers which might bear upon on the issue of the best interest of that child, or a sibling or half-sibling living with or visiting with that child, who is involved in a pending family or probate court matter. Any statement made by the child or the child’s parents, guardians, or caretakers which might bear upon the issue of the child’s dependency or delinquency or any disposition in the dependency or delinquency proceedings.

(3) FCB may include this information in the confidential portion of their

court reports and keep such information in their case files.

(4) The respective agencies may provide written documents to each other. The documents may include, but are not limited to, relevant portions of investigation notes, progress notes and summaries, and court reports containing information described above. However, child abuse and neglect reports described by Penal Code section 11167.5 (Suspected Child Abuse Report, Form #S-8572), information disclosing the identity of a reporting party, or court-ordered psychological evaluations will not be exchanged between the agencies absent a court order. Copies of DCFS, APS or JPD documents, used by FCB, or PCI shall not be attached to their respective court reports and shall not be made available to the public without a court order.

(5) FCB and PCI will designate an appropriate staff person to maintain

a current list of court mediators, facilitators, evaluators, and probate investigators, and periodically distribute this list to DCFS and JPD.

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(c) Modification of family court orders

When a new dependency petition has been filed involving an existing family court case, the parties by stipulation may allow the juvenile court to modify the existing family court orders, where modification of the existing custody and visitation orders may remove the risk that led to the filing of the juvenile dependency petition. The juvenile court may then, where appropriate, order dismissal of the dependency petition. The process is as follows: (1) The parties and their counsel may agree on the record that the

juvenile court bench officer may hear the matter as a family court judge. If an agreement is reached after or outside of a hearing, the parties and their counsel must execute their stipulation on the appropriate Judicial Council form and the juvenile court judge will attach a signed Family Court Stipulation and Order Dismissing Juvenile Court Case (Local Form ALA JV-004).

(2) The stipulation will be filed in the family court action and the

juvenile dependency petition will be dismissed without prejudice. Rule 5.511 amended and renumbered effective January 1, 2008; adopted as rule 10.1.11 effective January 1, 2004; previously amended January 1, 2007. Rule 5.512. Application for access to juvenile court records The provisions in this rule apply to persons and agencies not designated in Welfare and Institutions Code section 827. (a) Inspection and copying

The following persons and agencies may have access to juvenile court records and may obtain photocopies of records without a prior court order, subject to the conditions specified, if disclosure will be in the best interest of the child whose records are sought and the information contained in those records is necessary and relevant to a juvenile dependency or delinquency proceeding; a civil or criminal investigation or proceeding;

a proceeding involving child custody or visitation; a proceeding involving adoption, guardianship, or emancipation of a minor; a proceeding involving probate or conservatorship; or a proceeding involving domestic violence.

(1) County Counsel, for the purpose of representing the Social

Services Agency in a dependency case or civil action.

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(2) Alameda County Juvenile Probation Officers, when the child who is the subject of the records is also the subject of juvenile court proceedings under Welfare and Institutions Code sections 601 or 602.

(3) CASAs, as provided under Welfare and Institutions Code sections

105 and 107. (4) An Indian child’s tribe, as provided under Title 25, United States

Code chapter 21 [Indian Child Welfare Act]. (5) Employees or agents of Alameda County Superior Court Families

and Children’s Bureau. (6) Employees or agents of Alameda County Mental Health Services

agencies. (7) Any licensed psychiatrist, psychologist, or other mental health

professional ordered by a family court judge to examine or treat the child or the child’s family.

(8) Any hospital providing inpatient psychiatric treatment to the child,

for purposes of treatment or discharge planning. (9) The county Victim-Witness Assistance Program and the State

Board of Control Victims of Crime Program, for the purpose of providing services to a victim of or a witness to a crime.

(10) The Parole Services Division of the California Department of

Corrections. (11) The California Board of Parole Hearings, as provided under Penal

Code section 11167.5, subdivision (b)(9). (12) Investigators employed by attorneys who represent parties in

dependency proceedings, when seeking records that may be released to the attorney without a court order under Welfare and Institutions Code section 827.

(13) The Social Security Administration, for the purpose of determining a

child’s eligibility for benefits. (14) The Regional Center. (15) The county probation department, when performing its duty under

Penal Code section 1203.097 to certify treatment programs for

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domestic violence offenders, for purposes of documenting a treatment program’s failure to adhere to certification standards and identifying serious practice problems in such treatment programs, provided that in any proceeding for the suspension or revocation of a treatment provider’s certification or in any document related thereto, the department shall not disclose any child’s name.

(b) Procedure for making request

Persons seeking access to or photocopies of documents under this rule must complete a Declaration and Application for Access to Juvenile Court Records (Local Form ALA JV-003). The completed form will be kept in the file that is the subject of the Application For Access. If copies are requested, the requesting party shall pay the cost of any copying. The applicant must submit the completed form to the one of the juvenile court clerk’s offices.

(c) Inspection or oral information only

The following may inspect or receive oral or written information regarding the contents of juvenile court records without a prior court order, but must file a Petition for Disclosure of Juvenile Court Records (JV-570) to obtain photocopies, subject to the conditions specified, if disclosure will be in the best interest of the child whose records are sought and the information contained in those records is necessary and relevant to the proceeding or purpose for which the records are sought: (1) U.S. Department of Justice prosecutors or their agents. (2) U.S. military prosecutors or their agents. (3) Federal Bureau of Investigation agents. (4) California Attorney General’s Office prosecutors. (5) Any other agency or office authorized to investigate or prosecute

criminal or juvenile cases under state or federal law. (d) No disclosure

Persons or agencies obtaining records under this rule shall not disclose such records to another person or agency unless authorized to do so by the juvenile court.

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Rule 5.512 amended and renumbered effective January 1, 2008; adopted as rules 10.1.13, 10.1.14, and 10.1.15 effective January 1, 2004; previously amended January 1, 2007. Rule 5.514. Visitation before detention hearing (a) Visits before hearing

A child taken into temporary custody shall have supervised visitation with one or both parents or guardians before the detention hearing, unless the Child Welfare Worker has a reasonable belief that the child or the temporary caregiver would be endangered by such contact. The address of the child and the temporary caregiver may remain confidential notwithstanding this rule.

(b) Notation of absence of visits or telephone calls

If the child has not received regular phone contact or supervised visits with his or her parents or guardians, the Child Welfare Worker shall state the reasons therefore in the detention report.

Rule 5.514 amended and renumbered effective January 1, 2008; adopted as rule 10.2.5 effective January 1, 2004. Rule 5.520. Objections in the nature of a general demurrer to a petition (a) Motions to object to a petition

A motion to challenge the legal sufficiency of the petition may be made orally or in writing at the initial detention hearing or at the jurisdictional hearing. A party may object on the ground that the petition alleges facts that, even if determined to be true, either are not sufficient to state a cause of action, or are not stated with sufficient clarity and precision to enable the party to determine what must be defended. The court may entertain the objection by oral argument when made, or may set it for further hearing. No objection in the nature of a special demurrer to particular allegations shall lie to challenge only certain paragraphs under a particular subdivision of Welfare and Institutions Code section 300; a party must challenge all allegations, not selected ones.

(b) Hearings on motions

If the court sets a hearing on the objection, counsel for the moving party may file a supporting memorandum of points and authorities. The memorandum must be filed at least 48 hours before the hearing in the department where the hearing is scheduled. Petitioner may file a

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memorandum of points and authorities in opposition to the objection. The memorandum in opposition must be filed by 9 a.m. on the day of the hearing in the department where the matter is set for hearing. All memoranda of points and authorities, whether in support of or in opposition to the objection, must be served on all other counsel and the petitioner by personal service or by fax.

(c) Amendments to petition after objection filed

Petitioner may not amend the petition without leave of court once a written objection to the sufficiency of the petition has been raised.

(d) Entry of plea

When an objection to the sufficiency of a petition is overruled and no plea has been entered, the court will allow the plea to be entered at the conclusion of the hearing or upon such terms as may be just.

(e) Leave to amend

If the court sustains the objection to the sufficiency of a petition, the court may grant leave to amend the petition upon any terms as may be just and shall fix the time within which the amended petition shall be filed.

(f) Detention of minor During the time that the petition is being amended, the minor may continue to be detained if the court finds that a prima facie case for detention exists.

Rule 5.520 amended and renumbered effective January 1, 2008; adopted as rule 10.2.8 effective January 1, 2004. Rule 5.522. Uncontested jurisdiction hearing settings; use as settlement conference (a) Setting uncontested jurisdictional hearing

All cases in which the minor has been detained shall be set for an uncontested jurisdictional hearing within ten court days of the initial or detention hearing. In cases in which the minor has not been detained, the uncontested jurisdictional hearing shall be set within 20 calendar days of the initial or detention hearing.

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(b) Uncontested jurisdictional hearing as settlement conference

The uncontested jurisdictional hearing shall serve the same purposes as a settlement conference. Unless excused by the court or as otherwise provided in these rules, all parties and counsel are required to appear at the uncontested jurisdictional hearing. At the uncontested jurisdictional hearing the parties shall meet and confer and attempt to resolve the case or to narrow the issues to be addressed at any subsequent contested jurisdictional hearing.

Rule 5.522 amended and renumbered effective January 1, 2008; adopted as rule 10.2.9 effective January 1, 2004. Rule 5.530. Procedures governing CALICO videotapes The provisions of this rule apply to all videotapes produced by the Child Abuse Listening Interviewing and Coordination Center (“CALICO”).

(1) No individual copy of a CALICO videotape will be provided to any party or attorney involved in a dependency case.

(2) Counsel representing parties in dependency proceedings may view

the tape, by appointment, on the premises of the CALICO Center.

(3) Private parties may not come to the CALICO Center to view CALICO tapes.

(4) Upon issuance of a court order, the CALICO Center will provide a

copy of the tape to the court for viewing by the parties. At the conclusion of the viewing, the court will notify the CALICO Center and an employee of the center will retrieve the tape, unless the parties plan to introduce the tape into evidence at a hearing.

(5) If a CALICO tape is introduced into evidence, it shall remain in the

custody of the court. The court shall not permit any copying of the tape.

(6) Upon final disposition of the case, all but one copy of the CALICO

tape will be destroyed. The single remaining copy of the tape will be maintained at the CALICO Center for a period of not less than five years after the date it was made, after which time it may be subject to destruction upon court order.


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Rule 5.532. De facto parents The following provisions govern de facto parent applications, standing of de facto parents, and duration of status as a de facto parent. (a) Application for de facto parent status

De facto parent status will be granted by the court only upon written application on the mandatory Judicial Council form. Notice of such application will be given to the parties and their counsel of record by the clerk of the court. Any party who objects to the application shall file an opposition within ten court days from the date of mailing of notice. If an opposition is filed, the court will set the matter for hearing, and notice of the hearing will be given to all parties and their attorneys by the courtroom clerk. If no opposition is received, the court may grant, deny, or set the matter for hearing. At the hearing on such application, the court shall consider the contents of the dependency file, any report filed by the social worker or the CASA advocate for the child, and any other relevant and admissible evidence presented by the parties. The court may consider the declarations filed in support of or in opposition to such application if the declarants are made available for cross-examination. Before granting de facto parent status, the court shall find, by a preponderance of the evidence, that the moving party meets the criteria set forth in this rule. An application for de facto parent status shall not, in itself, constitute good cause for continuing any other hearing in the dependency action.

(b) Standing of a de facto parent

If the court grants the application for de facto parent status, the de facto parent shall have standing as a party to the proceedings to the degree that the proceedings directly affect the de facto parent’s legally recognizable interests in the child.

(c) Representation of de facto parent

A de facto parent may be represented by counsel at his or her own expense. A de facto parent shall not be entitled to appointed counsel unless the court finds that the de facto parent is financially eligible for appointed counsel and appointment of counsel would substantially benefit the resolution of issues before the court. No right to appointment of counsel shall exist for the purpose of making the application for de facto parent status.

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(d) Discovery orders

Upon granting de facto parent status, the court may make such discovery orders as are necessary and appropriate.

(e) Duration of status as de facto parent

De facto parent status shall continue only so long as the psychological bond continues to exist between the de facto parent and the child. De facto parent status automatically terminates upon the termination of dependency jurisdiction or upon order of the court.

Rule 5.532 amended and renumbered effective January 1, 2008; adopted as rule 10.2.11 effective January 1, 2004; previously amended January 1, 2006. Rule 5.533. Dependency mediation (a) Mediation required

All appropriate cases will be referred to mediation through the Dependency Mediation Program of the Juvenile Court prior to a contested hearing. Parties must fully cooperate with the mediator throughout the process.

(b) Confidentiality of mediation

Mediation conferences are confidential and any disclosures made in mediation are inadmissible in Juvenile Court proceedings with the exception of mandated reporting pursuant to Penal Code section 11166. It is the responsibility of attorneys to advise their clients of the limitations on mediation confidentiality.

(c) Report by mediator

The mediator must advise the court as to whether mediation occurred and what, if any, agreement was reached.

(d) Court order required The court must approve agreements reached in mediation in order to be

enforceable. Rule 5.533 amended and renumbered effective January 1, 2008; adopted as rule 10.2.13 effective January 1, 2004.

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Rule 5.534. Standing referral to dependency mediation in anticipation of dismissal

(a) Contact with Dependency Mediation Program approved upon

stipulation

Whenever it is anticipated that a dependency action may be dismissed at an upcoming hearing, a parent, a parent’s attorney, and/or the assigned Child Welfare Worker may directly contact the Dependency Mediation Program, prior to the date of any hearing at which dismissal will be recommended, to arrange mediation regarding proposed custody and visitation orders, provided that all interested parties stipulate to such mediation.

(b) Protocols for mediation

The Dependency Mediation Program will distribute to the court, the Social Services Agency, Children & Family Services, the Public Defender, County Counsel, and the Court Appointed Attorneys Program protocols for the mediations contemplated by this rule.

Rule 5.534 amended and renumbered effective January 1, 2008; adopted as rule 10.2.14 effective January 1, 2004. Rule 5.535. Standing referral to dependency mediation for family matters (a) Contact with Dependency Mediation Program approved upon

stipulation

A parent, a parent’s attorney, or the assigned Child Welfare Worker may directly contact the Dependency Mediation Program to arrange mediation of issues related to visitation, communication, house rules, and other “family matters” during the interval between dependency status review hearings, provided that all interested parties stipulate to such mediation.

(b) Protocols for mediation

The Dependency Mediation Program shall distribute to the court, the Social Services Agency, Children and Family Services, the Public Defender, County Counsel, and the Court Appointed Attorneys Program protocols for the mediations contemplated by this local rule.


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Rule 5.536. Attorney competency requirements (a) General standard for attorneys in juvenile proceedings

All court-appointed attorneys appearing in juvenile proceedings must be members in good standing of the State Bar of California and must meet the minimum standards of competency set forth in the following subsections of this rule.

(b) Minimum standard for client communications

Attorneys representing children and parents in dependency cases must make all reasonable efforts to meet face-to-face or by telephone with their clients at least once during each six-month review period. A conference with the client at a scheduled court appearance shall not count as the required minimum meeting.

(c) Minimum standards of education and training for appointment as a

dependency attorney Each court-appointed attorney shall complete one of the following

minimum training and educational requirements:

(1) At least eight hours of training or education in juvenile dependency law, which must include applicable case law and statutes, rules of evidence, state and local rules of court, Judicial Council forms, motions, trial techniques and skills, writs and appeals, child development, child abuse and neglect, substance abuse, domestic violence, family reunification and preservation, reasonable efforts, the educational rights of children, the Uniform Child Custody Jurisdiction and Enforcement Act, the Interstate Compact on the Placement of Children, and the Indian Child Welfare Act; or

(2) At least six months of experience in dependency proceedings in

which the attorney has had primary responsibility for representation of his or her clients in such proceedings, and has demonstrated competency in representing his or her clients. To qualify for certification under this subparagraph the attorney must have made at least five appearances on behalf of parties and handled a variety of dependency hearings including contested hearings. In determining whether the attorney has demonstrated competency, the court shall consider, among other things, whether the attorney’s performance has demonstrated knowledge of the topics referred to in subsection (c)(1) of this rule.

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(d) Continuing education requirement (1) Time for submitting report regarding continuing education

Each court-appointed attorney, on or before January 31st of the same year in which the attorney must certify his or her continuing education credits to the State Bar of California, must submit to the court a statement certifying that the attorney has completed 18 hours of continuing dependency education or training in the prior three years.

(2) Content of continuing education

At least one-half of the attorney’s continuing training or education hours must be in the areas set forth in subdivision (c)(1) of this rule. The remaining hours may be in other areas related to juvenile dependency practice, including the following: (A) Ethics; (B) Domestic violence; (C) Use of psychological experts, including direct and cross-

examination; (D) Trial skills; (E) Rules of evidence; (F) Training programs that include information on child

development, substance abuse, mental health issues, incarcerated parents, and related matters;

(G) The child witness; (H) Training specifically related to dependency practice such as

reasonable efforts, .26 hearings, and similar issues; (I) Mental health issues; (J) Health care; (K) Immigration; (L) Adoptions and guardianships;

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(M) Parentage; (N) The Parental Kidnapping Prevention Act; (O) State and federal public assistance programs; (P) Client interviewing and counseling techniques; (Q) Case investigation; (R) Settlement negotiations and mediation; and (S) Programs that provide information on community resources.

(3) Providers or sources for education and training

Some of the required hours may be acquired through attendance at brown-bag lunches, lecture series, or training programs offered by the court, including the juvenile court, family court, and other court-related or court-sponsored entities. Some of the required hours may also be acquired through self-study.

(4) Failure to meet requirements

The court may suspend or remove an attorney from the panel of court-appointed attorneys or take other actions it considers appropriate for any of the following: (A) Failure to meet minimum education and training standards; (B) Failure to meet required continuing education standards; or (C) Consistent or repeated failure to provide adequate,

professional and civil representation of dependency clients. Rule 5.536 amended and renumbered effective January 1, 2008; adopted as rules 10.2.16, 10.2.17, and 10.2.18 effective January 1, 2004. Rule 5.537. Motions to be relieved as counsel for a parent (a) Timing of motion

If a parent is not present at a review hearing, counsel for parents must advise the court of all efforts made to communicate with the client prior to the hearing. If counsel has not communicated with the client since the last review hearing or it otherwise appears to counsel that such parent does

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not wish to have continued representation, counsel must notify the client that counsel will seek to be relieved as counsel at the next scheduled review hearing.

(b) Notice of motion

Counsel must notice the motion for the next regularly scheduled review hearing. The notice of motion must be served by first class mail sent to the parent’s last known address, not more than 30 nor less than 15 calendar days prior to such scheduled review hearing.

(c) Hearing on motion

At the review hearing at which the motion to be relieved as counsel is set to be heard, counsel shall appear and, at the beginning of the hearing, shall seek the court’s ruling on the motion to be relieved as counsel. If the motion is granted, counsel may be excused from further participation in that review hearing.

(d) Service of order

Counsel shall serve an endorsed-filed copy of the order granting counsel’s motion to be relieved as counsel on his or her former client and on the Court Appointed Attorney’s Program.

Rule 5.537 amended and renumbered effective January 1, 2008; adopted as rule 10.2.19 effective January 1, 2004. Rule 5.540. Procedure for complaints concerning dependency attorneys The provisions of this rule apply to complaints concerning an attorney who has been appointed to represent a child or a parent under the court’s dependency contracts. Such an attorney is referred to as an appointed dependency attorney in this rule. (a) Lodging a complaint

Any party who has a complaint about the performance of an appointed dependency attorney may lodge a written complaint with the judge hearing the matter. In the case of a complaint concerning the performance of an attorney appointed to represent a minor, the complaint may be lodged by the child or on the child’s behalf by the social worker, a caretaker, a relative, a foster parent, or a child advocate.

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(b) Notification of attorney

Within ten days of receipt of the written complaint, the court will notify the attorney in writing, enclosing a copy of the complaint. The judge will also inform the client in writing that the complaint has been received and that the attorney will be contacting the client to discuss resolution of the complaint. In addition, the judge will notify the Public Defender’s Office if the complaint involves the performance of a deputy public defender, or the Alameda County Bar Association’s Court Appointed Attorney’s Program if the complaint involves the performance of a court appointed panel attorney.

(c) Contact by attorney required

Within ten days of the court’s notification, the attorney shall contact the complainant and attempt to obtain an informal resolution of the matter with the client before responding to the complaint. If the matter is resolved, the attorney shall notify the judge in writing within 20 days of the judge’s notification, and shall send a copy of such notice to the client.

(d) Procedure if complaint not resolved informally

If the matter is not resolved informally, the judge will request the attorney to move to withdraw or to submit a written response to the client’s complaint within five days and thereafter determine whether the attorney acted contrary to the local rules or practice guidelines or whether the attorney acted incompetently. If the judge determines the attorney acted improperly or incompetently, the judge may reprove the attorney privately or on the record in chambers or otherwise outside the presence of others and may take any other action that the judge deems appropriate.

Rule 5.540 amended and renumbered effective January 1, 2008; adopted as rule 10.2.21 effective January 1, 2004. Rule 5.541. Informing the court of other interests of a dependent child (a) Counsel’s duty to investigate

Counsel for the minor shall make an independent investigation as reasonably necessary to ascertain the facts and to determine any interests of the minor beyond the scope of the juvenile proceeding which may need judicial protection pursuant to Welfare and Institutions Code section 317, subdivision (e). If the child is four years of age or older, such investigation shall include an interview with the minor.

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(b) Notification by other interested parties

At any time while a dependency proceeding is pending, any interested person may notify the court that the child who is the subject of the proceeding may have an interest or right which needs to be protected or pursued in another judicial or administrative forum.

(c) Form for notice

Notice to the court may be given by the filing of a Request to Change Court Order (JV-180), by filing a declaration, or, in the case of an individual who is not a party to the action, by sending a signed letter addressed to the court.

(d) Description of minor’s interest

The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, the nature of the proceedings being contemplated or conducted there, and any case number or other identifying information regarding the proceeding.

(e) Other information to be included

If known to the person giving notice, the notice shall also set forth what action on the child’s behalf the person believes is necessary, whether counsel on a pro bono or contingency basis may be necessary or appropriate to take action on behalf of the child in the other forum, whether the nomination of a guardian ad litem to initiate or pursue a proposed action may be appropriate, whether joinder of an administrative agency to the juvenile court proceedings may be appropriate or necessary to protect or pursue the child’s interest, and whether further investigation may be necessary.

(f) Service of the notice

A copy of the notice must be served on the child’s social worker and on the child’s attorney and CASA, if any, before the notice is filed with the court. Such service may be effected by personal service, first-class mail, or the equivalent, and shall be indicated on a proof of service filed with the notice. If separate counsel does not represent the child, the notice shall so state. In the case of an individual who is not a party to the action who files a letter with the court, the clerk of the court shall serve a copy of the letter on the child’s social worker and on the child’s attorney and on the CASA, if any.

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(g) Hearing on the notice

The court may set a hearing on the notice if the court deems it necessary in order to determine the nature of the child’s right or interest and whether steps need to be taken to protect or pursue that right or interest in another forum.

(h) Court orders

If the court determines that further action on behalf of the child is required, the court may do one or more of the following: (1) If the child is unrepresented, appoint an attorney for the child in the

dependency proceedings and direct that such attorney investigate the matter and report back to the court under Welfare and Institutions Code section 317, subdivision (e).

(2) Authorize an attorney to pursue the matter on the child’s behalf in

the other forum on a pro bono or contingency basis. (3) Nominate a guardian ad litem for the child for appointment by the

other forum for the purposes of initiating or pursuing appropriate action on behalf of the child in that forum.

(4) Notice a joinder hearing compelling a responsible agency to report

to the court as to whether it has fulfilled its legal obligation to provide services to the child.

(5) Make such other orders the court may deem necessary or

appropriate to protect the welfare, interests, and rights of the child. (i) Use of court or county funds

Neither court nor county funds will be used to fund legal or other services in another forum outside the juvenile dependency proceedings.

Rule 5.541 amended and renumbered effective January 1, 2008; adopted as rule 10.2.22 effective January 1, 2004. Rule 5.542. Authorization for foster parents to approve school activities Foster parents may give consent for foster youth to participate in school-sponsored activities, including but not limited to field trips and athletic events, without the prior permission of the Alameda County Social Services Agency or the court.

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Rule 5.542 adopted effective January 1, 2008. Rule 5.543. Travel with foster parents and group homes (a) Travel within California

With prior approval from the Social Services Agency, foster parents and group homes may travel with any child who is the subject of a dependency or delinquency petition, to any place within California during day and evening hours, including overnight trips within the state of up to 30 consecutive days, without prior written permission of the court, provided that, when overnight trips of three or more consecutive nights are planned, the Child Welfare Worker or probation officer, at least three calendar days before such overnight trips, notifies all attorneys of record and all parents whose parental rights have not been terminated, of the dates of such overnight trips.

(b) Travel outside California Foster parents and group homes may not travel outside California with

any child who is the subject of a dependency or delinquency petition, unless the foster parent or group home has obtained the prior permission of the Social Services Agency and the court and the Child Welfare Worker or probation officer has given notice of the dates of such trip to all attorneys of record and all parents whose parental rights have not been terminated at least five days prior to departure.

Rule 5.543 amended and renumbered effective January 1, 2008; adopted as rule 10.2.23 effective January 1, 2004. Rule 5.544. Disclosure of medical information to foster parents and other

care providers Upon discharge of an infant who is a dependent of the court or who is on a "hospital hold" under Welfare and Institutions Code section 309, subdivision (b), or section 16525.14, and the release of such infant is to a foster parent under the Welfare and Institutions Code or other care provider as permitted by law, the health care provider discharging the infant may provide to the foster parent or other care provider a written summary of the infant’s medical history, diagnosis, and treatment, if necessary for the proper treatment of the infant after discharge. Such information is confidential, and shall be disclosed only to such others who need to know the information in order to provide proper treatment or care of the minor. Rule 5.544 amended and renumbered effective January 1, 2008; adopted as rule 10.2.5 effective January 1, 2004.

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Rule 5.545. Disclosure of education and medical information to social

workers and children’s attorneys In any case where a child is under the dependency jurisdiction of the court or is under informal supervision, the social worker assigned to the child’s case and the attorney representing the child in dependency proceedings may receive, upon request, copies of any written individualized education programs, immunization records, and any other school or health records maintained by a public school district or private school in which the child is or was enrolled; a hospital to which the child is or was admitted; or a health care provider who is or was providing medical, dental, psychiatric, or psychological treatment to the child. Rule 5.545 amended and renumbered effective January 1, 2008; adopted as rule 10.2.25 effective January 1, 2004. Rule 5.546. Welfare and Institutions Code section 388 petitions (a) Location for filing

Welfare and Institutions Code section 388 petitions must be filed with the clerk’s office where the next hearing is scheduled to occur. If there is no future hearing, the petition must be filed with the clerk’s office where the presiding judge of the juvenile court is located or as otherwise directed by that clerk’s office.

(b) Contents of petition

The petition must include the department in which the next scheduled court hearing is calendared and the date of the hearing. The petition must be accompanied by a proof of service showing that a copy of the petition has been served on all parties and attorneys, including the Social Services Agency and County Counsel.

(c) Action on petition

The clerk will direct the petition to the department in which the next scheduled court date in the matter is calendared. If no date is calendared, the petition will be sent to the presiding judge of the juvenile court. Within five calendar days of receipt of the petition for a hearing, the court will either grant or deny the petition and will immediately notify the parties and counsel, including the Social Services Agency and County Counsel, of its decision.

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(d) Hearing on a petition

(1) If the court grants a hearing on the petition, the hearing shall be calendared within 30 days after the petition is filed, or the next scheduled court date, whichever occurs first. All hearings shall occur in the department where the case is pending. The courtroom clerk will send notices of the hearing to all parties and counsel, including the Social Services Agency and County Counsel, at least ten court days prior to the hearing.

(2) If there is no previously calendared court date, the presiding judge

of the juvenile court will calendar the hearing for a date that will allow ten court days notice to all parties and counsel, unless the presiding judge determines it is in the best interests of the minor to hear the matter on shorter notice. The presiding judge’s clerk will send notice of such hearing to all parties and counsel, including the Social Services Agency and County Counsel.

Rule 5.546 amended and renumbered effective January 1, 2008; adopted as rule 10.2.26 effective January 1, 2004; previously amended January 1, 2007. Rule 5.547. Appearances on behalf of the Social Services Agency (a) Appearance at dependency hearings At each dependency hearing, one of the following individuals must appear

on behalf of the Social Services Agency: a court officer, the Child Welfare Worker, or an attorney with the County Counsel’s office.

(b) Appearance at contested hearings or hearings to terminate parental

rights

In addition to any other agency representative, the Social Services Agency must appear through an attorney with the County Counsel’s office at a contested hearing and at a hearing to terminate parental rights.

Rule 5.547 amended and renumbered effective January 1, 2008; adopted as rule 10.2.27 effective January 1, 2004. Rule 5.551. Pretrial hearings Pretrial hearings are set five court days after the detention hearing for minors who have been ordered held in custody. For those out of custody, the date is set at least ten court days from the date of filing of the petition.

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Rule 5.551 amended and renumbered effective January 1, 2008; adopted as rule 10.3.2 effective January 1, 2004. Rule 5.553. Calendaring cases involving placement failures and run-aways When possible in compliance with applicable deadlines, all camp and private placement failures and run-aways will be set in the department of the judge that made the original placement order. Rule 5.553 amended and renumbered effective January 1, 2008; adopted as rule 10.3.4 effective January 1, 2004. Rule 5.555. Designation of statutory basis for declaring a section 707(b)

offense The Probation Department must designate the specific subdivision of Welfare and Institutions Code section 707 it relies on in all reports to the court in which it is necessary to advise the court whether a section 707(b) offense is involved, including, but not limited to, Intake/Jurisdictional Reports and Disposition reports. Rule 5.555 amended and renumbered effective January 1, 2008; adopted as rule 10.3.6 effective January 1, 2004. Rule 5.557. Notice to dependency attorney of section 241.1 reports Where a dependent is the subject of a delinquency petition, the report required by Welfare and Institutions Code section 241.1 must contain evidence of notice to the child’s dependency attorney as well as other parties to the dependency action. Rule 5.557 adopted effective January 1, 2008.

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Title 6. [Reserved]

Adopted effective January 1, 2008.


Title 7. Probate Rules Rule 7.1. Title The rules in this title may be referred to as the Local Probate Rules Rule 7.1 adopted effective January 1, 2008.


Rule 7.5. Special settings An ex parte application must be submitted to the court to add any matter on a calendar that is full. Only emergency situations will be considered for such special placement. Rule 7.5 amended and renumbered effective January 1, 2008; adopted as rule 12.1.1.2 effective May 19, 1998. Rule 7.10. “Pre-grant” procedures (a) Definition of “pre-grant”

A “pre-grant” is a tentative grant of a petition before the scheduled hearing.

(b) Review before hearing

Matters appearing on the calendar will be reviewed and may be designated as a “pre-grant”.

(c) Qualification for “pre-grant” status

To qualify for “pre-grant” status, all supporting documents and a proposed order must be submitted at least two days before the scheduled hearing.

(d) Procedure for “pre-grants”

If a matter is designated as a “pre-grant”, the petitioner or moving party is not required to appear at the scheduled hearing. If an objection is filed before the hearing, or one is made at the hearing, the court may grant a continuance to allow a written objection to be filed and served.

Rule 7.10 amended and renumbered effective January 1, 2008; adopted as rule 12.1.5 effective May 19, 1998; previously amended July 1, 1999 and January 1, 2004.

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Rule 7.20. Use of alternative dispute resolution processes encouraged The court finds that it is in the best interests of all parties that they participate in alternatives to traditional litigation, such as arbitration, mediation, neutral evaluation, and voluntary settlement conferences. Therefore, the court may refer cases to an appropriate form of alternative dispute resolution (ADR) before they are set for trial, unless there is good cause to dispense with an alternative dispute resolution process. Rule 7.20 adopted effective January 1, 2011. Rule 7.30. Rules for alternative dispute resolution processes other than judicial arbitration. (a) Selection of provider. The parties may choose any ADR provider they wish, whether or not that provider is on the list described in the following section of these rules. (b) Good faith participation is required. All parties to an alternative dispute resolution process must participate in the process in good faith. (c) Personal appearance required. In conducting a session, the ADR provider should require the attendance of persons with full authority to resolve the dispute. The provider should only permit telephone appearances if good cause to waive personal appearance was shown in a timely manner prior to the session. (d) Cost of the alternative dispute resolution process. Unless the ADR provider's fees and expenses have been ordered by the court, the parties and the provider must agree on the fees and expenses. The fees and expenses of the provider will be borne by the parties equally, unless they agree otherwise. Rule 7.30 adopted effective January 1, 2011. Rule 7.40. Alternative dispute resolution provider list. The court maintains a list of alternative dispute resolution providers to assist parties and counsel in obtaining access to experienced and affordable alternative dispute resolution services. The list includes providers in the areas of mediation, neutral case evaluation, private arbitration, and judicial arbitration. The list, including names, qualifications, services provided and fees charged, will be posted on the court's website and will be available in the office of the ADR program administrator. Rule 7.40 adopted effective January 1, 2011.

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Rule 7.50. ADR Administration Committee and complaint procedure The provisions of Local Rules 3.740 (The ADR Administration Committee) 3.750 (Complaint procedure) and 3.760 (Inquiries and complaints) are applicable. Rule 7.50 adopted effective January 1, 2011.


Chapter 3. Pleadings Rule 7.150. Copy of will and codicil A copy of each will and codicil must be attached to the petition for probate. In addition, a typewritten copy of each holographic document must be attached. Rule 7.150 amended and renumbered effective January 1, 2008; adopted as rule 12.2.2.4 effective May 19, 1998.

Chapters 4 through 9. [Reserved]

Chapter 10. Sales of Real and Personal Property in Decedent’s Estates

Rule 7.300. Reappraisals (a) When reappraisal is required

When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale must be filed with the court before the confirmation hearing can proceed.

(b) Responsibility for performing reappraisal

Reappraisals must be made by the probate referee unless the court has waived appointment of the referee.

(c) Contents

The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property:

(1) The appraised value as of the date of death.

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(2) The appraised value as of the date of the appraisal. Rule 7.300 amended and renumbered effective January 1, 2008; adopted as rule 12.8.1 effective May 19, 1998. Rule 7.310. Cash deposit on bids for real property Bids for the purchase of real property must be accompanied by a minimum of ten percent of the amount bid. When an overbid is made in court, the bidder must submit cash, money order, or certified check at the time of the hearing in the amount of ten percent of the minimum overbid. Rule 7.310 amended and renumbered effective January 1, 2008; adopted as rule 12.8.4 effective May 19, 1998. Rule 7.320. Disclosure of extraordinary costs (a) Disclosure of extraordinary costs in petition

The petition must include a full disclosure of all extraordinary costs that the estate will incur as a result of the sale. Such costs include, but are not limited to, termite and other repairs, lender's "points”, loan fees, and nonrecurring closing costs. The exact amounts required or the maximum that the estate will be required to pay must be disclosed in the petition and included in the order.

(b) Deduction of extraordinary costs

Extraordinary costs will be deducted from the gross bid, and the resulting amount will be used for the following purposes:

(1) To determine if the sale is within ninety percent of the appraised value;

(2) To determine the base number against which overbids are made; and

(3) To determine the real estate broker's commission. (c) Contents of petition

The amounts described in the preceding subdivision must be set forth in an attachment to the petition.

Rule 7.320 amended and renumbered effective January 1, 2008; adopted as rule 12.8.7 effective May 19, 1998.

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Rule 7.330. Notice of confirmation hearing In addition to complying with the requirements for notice that are contained in Probate Code section 10308, subdivision (c), notice of the hearing for confirmation of a sale of real property must be mailed at least 15 days prior to the hearing date to all heirs and beneficiaries who may have an interest in the subject real property. Rule 7.330 amended and renumbered effective January 1, 2008; adopted as rule 12.8.8 effective May 19, 1998. Rule 7.340. Appearance by bidders Any potential bidders and their representatives must appear at the time the petition for confirmation of sale is heard. Rule 7.340 amended and renumbered effective January 1, 2008; adopted as rule 12.8.9 effective May 19, 1998. Rule 7.350. Sale of specifically devised or bequeathed property On the sale of any property that was specifically devised or bequeathed, the petitioner must either serve notice of the time and place of the hearing on the petition to confirm the sale to the specific devisee or legatee or the consent of the devisee or legatee to such sale must be filed with the court. Rule 7.350 amended and renumbered effective January 1, 2008; adopted as rule 12.8.12 effective May 19, 1998. Rule 7.360. Sale of securities (a) Verified petition required for authorization to sell securities

A verified petition for authorization of sale of stocks, bonds or other securities described in Probate Code section 10200 must contain an allegation regarding any request for special notice and compliance with such request and one or more of the following:

(1) A statement as to necessity for sale, giving the reasons the sale is necessary, for instance for payment of taxes, expenses of administration, or existence of an indivisible number of shares. (2) The consent or request of heirs. (3) If the securities are specifically bequeathed, the petition must so state and the written consent of the legatee must be filed.

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(4) An allegation that a power of sale is conferred by the will. (b) Sale of unlisted securities

If securities to be sold are not listed on an established stock or bond exchange, they may be sold at a minimum price per share or bond, based on a recent market quotation, as set forth in the petition. The market quotation may be obtained from financial publications or from securities brokers. If such securities are closely held, or there are no recent market quotations available, the petition should set forth the basis for fixing the minimum sales price, for example by reference to the Inventory and Appraisal value.



Chapter 12. Accounts and Reports of Executors and Administrators Rule 7.380. Notation of omitted schedules Where a particular schedule is unnecessary, it need not be included and that fact must be noted in the Summary of Account with the word "none" in the blank provided for the total from the schedule. Rule 7.380 amended and renumbered effective January 1, 2008; adopted as rule 12.9.1.2 effective May 19, 1998; previously amended July 1, 1999. Rule 7.390. Contents of account The account and report must contain the following material: (1) The beginning and ending dates of the account. (2) A detailed description of all receipts and all disbursements of the fiduciary. (3) An explanation either in the account or in the report accompanying the

account for any item that is not self-explanatory. (4) Receipts indicating the date of receipt, the source of the payment, and the

amount. Each receipt from a source that pays more frequently than once a year must be described; a lump sum amount is not permissible.

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(5) A description of all disbursements indicating the date of the expenditure and the nature of the expense, its purpose, and the amount.

Rule 7.390 amended and renumbered effective January 1, 2008; adopted as rule 12.9.1.3 effective May 19, 1998; previously amended July 1, 1999.

Chapters 13 [Reserved]

Chapter 14. Preliminary and Final Distributions Rule 7.400. Form of decrees A decree of distribution must be drawn so that the full extent of the decree may be determined without reference to the petition on which it is based or to other documents, such as the decedent's will. If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference. Rule 7.400 moved to Chapter 14 effective July 1, 2008; adopted as rule 12.11.7 effective May 19, 1998; previously amended July 1, 1999; previously amended, renumbered, and placed under Chapter 15 effective January 1, 2008.

Chapter 15. Compensation of Personal Representatives and Attorneys Rule 7.410. Extraordinary compensation when statutory compensation

exceeds $20,000 Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceed the amounts of rules 7.420 or 7.430 below, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided. Rule 7.410 reenacted and renumbered effective July 1, 2008; adopted as rule 12.10.6.2 effective May 19, 1998; previously amended January 1, 2004; repealed effective January 1, 2008. Rule 7.420. Extraordinary compensation for sales of real property The court will customarily award the following amounts as extraordinary compensation for attorneys without further supporting declaration:

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(1) One thousand dollars for court-confirmed sales of real property; and, (2) Seven hundred fifty dollars for non court-confirmed sales of real property

under the Independent Administration of Estates Act. Rule 7.420 reenacted and renumbered effective July 1, 2008; adopted as rule 12.10.7 effective May 19, 1998; repealed effective January 1, 2008. Rule 7.430. Extraordinary compensation for preparation of tax returns The court will customarily award $1,500 as extraordinary compensation for attorneys or personal representatives for the preparation of both federal and California estate tax returns without requiring a supporting declaration. Rule 7.430 reenacted and renumbered effective July 1, 2008; adopted as rule 12.10.8.1 effective May 19, 1998; repealed effective January 1, 2008.

Chapters 16 through 18. [Reserved]

Chapter 19. Trusts

Rule 7.500. Requirements for trustee’s accounts Accounts filed by trustees must conform to the requirements in rule 7.390. Rule 7.500 amended and renumbered effective January 1, 2008; adopted as rule 12.16.1.1 effective May 19, 1998. Rule 7.510. Contents of first account The first account filed must clearly reconcile the amount first chargeable with the decree of distribution of the estate from which the property was received. Rule 7.510 amended and renumbered effective January 1, 2008; adopted as rule 12.16.1.2 effective May 19, 1998. Rule 7.520. Description of principal and income Receipts and disbursements must be allocated between principal receipts and disbursements and income receipts and disbursements. Rule 7.520 amended and renumbered effective January 1, 2008; adopted as rule 12.16.2 effective May 19, 1998.

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Rule 7.530. Frequency for filing accounts Trustees must file accounts at least every two years. The fact that an account covers more than a two-year period of time will not constitute grounds for deviation from any of the normal requirements of an account. Rule 7.530 amended and renumbered effective January 1, 2008; adopted as rule 12.16.5 effective May 19, 1998; previously amended effective July 1, 1999. Rule 7.540. Service on beneficiaries when power sought is not conferred When the trustee seeks instructions to exercise a power not conferred by the will, a copy of the petition must be served by mail on all beneficiaries. Rule 7.540 amended and renumbered effective January 1, 2008; adopted as rule 12.16.7 effective May 19, 1998; previously amended effective July 1, 1999. Rule 7.550. Bond for trustee Trustees appointed by the court are subject to the same rules as personal representatives pertaining to the posting of bond. Rule 7.550 amended and renumbered effective January 1, 2008; adopted as rule 12.16.9.1 effective May 19, 1998; previously amended July 1, 1999 and January 1, 2002.


Chapter 21. Guardianships

Rule 7.710. Notice to parties in related actions Notice of the petition to appoint a guardian must be given to persons not otherwise entitled to notice who are parties to any other proceeding to appoint a guardian for the minor if such proceedings are known to the petitioner at the time of filing. Rule 7.710 amended and renumbered effective January 1, 2008; adopted as rule 12.14.1.3 effective May 19, 1998; previously amended July 1, 1999, January 1, 2002, July 1, 2002, and January 1, 2004.

7 - 9


Rule 7.720. Appearance of proposed guardian and minor The proposed guardian and the proposed ward, if he or she is 12 years old or older, must attend the hearing to establish a guardianship of a minor unless the court excuses the appearance of the proposed ward for good cause. The court may require the appearance of a proposed ward who is under 12 if the court determines it is in the proposed ward’s best interest to attend the hearing. Rule 7.720 amended and renumbered effective January 1, 2008; adopted as rule 12.14.1.11 effective May 19, 1998; previously amended July 1, 1999, January 1, 2002, July 1, 2002, and January 1, 2004. Rule 7.730. Waiver of court investigator fee No court investigator fee will be imposed in any case in which a fee waiver has been approved by the court. Rule 7.730 amended and renumbered effective January 1, 2008; adopted as rule 12.14.3.5 effective May 19, 1998; previously amended July 1, 1999, January 1, 2004. Rule 7.740. Notice of hearings on petitions for temporary guardianship (a) Notice of hearings on petitions for temporary guardianships

If the court determines that a hearing on the petition for a temporary guardianship is necessary, the court will send notice to the attorney and petitioner. The attorney or the petitioner must serve a copy of the notice on those required to receive notice and file proof of service with the court.

(b) Notice of hearing following grant of ex parte application for

temporary guardianship

If the request for a temporary guardianship is granted following review of an ex parte application and a hearing on the permanent guardianship is more than 30 days away, a hearing to reconsider the temporary guardianship will be set by the court and notice provided to the attorney or the petitioner. The attorney or the petitioner must serve a copy of the notice on those required to receive notice and file proof of service with the court.

Rule 7.740 amended and renumbered effective January 1, 2008; adopted as rule 12.14.4.1 effective May 19, 1998; previously amended July 1, 1999, January 1, 2004.

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Rule 7.750. Inventory and appraisal required An inventory must be filed in all cases where there is a guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code section 2628. When assets are not in the possession of the guardian, the inventory must state who has possession of the assets. Rule 7.750 amended and renumbered effective January 1, 2008; adopted as rule 12.14.7.1 effective May 19, 1998. Rule 7.760. Contents of inventories in no or cash-only asset cases (a) No asset or cash-only asset estates

When there are no assets or the assets are entirely cash, the inventory need not be submitted to a referee for appraisement. However, it must be filed with the court.

(b) Public benefit estates

If the ward receives Veterans, Social Security, Temporary Aid to Needy Families, or other periodic benefits, the inventory must indicate the amount received each month and the date when payments commenced.

Rule 7.760 amended and renumbered effective January 1, 2008; adopted as rules 12.14.7.3 and 12.14.7.4 effective May 19, 1998. Rule 7.780. Accounts in guardianship proceedings (a) Frequency of accounts

(1) Guardianship accounts must be filed after the first anniversary of the establishment of the guardianship and biennially thereafter. The account must be filed within 60 days after the anniversary date.

(2) Successor guardians must file an accounting one-year after the

successor appointment date and biennially thereafter. (b) Presence of ward necessary if final account waived

The court ordinarily will not approve a ward's waiver of the final account unless the ward is present at the time of hearing and competent to answer questions by the court.

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(c) Reports accompanying accounts

In addition to the contents required by Probate Code section 1064, the report accompanying an account must contain the following:

(1) A statement of the age, health, and the present address of the

ward; (2) If income-producing property is inventoried in the guardianship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report; (3) Whether any real property has been rented or leased to any court

employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or the processing of any documents related to a guardian;

(4) Whether any personal property has been sold at a private sale, rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or any processing of any documents related to a guardian; (5) Whether the guardian, in exercising his or her duties, has hired or referred any business to an entity in which he or she has a financial interest as defined in Probate Code section 2351, subdivision (d) or Probate Code section 2401, subdivision (c); and (6) Whether the guardian has sold, leased, or rented any real or

personal property to any person with whom the guardian has a family or affiliate relationship as defined in Probate Code section 2359, subdivision (c)(2) and Probate Code section 2403, subdivision (c)(2).

Rule 7.780 amended and renumbered effective January 1, 2008; adopted as rule 12.14.8 effective May 19, 1998; previously amended July 1, 1999, January 1, 2002, July 1, 2002, and January 1, 2004. Rule 7.790. Requirements if use of estate is sought to support ward (a) Disclosure of benefits

If the minor’s parent or parents are deceased, the guardian must disclose whether the minor is receiving Social Security or other survivor benefits, the amount of the benefits, why the benefits are inadequate to support the

7 - 12


minor and why it is in the best interests of the minor to use the estate for the minor’s care and support.

(b) Explanation of parent’s inability to support ward

The petition for authority to expend funds for support must contain a detailed explanation, including financial statements, of the parent's inability to support the child. If the petition does not contain the required detailed statement, the parent or guardian must be present at the hearing to give testimony.

(c) Requirement for request for compensation

The petition for compensation must be accompanied by a declaration setting forth the hours spent, the services performed by the guardian and the attorney, and the hourly rate of each person providing those services.

Rule 7.790 amended and renumbered effective January 1, 2008; adopted as rule 12.14.9 effective May 19, 1998; previously amended January 1, 2004.

Chapter 22. Conservatorships Rule 7.800. Hearing on the petition for appointment Upon filing of a petition for appointment of a conservator, the clerk will set the matter for hearing and issue a citation. If service of the citation is incomplete on the return date, it cannot be perfected by continuance and completion of service except by issuance of an amended citation. In such circumstances the original citation must be filed showing no service. Service of a citation will not ordinarily be waived. Rule 7.800 amended and renumbered effective January 1, 2008; adopted as rule 12.15.1.2 effective May 19, 1998; previously amended January 1, 2004. Rule 7.810. General plan Within 90 days of appointment by the court, the conservator must file a general plan for the care, custody, and control of the conservatee, which must include a plan for meeting the financial needs of the conservatee, and serve it on the conservatee, any attorney for the conservatee, the Court Investigator’s Office, and any person requesting special notice. Rule 7.810 reenacted and renumbered effective July 1, 2008; adopted as rule 12.15.7 effective May 19, 1998; previously amended July 1, 1999; repealed effective January 1, 2008.

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Rule 7.820. Appointment of legal counsel for conservatees and proposed conservatees

(1) The court will appoint the Alameda County Public Defender as legal

counsel if the conservatee or proposed conservatee is developmentally disabled or indigent.

(2) The court will appoint Legal Assistance for Seniors as legal counsel if the

conservatee or proposed conservatee is neither developmentally disabled nor indigent.

(3) When a conservatee or proposed conservatee has independently retained

legal counsel then the representation is subject to court approval. Rule 7.820 reenacted and renumbered effective July 1, 2008; adopted as rule 12.15.17 effective May 19, 1998; previously amended January 1, 2002; repealed effective January 1, 2008. Rule 7.830. Payment of court investigator fees The following provisions govern payment of court investigator fees. (a) Time for paying assessments

Court investigator assessments for reports must be paid before the hearing on the general plan. All other assessments must be paid before approval of the next accounting. The Court Investigator’s Office will bill the estate or, where applicable, any trust of which the conservatee is a beneficiary.

(b) Conservator required to provide address

The conservator must provide the Court Investigator's Office with the current address of the trustee of any trust of which the conservatee is a beneficiary.

Rule 7.830 amended and renumbered effective January 1, 2008; adopted as rule 12.15.3.6 effective May 19, 1998; previously amended July 1, 1999, January 1, 2004. Rule 7.840. Disclosure of benefits received If the conservatee receives Veterans, Social Security, Temporary Aid to Needy Families, or other periodic benefits, the inventory must indicate the amount each month and the date when payments commenced.

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Rule 7.840 amended and renumbered effective January 1, 2008; adopted as rule 12.15.7.6 effective May 19, 1998; previously amended July 1, 1999. Rule 7.860. Reports accompanying accounts In addition to the contents required by Probate Code section 1064, the report accompanying an account must contain the following: (1) The present address of the conservatee;

(2) If income-producing property is inventoried in the conservatorship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report;

(3) Whether any real property has been rented or leased to any court

employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator;

(4) Whether any personal property has been sold at a private sale, rented or

leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or any processing of any documents related to a conservator;

(5) Whether the conservator, in exercising his or her duties, has hired or

referred any business to an entity in which he or she has a financial interest as defined in Probate Code section 2351, subdivision (d) or Probate Code section 2401, subdivision (c); and

(6) Whether the conservator has sold, leased, or rented any real or personal

property to any person with whom the conservator has a family or affiliate relationship as defined in Probate Code section 2359, subdivision (c)(2) and Probate Code section 2403, subdivision (c)(2).

Rule 7.860 amended and renumbered effective January 1, 2008; adopted as rules 12.15.8.1 and 12.15.8.3 effective May 19, 1998; previously amended January 1, 2002 and July 1, 2002. Rule 7.870. Status report required The conservator must submit a status report in all conservatorship matters of the person or person and estate at the time and in the form directed by the Court Investigator’s Office.

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Rule 7.870 amended and renumbered effective January 1, 2008; adopted as rule 12.15.8.4 effective May 19, 1998; previously amended January 1, 2002 and July 1, 2002. Rule 7.880. Bond required The court will not waive bond for an individual conservator of a conservatorship estate. Rule 7.880 amended and renumbered effective January 1, 2008; adopted as rule 12.15.11.1 effective May 19, 1998. Rule 7.895. Additional contents for petitions filed by private professional

conservators (a) Registration information required

Any petition to appoint a conservator filed by a private professional conservator must include his or her Alameda County and State of California registration numbers and the date he or she registered. No petition by a private professional conservator will be heard unless he or she is currently registered with both the county and the state. Proof of compliance with the statewide registry must be submitted to the Court Investigator’s Office. Any private professional conservator must comply with all California state licensing requirements before he or she can be appointed in Alameda County.

(b) Disclosure of other proceedings required

The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Alameda County or any other jurisdiction, where orders have been issued or are sought to be issued which in any way affect the ward or conservatee that is the subject of the proceedings in Alameda County.


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8 - 1

Title 8. Appellate Division Rules


Rule 8.1. Title

The rules in this title may be referred to as the Appellate Division Rules.


Rule 8.10. Application

The Appellate Division Rules apply to all appeals filed in the appellate division of thecourt, unless otherwise provided in these rules or by rule in the California Rules of Courtor by order in a particular case.


Rule 8.100. Dismissal upon failure to file opening brief

When the time for filing briefs in any matter in which the appellate division hasjurisdiction has expired either pursuant to the California Rules of Court or as extendedby court order and no opening brief has been filed, the court will send a Notice ofImpending Dismissal and, if there is no response to the notice, enter a dismissal withouthearing.


Rule 8.120. Briefs

When filing any original brief, all parties and any amicus curiae must provide twoadditional copies of the brief to the clerk.

Rule 8.120 amended and renumbered effective January 1, 2008; adopted as rule 13.1effective May 19, 1998; previously amended effective July 1, 1999 and January 1, 2007.

Rule 8.140. Motions

All motions, including ex parte applications for orders, must be presented to thepresiding judge of the appellate division. The presiding judge may rule on the motion ormay schedule a motion for hearing before the panel at his or her discretion.

Rule 8.140 amended and renumbered effective January 1, 2008; adopted as rule 13.3effective May 19, 1998; previously amended effective July 1, 1999.


8 - 2

Rule 8.150. Court reporter

The regular sessions of the appellate division will not be reported unless a partyrequests a court reporter at least one week prior to the date set for hearing.

Rule 8.150 amended and renumbered effective January 1, 2008; adopted as rule 13.4effective May 19, 1998; previously amended effective July 1, 1999.


Subject Matter Index

Subject Rule PageAccounts in guardianship proceedings 7.780 7-11

Additional contents for petitions filed by private professional conservators

7.895

7-16

Adoptions of uniform bail schedules 4.110 4-2 ADR Administration Committee and complaint procedure 7.50 7-3 Alternative dispute resolution provider list 3.720 3-26 Alternative dispute resolution provider list 7.40 7-2 Appearance by bidders 7.340 7-5 Appearance of proposed guardian and minor 7.720 7-10 Appearances on behalf of the Social Services Agency 5.547 5-41 Application (All Civil Cases) 3.10 3-1 Application (Criminal and Traffic) 4.10 4-1 Application (Appellate) 8.10 8-1 Application for access to juvenile court records 5.512 5-23

Application of this chapter 3.110 3-9

Applications for stays of execution or other extraordinary relief 3.650 3-24 Appointment of legal counsel for conservatees and proposed conservatees

7.820

7-14

Assignment of cases 3.120 3-9

Assignment of complex, asbestos and silica cases 3.260 3-13

Attorney’s fees and expert’s fees 5.65 5-9

Attorney competency requirements 5.536 5-32

Authorization for foster parents to approve school activities 5.542 5-38

Bond required 7.880 7-16

Bond for trustee 7.550 7-9

Briefing schedule and length of memoranda 3.340 3-21

Briefs 8.120 8-1

Calendaring and continuances 5.504 5-16

Calendaring cases involving placement failures and run-aways 5.553 5-42 Cases involving the California Environmental Quality Act 3.300 3-17 Case management 3.170 3-12 Case management for asbestos and silica cases 3.290 3-15 Cash deposit on bids for real property 7.310 7-4

Index - 1


Subject Rule PageChild custody evaluation 5.80 5-12 Child visitation by a nonprofessional supervisor 5.20 5-1

Citation and effect of rules 1.1 1-1

Complaints regarding court-appointed counsel for a child 5.82 5-13

Composition of jury panels 1.10 1-4 Conduct of status conferences and settlement conferences 5.45 5-5

Conduct of trials 5.50 5-9

Construction and application of rules 1.2 1-1

Contents of account 7.390 7-6

Contents of first account 7.510 7-8

Contents of inventories in no or cash-only asset cases 7.760 7-11

Continuances 4.330 4-4 Copy of will and codicil 7.150 7-3

Court Appointed Special Advocates (CASA) 5.510 5-21

Court reporter 8.150 8-2

Court reporter fees 3.95 3-8

Declaration of notice on ex part application 5.15 5-1

De facto parents 5.532 5-29

Default matters 3.60 3-7 Defendant’s personal appearance required at trial 4.335 4-4

Definitions 1.5 1-1

Dependency mediation 5.533 5-30

Description of principal and income 7.520 7-8

Designation of civil cases 3.20 3-1

Designation of assigned judge in subsequent documents 3.140 3-11

Designation of statutory basis for declaring a 707(b) offense 5.555 5-42

Determination of a case as a complex case or an asbestos or silica case

3.250

3-12

Disclosure of benefits received 7.840 7-14 Disclosure of extraordinary costs in petition 7.320 7-4

Index - 2


Subject Rule PageDisclosure of education and medical information to social workers and children’s attorneys

5.545

5-40

Disclosure of medical information to foster parents and other care providers

5.544

5-39

Discovery 5.506 5-16

Dismissal upon failure to file opening brief 8.100 8-1

Disputes regarding the contents of the administrative record 3.335 3-21

Division Title (Family) 5.5 5-1 Division Title (Juvenile) 5.501 5-15 Effective date of these rules 1.3 1-1

Ex parte requests for orders 5.507 5-17

Extraordinary compensation for preparation of tax returns 7.430 7-8

Extraordinary compensation for sales of real property 7.420 7-7

Extraordinary compensation when statutory compensation exceeds $20,000

7.410

7-7

Facsimile filing 1.8 1-3 Failure to comply with these rules 1.13 1-10 Failure to comply with these rules 3.90 3-8 Filing of documents in civil, family, and probate matters 1.9 1-4 Filing reports 5.503 5-15 Format of the administrative record 3.330 3-20 Form of decrees 7.400 7-7 Frequency for filing accounts 7.530 7-9 General plan 7.810 7-13 Complaint procedure 3.750 3-27 Guideline for spousal or partner support 5.70 5-10 Health assessments 5.508 5-19 Hearing on the petition for appointment 7.800 7-13 Informing the court of other interests of a dependent child 5.541 5-36 Inquiries and complaints 3.760 3-27 Interagency information sharing 5.511 5-21 Inventory and appraisal required 7.750 7-11 Invitation to mediation 3.310 3-18

Judges’ vacation day 1.6 1-2

Index - 3


Subject Rule PageJudgments involving child custody, child support, or spousal support 5.72 5-11

Juvenile court administration 5.502 5-15 Law and motion 3.30 3-3 Mediation 5.75 5-11 Motion to re-open case adjudicated by bail forfeiture 4.340 4-4 Motions 8.140 8-1 Motions and hearings 5.30 5-3

Motions to be relieved as counsel for a parent 5.537 5-34

Notation of omitted schedules 7.380 7-6

Notice of assignment 3.130 3-9

Notice of death 3.26 3-2

Notice of confirmation hearing 7.330 7-5

Notice of hearings on petitions for temporary guardianship 7.740 7-10

Notice that defendant has vacated premises and redesignation of case

3.630

3-24

Notice to dependency attorney of section 241.1 reports 5.557 5-42

Notice to parties in related actions 7.710 7-9

Objections in the nature of a general demurrer to a petition 5.520 5-26

Office of the Family Law Facilitator 5.10 5-1 Organization 4.100 4-1

Other petitions for administrative or ordinary mandamus [Reserved]

3.400

3-23

Payment of court investigator fees 7.830 7-14

Petitions to compel arbitration or to confirm an arbitration award [Reserved]

3.500

3-23

Policy against bias 2.0 1-10

“Pre-grant” procedures 7.10 7-1

Preparation of orders after hearing 5.60 5-9

Preparation of the administrative record 3.320 3-18

Pretrial hearings 5.551 5-41

Pretrial motions 8.3 8-2

Index - 4


Subject Rule PagePrivate mediation by stipulation 5.85 5-14

Procedure for complaints concerning dependency attorneys 5.540 5-35

Procedures governing CALICO videotapes 5.530 5-28

Protocol regarding inter-court communication of domestic violence restraining orders 1.11 1-5

Reappraisals 7.300 7-3

Recovery of costs and attorney fees when judgment for amount within small claims court jurisdiction

3.70

3-7

Reports accompanying accounts 7.860 7-15 Request for trial date 3.620 3-23

Requests to continue status and settlement conferences and trials

5.40

5-4

Requests to set settlement conferences and trial dates 5.25 5-2

Required attendance at hearings 5.505 5-16

Requirement for finding reasonable diligence for substituted service

3.50

3-7

Requirements for trustee’s accounts 7.500 7-8

Requirements if use of estate is sought to support ward 7.790 7-12

Return of exhibits 3.97 3-8

Rules for alternative dispute resolustion processes other than judicial arbitation

3.710

3-25

Sale of specifically devised or bequeathed property 7.350 7-5 Sale of securities 7.360 7-5

Sanctions 5.100 5-14

Sealing of search warrants involving juveniles 8.4 8-3

Service of notices 3.135 3-10

Service requirements in asbestos and silica cases 3.280 3-14

Service on beneficiaries when power sought is not conferred 7.540 7-9

Settlement meeting 3.350 3-22

Special circumstances cases 4.120 4-2

Special settings 7.5 7-1

Index - 5


Subject Rule PageStandard interrogatories in asbestos and silica cases 3.285 3-15

Standing pretrial orders 3.35 3-3

Standing referral to dependency mediation in anticipation of dismissal

5.534

5-31

Standing referral to dependency mediation for family matters 5.535 5-31

Statement of issues 3.370 3-22

Status conference 3.640 3-24

Status or case management conference 3.25 3-2

Status report required 7.870 7-15

Stipulated continuance of hearing (non-trial) 5.35 5-4

The ADR administration committee 3.740 3-26

Title (All Civil Cases) 3.1 3-1

Title (Civil Direct Calendar) 3.100 3-9

Title (Criminal and Traffic) 4.1 4-1

Title (Family and Juvenile) 5.1 5-1

Title (Probate) 7.1 7-1

Title (Appellate) 8.1 8-1

Title IV-D commissioners 5.95 5-14

Transfer to county seat 4.300 4-2

Travel with foster parents and group home 5.543 5-39

Trial by declaration 4.310 4-3

Trial by declaration in absentia 4.320 4-3

Trial notebook 3.380 3-22

Unavailability of assigned judge 3.160 3-11

Uncontested jurisdiction hearing settings; use as settlement conference

5.522

5-27

Undertakings 3.610 3-23

Unlawful detainers 3.600 3-23

Index - 6


Subject Rule Page

Use of alternative dispute resolution processes encouraged 3.700 3-25

Visitation before detention hearing 5.514 5-26

Waiver of court investigator fee 7.730 7-10

Welfare and Institutions Code section 388 petitions 5.546 5-40

Withdrawal of time waiver 4.130 4-2

Index - 7


Title Chapter Rule No. Rule Title Effective Date Amended Effective Date

1 1 - Title I: General and Administrative Rules - -

1 1 1.1 Citation and effect of rules May 19, 1998 July 1, 2007

1 1 1.2 Construction and application of rules May 19, 1998 July 1, 2007

1 1 1.3 Effective date of these rules May 19, 1998 July 1, 2007

1 1 1.4 Forms [Reserved] July 1, 2007 -

1 1 1.5 Definitions May 19, 1998 July 1, 2007

1 1 1.6 Judges’ vacation day August 1, 2000 July 1, 2007

1 1 1.7 [Reserved] May 19, 1998 July 1, 2008

1 1 1.8 Facsimile filing May 19, 1998 January 1, 2009

1 1 1.9 Filing of documents in civil, family, and probate matters January 1, 2004 July 1, 2008

1 1 1.10 Composition of jury panels July 1, 1999 January 1, 2011

1 1 1.11 Protocol regarding inter-court communication of domestic violence restraining orders July 1, 2005 July 1, 2007

1 1 1.12 Forms [Reserved] July 1, 2007 -

1 1 1.13 Failure to comply with these rules May 19, 1998 July 1, 2007

1 2 - Policies - -

1 2 2.0 Policy against bias May 19, 1998 January 1, 2008

2 - - [Reserved] January 1, 2008 -

3 - - Title 3: Civil Cases - -

3 1 - Rules Applicable to All Civil Cases - -

LED-1


LED-2

Title Chapter Rule No. Rule Title Effective Date Amended

Effective Date 3 1 3.1 Title July 1, 2007 -

3 1 3.10 Application July 1, 2007 -

3 1 3.20 Designation of civil cases July 1, 2007 -

3 1 3.25 Status or case management conference July 1, 2007 -

3 1 3.26 Notice of death January 1, 2009 -

3 1 3.30 Law and motion July 1, 2007 January 1, 2010

3 1 3.35 Standing pretrial orders May 19, 1998 July 1, 2007

3 1 3.50 Requirement for finding reasonable diligence for substituted service January 1, 2008 January 1, 2010

3 1 3.60 Default matters May 19, 1998 July 1, 2007

3 1 3.70 Recovery of costs and attorney fees when judgment is for amount within small claims court jurisdiction May 19, 1998 July 1, 2007

3 1 3.90 Failure to comply with these rules May 19, 1998 January 1, 2008

3 1 3.95 Court reporter fees May 19, 1998 July 1, 2007

3 1 3.97 Return of exhibits May 19, 1998 July 1, 2007

3 2 - Limited and Unlimited Civil Cases - -

3 2 3.100 Title July 1, 2007 -

3 2 3.110 Application of this chapter July 1, 2007 -

3 2 3.120 Assignment of cases July 1, 2007 -

3 2 3.130 Notice of assignment July 1, 2007 -

3 2 3.135 Service of notices July 1, 2007 July 1, 2008


Amended Title Chapter Rule No. Rule Title

Effective DateEffective Date

3 2 3.140 Designation of assigned judge in subsequent documents July 1, 2007 -

3 2 3.150 [Reserved] July 1, 2007 July 1, 2008

3 2 3.160 Unavailability of assigned judge July 1, 2007 -

3 2 3.170 Case management May 18, 1998 July 1, 2007

3 3 - Complex, Asbestos, and Silica Cases - -

3 3 3.250 Determination of a case as a complex case or an asbestos or silica case August 1, 2000 January 1, 2009

3 3 3.260 Assignment of complex, asbestos, and silica cases August 1, 2000 January 1, 2009

3 3 3.280 Service requirements in asbestos and silica cases May 19, 1998 July 1, 2007

3 3 3.285 Standard interrogatories in asbestos and silica cases May 19, 1998 July 1, 2007

3 3 3.290 Case management for asbestos and silica cases May 19, 1998 July 1, 2007

3 4 - Other Special Civil Case Types - -

3 4 3.300 Cases involving the California Environmental Quality Act July 1, 1999 July 1, 2007

3 4 3.310 Invitation to mediation July 1, 1999 July 1, 2007

3 4 3.320 Preparation of the administrative record July 1, 1999 July 1, 2007

3 4 3.330 Format of the administrative record July 1, 1999 July 1, 2007

3 4 3.335 Disputes regarding the contents of the administrative record July 1, 1999 July 1, 2007

3 4 3.340 Briefing schedule and length of memoranda July 1, 1999 July 1, 2007

3 4 3.350 Settlement meeting July 1, 1999 July 1, 2007

3 4 3.370 Statement of issues July 1, 1999 July 1, 2007

LED-3


Effective DateTitle Chapter Rule No. Rule Title Amended

Effective Date

3 4 3.380 Trial notebook July 1, 1999 July 1, 2007

3 4 3.400 Other petitions for administrative or ordinary mandamus [Reserved]

July 1, 2007 -

3 4 3.500 Petitions to compel arbitration or to confirm an arbitration award [Reserved] July 1, 2007 -

3 4 3.600 Unlawful detainers May 19, 1998 July 1, 2007

3 4 3.610 Undertakings May 19, 1998 July 1, 2008

3 4 3.620 Request for trial date May 19, 1998 July 1, 2007

3 4 3.630 Notice that defendant has vacated premises and redesignation of case July 1, 2007 -

3 4 3.640 Status conference May 19, 1998 July 1, 2007

3 4 3.650 Applications for stays of execution or other extraordinary relief May 19, 1998 July 1, 2007

3 5 - Alternative Dispute Resolution - -

3 5 3.700 Use of alternative dispute resolution processes encouraged July 1, 2007 -

3 5 3.710 Rules for alternative dispute resolution processes other than judicial arbitration May 19, 1998 July 1, 2007

3 5 3.720 Alternative dispute resolution provider list May 19, 1998 July 1, 2007

3 5 3.740 The ADR Administration Committee May 19, 1998 July 1, 2007

3 5 3.750 Complaint procedure May 19, 1998 January 1, 2010

3 5 3.760 Inquiries and complaints January 1, 2010 -

4 - - Criminal and Traffic Rules - -

LED-4



4 1 - General Provisions - -

4 1 4.1 Title January 1, 2008 -

4 1 4.10 Continuances January 1, 2008 -

4 2 - Criminal Rules - -

4 2 4.100 Organization August 1, 2000 January 1, 2008

4 2 4.110 Adoption of uniform bail schedules January 1, 2007 January 1, 2008

4 2 4.120 Special circumstances cases August 1, 2000 January 1, 2008

4 2 4.130 Withdrawal of time waiver July 1, 2009

4 3 - [Reserved] - - 4 4 - Traffic Rules - -

4 4 4.300 Motions for transfer to county seat May 19, 1998 January 1, 2008

4 4 4.310 Trial by declaration January 1, 2008 -

4 4 4.320 Trial by declaration in absentia January 1, 2008 July 1, 2009

4 4 4.330 Continuances January 1, 2008 -

4 4 4.335 Defendant’s personal appearance required at trial January 1, 2011 -

4 4 4.340 Motion to re-open case adjudicated by bail forfeiture January 1, 2008 -

5 - - Family and Juvenile Rules - -

5 - 5.1 Title January 1, 2008 -

5 Division 1 - Family Rules - -


5 1 5.5

LED-5 Division Title January 1, 2008


Title Chapter Rule No. Rule Title Effective DateAmended

Effective Date 5 1 5.10 Office of the Family Law Facilitator May 19, 1998 January 1, 2008

5 1 5.15 Declaration of notice on ex parte application May 19, 1998 January 1, 2009

5 1 5.20 Child visitation by a nonprofessional supervisor January 1, 2008 January 1, 2009

5 1 5.25 Requests to set settlement conferences and trial dates May 19, 1998 January 1, 2008

5 1 5.30 Motions and hearings January 1, 2008 -

5 1 5.35 Stipulated continuance of hearing (non-trial) January 1, 2008 -

5 1 5.40 Requests to continue status and settlement conferences and trials January 1, 2008 -

5 1 5.45 Conduct of status conferences and settlement conferences January 1, 2008 July 1, 2009

5 1 5.50 Conduct of trials January 1, 2008 -

5 1 5.60 Preparation of order after hearing January 1, 2008 -

5 1 5.65 Attorney’s fees and expert’s fees May 19, 1998 January 1, 2008

5 1 5.70 Guideline for spousal support or partner support May 19, 1998 January 1, 2008

5 1 5.72 Judgments involving child custody, child support, or spousal support July 1, 2010 -

5 1 5.75 Mediation May 19, 1998 January 1, 2008

5 1 5.80 Child custody evaluation May 19, 1998 January 1, 2008

5 1 5.82 Complaints regarding court-appointed counsel for a child July 1, 2010 -

5 1 5.85 Private mediation by stipulation January 1, 2008 -

5 1 5.95 Title IV-D commissioners May 19, 1998 January 1, 2008

5 1 5.100 Sanctions May 19, 1998 January 1, 2008

LED-6


Title Chapter Rule No. Rule Title Effective DateAmended

Effective Date 5 Division 2 - Juvenile Rules - -


5 1 5.501 Division title January 1, 2008 -

5 1 5.502 Juvenile court administration Revised January 1, 2011

5 1 5.503 Filing reports Revised January 1, 2008

5 1 5.504 Calendaring and continuances Revised January 1, 2008

5 1 5.505 Required attendance at hearings Revised January 1, 2008

5 1 5.506 Discovery Revised January 1, 2008

5 1 5.507 Ex parte requests for orders Revised January 1, 2008

5 1 5.508 Health Assessments Revised January 1, 2008

5 1 5.510 Court Appointed Special Advocates (CASA) Revised January 1, 2008

5 1 5.511 Interagency information sharing Revised January 1, 2008

5 1 5.512 Application for access to juvenile court records Revised January 1, 2008

5 1 5.514 Visitation before detention hearing Revised January 1, 2008

5 1 5.520 Objections in the nature of a general demurrer to the petition Revised January 1, 2008

5 1 5.522 Uncontested jurisdiction hearing settings; use as settlement conference

Revised January 1, 2008

5 1 5.530 Procedures governing CALICO videotapes Revised January 1, 2008

5 1 5.532 De facto parents Revised January 1, 2008

5 1 5.533 Dependency mediation Revised January 1, 2008

LED-7


Rule No. Rule Title Effective Date Amended Effective Date Title Chapter

1 5.534 Standing referral to dependency mediation in anticipation of dismissal

Revised January 1, 2008 5

1 5.535 Standing referral to dependency mediation for family matters Revised January 1, 2008 5

1 5.536 Attorney competency requirements Revised January 1, 2008 5

1 5.537 Motions to be relieved as counsel for a parent Revised January 1, 2008 5

5 1 5.540 Procedure for complaints concerning dependency attorneys Revised January 1, 2008

1 5.541 Informing the court of other interests of a dependent child Revised January 1, 2008 5

5 1 5.542 Authorization for foster parents to approved school activities Revised January 1, 2008

5 1 5.543 Travel with foster parents and group homes Revised January 1, 2008

5 5.544 Disclosure of medical information to foster parents and other care providers

Revised January 1, 2008 1

1 5.545 Disclosure of education and medical information to social workers and children’s attorneys Revised January 1, 2008 5

5 1 5.546 Welfare and Institutions Code section 388 petitions Revised January 1, 2008

5 1 5.547 Appearances on behalf of the Social Services Agency Revised January 1, 2008

5 1 5.551 Pretrial hearings Revised January 1, 2008

1 5.553 Calendaring cases involving placement failures and run-aways Revised January 1, 2008 5

5 1 5.555 Designation of statutory basis for declaring a 707(b) offense Revised January 1, 2008

5 1 5.557 Notice to dependency attorney of section 241.1 reports Revised January 1, 2008

LED-8



6 - - [Reserved] January 1, 2008 -

7 - - Probate Rules - -

7 - 7.1 Title January 1, 2008 -


7 1 7.5 Special settings May 19, 1998 January 1, 2008

7 1 7.10 “Pre-grant” procedures May 19, 1998 January 1, 2008

7 1 7.20 Use of alternative dispute resolution processes encouraged January 1, 2011 -

7 1 7.30 Rules for alternative dispute resolution processes other than judicial arbitration January 1, 2011 -

7 1 7.40 Alternative dispute resolution provider list January 1, 2011 -

7 1 7.50 ADR Administration Committee and complaint procedure January 1, 2011 -

7 2 - [Reserved] January 1, 2008 -

7 3 - Pleadings - -

7 3 7.150 Copy of will and codicil May 19, 1998 January 1, 2008





LED-9





7 10 - Sales of Real Property and Personal Property in Decedent’s Estates - -

7 10 7.300 Reappraisals May 19, 1998 January 1, 2008

7 10 7.310 Cash deposit on bids for real property May 19, 1998 January 1, 2008

7 10 7.320 Disclosure of extraordinary costs May 19, 1998 January 1, 2008

7 10 7.330 Notice of confirmation hearing May 19, 1998 January 1, 2008

7 10 7.340 Appearance by bidders May 19, 1998 January 1, 2008

7 10 7.350 Sale of specifically devised or bequeathed property May 19, 1998 January 1, 2008

7 10 7.360 Sale of securities May 19, 1998 January 1, 2008


7 12 - Accounts and Reports of Executors and Administrators - -

7 12 7.380 Notation of omitted schedules May 19, 1998 January 1, 2008

7 12 7.390 Contents of account May 19, 1998 January 1, 2008


7 14 - Preliminary and Final Distributions - -

7 14 7.400 Forms of decrees May 19, 1998 July 1, 2008

7 15 - Compensation of Personal Representatives and Attorneys - -

LED-10


Amended Title Chapter Rule No. Rule Title Effective Date Effective Date

7 15 7.410 Extraordinary compensation when statutory compensation exceeds $20,000 July 1, 2008 -

7 15 7.420 Extraordinary compensation for sales or real property July 1, 2008 -

7 15 7.430 Extraordinary compensation for preparation of tax returns July 1, 2008 -




7 19 - Trusts - -

7 19 7.500 Requirements for trustee’s accounts May 19, 1998 January 1, 2008

7 19 7.510 Contents of first account May 19, 1998 January 1, 2008

7 19 7.520 Description of principal and income May 19, 1998 January 1, 2008

7 19 7.530 Frequency for filing accounts May 19, 1998 January 1, 2008

7 19 7.540 Service on beneficiaries when power sought is not conferred May 19, 1998 January 1, 2008

7 19 7.550 Bond for trustee May 19, 1998 January 1, 2008


7 21 - Guardianships - -

7 21 7.710 Notice to parties in related actions May 19, 1998 January 1, 2008

7 21 7.720 Appearance of proposed guardian and minor May 19, 1998 January 1, 2008

7 21 7.730 Waiver of court investigator fee May 19, 1998 January 1, 2008

LED-11



7 21 7.740 Notice of hearings on petitions for temporary guardianship May 19, 1998 January 1, 2008

7 21 7.750 Inventory and appraisal required May 19, 1998 January 1, 2008

7 21 7.760 Contents of inventories in no or cash-only asset cases May 19, 1998 January 1, 2008

7 21 7.780 Accounts in guardianship proceedings May 19, 1998 January 1, 2008

7 21 7.790 Requirements if use of estate is sought to support ward May 19, 1998 January 1, 2008

7 22 - Conservatorships - -

7 22 7.800 Hearing on the petition for appointment May 19, 1998 January 1, 2008

7 22 7.810 General plan July 1, 2008 -

7 22 7.820 Appointment of legal counsel for conservatees and proposed conservatees July 1, 2008 -

7 22 7.830 Payment of court investigator fees May 19, 1998 January 1, 2008

7 22 7.840 Disclosure of benefits received May 19, 1998 January 1, 2008

7 22 7.860 Reports accompanying accounts May 19, 1998 January 1, 2008

7 22 7.870 Status report required May 19, 1998 January 1, 2008

7 22 7.880 Bond required May 19, 1998 January 1, 2008

7 22 7.895 Additional contents for petitions filed by private professional conservators May 19, 1998 January 1, 2008

8 - - Appellate Division Rules - -


8 1 8.1 Title January 1, 2008 -

LED-12



8 1 8.10 Application January 1, 2008 -

8 1 8.100 Dismissal upon failure to file opening brief January 1, 2008 -

8 1 8.120 Briefs May 19, 1998 January 1, 2008

8 1 8.140 Motions May 19, 1998 January 1, 2008

8 1 8.150 Court reporter May 19, 1998 January 1, 2008

Appendix A Local Forms January 1, 2008 January 1, 2010

Appendix July 1, 2008 - B Guideline for Attorney Fees

Conservatorship (Probate & LPS) and Guardianship Fee Guidelines for the Public Guardian, the County Counsel, and the Public Defender

July 1, 2008 July 1, 2010 Appendix C

LED-13


Appendix A Local Legal Forms List

Under California Rules of Court, rule 10.613, the court may adopt local forms to govern practice or procedure. Use of local forms is strongly encouraged. Use of forms adopted for mandatory use is mandatory and each mandatory local legal form is identified as mandatory by an asterisk (*) on the list of local legal forms published in this appendix. Mandatory forms bear the word “adopted” in the lower left corner of the first page. Optional forms bear the word “approved” in the lower left corner of the first page. Use of an approved (optional) form is not mandatory but the form must be accepted in appropriate cases at court locations in the county that have a public counter for the acceptance for filing of such documents (Local Rule 1.9). The forms are available on the court’s website in PDF format at

http://www.alameda.courts.ca.gov/Pages.aspx/Local-Forms

A - 1

http://www.alameda.courts.ca.gov/Pages.aspx/Local-Forms


Appendix A LOCAL FORMS

Form No. Year Title [Rev. January 1, 2011]

ALTERNATIVE DISPUTE RESOULTION (ADR)

ALA ADR-001* 1/1/2010 Stipulation to Attend Alternative Dispute Resolution (ADR) and Delay Initial Case Management Conference for 90 Days

ADOPTION

ALA ADOPT-060 1/1/2009 Petition for Adoption of Adult or Married Minor

ALA ADOPT-065 1/1/2009 Agreement of Adoption of Adult or Married Minor

ALA ADOPT-070 1/1/2009 Consent of Spouse or Registered Domestic Partner to Adoption of Adult or Married Minor

ALA ADOPT-075 1/1/2009 Order of Adoption of Adult or Married Minor

FAMILY LAW

ALA FL-002* 1/1/2008 Stipulation and Order Appointing Private Child Custody Recommending Mediator

ALA FL-004 1/1/2008 Order Appointing Accounting Expert

ALA FL-006 1/1/2008 Order Appointing Real Estate Expert

ALA FL-008* 1/1/2009 Attachment to Order Appointing Child Custody Evaluator (FORM FL-327)

ALA FL-010 1/1/2009 Declaration Regarding Notice for Ex Parte Application for Order

ALA FL-015-INFO* 1/1/2009 Guidelines for Child Visitation Supervision

ALA FL-015* 1/1/2009 Agreement for Child Visitation Supervision

ALA FL-021 1/1/2008 Application and Order for Minor’s Counsel Fees Over Cap

ALA FL-030* 1/1/2008 Summary of Contested and Resolved Issues

ALA FL-035* 7/1/2008 Application and Order for Continuance of Hearing or Status Conference

ALA FL-040 1/1/2008 Case Management Conference Questionnaire

ALA FL-041* 1/1/2008 Status Conference Questionnaire

ALA FL-045* 1/1/2008 Stipulation and Order for Voluntary Settlement Conference

* Adopted for mandatory use.

A - 2


Form No. Year Title [Rev. January 1, 2011]

FAMILY LAW (continued from page A – 2)

ALA FL-050* 1/1/2008 Request for Status Conference to Set Case for Trial

ALA FL-055* 7/1/2008 Application and Order for Continuance of Long-Cause Hearing or Trial and/or Settlement Conference

JUVENILE

ALA JV-001* 1/1/2008 Application and Order to Change or Add a Juvenile Court Date

ALA JV-002* 1/1/2008 Recommendation, Certification, and Order for Medical, Surgical, Dental, or Other Remedial Care

ALA JV-003* 1/1/2008 Declaration and Application for Access to Juvenile Court Records

ALA JV-004* 1/1/2008 Family Court Stipulation and Order Dismissing Juvenile Court Case

MISDEMEANOR

ALA CR-002* 1/1/2011 Misdemeanor Advisement of Rights, Waiver and Plea

ALA CR-002A* 1/1/2011 Misdemeanor Plea Attachment: VC 14601 Penalties

ALA CR-002B* 1/1/2011 Misdemeanor Plea Attachment: DUI Penalties

ALA CR-002C* 1/1/2011 Misdemeanor Plea Attachment: VC 23103 / 23103.5

* Adopted for mandatory use.

A - 3

LOCAL FORMS

ALTERNATIVEDISPUTE

RESOLUTION(ADR)

of 2

Form Approved for Mandatory UseSuperior Court of California,

County of AlamedaALA ADR-001 [New January 1, 2010]

STIPULATION TO ATTEND ALTERNATIVE DISPUTE RESOLUTION (ADR)AND DELAY INITIAL CASE MANAGEMENT CONFERENCE FOR 90 DAYS

Cal. Rules of Court,rule 3.221(a)(4)

ALA ADR-001ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, ALAMEDA COUNTY

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

FOR COURT USE ONLY


CASE NUMBER:

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

This stipulation is effective when:

All parties have signed and filed this stipulation with the Case Management Conference Statement at least 15 days before theinitial case management conference.

A copy of this stipulation has been received by the ADR Program Administrator, 1225 Fallon Street, Oakland, CA 94612.

1. Date complaint filed: _______________________. An Initial Case Management Conference is scheduled for:

Date: Time: Department:

2. Counsel and all parties certify they have met and conferred and have selected the following ADR process (check one):

Court mediation Judicial arbitration

Private mediation Private arbitration

3. All parties agree to complete ADR within 90 days and certify that:

a. No party to the case has requested a complex civil litigation determination hearing;b. All parties have been served and intend to submit to the jurisdiction of the court;c. All parties have agreed to a specific plan for sufficient discovery to make the ADR process meaningful;d. Copies of this stipulation and self-addressed stamped envelopes are provided for returning endorsed filed stamped copies to

counsel and all parties;e. Case management statements are submitted with this stipulation;f. All parties will attend ADR conferences; and,g. The court will not allow more than 90 days to complete ADR.

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

Date:

__________________________________________ _________________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF)

Date:

__________________________________________ _________________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PLAINTIFF)

of 2


County of AlamedaALA ADR-001 [New January 1, 2010]


Cal. Rules of Court,rule 3.221(a)(4)

ALA ADR-001

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER.:

Date:

__________________________________________ _________________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT)

Date:

__________________________________________ _________________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR DEFENDANT)

LOCAL FORMS

ADOPTION

Form Approved for Optional Use Superior Court of California,

County of Alameda ALA ADOPT-060 [New January 1, 2009]

PETITION FOR ADOPTION OF ADULT OR MARRIED MINOR Fam. Code §§ 9300-9307; 9320-9328

ALA ADOPT-060 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

IN THE MATTER OF THE PETITION OF:

Prospective Adoptive Parent (name each):

Proposed Adoptee:

FOR COURT USE ONLY

PETITION FOR ADOPTION OF ADULT PETITION FOR ADOPTION OF MARRIED MINOR

CASE NUMBER:

1. Each person adopting is an adult and older than the adoptee and

A written agreement between the prospective adoptive parent(s) and the proposed adoptee was signed on , 20 , and a copy has been filed along with this petition.

2. Prospective Adoptive Parent (name each separately if more than one)

Name: Address:

Telephone Number: Date of Birth: Name:

Address: Telephone Number: Date of Birth:

3. Proposed Adoptee

Name: Address:

Telephone Number: Date of Birth:

4. Date, city, and state of marriage or registered domestic partnership (if applicable): Prospective adoptive parent(s): Proposed adoptee: 5. Full name of spouse or registered domestic partner of (if applicable)

Prospective adoptive parent(s): Proposed adoptee: A consent has been filed for each spouse or registered domestic partner. 6. The prospective adoptive parent or such petitioner’s spouse or registered domestic partner:

a. Has not previously adopted an adult. b. Has previously adopted an adult.

Name of adult adopted: Date and place of adoption: and (check all that apply):

(1) The previous adoption occurred within one year of today’s date (2) The previous adoptee is related to the prospective adoptive parent(s) (3) The proposed adoptee is a biological sibling of the previous adoptee (4) The proposed adoptee is disabled or physically handicapped.

Page 1 of 3

NAME(S)

ALA ADOPT-060 [New January 1, 2009] PETITION FOR ADOPTION OF ADULT OR MARRIED MINOR Page 2 of 3

CASE NO.:

7. (check a or b as appropriate)

a. The proposed adoptee is not an adult with developmental disabilities. b. The proposed adoptee is an adult with developmental disabilities and a prospective adoptive parent is a provider of, or the

spouse or an employee of the provider of, board and care, treatment, habilitation, or other services to persons with developmental disabilities, and

c. The prospective adoptive parent(s) will mail or personally serve notice of the hearing and a copy of this petition to the director of the regional center for the developmentally disabled, and to any living birth parents or adult children of the proposed adoptee, at least 30 days before the day of the hearing, and will file proofs of service before the hearing date

8. State the full names and place of residence of any living parents and adult children of the proposed adoptee: 9. State how the prospective adoptive parent(s) and the proposed adoptee are related to each other, if they are related (e.g.,

grandparent and grandchild, aunt and nephew): 10. State the length and nature of the relationship between the prospective adoptive parent(s) and the proposed adoptee (attach

additional pages if necessary): 11. State why this adoption is requested (attach additional pages if necessary):

Petitioners seek to establish a legal relationship that already exists in fact and it is in their best interests that the prospective adoptive parent(s) and the proposed adoptee have between them the legal rights and obligations of parent and child, including rights relating to inheritance and duties of support.

Other: 12. This adoption is in the best interests of the proposed adoptee, the adopting parents and the public because It will create legal

duties of support between the prospective adoptive parent(s) and proposed adoptee and will thereby reduce the likelihood of any petitioner becoming a public charge in the future.

Other (specify) (attach additional pages if necessary):

13. The undersigned parties do hereby agree to assume toward each other the legal relationship of parent and child and to have all the

rights and be subject to all of the duties and responsibilities of that relationship, including the right of inheritance and the duty of support.

14. The parties request the court to grant the petition for adoption, approve the agreement of adoption, and issue the order that the

proposed adoptee has been duly and legally adopted by the prospective adoptive parent(s) and that the name of the adoptee Will be changed on the birth certificate to (specify): Will continue to be (specify):

NAME(S)

ALA ADOPT-060 [New January 1, 2009] PETITION FOR ADOPTION OF ADULT OR MARRIED MINOR Page 3 of 3

CASE NO.:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

__________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PETITIONER PROSPECTIVE ADOPTIVE PARENT Date:

__________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PETITIONER PROSPECTIVE ADOPTIVE PARENT Date:

__________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PETITIONER PROPOSED ADOPTEE Date:

__________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF ATTORNEY FOR PETITIONERS

of 1 Form Approved for Optional Use

Superior Court of California, County of Alameda

ALA ADOPT-065 [New January 1, 2009] AGREEMENT OF ADOPTION OF ADULT OR MARRIED MINOR Fam. Code §§ 9300-9307; 9320-9328)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



Proposed Adoptee:

FOR COURT USE ONLY

AGREEMENT OF ADOPTION OF ADULT OR MARRIED MINOR CASE NUMBER:

The prospective adoptive parent(s) (name each if more than one)

and the proposed adoptee have entered into the following agreement.

1. a. Whereas prospective adoptive parent , age , born in (city, state, or country):

on (month, date, year): , residing at (address) :

desires to adopt (name of proposed adoptee): .

b. Whereas prospective adoptive parent , age , born in (city, state, or country):

on (month, date, year): , residing at (address):

desires to adopt (name of proposed adoptee): .

2. Whereas proposed adoptee , age , born in (city, state):

on (month, date, year): , residing at (address): , desires to be

adopted by (name of prospective adoptive parent(s)):

The parties agree to assume toward each other the legal relationship of parent and child, and to have all of the rights and be subject to all of the duties and responsibilities of that relationship. The parties agree to file a joint petition in the Superior Court of California, County of Alameda, praying for approval of this agreement of adoption by issuance of an order that the proposed adoptee is the child of the prospective adoptive parent(s) and shall take the birth name of

and that proposed adoptee may continue to use the current name of .

Date: __________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PROSPECTIVE ADOPTIVE PARENT

Date: __________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PROSPECTIVE ADOPTIVE PARENT Date: __________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF PROPOSED ADOPTEE


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



Proposed Adoptee:

FOR COURT USE ONLY

CONSENT OF SPOUSE OR REGISTERED DOMESTIC PARTNER TO ADOPTION OF ADULT OR MARRIED MINOR

CASE NUMBER:

1. My name is .

2. I am the spouse registered domestic partner of petitioner , who is

a person seeking to adopt the person being adopted.

3. I do hereby fully and freely consent to the adoption (complete either a or b)

a. of my spouse registered domestic partner.

b. by my spouse registered domestic partner.

4. (If applicable) I am the biological parent of the person being adopted, and I give my consent to my child’s adoption without

relinquishing any of my rights, duties, and responsibilities as a parent.

Date:

__________________________________________ _________________________________________________ PRINT OR TYPE NAME SIGNATURE OF SPOUSE OR REGISTERED DOMESTIC PARTNER

Page 1 of 1 Form Approved for Optional Use

Superior Court of California, CONSENT OF SPOUSE OR REGISTERED DOMESTIC Fam. Code §§ 9300-9307; 9320-9328 County of Alameda

ALA ADOPT-070 [New January 1, 2009] PARTNER TO ADOPTION OF ADULT OR MARRIED MINOR



ALA ADOPT-075 [New January 1, 2009] ORDER OF ADOPTION OF ADULT OR MARRIED MINOR Fam. Code §§ 9300-9307; 9320-9328


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



Proposed Adoptee:

FOR COURT USE ONLY

ORDER OF ADOPTION OF ADULT ORDER OF ADOPTION OF MARRIED MINOR

CASE NUMBER:

1. a. Date of Hearing: Dept: b. Judicial Officer: c. Present: Prospective adoptive parent(s) Attorney for prospective adoptive parent(s)

Proposed adoptee Attorney for proposed adoptee Spouse or domestic partner of prospective adoptive parent(s) (print name of spouse or domestic partner):

Spouse or domestic partner of proposed adoptee (print name of spouse or domestic partner):

Other (specify):

2. Date and place of proposed adoptee’s birth (specify):

3. The prospective adoptive parent(s) is or are: married or in a registered domestic partnership single The proposed adoptee is: married or in a registered domestic partnership single 4. The prospective adoptive parent(s) is or are a resident of (name of county): The proposed adoptee is a resident of (name of county):

5. The prospective adoptive parent(s) and the proposed adoptee were examined.

THE COURT FINDS AND ORDERS THAT

6. All allegations in the petition are true.

7. The prospective parent(s) is or are older than the proposed adoptee.

8. The adoption will serve the best interests of the prospective parent(s), the proposed adoptee, and the public.

9. All consents required by law have been filed with the court.

10. All legal requirements have been met.

11. The court approves the agreement of adoption.

12. The petition for adoption is granted.

13. The adoptive parent(s) and adoptee shall hereafter sustain toward each other the legal relationship of parent and child subject to all the rights and duties of that relationship, including all legal rights and duties of custody, support, and inheritance and the name on the adoptee’s birth certificate shall be changed from to .

Date: _______________________________________ ______________________________________________________ JUDICIAL OFFICER

LOCAL FORMS

FAMILY LAW

of 4 Form Adopted for Mandatory Use


ALA FL-002 [New January 1, 2008]

STIPULATION AND ORDER APPOINTING PRIVATE CHILD CUSTODY RECOMMENDING MEDIATOR

Fam. Code § 3164

ALA FL-002 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER:

FOR COURT USE ONLY

STIPULATION AND ORDER APPOINTING PRIVATE CHILD CUSTODY RECOMMENDING MEDIATOR

CASE NUMBER:

1. Pursuant to the stipulation of the parties, attached hereto, THE COURT FINDS that there are contested custody and visitation issues, and that the parties have stipulated to a private child custody mediator pursuant to Family Code Sec. 3164 to conduct mediation of such contested issues. Based on such finding, and good cause appearing THE COURT ORDERS

(Name): (E-mail):

(Address): (Telephone):

(Fax):

is appointed in place of court-connected mediation services respecting the child custody and visitation issues:

a. Described in the below listed Petition, Application or other pleading:

(name of document): (filing date):

b. As follows (specify):

c. The mediation shall be conducted in accordance with and shall comply with Family Code §§216, 1815 and 3160 through 3188, and the applicable provisions of California Rules of Court. The MEDIATOR shall submit to the Court a written report and recommendations as to custody and/or visitation, and may submit such other recommendations as are authorized by Family Code §3183. The MEDIATOR shall be impartial and shall function at the request of the Court and pursuant to court order.

2. TERM OF MEDIATOR

a. The MEDIATOR's appointment shall continue until the Court orders otherwise, or until report/recommendation is issued respecting the above-described child custody and visitation issues, whichever first occurs.

b: For a term of (fill in) years, commencing on the filing of this Order, all custody and visitation issues that are before the Court or arise between the parties shall be submitted for mediation to the MEDIATOR.

3. EX PARTE COMMUNICATION. Absent written stipulation of the parties, there shall be no ex parte communication between the MEDIATOR and any party or between the MEDIATOR and any attorney of record in this action, except to schedule appointments, coordinate collateral contacts, or as required or permitted by law.

4. DOCUMENTS AND INFORMATION. The parties shall immediately provide the MEDIATOR with copies of all pleadings, motions, declarations, correspondence or other documents that relate to the contested issues to be considered by the MEDIATOR. With the exception of such documents as are subject to a valid claim of privilege, the parties shall provide all records requested by the MEDIATOR within five (5) days of request by the MEDIATOR. All documents provided to the MEDIATOR by a party (directly or through counsel) shall be contemporaneously provided to the other party. The parties shall make themselves and their minor children reasonably available to the MEDIATOR, for mediation and interview.

5. RELEASES. Upon request by the MEDIATOR, the parties shall promptly sign all documents required to allow access by the MEDIATOR to documents and information in the possession of therapists, counselors, physicians, psychiatrists, psychologists, evaluators, educators, educational institutions, police and other law enforcement authorities, hospitals, social workers and child protection entities and staff. No release provided to the MEDIATOR pursuant to this Order, nor the disclosure or production of any documents or information to the MEDIATOR pursuant to this Order shall constitute a waiver of any valid privilege.

ALA FL-002 [New January 1, 2008] STIPULATION AND ORDER APPOINTING PRIVATE

CHILD CUSTODY RECOMMENDING MEDIATOR

Page 2 of 4

ALA FL-002 PETITIONER/PLANTIFF: RESPONDENT/DEFENDANT:

CASE NUMBER:

6. CONFIDENTIALITY

a. The MEDIATOR shall take such steps as are necessary to protect the therapeutic privilege of any minor child and, in doing so, may decline to provide any party or counsel with information disclosed by a child or that child's therapist which would otherwise be privileged. In the event that the Court requires disclosure of privileged information or testimony, such information or testimony shall be provided to the Court in camera in the absence of the parties. Counsel for the parties shall not disclose the details of such information or testimony.

b. All reports or recommendations authored by or received from the MEDIATOR are confidential. No such report or recommendation may be provided or made available to or discussed with any person except the parties, counsel for the parties in the action, and any person allowed access by law or to whom the Court permits access by written order issued upon prior notice to all parties.

c. No person who has access to a report or recommendation by the MEDIATOR shall make a copy or disclose the content thereof to the minor child or to any person not entitled to access pursuant to this Order. The parties shall not mention or discuss within the hearing of any minor child any statement made by the MEDIATOR.

7. FACTS

a. The parties never married married on (date): separated on (date):

b. The names, birth dates, and gender of the parties’ children are:

CHILDS NAME DATE OF BIRTH M/F

8. FEES AND COSTS OF THE MEDIATOR

a. The allocation of fees and costs of the MEDIATOR shall be

subject to later reallocation between the parties as may be ordered by the Court.

between parties as follows

Petitioner % Respondent % Other %

other (specify):

b. Should the report or recommendation of the MEDIATOR proceed to hearing, or should the MEDIATOR be requested by a party to attend a hearing or deposition, the party requesting the attendance of the MEDIATOR shall provide the MEDIATOR with ten (10) days written notice of the date and time of the appearance, and shall, no less than twenty- four hours prior to the appearance, advance and tender the fees requested by the MEDIATOR for preparation and appearance.

c. Any objection to any statement, invoice or bill submitted by the MEDIATOR for payment by a party shall be in writing and delivered to the MEDIATOR within ten (10) days of the date of mailing of the statements, invoice or bill. Without prejudice to any right to initiate or maintain any other action, and provided jurisdiction exists, any dispute regarding the MEDIATOR's fees or costs shall be brought to the immediate attention of this Court by the disputing party by service and filing of a motion, with written notice to the MEDIATOR pursuant to CCP §1005(b).



Page 3 of 4


CASE NUMBER:

9. ADDITIONAL ORDERS

a. Prior to the commencement of mediation, the parties may obtain such advice as they require regarding Civil Code §47 and immunity.

b. The parties shall promptly advise the Court should the MEDIATOR be unable or unwilling to accept appointment pursuant to this Order.

c. Upon notice to the parties, the MEDIATOR may make written application to the Court for such further instruction, information, and assistance as may be necessary for the completion of the tasks set forth herein. Once the appointment has been accepted by the MEDIATOR, the MEDIATOR may, upon a showing of good cause and upon written notice to the parties, petition the Court to withdraw as MEDIATOR.

d. The MEDIATOR shall provide the Court with immediate written notice if at any time during the mediation a situation arises that is immediately dangerous to the minor child or to any party, family member, child, attorney, judge or mental health professional involved in this action. Such notification may be made on an ex parte basis, and may be accompanied by an application for ex parte relief.

e. The MEDIATOR shall execute, file and serve the attached "Consent To Serve And Certification" within ten (10) days of service of this Order on the proposed MEDIATOR.

10. Hearing on the contested issues of custody and visitation is hereby set

on (date): at (time): in Dept.

Date: _________________________________________________________ (JUDICIAL OFFICER)



Page 4 of 4


CASE NUMBER:

STIPULATION FOR ENTRY OF ORDER

The parties hereto stipulate that the Court may enter the foregoing as on Order, each party waiving the right to request a statement of decision, the right to notice of entry, and the right to appeal therefrom.

Date:

________________________________________ ____________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

Date:

________________________________________ ____________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT)

Approved as to form and content:

Date:

________________________________________ ____________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR PETITIONER)

Date:

________________________________________ ____________________________________________

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY FOR RESPONDENT)



ALA FL-004 [New January 1, 2008] ORDER APPOINTING ACCOUNTING EXPERT Evid. Code § 730


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

ORDER APPOINTING ACCOUNTING EXPERT By Stipulation After Hearing

CASE NUMBER:

This proceeding was heard on (date): at (time): in Dept.:

by Judge (name): Temporary Judge

Petitioner present Attorney present (name):

Respondent present Attorney present (name):

Other present Attorney present (name):

on the Order to Show Cause or motion filed on (date): by (name):

By stipulation of the parties attached hereto (no appearance).

Good cause appearing, THE COURT ORDERS:

1. Appointment of expert

(Name): (E-mail):


(Fax):

is appointed as the court’s expert under Evidence Code section 730. The expert must be impartial and must function at the request of the court and pursuant to this court order. The expert is deemed qualified to perform the following tasks and must do so, provided that the parties comply with the provisions set forth below regarding compensation and documents and information and subject to the provision regarding withdrawal.

2. Expert’s tasks

a. Provide an analysis of cash flow available for support for

(1) Petitioner

(2) Respondent

b. Perform an analysis of the community property interest in the business known as (specify): as of the most practical date nearest (specify):

c. Prepare a valuation of the community interest in stock options or other forms of money interests, such as bonds, notes, mutual funds, and retirement and pension plans, in (specify):

d. Calculate the income tax consequences of (specify):

ALA FL-004 [New January 1, 2008] ORDER APPOINTING ACCOUNTING EXPERT Page 2 of 4


CASE NUMBER:

e. Calculate the community and separate property interest in real property located at (address):

f. Prepare a written tracing of (specify):

g. Prepare an analysis of petitioner’s respondent’s separate property claims relating to (specify):

h. Prepare an analysis of petitioner’s respondent’s reimbursement claims for (specify):

i. Calculate child spousal support arrearages including interest due.

j. Assist with settlement.

k. Other:

3. Compensation

a. A retainer of $ must be paid within 15 days of the date of this order and will be applied to the final invoice. Any unused portion of the retainer will be refunded by expert at the conclusion of expert’s services.

(1) Petitioner to pay $ within (specify number of days):

Respondent to pay $ within (specify number of days):

(2) Petitioner to pay the following percent of the expert’s retainer (specify %): within (days):

Respondent to pay the following percent of the expert’s retainer (specify %): within (days):

(3) Other (specify compensation terms):

b. Court retains jurisdiction to order a different allocation of payment of the retainer, as between parties.

c. The billed amount must be paid on a timely basis as follows:

(1) The petitioner to pay (specify %):

(2) The respondent to pay (specify %):

(3) Other:

d. The court retains jurisdiction to order a different allocation of payment of billed amounts between parties.

e. The expert may request that the parties execute a fee schedule or engagement agreement before accepting the assignment contained in this order.

4. Documents and Information

a. The parties must provide all records requested by the expert, within 20 days of receipt of a written request.

b. Each party must provide responses to questions propounded by the expert within 10 days.

c. If requested by the expert, the parties must provide written authorization directing third parties to provide documents, records, or other information.

5. Communication

a. The expert may contact any party or attorney on an ex parte basis. In the event that an attorney for any party, or any party, communicates with the expert in writing, a copy of the communication must be provided to the other party at the same time.

b. The attorneys must notify the expert of all court dates. The expert may communicate by telephone with either party regarding the scheduling of meetings or hearings and the status of the expert’s work.



CASE NUMBER:

6. Disputes

a. The expert may initiate contact with the court to obtain the court’s assistance in resolving disputes related to the completion of the expert’s assignment, including, but not limited to, the production of documents, the scope of the assignment, scheduling of court appearances, the payment of the expert’s fees, access and entrance to property or any issue related to a violation of this order.

b. Prior to initiating such contact with the court, the expert must give written notice to each party at least two business days prior to contacting the court of the nature of the dispute and the expert’s intention to notify the court.

c. Contact by the expert with the court will be by letter, by telephone conference call, by declaration, or by motion filed by the expert as the court orders.

d. Any written communication sent to the court must be provided to the other party at the same time.

7. Reporting

a. The expert may provide a status report to the court at any time. The status report must be provided to both parties at the same time as it is provided to the court.

b. The parties must meet with the expert when the report is completed.

c. Instead of meeting with the parties when the report is completed, the expert may distribute a draft report to the parties.

d. The parties must submit any objections to the findings and conclusions, any additional factual information they believe the expert should consider, or note any errors they believe the expert has made within ten days unless the expert agrees to provide additional time, which may not exceed 30 days.

e. The expert’s final report must be sent to the court and copies provided to the parties, provided that the parties have complied with the provisions of this order, including the compensation and documents and information provisions.

f. The expert’s final report will be admitted into evidence at any hearing or trial in this matter, over any hearsay and foundation objections, subject to cross-examination.

g. If either party wishes to cross-examine the expert, that party must give expert at least five business days written notice and must advance the fees requested by expert to prepare for and appear at the hearing, subject to reimbursement or reallocation by the court. Fees for preparing and appearing, as requested by expert must be paid at least two business days before the appearance.

h. If at any point the provisions regarding compensation of this order, or any engagement agreement between the parties and the expert, have not been complied with, the expert may stop all work and not issue a draft or final report.

8. Enforcement by expert

The expert may bring a motion in this action to enforce the provisions of this order.

9. Withdrawal of the expert

a. The expert may withdraw at any time as a result of the failure of a party to comply with the terms of this order or at any time the expert determines that the expert cannot complete the assignment. The expert must notify the court and the parties in writing of the facts that form the basis of the need to withdraw.

b. Fees earned up until the time of withdrawal are due to expert.

10. Commencement of work

The expert is not required to begin work until the expert has been served with a copy of this order.

11. Duty of parties is expert is unavailable

The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.

12. A hearing is set for

(date): at (time): in Dept.




CASE NUMBER:


The parties stipulate that the court may enter the foregoing as an order, each party waiving the right to request a statement of decision, the right to notice of entry, and the right to appeal.

Date:

________________________________________ ____________________________________________


Date:

________________________________________ ____________________________________________



Date:

________________________________________ ____________________________________________


Date:

________________________________________ ____________________________________________




ALA FL-006 [New January 1, 2008] ORDER APPOINTING REAL ESTATE EXPERT Evid. Code § 730


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

ORDER APPOINTING REAL ESTATE EXPERT By Stipulation After Hearing

CASE NUMBER:

This proceeding was heard on (date): at (time): in Dept.:

by Judge (name): Temporary Judge

Petitioner present Attorney present (name):

Respondent present Attorney present (name):

Other present Attorney present (name):

on the Order to Show Cause or motion filed on (date): by (name):

By stipulation of the parties attached hereto (no appearance).

Good cause appearing, THE COURT ORDERS:

1. Appointment of expert

(Name): (E-mail):


(Fax):

is appointed as the court’s expert under Evidence Code section 730. The expert must be impartial and must function at the request of the court and pursuant to this court order. The expert is deemed qualified to perform the following tasks and must do so, provided that the parties comply with the provisions set forth below regarding compensation and documents and information and subject to the provision regarding withdrawal.

2. Expert’s tasks

a. Provide a written opinion plus supporting information regarding the fair market value of the below listed property, as of the date indicated:

PROPERTY ADDRESS DATE OF VALUATION

ALA FL-006 [New January 1, 2008] ORDER APPOINTING REAL ESTATE EXPERT Page 2 of 4


CASE NUMBER:

b. Provide a written opinion plus supporting information regarding the fair market rental value of the below listed property, as of the date indicated:

PROPERTY ADDRESS DATE OF VALUATION

c. Provide a written opinion regarding the impact on the fair market value of the below listed property, of any capital repair estimates obtained by either party:

PROPERTY ADDRESS CAPITAL REPAIR ITEMS/ESTIMATES

d. Other:

3. Compensation

a. The billed mount must be paid on a timely basis as follows:

(1) The Petitioner to pay (specify %):

(2) The Respondent to pay (specify %):

(3) Other:

b. The court retains jurisdiction to later order a different allocation of payment, as between parties.

4. Documents and Information

a. The parties must provide all records requested by the expert, within 20 days of receipt of a written request.

b. Each party must provide responses to questions propounded by the expert within 10 days.

c. If requested by the expert, the parties must provide written authorization directing third parties to provide documents, records, or other information.

5. Communication

a. The expert may contact any party or attorney on an ex parte basis. In the event that an attorney for any party, or any party, communicates with the expert in writing, a copy of the communication must be provided to the other party at the same time.

b. The attorneys must notify the expert of all court dates. The expert may communicate by telephone with either party regarding the scheduling of meetings or hearings and the status of the expert’s work.



CASE NUMBER:

6. Disputes

a. The expert may initiate contact with the court to obtain the court’s assistance in resolving disputes related to the completion of the expert’s assignment, including, but not limited to, the production of documents, the scope of the assignment, scheduling of court appearances, the payment of the expert’s fees, access and entrance to property or any issue related to a violation of this order.

b. Prior to initiating such contact with the court, the expert must give written notice to each party at least two business days prior to contacting the court of the nature of the dispute and the expert’s intention to notify the court.

c. Contact by the expert with the court will be by letter, by telephone conference call, by declaration, or by motion filed by the expert as the court orders.

d. Any written communication sent to the court must be provided to the other party at the same time.

7. Reporting

a. The expert may provide a status report to the court at any time. The status report must be provided to both parties at the same time as it is provided to the court.

b. The parties must meet with the expert when the report is completed.

c. Instead of meeting with the parties when the report is completed, the expert may distribute a draft report to the parties.

d. The parties must submit any objections to the findings and conclusions, any additional factual information they believe the expert should consider, or note any errors they believe the expert has made within ten days unless the expert agrees to provide additional time, which may not exceed 30 days.

e. The expert’s final report must be sent to the court and copies provided to the parties, provided that the parties have complied with the provisions of this order, including the compensation and documents and information provisions.

f. The expert’s final report will be admitted into evidence at any hearing or trial in this matter, over any hearsay and foundation objections, subject to cross-examination.

g. If either party wishes to cross-examine the expert, that party must give expert at least five business days written notice and must advance the fees requested by expert to prepare for and appear at the hearing, subject to reimbursement or reallocation by the court. Fees for preparing and appearing, as requested by expert must be paid at least two business days before the appearance.

h. If at any point the provisions regarding compensation of this order, or any engagement agreement between the parties and the expert, have not been complied with, the expert may stop all work and not issue a draft or final report.

8. Enforcement by expert

The expert may bring a motion in this action to enforce the provisions of this order.

9. Withdrawal of the expert

a. The expert may withdraw at any time as a result of the failure of a party to comply with the terms of this order or at any time the expert determines that the expert cannot complete the assignment. The expert must notify the court and the parties in writing of the facts that form the basis of the need to withdraw.

b. Fees earned up until the time of withdrawal are due to expert.

10. Commencement of work

The expert is not required to begin work until the expert has been served with a copy of this order.

11. Duty of parties is expert is unavailable

The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.

12. Hearing is hereby set for

(date): at (time): in Dept.




CASE NUMBER:


The parties stipulate that the court may enter the foregoing as an order, each party waiving the right to request a statement of decision, the right to notice of entry, and the right to appeal.

Date:

________________________________________ ____________________________________________


Date:

________________________________________ ____________________________________________



Date:

________________________________________ ____________________________________________


Date:

________________________________________ ____________________________________________


of 3


County of AlamedaALA FL-008 [New January 1, 2009]

ATTACHMENT TOORDER APPOINTING CHILD CUSTODY EVALUATOR (form FL-327)

Fam. Code § 3110.5

ALA FL-008

PETITIONER:

RESPONDENT:

CASE NUMBER:

ATTACHMENT TO ORDER APPOINTING CHILD CUSTODY EVALUATOR (form FL-327)

1. This attachment accompanies FL-327 ordering the appointment of ________________________________________________ asthe child custody evaluator.

TASKS OF EVALUATOR

2. The child custody evaluator will provide the parties with a written description of the evaluation process, inform each adult party ofthe purpose, nature, and method of the evaluation, and provide information regarding the child custody evaluator’s education,experience, and training.

3. The child custody evaluator will be impartial and function at the request of the court and pursuant to court order.

4. The child custody evaluator will investigate and advise the court, with respect to the health, safety, welfare, and best interest of theminor chlld(ren) of the parties in connection with the disputed custody and visitation issues in this matter.

a. This will be a full evaluation, investigation, and assessment, intended to provide the court with a comprehensiveexamination of the health, safety, welfare, and best interest of the minor child(ren).

b. This will be a partial, or focused, evaluation, investigation, and assessment. The child custody evaluator is to advise thecourt on the following matters:

5. See the report of the Family and Children’s Bureau dated ________________________.

EX PARTE COMMUNICATION

6. Absent a written stipulation of the parties, there will be no ex parte communication between the child custody evaluator and anyparty or between the child custody evaluator and any attorney of record in this action, except to schedule appointments, coordinatecollateral contacts, or as required or permitted by law.

DOCUMENTS AND INFORMATION

7. The parties will immediately contact the child custody evaluator and set an initial appointment date and time.

8. The parties will immediately provide the child custody evaluator with copies of all pleadings, motions, declarations,correspondence, mediation reports, or other documents that relate to the contested issues to be considered by the child custodyevaluator.

9. With the exception of such documents that are subject to a valid claim of privilege, the parties will provide all records requested bythe child custody evaluator within (5) five days of the request. All documents provided to the child custody evaluator by a party(directly or through counsel) will be contemporaneously provided to the other party.

10. The parties will cooperate fully with the child custody evaluation conducted under this order and will make themselves and theirminor child(ren) reasonably available to the child custody evaluator for testing and interviewing.

of 3



ALA FL-008

PETITIONER:

RESPONDENT:

CASE NUMBER:

RELEASES

11. The parties are directed to execute any releases that may be required by the child custody evaluator to obtain otherwiseconfidential or privileged information from third party sources regarding the parties or the minor child(ren). The child custodyevaluator is expressly authorized to obtain information regarding the minor child(ren) from: current/previous teachers, school staffand administrators; the minor child(ren)’s current/previous pediatricians, psychologists, or mental health professionals; hospital andmedical records; current/previous daycare/preschool providers; law enforcement agencies, personnel and records; Family CourtServices; Child Protective Services; or other social service agencies.

CONFIDENTIALITY

12. The child custody evaluator will take such actions as are necessary to protect the therapeutic privilege of any minor child and in sodoing, decline to provide any party or counsel with information disclosed by a minor child or that child’s therapist that wouldotherwise be privileged. In the event the court requires disclosure of privileged information or testimony, such information ortestimony will be provided to the court in private, in the absence of the parties. Counsel for the parties will not disclose the details ofsuch information or testimony.

13. All reports or recommendations authored by or received from the child custody evaluator are confidential. No such report orrecommendation may be provided or made available to or discussed with any person except the parties, counsel for the parties inthe action, and any person allowed access by law or to whom the court permits access by written order issued upon prior notice toall parties.

14. No person who has access to a report or recommendation by the child custody evaluator will make a copy or disclose the contentthereof to the minors or to any person not entitled to access pursuant to this order. The parties will not mention or discuss withinthe hearing of the minors any statement made to the child custody evaluator by a minor child of the parties.

FEES AND COSTS OF THE EVALUATOR

15. The parties will make financial arrangements with the child custody evaluator forthwith. The evaluation will not commence until afterthe parties have arranged for payment in a manner acceptable to the child custody evaluator. The court allocates the costs of thechild custody evaluator as follows:

_______________ Petitioner; _______________ Respondent. The court reserves jurisdiction to reallocate said payments betweenthe parties.

ADDITIONAL ORDERS

16. The parties will promptly advise the court should the child custody evaluator be unable or unwilling to accept appointment underthis order.

17. The child custody evaluator may apply in writing to the court for such further instruction, information, and assistance as may benecessary for the completion of the tasks set forth herein.

18. Once the child custody evaluator has accepted appointment, the child custody evaluator may, upon a showing of good cause andupon written notice to the parties, petition the court to withdraw.

19. The child custody evaluator will provide the court with immediate written notice if, at any time during the evaluation, a situationarises that is immediately dangerous to the minor child(ren), to any party, family member, minor child’s attorney, judge or mentalhealth professional involved in this action. Such notification may be made on an ex parte basis and may be accompanied by anapplication for ex parte relief.

of 3



ALA FL-008

PETITIONER:

RESPONDENT:

CASE NUMBER:

20. The written report of the child custody evaluator will be admitted into evidence at any hearing or trial in this matter, over anyhearsay or foundation objections, subject to cross-examination. __________ / __________ [initials of the parties]

HEARING DATE

21. Hearing on the contested issues of custody and visitation is hereby set for ________________________ at ______ a.m. / p.m.

in Department __________ for ___________________________________________________________________________.

If the hearing is continued, the parties will give the child custody evaluator timely written notice of the new date and time.

OTHER

22.

Date: ______________________________________________________

JUDICIAL OFFICER




DECLARATION REGARDING NOTICE FOR EX PARTE APPLICATION FOR ORDER

Local Rules, rule 5.15


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

PETITIONER:

RESPONDENT:

OTHER:

FOR COURT USE ONLY


CASE NUMBER:

1. I am the attorney for the petitioner respondent claimant other joined party in this case.

2. Describe the nature of the ex parte order you are requesting:

3. Was notice of the ex parte application given to the opposing parties? YES NO.

4. (NOTICE GIVEN) The opposing parties were notified of the relief sought and that the ex parte application would be submitted to the court on (date) _______________, at (time) _______________, as indicated below.

a. Notice was given to the attorney for the petitioner respondent claimant other joined party.

b. Date and time of notification: ______________________________________________________________________________.

c. Manner of notification:

(1) By telephone. Name of person you spoke to: ___________________________________________________________.

(2) By letter mailed personally delivered on (date) ________________________, at (time) _____________________.

(Attach proof of service)

(3) By fax (specify fax number) ____________________________, which I know to be the fax number of the person served because (specify): fax number shown on papers filed and served by the person. Other (specify): _____________

_______________________________________________________________________________________________.

(4) Other manner of notification (specify): _________________________________________________________________.

d. Did you receive a response to the notice? YES NO. If yes, describe the response received:

e. Do you expect opposition to the application to be filed? YES NO.

5. (NOTICE NOT GIVEN) Notice of the application was not given, for the reason(s) indicated below:

a. Notice of the ex parte application would frustrate the purpose of the order sought, for the reason(s) described on the next page.

b. The applicant would suffer immediate and irreparable harm before the opposing party could be heard in opposition (explain the nature of the immediate and irreparable harm below):

ALA FL-010

PETITIONER: RESPONDENT:

CASE NUMBER:

c. No significant direct burden or inconvenience to the opposing party will be likely to result from the order sought (explain below):

d. I made reasonable and good faith efforts to notify the opposing party and further efforts to give notice would probably be futile or burdensome (explain below):

e. Other (specify):

6. Explanation for answers in paragraph 5, if applicable:

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

DATE: TYPE OR PRINT DECLARANT’S NAME: DECLARANT’S SIGNATURE:

Page 2 of 2



of 1


County of AlamedaALA FL-015-INFO [New January 1, 2009]

GUIDELINES FOR CHILD VISITATION SUPERVISIONPen. Code § 11161;

Standards of Judicial Administration § 5.20;Local Rule 5.20

ALA FL-015-INFO

GUIDELINES FOR CHILD VISITATION SUPERVISION

These guidelines provide information about supervised child visitation.

1. The child(ren) will not be left alone at any time with the person whose visit is being supervised.

2. The visitation supervisor’s judgment will not be questioned in front of the child(ren). Complaints about the supervisor’s decisions mustbe raised with the mediator, special master, or court at a later time.

3. The supervised person will not initiate any discussions with the child(ren) about the court case, about any allegations that have beenmade, about the other party, or about significant future plans, such as to live together or to take trips together.

4. The visitation supervisor must approve any gifts to be given to the child(ren) in advance.

5. The visitation supervisor must advise the court in writing if the supervised person violates any of the rules in these guidelines. Thevisitation supervisor must provide an oral or written summary of the visits if requested by the court.

6. The visitation supervisor is required by law (see Penal Code section 11166) to report to Child Protective Services if the visitationsupervisor has any knowledge, or reasonable suspicion, of any mental suffering inflicted upon the child(ren), if the child(ren)’semotional well-being is endangered in any other way, or if there is any instance of child abuse. The report must be made bytelephone as soon as possible. The 24-hour phone number to make reports to Child Protective Services in Alameda County is(510) 259-1800. If the incident or events occurred in another county, call Child Protective Services in that county. A visitationsupervisor who will be providing supervision outside of Alameda County should know the telephone number of the appropriate ChildProtective Services agency before the out-of-county visitation begins. Call Family Court Services at (510) 690-3500 with the reportas soon as possible after calling Child Protective Services. A written report must be submitted to Child Protective Services within 36hours on a form provided for this purpose. (Copies of the form are available from Family Court Services.)

of 1


County of AlamedaALA FL-015 [New January 1, 2009]

AGREEMENT FOR CHILD VISITATION SUPERVISIONPen. Code § 11160;

Standards of Judicial Administration § 5.20;Local Rule 5.20

ALA FL-015ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:



FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

PETITIONER:

RESPONDENT:

OTHER:

FOR COURT USE ONLY

AGREEMENT FOR CHILD VISITATION SUPERVISION

CASE NUMBER:

1. I (name of visitation supervisor):_________________________________________________________ agree to act as a supervisor

for visitation between (name of parent/guardian):_______________________________________________________________ and

(name of minor child/children): ________________________________________________________________________________.

under the court order dated __________________________, a copy of which has been given to me.

2. I understand that my principal responsibility is to observe these visits in person and to take action immediately if the minor child(ren)needs protection, reassurance, or a break of any kind from the visit. I agree to perform my duties as a visitation supervisordispassionately and without any bias or favoritism toward or against the supervised person.

3. I agree that I will report to the court or, if ordered by the court, to Family Court Services, if the supervised person violates any of therules described on the Guidelines for Child Visitation Supervision (form ALA FL-015-INFO) and, if ordered by the court, on all theobservations I make during the visits.

4. I agree that I will not, under any circumstances, leave the minor child or children with the supervised person outside my presence.

5. I have received a copy of the Guidelines for Child Visitation Supervision given to me by this court, understand them, and agree tofollow them. Specifically, I have read and understood my obligation to report any child abuse or any reasonable suspicion of childabuse to Child Protective Services.

6. I understand that if I fail to follow this agreement, I may be held in contempt of this court; I may put the safety of the minor child(ren)at risk; and I may make it difficult or impossible for the supervised person to continue to have visitation.

I have received copies of this Agreement for Child Visitation Supervision and the Guidelines for Child Visitation Supervision. Iunderstand and agree to comply with each of the provisions in the two forms. I understand that no supervision will take place until thevisitation supervisor has signed the Agreement for Child Visitation Supervision.

Date: ___________________________________________________

SIGNATURE OF SUPERVISED PARENT OR GUARDIAN

Date: ___________________________________________________

SIGNATURE VISITATION SUPERVISOR

___________________________________________________

___________________________________________________

___________________________________________________

ADDRESS AND PHONE NUMBER OF VISITATION SUPERVISOR




APPLICATION AND ORDER FOR MINOR’S COUNSEL FEES OVER CAP


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

APPLICATION AND ORDER FOR MINOR’S COUNSEL FEES OVER CAP CASE NUMBER:

1. I (name): declare that I am the attorney appointed to represent the minor in this action.

2. I have received $ in attorney’s fees to date. This amount is at or over the payment cap in the Alameda County Bar Association’s Civil Court Appointed Attorney Program rules.

3. In order to represent the minor(s) properly, I should perform the following additional services (specify):

4. To perform these services, the following hours of attorney time are required (specify):

Date: _________________________________________________________

ATTORNEY FOR MINOR

5. The request for attorney’s fees over the cap is GRANTED DENIED.

6. Additional fees not to exceed $ to be paid to the minor’s counsel.




ALA FL-030 [New January 1, 2008] SUMMARY OF CONTESTED AND RESOLVED ISSUES Local Rule 5.30(c)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

SUMMARY OF CONTESTED AND RESOLVED ISSUES CASE NUMBER:

1. The parties agree that the resolved issues are:

Custody/Visitation Child Support Spousal Support

Arrearages Property Valuation Property Valuation Date

Property Division Property Characterization Separation Date

Reimbursement Attorney’s Fees & Costs Contempt

Other (specify):

2. The parties agree that the contested issues are (specify):

3. Number of pages attached: _______

Date: _________________________________________________________

ATTORNEY FOR PETITIONER RESPONDENT OTHER

Date: _________________________________________________________



TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

APPLICATION AND ORDER FOR CONTINUANCE OF HEARING STATUS CONFERENCE

CASE NUMBER:

1. The parties request that the hearing or status conference set for (Date): at (Time): in Dept.

be continued in that department to (Date): at (Time): .

2. Availability of the requested date has been approved by the courtroom clerk and all parties agree to the terms of this application.

3. The parties agree that any existing temporary order previously issued by the court at the time of the filing of the subject motion, except orders issued under the Domestic Violence Prevention Act, shall remain in effect until the next hearing is held. The parties acknowledge that any temporary orders issued under the Domestic Violence Prevention Act will not remain in effect beyond the date upon which they are set to expire unless they are extended by a reissuance of the orders. An application for reissuance of temporary orders under the Domestic Violence Prevention Act, if requested, should be submitted with this form.

4. The parties agree that if this request is granted, Petitioner Respondent Other shall pay any required continuance fee within ten days of the date this form is mailed or faxed to the court, when this application and order is filed if it is filed in person, or before the hearing or conference is held, whichever is earliest.

Date: _________________________________________________________ ATTORNEY FOR PETITIONER RESPONDENT OTHER

Date: _________________________________________________________ ATTORNEY FOR PETITIONER RESPONDENT OTHER

Date: _________________________________________________________


5. The application for continuance of hearing or status conference is GRANTED and the matter is continued to the date and time requested with temporary restraining orders other than those issued under the Domestic Violence Prevention Act continued to the same date and time; or, the application for continuance is DENIED.

6. A request for reissuance of domestic violence prevention temporary orders was submitted with the above application. Under separate order, the reissuance was GRANTED; DENIED.


Page 1 of 1 Form Adopted for Mandatory Use

Superior Court of California, APPLICATION AND ORDER FOR CONTINUANCE OF HEARING Local Rule 5.35 County of Alameda

ALA FL-035 [Rev. July 1, 2008] OR STATUS CONFERENCE


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

CASE MANAGEMENT CONFERENCE QUESTIONNAIRE First Case Management Conference Long Cause Motion Trial

CASE NUMBER:

1. Check all issues on which you and the other party disagree or need orders:





Other (specify):

2. Discovery is not required finished not finished - Estimated completion date:

Discovery remaining to be completed (specify):

3. Mandatory Declaration of Disclosure (for Dissolution, Legal Separation, and Nullity cases only)

a. Petitioner has served Respondent with Preliminary Final Declaration of Disclosure

b. Respondent has served Petitioner with Preliminary Final Declaration of Disclosure

c. Do you need a deadline Yes No

4. Bifurcation of issues is requested on the following (specify):

5. Have parties or counsel met to discuss settlement: No Yes - How many times (specify):

6. Likelihood of settlement without court assistance (specify %):

7. Estimated time for trial (specify hours or days):

8. Non-expert witnesses (number): (names):

9. Expert witnesses (number): (names):

Date : _________________________________________________________


Page 1 of 1 Form Approved for Optional Use

Superior Court of California, CASE MANAGEMENT CONFERENCE QUESTIONNAIRE County of Alameda ALA FL-040 [Rev. January 1, 2008]



ALA FL-041 [New January 1, 2008] STATUS CONFERENCE QUESTIONNAIRE Local Rule 5.45(a)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

STATUS CONFERENCE QUESTIONNAIRE CASE NUMBER:

1. Check all issues on which you and the other party disagree or need orders:





Other (specify):

2. Discovery

a. Discovery remaining: Interrogatories Depositions Document Production.

b. Estimated completion of discovery (date):

c. Other (specify):

3. Mandatory Declaration of Disclosure (for Dissolution, Legal Separation, and Nullity cases only).

a. Petitioner has served Respondent with Preliminary Final Declaration of Disclosure.

b. Respondent has served Petitioner with Preliminary Final Declaration of Disclosure.

4. Bifurcation of issues is requested on the following (specify):

5. Parties or counsel have met to discuss settlement. How many times in person (specify): By phone (specify):

6. Likelihood of settlement without court assistance (specify %): With court assistance (specify %):

7. Case management under Family Code section 2450 et seq. is requested by Petitioner Respondent Other.

8. Estimated time for trial (specify hours or days):

9. Non-expert witnesses (number): (names):

10. Expert witnesses (number): (names):

Date _________________________________________________________





STIPULATION AND ORDER FOR VOLUNTARY SETTLEMENT CONFERENCE

Local Rule 5.25(c)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

STIPULATION AND ORDER FOR VOLUNTARY SETTLEMENT CONFERENCE

CASE NUMBER:

1. The parties and attorneys signing this form declare that:

a. Both parties have served their preliminary declarations of disclosure and filed proofs of service with the court.

b. The parties have met and conferred in a good faith attempt to settle the contested issues.

c. During the 90 days immediately following the submission of this stipulation, a party or attorney is unavailable for the following dates during the normal settlement conference calendar (list):

d. The settlement conference shall address: all issues following issues (specify):

e. Discovery on the issues identified in 1d is completed; will be completed at least 14 days prior to the conference.

f. Case management under Family Code section 2450 et seq. is requested by Petitioner Respondent Other.

g. The parties will comply with Local Rules regarding the submission of Settlement Conference Statements.

Date: _________________________________________________________


Date: _________________________________________________________


2. The request for voluntary settlement conference is GRANTED DENIED.

3. The matter is set for settlement conference on (date): at (time): in Dept:





REQUEST FOR STATUS CONFERENCE TO SET CASE FOR TRIAL

Local Rule 5.25(a)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

REQUEST FOR STATUS CONFERENCE TO SET CASE FOR TRIAL CASE NUMBER:

1. All parties have been served or have appeared.

2. Preliminary declaration of disclosure was filed on:

3. All necessary discovery is completed or will be completed within 60 days.

4. The estimated time for trial (specify hours or days):

Date: _________________________________________________________



TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

APPLICATION AND ORDER FOR CONTINUANCE OF LONG-CAUSE HEARING OR TRIAL AND/OR SETTLEMENT CONFERENCE

CASE NUMBER:

1. The case is set for long-cause hearing or trial and/or settlement conference as follows:

a. Long-cause hearing is set on (date): at (time): in Dept.

b. Trial is set on (date): at (time): in Dept.

c. Settlement conference is set on (date): at (time): in Dept.

2. Good cause exists for continuance because (specify):

3. During the 90 days immediately following the filing of this application, a party or attorney is unavailable on the following dates (list):

4. The parties agree that if this request is granted, Petitioner Respondent Other shall pay any required continuance fee within ten days of the date this form is mailed or faxed to the court, when this stipulation and order is filed if it is filed in person, or before the hearing or conference is held, whichever is earliest.

Date: _________________________________________________________


Date: _________________________________________________________


5. The application is GRANTED DENIED.

6. The case is reset as follows:

a. Long-cause hearing is set on (date): at (time): in Dept.

b. Trial is set on (date): at (time): in Dept.

c. Settlement conference is set on (date): at (time): in Dept.


Page 1 of 1 Form Adopted for Mandatory Use


ALA FL-055 [Rev. July 1, 2008]

APPLICATION AND ORDER FOR CONTINUANCE OF LONG-CAUSE HEARING OR TRIAL AND/OR SETTLEMENT CONFERENCE

Local Rule 5.40

LOCAL FORMS

JUVENILE



ALA-JV-001 [Rev. January 1, 2008]

APPLICATION AND ORDER TO CHANGE OR ADD A JUVENILE COURT DATE

Local Rule 5.504(b)

ALA JV-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

In the Matter of

(Name of Child):

FOR COURT USE ONLY

APPLICATION AND ORDER TO CHANGE OR ADD A JUVENILE COURT DATE

CASE NUMBER:

1. The attorney district attorney probation officer child welfare worker other (specify):_____________________________________ , requests that this matter, calendared for (specify nature of hearing): _______________________________________________________________ be: Advanced or vacated from date: ___________ time: ___________ department: ___________

Continued to date: ___________ time: ___________ department: ___________

Placed on calendar date: ___________ time: ___________ department: ___________

2. Good cause exists for this request because (specify):

3. The following have been contacted regarding this request: Agrees Opposes Unknown

a. The minor’s attorney: (name) _________________________________________________

in person by phone

b. The district attorney or county counsel: (name) _________________________________________________

in person by phone

c. The probation officer or child welfare worker:(name) _________________________________________________

in person by phone

d. The mother or partner’s attorney: (name) _________________________________________________

in person by phone

e. The father or partner’s attorney: (name) _________________________________________________

in person by phone

f. other (specify:) (name) _________________________________________________

in person by phone

4. The minor and parent(s) were notified by: (name) _________________________________________________

5. An interpreter is needed for (specify:)_________________________ in the following language (specify:)_______________________________

Date: __________________________________________________

(APPLICANT) 6. The application is: GRANTED DENIED. Date: __________________________________________________ (JUDICIAL OFFICER)

of 2

Form Adopted for Mandatory UseSuperior Court of California,

County of AlamedaALA JV-002 [Rev. January 1, 2008]

RECOMMENDATION, CERTIFICATION, AND ORDER FOR MEDICAL,SURGICAL, DENTAL, OR OTHER REMEDIAL CARE

Welf. & Inst. Code§§ 369 and 739

Local Rule 5.507(c)

ALA JV-002ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY


CASE NUMBER:

1. I (Name): declare that I am a duly licensed physician or dentist under the laws of the state.

My telephone number is: ; my fax number is:

2. I recommend that immunization, medical and dental examination, preventive, therapeutic and remedial medical and dentalprocedures, and psychiatric or psychological evaluation and treatment be provided to the minor who is the subject of this action asmay be deemed necessary or advisable in accordance with sound medical or dental practice.

3. I recommend that the following major OR minor surgical procedure(s) be performed (specify):

4. The minor’s current condition that necessitates the treatment is (specify):

5. The following consequences are to be expected if this treatment is not provided (specify):

6. The risks of the treatment are: (specify):

Date: _________________________________________________________

PHYSICIAN DENTIST OTHER (specify):

7. The undersigned Child Welfare Worker OR Deputy Probation Officer certifies as follows:

a. The parents, guardians, and/or caretakers of the minor are:

Mother or partner:

Father or partner:

Guardian:

Caretaker:

of 2

Form Adopted for Mandatory UseSuperior Court of California,

County of AlamedaALA JV-002 [Rev. January 1, 2008]


Welf. & Inst. Code§§ 369 and 739

Local Rule 5.507(c)

b. The whereabouts of the parent, guardian, or caretaker are unknown and the following efforts have been made to locate them(specify):

c. The parent, guardian, or caretaker is incapable of authorizing the treatment for the following reasons (specify):

d. The parent, guardian, or caretaker is unwilling to authorize the treatment for the following reasons (specify):

e. This matter has been set for a hearing on (specify):

f. Notice of the application and hearing, if any, has been given or attempted as follows (attach separate sheet if necessary todescribe attempts to provide notice) (specify):

e. Parental rights for the minor were terminated on (Specify date): in action (Specify case number):

Date: _________________________________________________________

CHILD WELFARE WORKER DEPUTY PROBATION OFFICER OTHER (specify):

QIC: _______________ _________________

PHONE: _______________ _________________ _______________

Date: _________________________________________________________

ATTORNEY FOR MINOR

8. The order for medical or dental care and treatment that has been recommended is GRANTED DENIED.

9. It is hereby ordered that the aforementioned physician or dentist is authorized to administer the medical, dental, surgical, or otherremedial care for the minor as is described and recommended by the practitioner.

Date: _________________________________________________________

(JUDICIAL OFFICER)



ALA JV-003 [Rev. January 1, 2008]

DECLARATION AND APPLICATION FOR ACCESS TO JUVENILE COURT RECORDS

Local Rule 5.512(b)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME



OTHER:

FOR COURT USE ONLY

DECLARATION AND APPLICATION FOR ACCESS TO JUVENILE COURT RECORDS

CASE NUMBER:

1. a. I declare that I am the

parent or guardian OR Court Appointed Special Advocate OR Deputy District Attorney OR Other (specify):

of (Specify minor’s name):

b. My name is: My address is: My telephone number is:

2. I am requesting inspection only OR inspection and copying of the following records (specify):

3. I understand that I may have to pay a reasonable fee for the cost of photocopying any requested documents.

4. I understand these records are confidential and can be used only for the purposes stated in this application.

5. I declare that the information in this application is true and correct and make this declaration under penalty of perjury under the laws of the State of California.

Date: _________________________________________________________

SIGNATURE

_________________________________________________________

PRINT OR TYPE NAME



ALA JV-004 [New January 1, 2008]

FAMILY COURT STIPULATION AND ORDER DISMISSING JUVENILE COURT CASE

Local Rule 5.511(c)(1)


TELEPHONE NO.:



FAX NO. (Optional):


STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME

In the Matter of

(Name of Child):

FOR COURT USE ONLY

FAMILY COURT STIPULATION AND ORDER DISMISSING JUVENILE COURT CASE

CASE NUMBER:

1. There is a related Family Court case involving the minor named above, Case No. (specify): 2. The parties have reached a stipulation for custody and/or visitation in the Juvenile Court matter, a copy of which is attached. 3. The parties agree that upon filing of the attached stipulation in the Family Court matter, this Juvenile Court matter may be ordered dismissed. Date: __________________________________________________

Attorney for Petitioner Petitioner

Date: __________________________________________________

Attorney for Respondent Respondent

Date: __________________________________________________

Attorney for Minor

Date: __________________________________________________

Attorney for other (specify): Other (specify):

Good cause appearing, the foregoing stipulation of the parties is approved. The stipulation is ordered filed in the Family Court matter and upon signature of the judge assigned that matter, this Juvenile Court matter is ordered dismissed without prejudice. Date: __________________________________________________ (JUDICIAL OFFICER)

LOCAL FORMS

MISDEMEANOR

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA PEOPLE v. CASE NO.: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM INSTRUCTIONS: Fill out this form if you wish to plead guilty or no contest to the charge(s) against you. Initial each item in the boxes to the right if you fully understand and agree with the corresponding statement. If you have any questions about the rights you are giving up or the possible consequences of a conviction, ask your attorney or the judge.

CONSTITUTIONAL RIGHTS AND WAIVERS 1. Right to an attorney: I understand I have the right to be represented by an attorney throughout the

proceedings. If I cannot afford to hire an attorney, the court will appoint one to represent me at public expense. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself.

1

1a 1a. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an

attorney.)

2 2. Right to a jury trial: I understand I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt.

2a 2a. I give up the right to a jury trial.

3. Right to confront witnesses: I understand I have the right to confront and cross-examine all witnesses

testifying against me. 3

3a 3a. I give up the right to confront and cross-examine witnesses.

4. Right against self-incrimination: I understand I have the right to remain silent and not incriminate

myself, but that by pleading guilty or no contest, or admitting prior convictions or probation violations, I am incriminating myself.

4

4a 4a. I give up the right against self-incrimination.

5. Right to produce evidence: I understand I have the right to present evidence in my own defense at

trial, and to have the court issue subpoenas to bring into court witnesses and evidence favorable to me. 5

5a 5a. I give up the right to present evidence in my own defense.

6 6. (If applicable) I give up my right to be sentenced and treated pursuant to Proposition 36.

7 7. Right to appeal: I give up my right to appeal from this conviction, including an appeal from the denial of any pretrial motions.

8. Prior convictions, enhancements and probation violations: (If applicable) I understand I have all the

rights listed above for all the charges against me, including any charged prior convictions and probation violations. However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a judge.

8

Form Adopted For Mandatory Use

Superior Court of California County of Alameda

ALA CR–002 [New January 1, 2011]

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

Page 1 of 4

PLEA 9. I understand I am pleading guilty or no contest and admitting the following offenses, prior convictions,

and special punishment allegations, with the maximum punishment indicated below. Accordingly, I plead guilty no contest to these charges and allegations. (Use page 3 if more space is needed)

9

Count Charge Priors/Allegations Maximum Sentence – Jail/ Fines

10. I understand I am also charged with violating my probation in Case No.(s): ____

10 and I freely and voluntarily admit the probation violation(s). (Use page 3 if more space is needed)

CONSEQUENCES OF PLEA

11. I understand I will receive the following sentence: (Use page 3 if more space is needed) Probation: County Jail: 11 Fines: Restitution: Counseling, Classes, and Programs: Protective Orders: Volunteer Work: Driver’s License Restriction, Suspension, or Revocation: Driving Under the Influence Program: Other Consequences: No other promises have been made to me.

12 12. I understand if I am not a citizen of the United States, this conviction may result in deportation, exclusion

from admission to the United States, or denial of naturalization as a United States citizen. 13. I understand a plea entered in this case may be grounds for revocation of probation or parole which has

been previously imposed on me in any other case(s). 13

14 14. I understand the conviction resulting from this plea can be used to increase future charges and sentences.

15. (If applicable) I understand Penal Code section 12021(c)(1) provides that I may not own or possess

firearms for 10 years. If I now own or possess a firearm, I must transfer or dispose of that firearm within 30 days, and file the attached FD-110 form with the court. Failure to comply with this section may result in either a fine not exceeding $1,000, or imprisonment in the county jail or state prison, or both.

15

16. I have discussed the charge(s), facts, and possible defenses with my attorney. 16 17. There is a factual basis for the plea(s) in this case.

17 18. I understand I have the right to be sentenced not less than 6 hours nor more than 5 days after my plea.

I give up this right and agree to be sentenced at this time. 18

19. I understand I have the right to enter my plea before and to be sentenced by a judge. I give up this right

and agree to enter my plea before and be sentenced by the following commissioner or temporary judge: 19





Page 2 of 4

ADDITIONAL PAGE

9. (Continued from page 2)





Page 3 of 4

Count Charge Priors/Allegations Maximum Sentence – Jail/ Fines

____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

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5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26





Page 4 of 4

I HAVE PERSONALLY INITIALED EACH OF THE FOREGOING BOXES AND UNDERSTAND EACH AND EVERY ONE OF THE RIGHTS AND CONSEQUENCES

My true and correct name is: (please print)

Date:

(SIGNATURE OF DEFENDANT) WAIVER AND PLEA IN MY ABSENCE (IF APPLICABLE) 1. I specifically waive my right to personally enter my plea. I waive my right to be personally present when sentence is

imposed. I waive my right to personally address the court in mitigation of any sentence which might be imposed. 2. I hereby authorize and direct my attorney, , to enter a plea

of guilty no contest in my absence. My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence, including probation, on my behalf and in my absence.

Date:

(SIGNATURE OF DEFENDANT)

ATTORNEY’S STATEMENT I am the attorney of record for the defendant. I have gone over this form with my client, explained his or her rights, and answered all of my client’s questions regarding this plea. I have discussed the facts of this case with my client, including the elements of the offense(s) charged and any possible defenses and consequences of a plea of guilty or no contest, including immigration consequences if applicable. I concur in my client’s decision to waive his or her rights and enter this plea, and believe that my client is doing so knowingly, intelligently, and voluntarily. Date: (SIGNATURE OF ATTORNEY) INTERPRETER’S STATEMENT (IF APPLICABLE) I, , having been duly sworn or having a written oath on file, certify that I truly translated this form (check if applicable) and all other attachments, to the defendant in the language noted below. The defendant stated that he or she understood the contents on the form(s) and then initialed and signed the form(s). Language: Spanish Other (specify): Date: (SIGNATURE OF INTERPRETER) COURT’S FINDINGS AND ORDER The court, having reviewed this form and any attachment, and having questioned the defendant concerning the defendant’s constitutional rights and admission of prior conviction(s), enhancements and probation violation(s), if any, finds that the defendant has expressly, knowingly and intelligently waived his or her constitutional rights. The court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea(s). The court accepts the defendant’s plea(s), the defendant’s admission of the prior conviction(s), enhancements and probation violation(s), if any, and orders them entered in the record and this form filed in the case noted above. Date:

(SIGNATURE OF:) Judge of the Superior Court Commissioner Temporary Judge

Form Adopted For Mandatory Use Superior Court of California

County of Alameda ALA CR–002A [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: VC 14601 PENALTIES Page 1 of 2

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA

MISDEMEANOR PLEA ATTACHMENT: VC 14601 PENALTIES PEOPLE v. CASE NO.:

INSTRUCTIONS: Read this form if you are pleading guilty or no contest to charges of driving with a suspended, revoked or restricted license. Sign the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.

SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION OR RESTRICTION

Vehicle Code

Section

First Offense Second or Subsequent Offense; Prior Convictions Within 5 Years of Sections

14601, 14601.1, 14601.2 or 14601.5 14601 Jail: 5 days to 6 months.

Fine: $300 to $1,000 plus penalty assessments.

Jail: 10 days to 12 months; 10 days jail mandatory with probation. Fine: $500 to $2,000 plus penalty assessments.

14601.1 Jail: Maximum 6 months. Fine: $300 to $1,000 plus penalty assessments.

Jail: 5 days to 12 months. Fine: $500 to $2,000 plus penalty assessments.

14601.2 Jail: 10 days to 6 months; 10 days jail mandatory with probation. Fine: $300 to $1,000 plus penalty assessments. Ignition Interlock Device required.

Jail: 30 days to 12 months; 30 days jail mandatory with probation. Fine: $500 to $2,000 plus penalty assessments. Ignition Interlock Device required.

14601.2 as Habitual Traffic Offender

If I have been designated as a habitual traffic offender within three (3) years of this conviction, I will be sentenced to serve an additional 180 days jail and pay an additional $2,000 fine plus penalty assessments. [VC 14601.3 (e)(3)]

14601.5 Jail: Maximum 6 months. Fine: $300 to $1,000 plus penalty assessments.

Jail: 10 days to 12 months; 10 days jail mandatory with probation. Fine: $500 to $2,000 plus penalty assessments. Note: Vehicle Code section 14601.3 also constitutes a prior conviction for this offense.

Section First Offense Second or Subsequent Offense; Prior Convictions Within 7 Years of Section 14601.3

14601.3 Jail: 30 days. Fine: $1,000 plus penalty assessments.

Jail: 180 days. Fine: $2,000 plus penalty assessments.

SENTENCE FOR DRIVING WITHOUT A VALID LICENSE [VEHICLE CODE SECTION 12500(a)

Jail: Maximum 6 months. Fine: Maximum $1,000 plus penalty assessments.


County of Alameda ALA CR–002A [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: VC 14601 PENALTIES Page 2 of 2

MISDEMEANOR PLEA ATTACHMENT: VC 14601 PENALTIES

1. Impound: I understand that if I am the registered owner of the vehicle used in this offense, the court may impound the vehicle at my own expense for up to 180 days on my first conviction, and up to 12 months for a subsequent conviction. (VC 14602.5, 23592)

2. Ignition Interlock: I understand that if I am convicted of violating Vehicle Code section 14601.2 or

sections 14601, 14601.1 or 14601.5 as a lesser offense to a charge of section 14601.2, the court must order that I install an ignition interlock device on any vehicle I own or operate for up to 3 years, that such a device will prevent the vehicle from starting if I have alcohol in my body, and that I am responsible for the expense of properly maintaining that device. I also understand that installation of this device does not authorize me to drive without a valid license. (VC 23575)

3. DMV Actions Separate: I understand that the DMV may restrict, suspend, or revoke my license,

require completion of a drinking driver program and the installation of an ignition interlock device as a result of my arrest or conviction. I understand that these actions are additional to and separate from actions taken by the court.

4. Vehicle Sale: I understand that, if I am the registered owner of the vehicle that I drove in committing

this offense, the court may declare the vehicle to be a nuisance and order that it be sold if I have been previously convicted of violating Vehicle Code sections 12500(a), 14601, 14601.1, 14601.2, 14601.3, 14601.4 or 14601.5. (VC 14607.6)

I have read and I understand all of the information on these two pages. Date:




ALA CR–002B [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES

Page 1 of 2


MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES PEOPLE v.: CASE NO.: INSTRUCTIONS: Read this form if you are pleading guilty or no contest to charges of driving under the influence. Sign the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.

BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23152 (a) and (b)

Offense Sentence With No Probation Sentence With 3 to 5 Years Probation First DUI Offense within 10 years

Jail: 96 hours to 6 months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 6-10 months; surrender license to court.

Jail: 48 hours (optional) to 6 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 3 or 9 months. DMV suspends license 6-10 months; surrender license to court.

Second DUI Offense within 10 years

Jail: 90 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 24 months; surrender license to court.

Jail: Either 96 hours (in minimum 48-hour blocks) or 10 days to 12 months jail. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV suspends license 24 months; surrender license to court.

Third DUI Offense within 10 years

Jail: 120 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. DMV revokes license 36 months; surrender license to court. Declared a habitual traffic offender for 36 months.

Jail: 120 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. DMV revokes license 36 months; surrender license to court. Declared a habitual traffic offender for 36 months. Mandatory completion of alcohol/drug program for minimum 18 to 30 months (if not already completed).

Fourth DUI Offense within 10 years

Prison (16, 24 or 36 months) or jail (6-12 months). Fine: $390 to $1,000 plus penalty assessments. DMV revokes license 48 months; surrender license to Court. Declared a habitual traffic offender for 36 months.

Jail: 6-12 months. Fine: $390 to $1,000 plus penalty assessments. Probation Revocation fine ($100 to $1,000) suspended. DMV revokes license 48 months; surrender license to Court. Optional alcohol/drug program for minimum 18 or 30 months with jail term of 30 days to 12 months. Declared a habitual traffic offender for 36 months.


Offense Sentence With No Probation Sentence With 3 to 5 Years Probation First Offense within 10 years


Jail: 5 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of minimum 3-9 month alcohol/drug program. DMV suspends license 12 months; surrender license to Court.

Second DUI Offense within 10 years

Prison (16, 24 or 36 months) or jail (120 days to 12 months). Fine: $390 to $5,000 plus penalty assessments. DMV revokes license 36 months; surrender license to court.

Option A: Same jail term and fine as no probation, plus Probation revocation fine ($100 to $1,000) suspended.

Option B: Jail: 30 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV revokes license 36 months; surrender license to court.



ALA CR–002B [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: DUI PENALTIES

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MISDEMEANOR PLEA ADDENDUM: DUI PENALTIES

1. Commercial Licenses: I understand that special provisions of the Vehicle Code apply if I held a commercial driver’s license when the offense was committed.

2. Impound: I understand that if I am the registered owner of the vehicle used in this offense, the court may impound the vehicle at my own expense for up to 30 days on my first conviction; unless good cause is otherwise shown, I understand that the court must impound the vehicle at my own expense for up to 30 days if this is my second offense within 5 years, and must impound the vehicle for up to 90 days at my own expense if this is my third offense within 5 years. (VC 23592)

3. Vehicle Sale: I understand that the court may declare the vehicle I drove in committing this offense to be a nuisance and order that it be sold if I committed any of the following violations: Penal Code sections 191.5 or 192(c)(3); Vehicle Code section 23152 that occurred within 7 years of two or more separate offenses of Vehicle Code sections 23152 or 23153 or Penal Code sections 191.5 or 192(c)(3); Vehicle Code section 23153 that occurred within 7 years of one or more separate offenses of Vehicle Code sections 23152 or 23153 or Penal Code sections 191.5 or 192(c)(3). (VC 23596)

4. Ignition Interlock: I understand that the DMV will require that I install an ignition interlock device on any vehicle I own or operate for up to 4 years, that such a device will prevent the vehicle from starting if I have alcohol in my body, and that I am responsible for the expense of properly maintaining that device. I also understand that installation of this device does not authorize me to drive without a valid license. (VC 23700)

5. If I Was Under 21: I understand that if I was under 21 at the time of my arrest, the DMV will suspend my license (or delay its issuance) for 1 year, and I must surrender my license to the court. (VC 13202.5)

6. Refusal Or High Blood Alcohol: I understand that if my blood alcohol was .15 percent or above, or if I refused to submit to a chemical test, the court will consider this in determining whether to increase the penalties, grant probation, or impose additional terms of probation. (VC 23577, 23578)

7. Passenger Under 14: I understand that if I had a passenger under 14 years of age at the time I committed the offense the court must add 48 continuous hours in jail to a first conviction for Vehicle Code section 23152. I also understand that the court must add 10 days jail if I have one prior conviction within 10 years for violating Vehicle Code sections 23152 or 23153; 30 days jail for two prior convictions; and 90 days jail for three prior convictions. (VC 23572)

8. Speeding: I understand that if I was driving recklessly 30 or more miles per hour above the speed limit on a freeway (or 20 or more miles per hour above the speed limit on any other street or highway) while committing a violation of Vehicle Code section 23152 or 23153, the court will add 60 days jail to my sentence. If this is my first offense, the court will require me to complete an alcohol/drug program even if I am not given probation. (VC 23582)

9. DMV Actions Separate: I understand that the DMV may restrict, suspend, or revoke my license, require completion of a drinking driver program and the installation of an ignition interlock device as a result of my arrest or conviction, even if the court does not require it. I understand that these actions are additional to and separate from actions taken by the court. I understand that, if suspended or revoked, my driving privilege will not be restored unless I have provided proof satisfactory to the DMV that I have successfully completed the required drinking driver program and proof of financial responsibility.

10. DUI Danger: I understand that being under the influence of alcohol or drugs or both impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, I can be charged with murder. (VC 23593)

I have read and I understand all of the information on these two pages. Date:



MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5

PEOPLE v. CASE NO.: INSTRUCTIONS: Read this form if you are pleading guilty or no contest to a charge of reckless driving, reduced from charges of driving under the influence. Sign the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.

BASIC CONSEQUENCES FOR CONVICTION OF

VEHICLE CODE SECTION 23103 / 23103.5 Offense Sentence With No Probation Sentence With Up to 3 Years Probation

VC 23103 as lesser offense to any DUI charge

Jail: 5 to 90 days and/or a fine of $145 to $1,000 plus penalty assessments. Serves as prior DUI conviction for 10 years.

Jail: up to 90 days and/or a fine of $145 to $1,000 plus penalty assessments. Probation revocation fine suspended. Attendance at alcohol/drug program required unless good cause shown. Serves as prior DUI conviction for 10 years.


Offense Sentence With No Probation Sentence With 3 to 5 Years Probation Second DUI offense within 10 years


Jail: Either 96 hours (in minimum 48-hour blocks) or 10 days, to 12 months jail. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV suspends license 24 months; surrender license to court.


Offense Sentence With No Probation Sentence With 3 to 5 Years Probation Third DUI offense within 10 years

Jail (120 days to 12 months). Fine: $390 to $1,000 plus penalty assessments. DMV revokes license 36 months; surrender license to court.

Option A: Same jail term and fine as no probation, plus Probation revocation fine ($100 to $1,000) suspended. Option B: Jail: 30 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV revokes license 36 months; surrender license to court.


County of Alameda ALA CR–002C [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 Page 1 of 2

MISDEMEANOR PLEA ADDENDUM: VC 23103 / 23103.5

PROSECUTING ATTORNEY’S STATEMENT ON REDUCTION OF CHARGES The following facts show that the consumption of an alcoholic beverage and/or ingestion or administration of

drugs was involved in the offense(s) charged in this case:

The reason(s) for the reduction of the charges involved in this case are as follows:

Problems of Proof Another Offense is More Properly Charged Interest of Justice

The facts which lead to this conclusion are these:

Date: (SIGNATURE OF PROSECUTING ATTORNEY)

1. DMV Actions Separate: I understand that the DMV may restrict, suspend, or revoke my license, require completion of a drinking driver program and the installation of an ignition interlock device as a result of my arrest or conviction, even if the court does not require it. I understand that these actions are additional to and separate from actions taken by the court. I understand that, if suspended or revoked, my driving privilege will not be restored unless I have provided proof satisfactory to the DMV that I have successfully completed the required drinking driver program and proof of financial responsibility.

2. DUI Danger: I understand that being under the influence of alcohol or drugs or both impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, I can be charged with murder. (VC 23593)

3. If I Was Under 21: I understand that if I was under 21 at the time of my arrest, the DMV will suspend my license (or delay its issuance) for 1 year, and I must surrender my license to the court. (VC 13202.5)

I have read and I understand all of the information on these two pages.

Date: (SIGNATURE OF DEFENDANT)


County of Alameda ALA CR–002C [New January 1, 2011]

MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 Page 2 of 2


Appendix B Guideline for Attorney Fees

The following attorney fees will, under normal circumstances, be considered reasonable in civil actions providing for payment of attorney fees where the fees are not otherwise set by law. 1. Civil actions In any uncontested civil action where the obligation sued upon is a note, contract, or book account, the following fees: (a) For any principal amount awarded up to $5000.00, the fees are 25% of the

principal amount awarded or $300.00, whichever is greater; (b) For any principal amount awarded between $5000.01 and $15,000.00, the

fees are $1250.00 plus 20% of the principal amount awarded in excess of $5000.00;

(c) For any principal amount awarded between $15,000.01 and $25,000.00,

the fees are $3250.00 plus 15% of the principal amount awarded in excess of $15,000.00;

(d) For any principal amount awarded between $25,000.01 and $50,000.00,

the fees are $4750.00 plus 10% of the principal amount awarded in excess of $25,000.00; and,

(e) For any principal amount awarded over $50,000.00, the fees are $7250.00

plus 5% of the principal amount awarded in excess of $50,000.00. For any action on a contract based on a book account, the above fees are subject to the fees specifically allowed by Civil Code Section 1717.5. For any civil action also involving the foreclosure of a mortgage or deed of trust, the above fees are increased by 10%. 2. Claims of minors or incompetent persons In any action involving the claim of a minor or incompetent person, the following fees: (a) For any amount recovered prior to the introduction of a substantial part of

plaintiff’s case at trial, 25% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney.

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Appendix B Guideline for Attorney Fees

(b) For any amount recovered after the introduction of a substantial part of

plaintiff’s case at trial, 33 1/3% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney.

3. Unlawful detainers In any civil action for unlawful detainer when judgment is obtained by default or uncontested trial, the minimum fee is $375.00. 4. Extraordinary fees An attorney seeking fees in excess of the fees stated above must submit a written declaration with an itemized statement of services rendered to substantiate any claim for extraordinary fees. 5. Judicial discretion A judge retains complete discretion in awarding attorney fees based on the circumstances of the action. A judge may require an attorney to submit a declaration, itemized statement of services, and other supporting documentation to substantiate any claim for attorney fees. 6. Clerk’s judgment fees When the clerk is authorized by statute to enter judgment that includes attorney fees pursuant to an approved fee schedule, the clerk must use the above-approved fees when determining and entering the clerk’s judgment. The amount of attorney fees awarded must not exceed the amount of fees prayed for in the complaint. Appendix B reenacted and renumbered effective July 1, 2008; adopted as Item D in Appendix to Chapters 4 and 5 of the Local Rules effective August 1, 2000.

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Appendix C

Conservatorship (Probate & LPS) and Guardianship Fee Guidelinesfor the Public Guardian, the County Counsel, and the Public Defender

No fee or charge shall be taken without a prior written order of the court setting forththe fee or charge.

No fee or charge may be anticipated nor property encumbered without a prior writtenorder of the court setting forth the fee, charge, and/or encumbrance.

When there is a difference, the provisions in the Appendix supersede the provisionsin the main text of the local rules.

Size of estate Fee guidelines

$774.99 and under -0-

$775 – 1,499

10 % of balance to Public Guardian8 % of balance to County Counsel8 % of balance to Public Defender

$1,500 – 14,999

15 % of balance, with a maximum of $ 900 to Public Guardian10 % of balance, with a maximum of $ 700 to County Counsel10 % of balance, with a maximum of $ 700 to Public Defender

$15,000 – 44,999

9 % of balance, with a maximum of $ 1,050 to Public Guardian7 % of balance, with a maximum of $ 900 to County Counsel7 % of balance, with a maximum of $ 900 to Public Defender

$45,000 – 74,999

3.5 % of balance, with a maximum of $ 1,250 to Public Guardian3 % of balance, with a maximum of $ 1,000 to County Counsel3 % of balance, with a maximum of $ 1,000 to Public Defender

$75,000 – 104,999

2.5 % of balance, with a maximum of $ 1,400 to Public Guardian2 % of balance, with a maximum of $ 1,225 to County Counsel2 % of balance, with a maximum of $ 1,225 to Public Defender

$105,000 – 129,999

2 % of balance, with a maximum of $ 1,615 to Public Guardian1.75 % of balance, with a maximum of $ 1,445 to County Counsel1.75 % of balance, with a maximum of $ 1,445 to Public Defender

$130,000 – 244,999

1.9 % of balance, with a maximum of $ 3,000 to Public Guardian1.7 % of balance, with a maximum of $ 2,400 to County Counsel1.7 % of balance, with a maximum of $ 2,400 to Public Defender

$245,000 and above

1.9 % of balance, with a maximum of $ 4,000 to Public Guardian1.7 % of balance, with a maximum of $ 3,000 to County Counsel1.7 % of balance, with a maximum of $ 3,000 to Public Defender


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Appendix C

Conservatorship (Probate & LPS) and guardianship fee guidelines for thePublic Guardian, the County Counsel, and the Public Defender

(a) Claims for case set up and investigation

In probate cases, there is a case set up and investigation claim of $1,800 bythe Public Guardian and a case set up claim of $1,500 by County Counsel.These are requested at the time of the general plan and shall only be takenupon written court approval. The Public Defender may claim a case set upfee of $1,500.

(b) Claims for extraordinary compensation on sales of real property

Additionally, there may be a claim by the Public Guardian of $1,300 and bythe County Counsel of $1,000 on sales of real property. If the PublicGuardian seeks an amount more than $1,300 then the entire amount must besupported by declarations providing detailed information as to the servicesrendered. The Public Guardian may claim $350 on sales of personal propertyover $1,500. These claims may be taken only upon written court approval.

(c) Estates with substantial non-liquid assets

For estates with substantial non-liquid assets, Public Guardian, CountyCounsel, and Public Defender fees will be reserved until such time as theassets are liquidated or until the conservatee is deceased, whichever issooner.

(d) Claims for extraordinary legal services

For cases requiring extraordinary legal services, the County Counsel and thePublic Defender may submit itemized billings with the accounts, in declarationform, for fees in excess of the schedule amounts.

(e) Miscellaneous fee provisions

(1) In the final accounts where the conservatees or the wards aredeceased, the fee waiver provision is not applicable. The PublicGuardian, County Counsel, and Public Defender will claim 40%, 30%,and 30% respectively of the estate balance up to $4,600.

(2) In cases where the Public Defender is not appointed, the PublicGuardian and County Counsel will claim 55% and 45% respectively ofthe estate balance up to $3,400.


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Appendix C

Conservatorship (Probate & LPS) and guardianship fee guidelines for thePublic Guardian, the County Counsel, and the Public Defender

(3) On estates with balances on hand of $78,000 and over, the PublicGuardian, County Counsel and Public Defender will claim feespursuant to the schedule.

(4) In cases where the Public Guardian and County Counsel havefollowed the Probate Code section 2631 procedure to liquidate thedecedent’s estate and pay debts, additional fees of $700 to the PublicGuardian and $300 to the County Counsel will be claimed. Feesclaimed will be taken only upon written court approval.

Appendix C amended effective July 1, 2010; adopted as Attachment C to Chapter 12of the Local Rules effective July 1, 1999; previously amended effective January 1,2004; previously reenacted and renumbered effective July 1, 2008.