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
Preliminary Solicitation: Early Draft Open Meeting Rule

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Special Cycle

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Alternative Dispute Resolution

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Appellate

Appellate Procedure: Confidential Records (PDF, 163 KB)
Item Number: SPR14-01
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on concerns raised about the application of the general rule regarding references to confidential records in appellate filings to information contained in probation reports, the Appellate Advisory Committee is proposing amendments to the advisory committee comments accompanying the rules regarding confidential records to (1) note that, under case law, much of the contents of probation reports is not confidential; (2) highlight that many laws establish specific requirements regarding the confidentiality of particular records, and those laws supersede the rules of court; and (3) remove probation reports as one of the examples of confidential records cited in these advisory committee comments.

Appellate Procedure: Judicial Notice Requests (PDF, 126 KB)
Item Number: SPR14-03
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from a Court of Appeal attorney, the Appellate Advisory Committee is proposing that the rule relating to motions for judicial notice be amended to require that the pages of documents submitted with the motion be consecutively paginated.

Appellate Procedure: Record in Juvenile Appeals (PDF, 86 KB)
Item Number: SPR14-04
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from the director of one of the appellate projects that assists the Court of Appeal with appointed counsel in criminal and juvenile appeals, the Appellate Advisory Committee is proposing that the rules relating to the record on appeal in juvenile dependency cases be amended to: (1) provide that a copy of the record will only be provided to a child who is not appealing if that child is either represented by counsel or the appointment of counsel has been recommended for that child; (2) require that a copy of the record be provided to an Indian tribe that has intervened in either a case concerning termination of parental rights or other dependency proceedings in certain counties; and (3) make other nonsubstantive changes.

Fee Waivers: Payments Over Time and Fees Included in Initial Fee Waiver (PDF, 719 KB)
Item Number: SPR14-05
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee recommends that certain California Rules of Court be amended and forms be revised to permit parties to waive the right to have a hearing prior to the court’s issuing an order denying a fee waiver application, but permitting installment payments. Several courts have requested this amendment so that parties do not have to return to court if they are willing to accept permission to make payments over time, which would relieve parties and the courts from the expense of unnecessary hearings. The committee also recommends that payments over time generally be limited to first appearance fees and limited in time to a period of three months, with the court retaining discretion to order otherwise. The Appellate Advisory Committee recommends that the rules that list the court fees that must be waived as part of an initial fee waiver be amended to consolidate this list of fees in one rule, and to add the new $50 fee for the court to hold in trust funds deposited to pay court reporters for a transcript.

California Tribal Court/State Court Forum

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Civil and Small Claims

Fee Waivers: Payments Over Time and Fees Included in Initial Fee Waiver (PDF, 719 KB)
Item Number: SPR14-05
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee recommends that certain California Rules of Court be amended and forms be revised to permit parties to waive the right to have a hearing prior to the court’s issuing an order denying a fee waiver application, but permitting installment payments. Several courts have requested this amendment so that parties do not have to return to court if they are willing to accept permission to make payments over time, which would relieve parties and the courts from the expense of unnecessary hearings. The committee also recommends that payments over time generally be limited to first appearance fees and limited in time to a period of three months, with the court retaining discretion to order otherwise. The Appellate Advisory Committee recommends that the rules that list the court fees that must be waived as part of an initial fee waiver be amended to consolidate this list of fees in one rule, and to add the new $50 fee for the court to hold in trust funds deposited to pay court reporters for a transcript.

Telephone Appearances: Notice for Ex Parte Appearances and Notice Form (PDF, 197 KB)
Item Number: SPR14-06
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Last year, the Civil and Small Claims Advisory Committee recommended and the Judicial Council adopted amendments to the telephonic appearances rule, California Rules of Court, 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 such appearances from three days to two. This new proposal amends the rule to clarify one of the notice provisions for ex parte applications and revises the Notice of Intent to Appear by Telephone (form CIV-020) to correct the rule references and the time frame for notice.

Civil Jury Instructions (CACI)

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Code of Judicial Ethics

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Court Interpreters

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Court Technology

Court Technology Governance and Strategic Plan (PDF, 5166 KB)
Item Number: SP14-04
Deadline for Comments: June 16, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Criminal

Criminal Justice Realignment: Petitions for Revocation of Supervision (PDF, 164 KB)
Item Number: SPR14-07
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes revisions to the Petition for Revocation (form CR-300) to apply the form to proceedings to revoke probation and mandatory supervision under Penal Code section 1170(h)(5)(B). This proposal was developed at the request of courts to promote uniform revocation procedures in response to recent legislation that applied long-standing probation revocation procedures to all categories of supervision engendered by criminal justice realignment.

Criminal Justice Realignment: Petition and Order for Dismissal (PDF, 283 KB)
Item Number: SPR14-08
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes revisions to the Petition for Dismissal (form CR-180) and Order for Dismissal (form CR-181) in response to recent legislation that expands court authority to issue orders for dismissal in cases in which the defendant received a felony county jail sentence under Penal Code section1170(h)(5). The proposed revisions would incorporate the new statutory basis for relief on both forms.

Criminal Jury Instructions (CALCRIM)

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Domestic Violence

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Elder and Adult Abuse

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Enhanced Collections

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Facilities

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Family and Juvenile

Family Law: Petition and Response for Dissolution, Legal Separation, and Nullity of Marriage and Domestic Partnership (PDF, 978 KB)
Item Number: SPR14-09
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Currently, form FL-103 is used by litigants in same-sex marriages or domestic partnerships to commence an action in family court for dissolution, legal separation, or nullity. A separate form FL-100 is used by a petitioner in a marriage between a man and a woman. Using form FL-103 alerts the court that there might be special issues to consider regarding the tax consequences of an order of spousal support, or different treatment of pensions under the Defense of Marriage Act, or special concerns regarding custody orders if same-sex parents leave the state of California. However, given the Supreme Court’s recent holding, these differences have limited relevance and there does not appear to be a need for married persons of the same sex to use form FL-103 instead of form FL-100.

In light of the changes to federal law, and to streamline procedures in family court, the Family and Juvenile Law Committee proposes the use of one form for all petitions and one form for all responses filed in family court requesting dissolution, separation, or nullity of a marriage or domestic partnership. To this end, form FL-100 would be revised to include the necessary provisions of form FL-103; form FL-120 would be revised to incorporate items from form FL-123; rule 5.76 would be amended to reflect the change in required forms; and other forms would be revised or revoked to reflect the consolidation.

Family Law: Uniform Standards of Practice for Providers of Supervised Visitation (PDF, 204 KB)
Item Number: SPR14-10
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Family Code section 3200.5 lists statutory requirements for providers of supervised visitation—requirements that must be incorporated into any standard for such providers adopted by the Judicial Council under Family Code section 3200. To ensure that standard 5.20 of the California Standards of Judicial Administration, governing providers of supervised visitation, conforms to Family Code section 3200.5, the Family and Juvenile Law Advisory Committee recommends amending the standard to incorporate the new statutory requirements. The committee also recommends making additional changes to standard 5.20 to enhance its internal consistency. In addition, the committee recommends revising the Supervised Visitation Order (form FL-341(A)) to eliminate references to “therapeutic visitation” to maintain consistency with the provisions of section 3200.5.

Family and Juvenile Law: Parentage (PDF, 705 KB)
Item Number: SPR14-11
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Advisory Committee proposes amending five rules of court and revising two mandatory Judicial Council forms in response to recent legislation. Assembly Bill 1403 updated California’s version of the Uniform Parentage Act to clarify that a natural parent need not be biologically related to his or her child and to replace the terms mother, father, and paternity with the gender-neutral terms parent and parentage where appropriate. The proposed amendments and revisions would ensure that the rules and forms conform to the statutory usage, as well as ensuring that the rules and forms are internally consistent.

Juvenile Law: Instructions to Seal Juvenile Records (PDF, 312 KB)
Item Number: SPR14-12
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Assembly Bill 1006 (Yamada; Stats. 2013, ch. 269) directed the Judicial Council, effective January 1, 2015, 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, and 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 5.8301. 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.” The Family and Juvenile Law Advisory committee proposes new and amended forms and revision to rule 5.830 to implement this statute.

Juvenile Dependency: Information Form for Parents (PDF, 524 KB)
Item Number: SPR14-13
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Welfare and Institutions Code section 307.4 requires the Judicial Council, in consultation with the County Welfare Directors Association of California, to adopt a form to provide to parents or guardians whose children are being removed to explain their procedural rights and the preliminary stages of the dependency process. There are currently two Judicial Council forms that provide basic information to parents about the dependency court process, but neither of them contains all of the information required by section 307.4. As a result, the Family and Juvenile Law Advisory Committee recommends revoking both of these forms, and replacing them with a new information form that incorporates their essential content and meets the statutory requirements.

Juvenile Dependency: Attorney Training (PDF, 132 KB)
Item Number: SPR14-14
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending rule 5.660 to conform to a recent statutory change to the education and training requirements for attorneys who appear in juvenile dependency proceedings. Assembly Bill 868 amended section 317(c) of the Welfare and Institutions Code, effective January 1, 2014, to require that this training include instruction on sensitivity to the needs of lesbian, gay, bisexual, and transgender youth. The proposed amendment would add this topic to those required by the rule and make minor, nonsubstantive modifications to clarify the text.

Judicial Administration

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Legislative Proposals

Proposed Legislation (Civil Practice and Procedure): Evidentiary Objections in Summary Judgment Proceedings (PDF, 66 KB)
Item Number: LEG14-02
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Civil and Small Claims Advisory Committee (CSCAC) and the Appellate Advisory Committee (AAC) (collectively, “advisory committees”) recommend that Code of Civil Procedure section 437c be amended, effective January 1, 2016, to provide that in deciding a motion for summary judgment, the court need rule only on objections to evidence that are pertinent to the disposition of the summary judgment motion. The suggestion that led to this proposal originated with Ad Hoc Advisory Committee on Court Efficiencies, Cost Savings, and New Revenue (Ad Hoc Committee).

Proposed Legislation (Criminal Justice Realignment): Recalling Sentences under Penal Code section 1170(d)(1) (PDF, 58 KB)
Item Number: LEG14-03
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1170(d)(1) to apply existing court authority to recall felony prison sentences to new county jail sentences under Penal Code section 1170(h)(5). This proposal was developed at the request of criminal law judges to expand existing recall authority to a new category of felony sentence engendered by recent criminal justice realignment legislation.

Proposed Legislation (Jurors): Monetary Sanctions under Code of Civil Procedure section 177.5 (PDF, 59 KB)
Item Number: LEG14-04
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Code of Civil Procedure section 177.5 to expressly include jurors in the category of persons subject to sanctions for violating a lawful court order under that section. The proposal was developed at the request of judges to eliminate any ambiguity about whether courts are authorized to sanction jurors under this section.

Proposed Legislation (Criminal Procedure): Appeals of the Imposition or Calculation of Fines and Fees (PDF, 60 KB)
Item Number: LEG14-05
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1237 and adding section 1237.2 to prohibit appeals based solely on the grounds of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or, if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court. This proposal was developed at the request of criminal law judges and court executive officers to reduce the burdens associated with formal appeals and resentencing proceedings stemming from a common sentencing error.

Proposed Legislation (Criminal Justice Realignment): Parole Holds and Deadline to File Petitions to Revoke Supervision (PDF, 76 KB)
Item Number: LEG14-06
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes several statutory amendments that would prescribe a five-court-day deadline for supervising agencies to file petitions to revoke supervision and authorize courts, upon a finding good cause, to order the release of supervised persons from custody unless serving a period of flash incarceration, regardless of any parole holds or whether a supervising agency has filed a petition to revoke supervision. This proposal was developed at the request of judges to enhance court discretion to decide the custody status of supervised persons and eliminate undue delays by supervising agencies in filing petitions to revoke after the arrest of supervised persons.

Proposed Legislation (Criminal Justice Realignment): Sentencing Report Deadlines (PDF, 60 KB)
Item Number: LEG14-07
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes an amendment to Penal Code section 1203 to require courts to find good cause before continuing a sentencing hearing for failure by the probation department to provide a sentencing report at least five days before the hearing. This proposal was developed at the request of criminal law judges to vest courts with discretion to decide on a case-by-case basis whether continuances due to noncompliance with the report deadline are justified, as opposed to the automatic continuances required by current law.

Minors Compromises

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Miscellaneous

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Probate and Mental Health

Probate Conservatorship and Guardianship: Accounting Schedules for Gains and Losses on Sales of Assets in Guardianships and Conservatorships (PDF, 80 KB)
Item Number: SPR14-15
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Judicial Council forms of accounting schedules designed for use in guardianship and conservatorship accountings include schedules of gains and losses on sales of assets by guardians or conservators of estates. The gain and loss schedules, respectively forms GC-400(B)/GC-405(B) and GC-400(D)/GC-405(D), call for the total amounts of the gains and losses, but not the totals of the gross sales prices of the assets sold. The Probate and Mental Health Advisory Committee proposes to revise the gain and loss schedules to call for the totals of the sale prices of the assets sold, as an aid to court probate staffs and judicial officers in their review and reconciliation of the accountings.

Probate, Decedents’ Estates: Waiver of Bond by Heirs or Beneficiaries of Decedents’ Estates (PDF, 134 KB)
Item Number: SPR14-16
Deadline for Comments: June 18, 2014 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

In response to concerns expressed by judicial officers in the probate departments of a number of superior courts, the Probate and Mental Health Advisory Committee proposes the adoption of a mandatory form for beneficiaries of decedents’ estates to waive surety bonds that otherwise would be required of the proposed personal representatives of these estates.

Protective Orders

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SEC Report

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Supreme Court

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Traffic

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Other

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Contact Info

Unless otherwise indicated, send responses to: Attn: Invitations to Comment Administrative Office of the Courts
455 Golden Gate Ave.
San Francisco, CA 94102
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