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2014 California Rules of Court

Rule 2.575. Confidential information in name change proceedings under address confidentiality program

(a) Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

(1)"Confidential name change petitioner" means a petitioner who is a participant in the address confidentiality program created by the Secretary of State under chapter 3.1 (commencing with section 6205) of division 7 of title 1 of the Government Code.

(2)"Record" means all or a portion of any document, paper, exhibit, transcript, or other thing that is filed or lodged with the court.

(3)"Lodged" means temporarily placed or deposited with the court but not filed.

(b) Application of chapter

The rules in this chapter apply to records filed in a change of name proceeding under Code of Civil Procedure section 1277(b) by a confidential name change petitioner who alleges any of the following reasons or circumstances as a reason for the name change:

(1)The petitioner is seeking to avoid domestic violence, as defined in Family Code section 6211.

(2)The petitioner is seeking to avoid stalking, as defined in Penal Code section 646.9.

(3)The petitioner is, or is filing on behalf of, a victim of sexual assault, as defined in Evidence Code section 1036.2.

(c) Confidentiality of current name of the petitioner

The current legal name of a confidential name change petitioner must be kept confidential by the court as required by Code of Civil Procedure section 1277(b)(3) and not be published or posted in the court's calendars, indexes, or register of actions, or by any means or in any public forum. Only the information concerning filed records contained on the confidential cover sheet prescribed under (d) may be entered into the register of actions or any other forum that is accessible to the public.

(d) Special cover sheet omitting names of the petitioner

To maintain the confidentiality provided under Code of Civil Procedure section 1277(b) for the petitioner's current name, the petitioner must attach a completed Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home) (form NC-400) to the front of the petition for name change and every other document filed in the proceedings. The name of the petitioner must not appear on that cover sheet.

(e) Confidentiality of proposed name of the petitioner

To maintain the confidentiality provided under Code of Civil Procedure section 1277(b) for the petitioner's proposed name, the petitioner must not include the proposed name on the petition for name change or any other record in the proceedings. In any form that requests the petitioner's proposed name, the petitioner and the court must indicate that the proposed name is confidential and on file with the Secretary of State under the provisions of the Safe at Home address confidentiality program.

Rule 2.575 adopted effective January 1, 2010.

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