Invitations to Comment

Proposals currently open for public comment

Submitting comments

Please note that comments received will become part of the public record. You may submit comments online, or mail or E-mail them as specified beneath each proposal below.

Proposals Open for Public Comment by Topic
Alternative Dispute Resolution

(There are no items in this category.)

Appellate

Appellate Procedure: Record on Appeal–Civil Cases (PDF, 281 KB)
Item Number: SPR15-01
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on suggestions received from a superior court and an attorney, the proposal would revise the forms for designating the record on appeal in unlimited and limited civil cases to (1) change references to a fee waiver application’s being “attached to” the record designation form to “submitted with”; and (2) revise one of the forms to clarify that respondent must pay for additional proceedings that he or she designates to be included in the record.

Electronic Service: Authorization of Electronic Service on Trial and Appellate Courts (PDF, 184 KB)
Item Number: SPR15-02
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would amend rules 2.251 and 8.71 to authorize electronic service on consenting courts. There is some ambiguity in the rules regarding whether electronic service is authorized not only by, but also on, a court. The proposal would add language to clarify that electronic service on a court is permissible under the rules. It originated from the court executive officer of a superior court.

Appellate Procedure: Access to Electronic Appellate Court Records (PDF, 185 KB)
Item Number: SPR15-03
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from a justice of a Court of Appeal, the proposed new rules would address public access to electronic appellate court records. The proposed appellate rules are based on the existing rules regarding public access to electronic trial court records.

Appellate Procedure: Prehearing Conferences (PDF, 143 KB)
Item Number: SPR15-04
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

This proposal would amend the rule governing prehearing conferences in the Court of Appeal to limit the circumstances in which a prohibition on a justice’s participation in determining the appeal would apply. The rule would be amended to provide that a justice may not participate in or influence the determination of the appeal only when the settlement of the case was addressed at the prehearing conference. This proposal is based on a suggestion received from the presiding justice of a Court of Appeal.

Appellate Procedure: Contents of Normal Record in Felony Appeals (PDF, 151 KB)
Item Number: SPR15-05
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To save time and costs for courts associated with making and considering requests to augment the record and with preparing and transmitting supplemental reporter’s transcripts to the reviewing court, this proposal would add opening statements to the normal record in certain felony appeals—those in which a defendant appeals from a judgment of conviction other than a conviction obtained by plea or admission. This proposal originated from a suggestion submitted by the director of one of the appellate projects that assist the Courts of Appeal with appointed counsel in felony appeals.

Appellate: Appendixes (PDF, 136 KB)
Item Number: SPR15-06
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from an attorney, the proposal would amend the rule governing the use of appendixes in lieu of clerk’s transcripts in unlimited civil appeals to eliminate the provision encouraging parties to prepare a joint appendix.

Appellate Procedure: Costs on Appeal (PDF, 169 KB)
Item Number: SPR15-07
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from the State Bar of California’s Committee on Appellate Courts, the proposal would amend the rule governing costs on appeal to modify when a request for costs must be filed and revise the form for specifying these costs to be more consistent with the rule and better reflect appellate practice.

Small Claims Writs: New Procedures to Implement Code of Civil Procedure section 116.798 (PDF, 493 KB)
Item Number: SPR15-08
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed new rules and forms would implement a statutory mandate to develop procedural rules for certain writ proceedings on small claims rulings. The proposal also provides clarifying amendments to current rules and forms that apply to writ proceedings in the appellate division generally to the extent those apply to small claims proceedings relating to postjudgment enforcement actions.

Civil Practice and Procedure: Evidentiary Objections in Summary Judgment Proceedings (PDF, 691 KB)
Item Number: SPR15-09
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To reduce the amount of immaterial facts and evidence that are presented in motions for summary judgment, the proposal would amend rules relating to summary judgment motions. Specifically, rule 3.1350 would be amended to define “material facts” and clarify that the separate statement of undisputed material facts in support of or in opposition to a motion for summary judgment should include only material facts and not background facts or other facts that are not pertinent to the disposition of the motion. In addition, rule 3.1354 would be amended to eliminate one example of an objection on relevance grounds to evidence in support of summary judgment. The suggestion that led to this proposal originated with the Ad Hoc Advisory Committee on Court Efficiencies, Cost Savings, and New Revenue.

Civil and Small Claims

Timing of Electronic Service (PDF, 58 KB)
Item Number: LEG15-03
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Code of Civil Procedure section 1005 addresses the time of service of supporting and opposing papers for specified motions. It provides that the notice period before a hearing is extended a certain number of days—which vary depending on whether the motion is served by mail, facsimile transmission, express mail, or another method of overnight delivery—and it excludes certain papers from the extension. Although Code of Civil Procedure section 1010.6 and rule 2.251 of the California Rules of Court provide for electronic service and specify that the notice period before a hearing and any right or duty to act or respond within a specified period or on a date certain after service of the document are extended two court days if a document is served electronically, section 1005 of the Code of Civil Procedure does not include electronic service among the methods of service in that statute. The proposal would amend section 1005 to (1) clarify that service of motion papers may be made electronically, and (2) provide that if a document is served electronically, the notice period before a hearing is extended two court days.

Small Claims Writs: New Procedures to Implement Code of Civil Procedure section 116.798 (PDF, 493 KB)
Item Number: SPR15-08
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed new rules and forms would implement a statutory mandate to develop procedural rules for certain writ proceedings on small claims rulings. The proposal also provides clarifying amendments to current rules and forms that apply to writ proceedings in the appellate division generally to the extent those apply to small claims proceedings relating to postjudgment enforcement actions.

Civil Practice and Procedure: Evidentiary Objections in Summary Judgment Proceedings (PDF, 691 KB)
Item Number: SPR15-09
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To reduce the amount of immaterial facts and evidence that are presented in motions for summary judgment, the proposal would amend rules relating to summary judgment motions. Specifically, rule 3.1350 would be amended to define “material facts” and clarify that the separate statement of undisputed material facts in support of or in opposition to a motion for summary judgment should include only material facts and not background facts or other facts that are not pertinent to the disposition of the motion. In addition, rule 3.1354 would be amended to eliminate one example of an objection on relevance grounds to evidence in support of summary judgment. The suggestion that led to this proposal originated with the Ad Hoc Advisory Committee on Court Efficiencies, Cost Savings, and New Revenue.

Civil Cases: Continued Suspension of Case Management Rule (PDF, 125 KB)
Item Number: SPR15-10
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

In 2013, the Judicial Council amended the statewide rules of court on civil case management to give courts the discretion to exempt certain types or categories of general civil cases from the mandatory case management rules. The amendments were an emergency measure, intended to help courts to better address the state’s fiscal crisis by decreasing the time spent by court staff and judicial officers in filing case management statements, setting and holding individual case management conferences, and performing other actions required by the case management rules. The exemption provided in the rule was intended to be temporary, and by the terms of the amended rule applies only to cases filed before January 1, 2016. The proposal would extend the exemption in light of the continuing fiscal crisis.

Civil Forms: Proof of Service (PDF, 621 KB)
Item Number: SPR15-11
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

This proposal would correct two issues in a current optional Judicial Council form for providing proof of service in civil cases, regarding who can perform electronic service and when personal service may be accomplished by leaving a copy with an individual at an attorney’s office. This proposal originated from comments on the form received from several sources, including a legal publisher and two individual attorneys.

Telephone Appearances: Notice for Ex Parte Appearances and Notice Form (PDF, 125 KB)
Item Number: SPR15-12
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Recently, the Judicial Council adopted amendments to the telephonic appearances rule, rule 3.670. The primary impact of the rule changes was to include ex parte applications under the rubric of civil matters at which parties could, as a general rule, appear by telephone if appropriate notice was provided, and to shorten notice for all telephonic appearances from three days to two. This new proposal amends the rule to clarify certain of the service of notice provisions in light of the new two-day timeline and revises the Notice of Intent to Appear by Telephone (CIV-020) to correct the rule references and the time frame for notice.

Civil Forms: Gun Violence Restraining Orders (PDF, 521 KB)
Item Number: SPR15-13
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed new forms implement legislation effective January 1, 2016, found at Penal Code section 18100 et seq. The statutes provide a civil process to obtain a court order requiring a person to surrender, and prohibiting him or her from possessing, firearms and ammunition before the person uses a firearm to commit a crime. The Judicial Council is statutorily required to “prescribe the forms of the petitions and orders and any other documents required to implement the legislation.”

Civil Jury Instructions (CACI)

(There are no items in this category.)

Code of Judicial Ethics

(There are no items in this category.)

Court Interpreters

(There are no items in this category.)

Court Technology

(There are no items in this category.)

Criminal

Criminal Justice Realignment: Court jurisdiction over supervision revocation; calculation of time during supervision revocation (PDF, 66 KB)
Item Number: LEG15-01
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Penal Code sections 1203.2(a), 1170(h)(5)(B), and 3456(b) would be amended to enhance court jurisdiction over all forms of supervision revocations by clarifying that when supervision has been revoked, summarily or otherwise, the time that elapses during revocation shall not be credited toward any period of supervision. This proposal, developed at the request of judges, would preserve court jurisdiction to reinstate supervision and harmonize the statutory provisions that address tolling of supervision time during a period of revocation.

Criminal Procedure: Petition and Order for Dismissal (PDF, 120 KB)
Item Number: SPR15-14
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would revise the Petition for Dismissal (form CR-180) and Order for Dismissal (form CR-181) in response to recent legislation that provides dismissal relief to certain victims of human trafficking and defines the maximum sentence for misdemeanors.

Criminal Procedure: Petition and Order for Dismissal (Military Personnel) (PDF, 154 KB)
Item Number: SPR15-15
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Two new optional forms, a Petition for Dismissal (Military Personnel) (CR-183) and an Order for Dismissal (Military Personnel) (CR-184) are proposed in response to recent legislation that authorizes courts to order dismissal relief to certain defendants who acquired a criminal record due to a mental health disorder stemming from service in the United States military. The proposed forms would incorporate the new statutory basis for relief.

Criminal Jury Instructions (CALCRIM)

(There are no items in this category.)

Domestic Violence

Domestic Violence—Request to Modify or Terminate Domestic Violence Restraining Orders; Family Law—Changes to Request for Order Rules and Forms (PDF, 1072 KB)
Item Number: SPR15-16
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

In recent years, the Family and Juvenile Law Advisory Committee has been developing two separate proposals in the areas of Domestic Violence (concerning the modification or termination of restraining orders) and Family Law (relating to Request for Order rules and forms). Although the impetus for each proposal originates from different sources, there is significant overlap in the forms that would be affected by the proposals. For example, each proposes several changes to Request for Order (form FL-300) and Responsive Declaration to Request for Order (form FL-320). The proposals are being circulated together as they concern a number of important overlapping issues for family law and domestic violence legal communities to consider.

Domestic Violence Law—Get Ready for the Restraining Order Court Hearing (PDF, 547 KB)
Item Number: SPR15-17
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Form DV-520-INFO, Get Ready for the Court Hearing, is available for optional use by courts to provide information to litigants about preparing for a domestic violence restraining order hearing, hundreds of which are held each day in courts throughout the state. Courts report finding the form helpful; however, the current version includes information that can be confusing and, as a result, may cause unnecessary difficulties and delays at hearings. Rather than continuing to provide legally inaccurate information, some courts have chosen not to use the form and do not have a substitute readily available. Additionally, this form remains on the public website, so litigants may be relying on it to their detriment. The proposal would revise the form in so that it is clearer, is legally accurate, and as a result, accomplishes the original goal in adopting the form: to inform litigants and assist in making these complex and important hearings run more smoothly.

Elder and Adult Abuse

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Enhanced Collections

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Facilities

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Family and Juvenile

Family and Juvenile Law: Juvenile Court Final Custody Orders (PDF, 1145 KB)
Item Number: SPR15-18
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would clarify the procedures and requirements that apply when the juvenile court terminates its jurisdiction over a child and returns custody of the child to one or more parents on terms ordered by the court. The proposal is intended to provide a family court, to which a request for modification or termination of the order is made, with sufficient information to determine whether there has been a significant change of circumstances and, if so, whether the requested modification is in the best interest of the child. The proposed amendments and revisions would also update references to current statutes and rules, incorporate gender-neutral language consistent with AB1403 when appropriate, conform to recent case law, and maintain consistency with recent and proposed revisions to the Judicial Council forms for family court custody orders.

Family Law: New Form and Revisions to Forms for Stepparent and Additional-Parent Adoptions (PDF, 283 KB)
Item Number: SPR15-19
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Recent legislation modified the law regarding stepparent adoptions and certain other adoptions. The changes that would be made by this proposal – creating one new adoption form and revising four existing adoption forms – are required to implement the new California laws.

Juvenile Law: Sealing of Records (PDF, 858 KB)
Item Number: SPR15-20
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed new and amended rules and forms would implement the provisions of two recently enacted statutes. AB1006 directed the Judicial Council to develop informational materials and a form to enable a former ward or individual for whom a petition was filed under Welfare and Institutions Code section 602, or any individual who had contact with a probation department under section 626, to petition the court for the sealing and destruction of juvenile records under section 781 and rule 5.830. Section 781(g) provides that each county probation department and court must ensure that record-sealing information and a form petition are provided to eligible youth. It also instructs that the sealing information and the form petition “shall be provided . . .when jurisdiction is terminated or when the case is dismissed.” After the council circulated a proposal for comment to implement these requirements, new legislation was enacted that requires the court to automatically dismiss and seal the records for many juvenile wards.

Juvenile Law: Extended Foster Care (PDF, 1065 KB)
Item Number: SPR15-21
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would (1) implement the provisions of AB2454 allowing specified youth to petition the court to assume jurisdiction over them as nonminor dependents, and to (2) provide further guidance on the implementation of prior legislation authorizing extended foster care to age 21. The legislation allows youth between the ages of 18 and 21 who were placed in guardianships or adopted out of foster care and whose guardians or adoptive parents have died or are no longer providing support to the youth to petition the court to enter foster care as nonminor dependents if they are willing to meet the eligibility criteria. The rule and forms that currently allow youth to petition for reentry would be modified to accommodate these new petitioners. In addition, this proposal would clarify the requirements for other extended foster care processes to address concerns raised by courts as implementation has proceeded.

Juvenile Delinquency: Documenting Wobbler Determination (PDF, 98 KB)
Item Number: SPR15-22
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Form JV-665, Disposition—Juvenile Delinquency, would be revised to clarify documentation of a wobbler (felony or misdemeanor public offense) determination.

Juvenile Law: Proceedings Before a Referee (PDF, 84 KB)
Item Number: SPR15-23
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed amendment to rule 5.538(b)(3) would make the rule consistent with a statutory change to Welfare and Institutions Code section 248, subdivision (b)(1). The amendment would permit a referee’s findings and orders to be personally served in court on a party who is present at the hearing rather than exclusively by mail, as currently provided in the rule.

Juvenile Law: Detention (PDF, 140 KB)
Item Number: SPR15-24
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would conform the amended rules and forms to recent statutory changes to the options for children detained in juvenile hall who are dependents of the court under Welfare and Institutions Code section 300 and to the requirements when children remain detained in juvenile hall after a dispositional order committing the child or placing the child in foster care.

Juvenile Law: Substance Abuse Treatment Facilities and Placement (PDF, 615 KB)
Item Number: SPR15-25
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would amend four rules to conform to recent statutory changes to the factors a juvenile dependency court must consider when determining whether to release or detain a child.

Juvenile Law: Sibling Visitation (PDF, 183 KB)
Item Number: SPR15-26
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would implement recent statutory changes giving dependency courts the authority to order visitation between dependent and nondependent siblings in specified circumstances. These changes have created new requirements related to sibling visitation, such as requiring more detailed information in social worker reports and probation officer case plans, and requiring courts to make a renewed finding when renewing any suspension of sibling interaction. The statutory changes have also made both current and new sibling placement and visitation requirements apply to children under the jurisdiction of the delinquency court.

Family and Juvenile Law: Transfers of Indian Child Welfare Act (ICWA) proceedings to Tribal Court (PDF, 694 KB)
Item Number: SPR15-27
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would implement provisions of SB1460, which amended section 305.5 of the Welfare and Institutions Code and added sections 381 and 827.15 concerning the transfer of juvenile court proceedings involving an Indian child from the jurisdiction of the juvenile court to a tribal court. The proposed rule amendments and form revisions are also in response to the decision of the Court of Appeal, First Appellate District in In re M.M. (2007) 154 Cal.App.4th 897, which implicates an objecting party’s right to appeal a decision granting a transfer to a tribal court.

Special Immigrant Juvenile Predicate Findings (PDF, 274 KB)
Item Number: SPR15-28
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed rule and forms are needed to implement SB873, which clarified the superior court’s authority to make predicate findings to enable an undocumented child to petition the federal government for classification as a Special Immigrant Juvenile (SIJ) and incorporated relevant elements of the federal Immigration and Nationality Act (INA) into California law. The proposed rule and forms are intended to specify the process for requesting SIJ predicate findings from a court in a family law, probate guardianship, juvenile dependency, or juvenile delinquency proceeding, and to supply the court with a sufficient factual basis to make accurate, just, and effective findings if warranted under California law.

Judicial Administration

Trial Court Management: Public Access to Administrative Decisions of Trial Courts (PDF, 112 KB)
Item Number: SPR15-30
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Amendments to Government Code section 68106, which took effect on January 1, 2012, created new requirements for public notice and comment when trial courts decide to close court facilities or reduce hours. These requirements are inconsistent with the requirements of rule 10.620, and trial courts have faced confusion in determining how notice is to be provided. The proposal would amend the rule to repeal those provisions that are inconsistent with Gov. Code section 68106, leaving the statute as the sole governing authority regarding notice where it is applicable, and to make the language of the rule regarding posting of notice at court facilities consistent with section 68106.

Trial Courts: Permanent Authorization for Remote Video Proceedings in Traffic Infraction Cases (PDF, 198 KB)
Item Number: SPR15-31
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Rule 4.220 authorizes trial courts to establish remote video pilot projects by local rule, subject to the approval of the Judicial Council, in cases involving traffic infraction violations. The rule only remains in effect until January 1, 2016, unless the council amends the rule. This proposal would remove the sunset language in rule 4.220 and convert the rule into a standing rule of court. The amendments would allow trial courts to conduct remote video proceedings (RVP) in eligible traffic cases after January 1, 2016, so long as the courts adopt a local rule permitting RVP, notify the council, and comply with a semiannual reporting requirement. Minor changes would also be made to form TR-500-INFO to eliminate references to the pilot project. This proposal originated from the Superior Court of Fresno County, which has successfully implemented a pilot project under the current rule.

Rules Modernization Project: Modernize the Rules of Court to Facilitate E-Business, E-Filing, and E-Service Executive Summary and Origin (PDF, 882 KB)
Item Number: SPR15-32
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would amend various rules in titles 2, 3, 4, 5, 7, and 8 of the California Rules of Court. Minor, non-substantive amendments would be introduced to the rules in order to facilitate modern e-business practices, e-filing, and e-service.

Judicial Branch Administration: Changes to Replace the Names “Administrative Office of the Courts” and “AOC” (PDF, 670 KB)
Item Number: SPR15-33
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The internal chairs of the Judicial Council’s five internal committees, recommend that the California Rules of Court and Standards of Judicial Administration be amended and Judicial Council forms be revised to replace the name “Administrative Office of the Courts” and “AOC” with “Judicial Council,” or “Judicial Council staff,” as appropriate, to further effectuate the name change that began in July 2014.

Legislative Proposals

Criminal Justice Realignment: Court jurisdiction over supervision revocation; calculation of time during supervision revocation (PDF, 66 KB)
Item Number: LEG15-01
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Penal Code sections 1203.2(a), 1170(h)(5)(B), and 3456(b) would be amended to enhance court jurisdiction over all forms of supervision revocations by clarifying that when supervision has been revoked, summarily or otherwise, the time that elapses during revocation shall not be credited toward any period of supervision. This proposal, developed at the request of judges, would preserve court jurisdiction to reinstate supervision and harmonize the statutory provisions that address tolling of supervision time during a period of revocation.

Probate: Statements of Decision in Probate Proceedings (PDF, 68 KB)
Item Number: LEG15-02
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Contested court trials in probate proceedings are governed by the Code of Civil Procedure to the extent not otherwise provided in the Probate Code. Section 632 of the former code provides for statements of decision upon the trial of questions of fact by the court but does not prescribe the extent of their applicability to probate proceedings and there are no Probate Code provisions concerning them. The proposal would add section 1046.5 to the Probate Code to prescribe when statements of decision must be prepared, may be prepared or dispensed with, and to provide a procedure for requesting them in contested court trials in proceedings under the Probate Code.

Timing of Electronic Service (PDF, 58 KB)
Item Number: LEG15-03
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Code of Civil Procedure section 1005 addresses the time of service of supporting and opposing papers for specified motions. It provides that the notice period before a hearing is extended a certain number of days—which vary depending on whether the motion is served by mail, facsimile transmission, express mail, or another method of overnight delivery—and it excludes certain papers from the extension. Although Code of Civil Procedure section 1010.6 and rule 2.251 of the California Rules of Court provide for electronic service and specify that the notice period before a hearing and any right or duty to act or respond within a specified period or on a date certain after service of the document are extended two court days if a document is served electronically, section 1005 of the Code of Civil Procedure does not include electronic service among the methods of service in that statute. The proposal would amend section 1005 to (1) clarify that service of motion papers may be made electronically, and (2) provide that if a document is served electronically, the notice period before a hearing is extended two court days.

Military Service

(There are no items in this category.)

Minors Compromises

(There are no items in this category.)

Miscellaneous

(There are no items in this category.)

Preliminary Solicitation: Early Draft Open Meeting Rule

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Probate and Mental Health

Probate: Statements of Decision in Probate Proceedings (PDF, 68 KB)
Item Number: LEG15-02
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Contested court trials in probate proceedings are governed by the Code of Civil Procedure to the extent not otherwise provided in the Probate Code. Section 632 of the former code provides for statements of decision upon the trial of questions of fact by the court but does not prescribe the extent of their applicability to probate proceedings and there are no Probate Code provisions concerning them. The proposal would add section 1046.5 to the Probate Code to prescribe when statements of decision must be prepared, may be prepared or dispensed with, and to provide a procedure for requesting them in contested court trials in proceedings under the Probate Code.

Special Immigrant Juvenile Predicate Findings (PDF, 274 KB)
Item Number: SPR15-28
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposed rule and forms are needed to implement SB873, which clarified the superior court’s authority to make predicate findings to enable an undocumented child to petition the federal government for classification as a Special Immigrant Juvenile (SIJ) and incorporated relevant elements of the federal Immigration and Nationality Act (INA) into California law. The proposed rule and forms are intended to specify the process for requesting SIJ predicate findings from a court in a family law, probate guardianship, juvenile dependency, or juvenile delinquency proceeding, and to supply the court with a sufficient factual basis to make accurate, just, and effective findings if warranted under California law.

Probate Conservatorship: Judicial Council forms to implement the California Conservatorship Jurisdiction Act (PDF, 1158 KB)
Item Number: SPR15-29
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Legislation enacted in 2014 added the California Conservatorship Jurisdiction Act to the Probate Code, effective January 1, 2016, requiring the Judicial Council to develop forms to implement the act. This proposal would revise an existing form and the adoption of three new forms.

Court fee waivers in decedent estates, guardianships, and conservatorships and for wards and conservatees participating in civil actions (PDF, 362 KB)
Item Number: SP15-02
Deadline for Comments: April 23, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Legislation effective on January 1, 2015, has changed the law governing court fee waivers involving guardians, conservators, and petitioners for their appointment. The new law clarifies that the fee waiver in such matters is in favor of the (proposed) ward or conservatee and must be based solely on his or her financial condition, but requires the fiduciary or the petitioner for the fiduciary’s appointment, or both, to participate in all court proceedings and to respond to all court orders concerning the waiver.

To implement this new law, the committee is proposing a new rule of court regarding fee waivers in guardianships and conservatorship proceedings and new versions of Judicial Council fee waiver forms for use by probate guardians and conservators, and by petitioners for their appointment. The rule would also address fee waivers in decedent estate proceedings.

Protective Orders

(There are no items in this category.)

SEC Report

(There are no items in this category.)

Strategic Plan for Language Access in the California Courts

(There are no items in this category.)

Supreme Court

(There are no items in this category.)

Traffic

(There are no items in this category.)

Tribal Court–State Court Forum

Family and Juvenile Law: Transfers of Indian Child Welfare Act (ICWA) proceedings to Tribal Court (PDF, 694 KB)
Item Number: SPR15-27
Deadline for Comments: June 17, 2015 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The proposal would implement provisions of SB1460, which amended section 305.5 of the Welfare and Institutions Code and added sections 381 and 827.15 concerning the transfer of juvenile court proceedings involving an Indian child from the jurisdiction of the juvenile court to a tribal court. The proposed rule amendments and form revisions are also in response to the decision of the Court of Appeal, First Appellate District in In re M.M. (2007) 154 Cal.App.4th 897, which implicates an objecting party’s right to appeal a decision granting a transfer to a tribal court.

Other

(There are no items in this category.)

Special Cycle

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Of Interest

The Supreme Court Advisory Committee on the Code of Judicial Ethics has posted a new proposal to amend Canons 3, 4, and 5. Deadline: January 12, 2015.

Contact Information

Unless otherwise indicated, send responses to:

Judicial Council of California
Attn: Invitations to Comment
455 Golden Gate Ave.
San Francisco, CA 94102

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