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
Administration

Court Records: Retention of Original Wills and Codicils and of Court Records in Gun Violence Cases (PDF, 61 KB)
Item Number: LEG16-02
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Court Executives Advisory Committee recommends amending various statutes governing records retention in the Government Code. This legislative proposal would amend Government Code sections 26810, 68150, 68151, and 68152 to clarify that original wills and codicils must be retained until there is a final order of discharge in a probate proceeding. This proposal would also amend Probate Code section 12250 to provide a process whereby the personal representative may request delivery of the original wills and codicils in the ex parte petition for discharge. Lastly, this proposal would provide the retention period for court records in gun violence cases and would make technical amendments to the records retention statutes.

Judicial Branch Education: Minimum Requirements for Judicial Council Staff (PDF, 98 KB)
Item Number: SPR16-15
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Rule 10.491 addresses education for Judicial Council staff. The overarching goal of amending rule 10.491 is to enable Judicial Council staff to more effectively fulfill their education requirements by eliminating administrative elements that do not directly bear on education, adding flexibility that better reflects the structure and operation of the Judicial Council staff office, and streamlining use of the learning management system, HREMS. The CJER Governing Committee recommends these amendments, which are supported by the Administrative Director.

Trial Courts: Financial Policies and Procedures (PDF, 91 KB)
Item Number: SPR16-01
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Judicial Council staff recommends that rule 10.804, concerning the Trial Court Financial Policies and Procedures Manual, be amended to remove the reference to policies and procedures for procurement and contracting by superior courts; describe the content and purpose of the manual; and describe the amendments to the manual that must be circulated for comment. Currently the rule provides that the manual must include policies and procedures for procurement and contracting by superior courts. These policies and procedures, however, are now contained in the Judicial Branch Contracting Manual.

Alternative Dispute Resolution

(There are no items in this category.)

Appellate

Appellate and Trial Court Procedure: Privacy in Documents (PDF, 122 KB)
Item Number: SPR16-02
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on concerns about privacy protection raised by appellate justices and individuals whose identity or personal information has been revealed in appellate opinions, the Appellate Advisory Committee proposes new rule 8.90 to provide guidance on the use of names in appellate court opinions. The rule would clarify that a reviewing court has discretion to use the first name and last initial—or in certain circumstances, initials only—of specific categories of individuals such as victims in criminal cases, wards in guardianship proceedings, and patients in mental health proceedings. In addition to listing these specific categories of individuals, the rule would clarify that a reviewing court has discretion to use this technique to protect the identity of persons in other circumstances in which personal privacy interests support not using the person’s full name. To better highlight existing requirements for protecting the privacy of social security and financial account numbers in filed documents, the Appellate Advisory Committee also proposes adopting new rule 8.41 to cross-reference these requirements, which appear in title 1 of the California Rules of Court, and moving these existing requirements from rule 1.20(b) to new rule 1.201 (Protection of privacy). Because Confidential Reference List of Identifiers(form MC-120) includes two references to rule 1.20(b), the advisory committee recommends a technical change to that form to substitute the new rule number.

Appellate Procedure: Juvenile Proceedings (PDF, 70 KB)
Item Number: SPR16-03
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To save time and costs for courts associated with requests to augment or receive copies of the record on appeal and the costs associated with preparing and transmitting supplemental clerk’s and reporter’s transcripts when such requests are granted, the Appellate Advisory Committee is proposing to amend: (1) the rule that identifies the proceedings governed by the juvenile appellate rules to clarify that these rules apply to appeals of orders terminating parental rights under Probate Code 1516.5; and (2) the rule that lists what must be included in the normal record in juvenile appeals to clarify that the clerk’s transcript must include various notices under the Indian Child Welfare Act and to add hearings at which certain advisements are to be given to the hearings that must be included in the reporter’s transcript. This proposal originated from a suggestion submitted by an attorney at one of the appellate projects that assist the Court of Appeal with appointed counsel in juvenile appeals.

Appellate Procedure: Transcripts of Marsden Hearings (PDF, 50 KB)
Item Number: SPR16-04
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on a suggestion received from the Assistant Clerk/Administrator of a Court of Appeal, the Appellate Advisory Committee is proposing to amend the advisory committee comment accompanying the rule that addresses transmission of confidential records to clarify that a copy of the confidential transcript of any in-camera hearings conducted by the superior court under People v. Marsden (1970) 2 Cal.3d 118 must be transmitted to defendant’s appellate counsel or, if not yet appointed, the district appellate project.

Appellate Procedure: Amicus Curiae Briefs in Writ Proceedings (PDF, 44 KB)
Item Number: SPR16-05
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Based on suggestions received from an attorney, the Appellate Advisory Committee is proposing to amend the rules governing writ proceedings to include a new procedure for submission of applications to file amicus curiae briefs.

Appellate Procedure: Ensure Consistency Between E-filing Rules and Court Practices (PDF, 154 KB)
Item Number: SPR16-06
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) and the Appellate Advisory Committee (AAC) propose changes to the appellate rules to reflect the e-filing practices used by the appellate courts. These changes will eliminate conflicts between appellate court local rules and the rules of court, and ensure consistency in the e-filing practices of the Courts of Appeal where such consistency is desirable.

Technology: Modernization of the Appellate Rules of Court (Phase II of the Rules Modernization Project) (PDF, 2058 KB)
Item Number: SPR16-26
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) and Appellate Advisory Committee (AAC) propose changes to appellate rules and forms to facilitate modern e-business practices, e-filing, and e-service.

Civil and Small Claims

Civil Practice and Procedure: Request for Entry of Default (PDF, 181 KB)
Item Number: SPR16-07
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes two revisions to the form used to request entry of a default judgment in a civil case (form CIV-100): (1) add an item to alert the court and parties that compliance with the Fair Debt Buying Practices Act may be required for a default judgment; and (2) revise the declaration of nonmilitary status to clarify the language and include the state law definition of military service. Both proposals originated from suggestions submitted by the Attorney General’s office.

Small Claims: Plaintiff’s Claim and Information Forms (PDF, 248 KB)
Item Number: SPR16-08
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes revising two Small Claims forms to conform to the recent change in the law regarding court interpreters in civil cases and to further revise these forms and one other Small Claims form to improve their clarity, consistency with the law, and readability.  These proposed revisions are based on suggestions received from judicial officers, court clerks, small claims advisors and members of the advisory committee.

Civil Practice and Procedure: Order of Examination (PDF, 648 KB)
Item Number: SPR16-09
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

This proposal, initially raised by a superior court commissioner who handles small claims cases, would revise Order to Produce Statement of Assets and Appear for Examination (form SC-134), to clarify in the instructions that, while service may be completed by any means proper for serving a summons, service must be by a registered process server or sheriff in order to be enforced by the court. The format of the Small Claims form has also been revised to make the provisions of the order easier to read.  The parallel form for use in civil actions generally, Application and Order for Appearance and Examination (form AT-138/EJ-125), would also be revised to include a similar instruction regarding service by a law officer.

Civil Practice and Procedure: Writ of Execution (PDF, 606 KB)
Item Number: SPR16-10
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee is proposing several minor revisions to the Writ of Execution, form EJ-130, to facilitate its use. The changes are based on requests from court administrators, levying officers, private practitioners, and legal aid offices.

Forms: Declarations of Demurring Party Regarding Meet and Confer (PDF, 93 KB)
Item Number: SPR16-11
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Senate Bill 383 (Stats. 2015, ch. 418) added to and amended statutes governing demurrers to pleadings. New Code of Civil Procedure section 430.41 requires a meet-and-confer session before a party can file a demurrer. The Civil and Small Claims Advisory Committee proposes two new optional forms to implement the meet-and-confer requirements that a demurring party must comply with before filing a demurrer, and to obtain an automatic 30-day extension of time to file a demurrer when the parties were unable to meet before the due date of the responsive pleading.

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 Procedure: Transfer Back to Receiving Court for Limited Purpose after Intercounty Transfer (PDF, 41 KB)
Item Number: LEG16-06
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1203.9 to authorize a receiving court to transfer a case of a person on probation or mandatory supervision back to the transferring court for a limited purpose when needed to best suit the needs of the court, the litigation at issue, or the parties. The proposal was developed at the request of criminal judges who expressed concerns about the inability of transferring courts to do so under current law.

Criminal Procedure: Pre-Arraignment Own Recognizance Release Under Court-Operated or Approved Pretrial Programs (PDF, 49 KB)
Item Number: LEG16-05
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1319.5 to provide courts with discretion to approve, without a hearing in open court, own recognizance (OR) releases under a court-operated or court-approved pretrial release program for arrestees with three or more prior failures to appear (FTAs). This proposal was developed at the request of courts that are actively engaged in developing and expanding pretrial programs in an effort to improve pretrial processes, address the effects of jail overcrowding and court calendar impacts, provide judges with options in ordering pretrial release, and increase access to justice in the earliest stages of a criminal proceeding.

Criminal Procedure: Multiple County Sentencing Under Penal Code Section 1170(h) (PDF, 47 KB)
Item Number: LEG16-04
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amendments to Penal Code sections 1170 and 1170.3 to promote uniformity and clarify judicial sentencing authority when imposing concurrent or consecutive judgments under section 1170(h) implicating multiple counties. Specifically, the proposed amendment to section 1170 would direct that when the court imposes a judgment under section 1170(h) that is concurrent or consecutive to a judgment or judgments previously imposed in another county or counties, the court rendering the second or other subsequent judgment shall determine the county or counties of incarceration and supervision of the defendant. The proposed amendment to section 1170.3 would direct the Judicial Council to adopt rules providing criteria for courts to determine the appropriate county or counties of incarceration and supervision in such cases.

Criminal Procedure: Application of Code of Civil Procedure section 1010.6(a) and (b) to Criminal Actions (PDF, 41 KB)
Item Number: LEG16-03
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) is leading a modernization project to amend the statutes and California Rules of Court to facilitate electronic filing and service and to foster modern e-business practices. This proposal, developed jointly by ITAC and the Criminal Law Advisory Committee, would provide express authority for permissive electronic filing and service in criminal proceedings by adding a statute to the Penal Code applying the electronic filing and service provisions of Code of Civil Procedure section 1010.6 to criminal actions.

Criminal Procedure: Intercounty Probation and Mandatory Supervision Transfer (PDF, 431 KB)
Item Number: SPR16-12
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amendments to rule 4.530 of the California Rules of Court to (1) clarify file transfer requirements after intercounty transfer under Penal Code section 1203.9, (2) require receiving courts to notify transferring courts when the receiving court either reduces a felony to a misdemeanor or dismisses a case after transfer, and (3) make the rule consistent with Assembly Bill 673’s amendments to section 1203.9.

Criminal Law: Criminal Realignment and Military Service (PDF, 178 KB)
Item Number: SPR16-13
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amendments to specified criminal sentencing rules of the California Rules of Court to (1) reflect statutory amendments enacted as part of the Criminal Justice Realignment Act, which made significant changes to the sentencing and supervision of persons convicted of felony offenses; (2) facilitate the court’s determinations under Penal Code section 1170.9 for defendants with military service;1 and (3) make nonsubstantive technical amendments.2 The proposed amendments respond, in part, to recent legislation directing the Judicial Council to amend the rules to promote uniformity in sentencing under the realignment act.

Criminal Procedure: Petition and Order for Dismissal—Deferred Entry of Judgment (PDF, 239 KB)
Item Number: SPR16-14
Deadline for Comments: June 14, 2016 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 provides dismissal relief for defendants who were granted deferred entry of judgment on or after January 1, 1997, who successfully completed a deferred entry of judgment program, and for whom the criminal charge(s) were dismissed under Penal Code section 1000.3 The committee also proposes minor revisions to the format of both forms to improve their usefulness for courts and petitioners.

Criminal Jury Instructions (CALCRIM)

(There are no items in this category.)

Disability Access Litigation

(There are no items in this category.)

Domestic Violence

(There are no items in this category.)

Elder and Adult Abuse

(There are no items in this category.)

Enhanced Collections

(There are no items in this category.)

Facilities

(There are no items in this category.)

Family and Juvenile

Juvenile Law: Electronic Filing and Service in Juvenile Proceedings (PDF, 126 KB)
Item Number: LEg16-08
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Welfare and Institutions Code to authorize electronic filing and service under Code of Civil Procedure section 1010.6 in juvenile proceedings. This legislative proposal would add a new section 212.5 to the Welfare and Institutions Code that would incorporate by reference Code of Civil Procedure section 1010.6, subject to appropriate conditions and limitations on electronic service for juvenile proceedings. The proposal would also amend various Welfare and Institutions Code provisions to implement new section 212.5 consistently throughout the code.

Child Support: Statutory Relief for Incarcerated/Involuntarily Institutionalized Obligors (PDF, 476 KB)
Item Number: SPR16-16
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends revising eight forms to remove a provision regarding forgiveness of child support arrears for incarcerated obligors, which became effective as former Family Code section 4007.5 on July 1, 2011, and sunset on July 1, 2015. The committee also recommends revising the same eight forms and an additional five forms to incorporate provisions of recently enacted Family Code section 4007.5 regarding temporary suspension of child support obligations for incarcerated and involuntarily institutionalized obligors, which became effective as current Family Code section 4007.5 on October 8, 2015. Recent legislation authorizes the suspension of a child support order to occur by operation of law when an obligor is incarcerated or involuntarily institutionalized, unless certain exceptions apply. It also authorizes the local child support agency to administratively adjust account balances for a suspended support order and, if either party objects to the administrative process, requires the agency to file a motion with the court to request to adjust the arrears. That adjustment will be allowed only upon approval by the court.

Family Law: Child Support Forms; Uniform Interstate Family Support Act (PDF, 939 KB)
Item Number: SPR16-17
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes revising six Judicial Council forms and amending one of the California Rules of Court to accurately reflect updated code references, revoking one form in its entirety, and adopting three new Judicial Council forms. These changes are required by modifications to the Uniform Interstate Family Support Act (Sen. Bill 646 [Jackson]), which was chaptered in October 2015 as Family Code sections 5700.101–5700.905. (Stats. 215, ch. 493, § 5.)

Family Law: Simplifying Limited Scope Representation Procedures (PDF, 694 KB)
Item Number: SPR16-18
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes simplifying the procedure for an attorney to withdraw from limited scope representation when the attorney has completed the work agreed upon with the party/client in a family law matter. The proposal is intended to respond to a request from the California State Bar and family law attorneys who report that many attorneys are unwilling to make court appearances because the current procedure for withdrawal is too complicated. Incorporating, in part, a simpler process adopted in many states, the committee proposes amending rule 5.425 of the California Rules of Court, adopting one new form, and revising four forms, which would likely reduce the number of hearings regarding withdrawal of counsel and promote more limited scope representation in family law matters.

Juvenile Law: Termination of Jurisdiction Over Nonminor (PDF, 169 KB)
Item Number: SPR16-19
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending one rule of court and revising two Judicial Council forms to provide legally accurate information about available benefits to nonminors facing termination of juvenile court jurisdiction. The form revisions would implement amended statutory entitlements in response to recommendations received from the California Department of Social Services. The rule amendments would ensure consistency with the revised forms and with existing law. They would also make technical corrections to improve the rule’s internal consistency and readability and to reduce the unnecessary repetition of statutory language.

Juvenile Law: Dependency Hearings (PDF, 993 KB)
Item Number: SPR16-20
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The rules in Title Five of the California Rules of Court that set forth the procedures to be followed during dependency court hearings from the initiation of the case through each of the status review hearings contain significant repetitions of statutory text that make the rules more cumbersome and require that they be frequently amended when the underlying statutes are amended. This proposal would delete many of these unnecessary sections in the rules or replace them with references to the relevant code sections to enhance the brevity and accuracy of the rules while also consolidating some shorter rules where appropriate.

Juvenile Law: Intercounty Transfers (PDF, 174 KB)
Item Number: SPR16-21
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends adopting one new rule and one new mandatory Judicial Council form to implement the transfer provisions for nonminor dependents in Assembly Bill 1712. The committee further recommends amending the current intercounty transfer rules and revising a mandatory form to include provisions that have streamlined the transfer process for counties involved in the SacJoaquin and Southern California transfer protocols. Specifically, the committee recommends incorporating the modifications Southern California courts made to a mandatory form and approving the motion for transfer used by those same courts as a mandatory form. These forms provide a synopsis of pertinent procedural and factual information of the case being transferred. Lastly, the committee recommends amending two rules of the California Rules of Court to require mandatory use of the forms.

Judicial Administration

(There are no items in this category.)

Legislative Proposals

Subordinate Judicial Officers: Court Commissioners as Magistrates (PDF, 49 KB)
Item Number: LEG16-01
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law and Trial Court Presiding Judges Advisory Committees propose amending Penal Code section 808 to include “court commissioners” within the definition of those who may serve as a “magistrate.” Magistrate duties are constitutionally and statutorily defined functions in the criminal justice system; the authority of magistrates is limited in comparison to judicial powers. This proposal was developed at the request of presiding judges to expand the pool of judicial officers who are authorized to perform magistrate duties, provide courts with greater flexibility to equitably address judicial workloads, and increase access to justice in response to the need for a more systemwide approach to balancing judicial workload.

Court Records: Retention of Original Wills and Codicils and of Court Records in Gun Violence Cases (PDF, 61 KB)
Item Number: LEG16-02
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Court Executives Advisory Committee recommends amending various statutes governing records retention in the Government Code. This legislative proposal would amend Government Code sections 26810, 68150, 68151, and 68152 to clarify that original wills and codicils must be retained until there is a final order of discharge in a probate proceeding. This proposal would also amend Probate Code section 12250 to provide a process whereby the personal representative may request delivery of the original wills and codicils in the ex parte petition for discharge. Lastly, this proposal would provide the retention period for court records in gun violence cases and would make technical amendments to the records retention statutes.

Criminal Procedure: Application of Code of Civil Procedure section 1010.6(a) and (b) to Criminal Actions (PDF, 41 KB)
Item Number: LEG16-03
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) is leading a modernization project to amend the statutes and California Rules of Court to facilitate electronic filing and service and to foster modern e-business practices. This proposal, developed jointly by ITAC and the Criminal Law Advisory Committee, would provide express authority for permissive electronic filing and service in criminal proceedings by adding a statute to the Penal Code applying the electronic filing and service provisions of Code of Civil Procedure section 1010.6 to criminal actions.

Criminal Procedure: Multiple County Sentencing Under Penal Code Section 1170(h) (PDF, 47 KB)
Item Number: LEG16-04
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amendments to Penal Code sections 1170 and 1170.3 to promote uniformity and clarify judicial sentencing authority when imposing concurrent or consecutive judgments under section 1170(h) implicating multiple counties. Specifically, the proposed amendment to section 1170 would direct that when the court imposes a judgment under section 1170(h) that is concurrent or consecutive to a judgment or judgments previously imposed in another county or counties, the court rendering the second or other subsequent judgment shall determine the county or counties of incarceration and supervision of the defendant. The proposed amendment to section 1170.3 would direct the Judicial Council to adopt rules providing criteria for courts to determine the appropriate county or counties of incarceration and supervision in such cases.

Criminal Procedure: Pre-Arraignment Own Recognizance Release Under Court-Operated or Approved Pretrial Programs (PDF, 49 KB)
Item Number: LEG16-05
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1319.5 to provide courts with discretion to approve, without a hearing in open court, own recognizance (OR) releases under a court-operated or court-approved pretrial release program for arrestees with three or more prior failures to appear (FTAs). This proposal was developed at the request of courts that are actively engaged in developing and expanding pretrial programs in an effort to improve pretrial processes, address the effects of jail overcrowding and court calendar impacts, provide judges with options in ordering pretrial release, and increase access to justice in the earliest stages of a criminal proceeding.

Criminal Procedure: Transfer Back to Receiving Court for Limited Purpose after Intercounty Transfer (PDF, 41 KB)
Item Number: LEG16-06
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 1203.9 to authorize a receiving court to transfer a case of a person on probation or mandatory supervision back to the transferring court for a limited purpose when needed to best suit the needs of the court, the litigation at issue, or the parties. The proposal was developed at the request of criminal judges who expressed concerns about the inability of transferring courts to do so under current law.

Small Claims: Provision of Court Interpreters (PDF, 85 KB)
Item Number: LEG16-07
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

On January 22, 2015, the Judicial Council adopted the Strategic Plan for Language Access in the California Courts. The plan provides a comprehensive set of 75 recommendations to help create a branch-wide approach to providing language access services to court users throughout the state while accommodating an individual court’s need for flexibility in implementing the plan recommendations. The plan provides that by 2017, and beginning immediately where resources permit, qualified interpreters will be provided in the California courts to limited English proficient (LEP) court users in all courtroom proceedings, including small claims proceedings. In order to complete the systematic expansion of language access services, including the provision of court interpreters in small claims actions when court resources allow, the Language Access Plan (LAP) Implementation Task Force recommends that the Judicial Council sponsor legislation to (1) amend Government Code section 68560.5(a) to delete an exception stating that interpreters are not required in small claims proceedings, and (2) amend Code of Civil Procedure section  116.550 to require courts to provide credentialed interpreters in small claims actions, consistent with the language of Evidence Code section 756, which prioritizes the manner in which courts will provide interpreters if there are not sufficient resources to provide interpreters in all civil matters.

Juvenile Law: Electronic Filing and Service in Juvenile Proceedings (PDF, 126 KB)
Item Number: LEg16-08
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Welfare and Institutions Code to authorize electronic filing and service under Code of Civil Procedure section 1010.6 in juvenile proceedings. This legislative proposal would add a new section 212.5 to the Welfare and Institutions Code that would incorporate by reference Code of Civil Procedure section 1010.6, subject to appropriate conditions and limitations on electronic service for juvenile proceedings. The proposal would also amend various Welfare and Institutions Code provisions to implement new section 212.5 consistently throughout the code.

Probate: Electronic Service of Notices and Other Papers in Probate, Guardianship, Conservatorship, and Other Protective Proceedings (PDF, 182 KB)
Item Number: LEG16-09
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Probate Code to authorize the electronic service of notices and other papers in guardianship, conservatorship, and other probate matters. This legislative proposal would amend Probate Code section 1215 to allow for the electronic service of notices and other papers if the party or other person has consented to receiving service by electronic means and has provided an electronic service address. It would also amend various statutes throughout the Probate Code, and Welfare and Institutions Code sections 728 and 5362 to implement this proposal.

Technology: Electronic Filing, Service, and Signatures (PDF, 114 KB)
Item Number: LEG16-10
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) recommends adding new Code of Civil Procedure section 1013b and amending sections 664.5, 1010.6, and 1011. This legislative proposal would (1) authorize the use of electronic signatures for signatures made under penalty of perjury on electronically filed documents, (2) provide for a consistent effective date of electronic filing and service across courts and case types, (3) consolidate the mandatory electronic filing provisions, (4) clarify the application of section 1010.6’s electronic service provisions in sections 664.5 and 1011, and (5) codify provisions that are currently in the California Rules of Court on mandatory electronic service, effective date of electronic service, protections for self-represented persons, and proof of electronic service.

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

(There are no items in this category.)

Probate and Mental Health

Probate: Electronic Service of Notices and Other Papers in Probate, Guardianship, Conservatorship, and Other Protective Proceedings (PDF, 182 KB)
Item Number: LEG16-09
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Probate Code to authorize the electronic service of notices and other papers in guardianship, conservatorship, and other probate matters. This legislative proposal would amend Probate Code section 1215 to allow for the electronic service of notices and other papers if the party or other person has consented to receiving service by electronic means and has provided an electronic service address. It would also amend various statutes throughout the Probate Code, and Welfare and Institutions Code sections 728 and 5362 to implement this proposal.

Probate Conservatorships: Notice of the Conservatee’s Death (PDF, 233 KB)
Item Number: SPR16-23
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To implement a recent statutory change, the Probate and Mental Health Advisory Committee proposes the adoption of a new form to be used by a conservator of the person to give notice to interested persons, and to the court supervising the conservatorship proceeding, that the conservatee has died.

Probate: Revision of Forms Used in Decedent Estate Proceedings and in a Substitute for Those Proceedings (PDF, 248 KB)
Item Number: SPR16-24
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

At the request of a superior court probate department’s managing staff attorney, the Probate and Mental Health Advisory Committee proposes revisions to the forms used to commence a full decedent estate proceeding or to convey title to a decedent’s real and connected personal property as an alternative to such a proceeding to add inquiries about information that may be important in many decedent estates.

Protective Orders

Protective Orders: Requests for the Possession and Protection of Animals (PDF, 387 KB)
Item Number: SPR16-22
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To implement the recent statutory changes the Civil and Small Claims Advisory Committee recommends revisions to Judicial Council forms for civil harassment and elder abuse and dependent adult protective orders to include orders regarding the possession and protection of animals and the Family and Juvenile Law Advisory Committee recommends revisions to Judicial Council forms to include such orders in juvenile cases.

Strategic Plan for Language Access in the California Courts

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Supreme Court

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Technology

Juvenile Law: Electronic Filing and Service in Juvenile Proceedings (PDF, 126 KB)
Item Number: LEg16-08
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Welfare and Institutions Code to authorize electronic filing and service under Code of Civil Procedure section 1010.6 in juvenile proceedings. This legislative proposal would add a new section 212.5 to the Welfare and Institutions Code that would incorporate by reference Code of Civil Procedure section 1010.6, subject to appropriate conditions and limitations on electronic service for juvenile proceedings. The proposal would also amend various Welfare and Institutions Code provisions to implement new section 212.5 consistently throughout the code.

Probate: Electronic Service of Notices and Other Papers in Probate, Guardianship, Conservatorship, and Other Protective Proceedings (PDF, 182 KB)
Item Number: LEG16-09
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee and the Information Technology Advisory Committee (ITAC) recommend amending the Probate Code to authorize the electronic service of notices and other papers in guardianship, conservatorship, and other probate matters. This legislative proposal would amend Probate Code section 1215 to allow for the electronic service of notices and other papers if the party or other person has consented to receiving service by electronic means and has provided an electronic service address. It would also amend various statutes throughout the Probate Code, and Welfare and Institutions Code sections 728 and 5362 to implement this proposal.

Technology: Electronic Filing, Service, and Signatures (PDF, 114 KB)
Item Number: LEG16-10
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) recommends adding new Code of Civil Procedure section 1013b and amending sections 664.5, 1010.6, and 1011. This legislative proposal would (1) authorize the use of electronic signatures for signatures made under penalty of perjury on electronically filed documents, (2) provide for a consistent effective date of electronic filing and service across courts and case types, (3) consolidate the mandatory electronic filing provisions, (4) clarify the application of section 1010.6’s electronic service provisions in sections 664.5 and 1011, and (5) codify provisions that are currently in the California Rules of Court on mandatory electronic service, effective date of electronic service, protections for self-represented persons, and proof of electronic service.

Appellate Procedure: Ensure Consistency Between E-filing Rules and Court Practices (PDF, 154 KB)
Item Number: SPR16-06
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) and the Appellate Advisory Committee (AAC) propose changes to the appellate rules to reflect the e-filing practices used by the appellate courts. These changes will eliminate conflicts between appellate court local rules and the rules of court, and ensure consistency in the e-filing practices of the Courts of Appeal where such consistency is desirable.

Technology: Modernization of the Rules of Court (Phase II of the Rules Modernization Project) (PDF, 336 KB)
Item Number: SPR16-25
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee, the Civil and Small Claims Advisory Committee, and the Family and Juvenile Law Advisory Committee recommend amending various rules in titles 2, 3, and 5 of the California Rules of Court as part of phase II of the Rules Modernization Project. These proposed amendments are substantive changes to the rules that are intended to promote electronic filing, electronic service, and modern e-business practices.

Technology: Modernization of the Appellate Rules of Court (Phase II of the Rules Modernization Project) (PDF, 2058 KB)
Item Number: SPR16-26
Deadline for Comments: June 14, 2016 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) and Appellate Advisory Committee (AAC) propose changes to appellate rules and forms to facilitate modern e-business practices, e-filing, and e-service.

Traffic

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Tribal Court–State Court Forum

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Other

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SEC Report

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Special Cycle

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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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