Rule 7.101.5. Electronic Generation of Mandatory Judicial Council Form Orders
This rule applies to the following mandatory Judicial Council form orders used in proceedings under the Probate Code:
(1)Order for Probate (form DE-140);
(2)Order Prescribing Notice (form DE-200/GC-022);
(3)Order Appointing Guardian ad Litem-Probate (form DE-351/GC-101);
(4)Order Dispensing With Notice (form GC-021);
(5)Order Fixing Residence Outside the State of California (form GC-090);
(6)Order Appointing Temporary Guardian or Conservator (form GC-140);
(7)Order Appointing Guardian of Minor (form GC-240);
(8)Order Terminating Guardianship (form GC-260);
(9)Order Appointing Court Investigator (form GC-330);
(10)Ex Parte Order Re Completion of Capacity Declaration-HIPAA (form GC-334);
(11)Order Appointing Probate Conservator (form GC-340); and
(12)Order Authorizing Conservator to Give Consent for Medical Treatment (form GC-385).
(1)"CCMS" is the California Case Management System, a statewide integrated software application for managing all case types in the superior courts of this state.
(2)"Electronic generation of a court order" is the electronic generation by a court of a Judicial Council form order listed in (a).
(c) Modification of electronically generated court orders
(1)Any court using CCMS for case management of proceedings under the Probate Code may modify any of the Judicial Council mandatory form orders listed in (a) by generating the order electronically in a way that includes in the order signed by the judicial officer only the party-appearance and other preliminary information, findings, and orders actually selected by the court.
(2)An electronically generated court order under this rule must express the findings and orders selected by the court in substantially the same language as the equivalent findings and orders in the Judicial Council form order, and must provide substantially the same party-appearance and other preliminary information provided in the form order.
(3)An electronically generated court order under this rule must have the same general appearance as the Judicial Council form order, including case name, case number, and court address captions and a footer, except that the order may be longer or shorter than the form order. The order must contain a recitation in the footer that it is an electronically generated court order in lieu of a mandatory Judicial Council form order under this rule.
(4)The orders listed in (a) are mandatory forms for all purposes under rule 1.31, except as provided in this rule. An order listed in (a) prepared and submitted to the court by a party or attorney for a party must be prepared on the mandatory Judicial Council form.
(5)A court that elects to electronically generate court orders under this rule may also use or require the use of the Judicial Council form orders listed in (a) in any individual case or proceeding.
(d) Notification to advisory committees
Any court electing to electronically generate court orders under this rule must send written notice of its election to do so to the Probate and Mental Health and the Court Technology Advisory Committees and submit additional informational reports as requested by either committee.
(e) Expiration date
Unless amended or reenacted by Judicial Council action effective after the effective date of this rule, this rule is repealed effective January 1, 2012.
Rule 7.101.5 adopted effective January 1, 2007.