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

(There are no items in this category.)

Alternative Dispute Resolution

(There are no items in this category.)

Appellate

Appellate Procedure: Settled Statements in Unlimited Civil Cases (PDF, 740 KB)
Item Number: SPR17-01
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To make the settled statements procedure in unlimited civil cases less burdensome, this proposal would amend the rule regarding settled statements to remove the requirement for obtaining a court order to use this procedure in certain circumstances and would create a new form for appellants to use in preparing proposed statements. This proposal is based on a suggestion from the Clerk/Executive Officer of one of the Courts of Appeal.

Appellate Procedure: Format for Reporter’s Transcripts Delivered in Electronic Form (PDF, 335 KB)
Item Number: SPR17-02
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee is proposing amendments to the rule regarding the format of the record on appeal to incorporate requirements for reporters’ transcripts that are delivered in electronic form. This proposal is based on a suggestion from a court reporters association.

Appellate Procedure: Verification of Writ Petitions (PDF, 301 KB)
Item Number: SPR17-03
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee is proposing amendments to several rules relating to writ petitions to include provisions reflecting statutory requirements that these petitions be verified. This proposal is in response to a recent Court of Appeal opinion that noted the absence of such a provision in one of these rules.

Appellate Procedure: Designation of the Record in Limited Civil Cases (updated 3/21/17) (PDF, 609 KB)
Item Number: SPR17-04
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

NOTE: Highlighting added to form APP-103 (3/21/17)

The Appellate Advisory Committee is proposing revisions to the form that appellants in limited civil cases may use to designate the record on appeal. The proposed revisions are intended to (1) clarify the consequences for an appellant of choosing not to designate a record of the oral proceedings in the trial court, (2) make it easier for the appellant to identify what portions of an electronic recording the appellant wants transcribed, and (3) provide spaces where the appellant can indicate that one of the permissible alternatives to a deposit for a court reporter’s transcript is being used. This proposal is in response to suggestions received from two superior courts.

Appellate Procedure: Service of Briefs in Misdemeanor Cases (PDF, 277 KB)
Item Number: SPR17-05
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee is proposing amendments to the rule regarding service of briefs in misdemeanor appeals to add provisions requiring the defendant’s appellate counsel to send to the defendant a copy of each brief for the defendant. This proposal is based on a suggestion from an attorney.

Appellate Procedure: Payment for Partially Prepared Reporter’s Transcripts (PDF, 279 KB)
Item Number: SPR17-06
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee is proposing amendments to the rules regarding preparation of reporters’ transcripts in misdemeanor and infraction appeals to add language providing for paying court reporters out of funds deposited by an appellant for portions of transcripts that have been prepared at the point the appeal is abandoned or dismissed. This proposal is based on a suggestion received from a court reporters’ association.

Civil and Small Claims

Civil Practice and Procedure: Request for Entry of Default (PDF, 210 KB)
Item Number: SPR17-07
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes adopting a new form to request entry of a default judgment in cases under the Fair Debt Buying Practices Act to facilitate compliance with the statutory requirements for a default judgment in such cases. The committee also proposes revising the current form used to request entry of a default judgment in all other civil cases to include a notice that the form is not for use in actions under the Fair Debt Buying Practices Act.  In addition, both forms include a revised 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 Office of the Attorney General.

Civil Practice and Procedure: Writ of Execution (PDF, 279 KB)
Item Number: SPR17-08
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee is proposing revisions to two forms and approval of a new optional form to facilitate use of the Writ of Execution (form EJ-130). The committee’s proposal responds to requests received over the years and requests for changes received in response to proposed revisions to form EJ-130 that were circulated for comment in 2016.

Civil Practice and Procedure: Denial of Request to Remove Name From Shared Gang Database (PDF, 377 KB)
Item Number: SPR17-26
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council adopted California Rules of Court, rule 3.2300 and approved new form MC-1000, Request for Review of Denial of Request to Remove Name From Gang Database, effective January 20, 2017, in response to Assembly Bill 2298 (Stats. 2016, ch. 752), which took effect January 1, 2017. The legislation authorized superior court review of a law enforcement agency’s denial of a request to remove an individual’s name from a shared gang database.1 The Civil and Small Claims Advisory Committee and the Criminal Law Advisory Committee are now seeking public comment on the rule and form.

Protective Orders: Response and Firearms Relinquishment Exemption (PDF, 431 KB)
Item Number: SPR17-23
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes revising the civil restraining order forms to allow the court the discretion to make exceptions to the statutory firearms relinquishment order if a firearm is required by the respondent’s employment. The committee also proposes revisions to the response forms to requests for restraining orders to provide space on the forms so that if a responding party disagrees with a request, he or she may provide an explanation. The existing forms may be misleading in proceedings governed by statutes that specifically provide that the responding party may file a response with an explanation. This explanatory information would also be helpful to the judicial officer.

Protective Orders: Requests for Immediate Orders (PDF, 320 KB)
Item Number: SPR17-24
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes revisions to all protective order forms to allow parties requesting temporary restraining orders to indicate if the request is being made “with notice.”

Protective Orders: Modification and Termination (PDF, 413 KB)
Item Number: SPR17-22
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes new forms relating to requests for the modification or termination of restraining orders. These forms will be available for use in proceedings to prevent civil harassment, elder and dependent adult abuse, private post-secondary school violence, and workplace violence.

Civil Jury Instructions (CACI)

(There are no items in this category.)

Code of Judicial Ethics

(There are no items in this category.)

Court Interpreters

Court Interpreters: Noncertified and Nonregistered Spoken Language Interpreter Qualifications (PDF, 488 KB)
Item Number: SPR17-20
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Court Interpreters Advisory Panel proposes adopting  a substantially modified versions of the rule that establishes the procedures for provisional qualification and temporary use of noncertified and nonregistered spoken language interpreters and of the form that provides information about these procedures. The panel also proposes revising the form regarding the qualifications of noncertified and nonregistered interpreters and adopting a new form regarding the temporary use of such interpreters. These changes would implement legislation that took effect January 1, 2015 and clarify existing processes. Additional changes to the rule and to form INT-110 would encourage noncertified and nonregistered interpreters to pursue certified and registered status.

Language Access: Designation of Representative and Handling Complaints (PDF, 170 KB)
Item Number: SPR17-21
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To implement Recommendations 25, 62, and 63 in the Strategic Plan for Language Access in the California Courts, adopted by the Judicial Council in January 2015, the Language Access Plan (LAP) Implementation Task Force proposes two new California Rules of Court to require each superior court to (1) designate a Language Access Representative, and (2) adopt a language access services complaint form and complaint procedures.

Court Technology

(There are no items in this category.)

Criminal

Civil Practice and Procedure: Denial of Request to Remove Name From Shared Gang Database (PDF, 377 KB)
Item Number: SPR17-26
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council adopted California Rules of Court, rule 3.2300 and approved new form MC-1000, Request for Review of Denial of Request to Remove Name From Gang Database, effective January 20, 2017, in response to Assembly Bill 2298 (Stats. 2016, ch. 752), which took effect January 1, 2017. The legislation authorized superior court review of a law enforcement agency’s denial of a request to remove an individual’s name from a shared gang database.1 The Civil and Small Claims Advisory Committee and the Criminal Law Advisory Committee are now seeking public comment on the rule and form.

Criminal Law: Felony Sentencing (PDF, 372 KB)
Item Number: SPR17-09
Deadline for Comments: April 28, 2017 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 in title 4, division 5 of the California Rules of Court. Conceived as an omnibus proposal to update and simplify these rules, it encompasses a variety of proposed amendments related to changes in California’s Determinate Sentencing Law and the passage of the Criminal Justice Realignment Act. Other proposed amendments seek to clarify the application of the rules to indeterminate sentences and provide further guidance to courts on (1) the referral of cases to probation for presentence investigation reports, (2) risk/needs assessments, and (3) sentencing enhancements. Lastly, the proposal contains various nonsubstantive, technical amendments to the rules.

Criminal Procedure: Court-Appointed Expert’s Report in Mental Competency Proceedings (PDF, 155 KB)
Item Number: SPR17-10
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending the California Rule of Court relating to mental competency proceedings in criminal cases to implement recommendations from the Judicial Council’s mental health task forces. This proposal would amend this rule to identify the information that must be included in a court-appointed expert’s report on a criminal defendant’s competency to stand trial.

Criminal Procedure: Motion and Order to Vacate Conviction or Sentence (PDF, 821 KB)
Item Number: SPR17-11
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes new optional forms to assist self-represented individuals and the courts in implementing the recent legislation that permit criminally convicted individuals no longer in custody to file a motion to vacate a conviction or sentence and withdraw the plea of guilty or nolo contendere based on prejudicial errors related to immigration consequences or newly discovered evidence of actual innocence as well as an existing statute provides similar relief for a comparable judicial error related to immigration consequences.

Criminal Procedure: Felony Waiver and Plea Form (PDF, 908 KB)
Item Number: SPR17-12
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes revisions to the Judicial Council Plea Form, with Explanations and Waiver of Rights—Felony (form CR-101). The proposed revisions (1) respond to recent case law that confirmed the scope of the advisement regarding the court’s approval of the plea agreement and underscored the importance of accurately conveying the advisement on form CR-101, and (2) add an advisement regarding the effect of a violation of the terms and conditions of mandatory supervision.

Criminal Procedure: Use of Risk/Needs Assessments at Sentencing (PDF, 374 KB)
Item Number: SPR17-27
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes adding new standard 4.35 of the California Standards of Judicial Administration on the use of risk/needs assessments. This standard would provide guidance to judges on the appropriate uses of the results of risk/needs assessments in criminal sentencing.

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

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Family and Juvenile

Civil Practice and Procedure: Denial of Request to Remove Name From Shared Gang Database (PDF, 377 KB)
Item Number: SPR17-26
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council adopted California Rules of Court, rule 3.2300 and approved new form MC-1000, Request for Review of Denial of Request to Remove Name From Gang Database, effective January 20, 2017, in response to Assembly Bill 2298 (Stats. 2016, ch. 752), which took effect January 1, 2017. The legislation authorized superior court review of a law enforcement agency’s denial of a request to remove an individual’s name from a shared gang database.1 The Civil and Small Claims Advisory Committee and the Criminal Law Advisory Committee are now seeking public comment on the rule and form.

Juvenile Law: Title IV-E Findings and Orders (PDF, 2052 KB)
Item Number: SPR17-13
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending three rules of court and revising 18 juvenile law forms designed to assist the courts in documenting required findings and orders in out-of-home placement cases. The proposed changes are designed to bring these rules and forms into compliance with recent legislation.

Juvenile Law: Court Appointed Special Advocate (PDF, 245 KB)
Item Number: SPR17-14
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends amending rule 5.655 (Program requirements for Court Appointed Special Advocate programs) to clarify the relationship between Court Appointed Special Advocate (CASA) programs and the court, and to comply with Assembly Bill 424 (Gaines; Stats 2015, ch. 71) and Assembly Bill 1712 (Beall; Stats 2012, ch. 846), which amended Welfare and Institutions Code sections 101 and 102 to authorize appointment of CASAs for delinquent youth and nonminor dependents. The committee also recommends approval of new form JV-474, “Nonminor Dependent—Consent to Copy and Inspect Court File.”

Juvenile Law: Psychotropic Medication (PDF, 1156 KB)
Item Number: SPR17-15
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending the rule relating to the administration of psychotropic medications to children who are dependents or wards of the court, adopting one form and revising eight forms, to address suggestions received from stakeholders who assisted with the implementation of recent statutory changes to the requirements for court authorization of psychotropic medication for foster children and others on this rule and these forms.

Indian Child Welfare Act: Amend Rule 5.552 to Allow Indian Child’s Tribe Access to Court Records Consistent with Welfare and Institutions Code Section 827 (PDF, 224 KB)
Item Number: SPR17-16
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and Tribal Court–State Court Forum jointly propose to amend California Rules of Court, rule 5.552 to conform to California statutory law. This proposal is in response to comments from practitioners and court staff advising that the discrepancies between the rule and statutory requirements were causing confusion.

Family Law & Juvenile Law: Stepparent Adoption and Contact After Adoption Revisions and Amendments (PDF, 951 KB)
Item Number: SPR17-17
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending rule 5.451 of the California Rules of Court and revising five Judicial Council forms for use in adoption proceedings.1 Changes are needed to conform to new legislation, Senate Bill 1060, relating to postadoption contact by siblings of dependent children or youth in delinquency; and Assembly Bill 2872, relating to stepparent adoptions. Other proposed changes correct inaccuracies and outdated material in the forms, which have not been updated since 2003.

Family Law: Transfers of Title IV-D Child Support Cases Between State and Tribal Court (PDF, 189 KB)
Item Number: SPR17-18
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and the Tribal Court-State Court Forum propose amendments to rule 5.372 governing discretionary transfer of title IV-D child support cases from the state courts to tribal courts in cases of concurrent jurisdiction. The amendments would allow transfers from the tribal court to the state court, clarify the contents and procedures for motions to transfer, and modify the factors and procedures for ruling on motions to transfer. These proposed amendments are based on suggestions received from those involved in transfers between the state courts in Humboldt and Del Norte Counties and the Yurok Tribal Court.

Family Law: Summary Dissolution Forms (PDF, 164 KB)
Item Number: SPR17-19
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes revoking one summary dissolution form, which may no longer be required given the passage of time and the fact that the form was adopted specifically for joint petitions for summary dissolution filed before January 1, 2011.

Judicial Administration

Judicial Administration: Judicial Branch Contracting Manual (PDF, 878 KB)
Item Number: SP17-01
Deadline for Comments: April 10, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Legislative Proposals

Proposed Legislation (Appellate Procedure) Authorizes Fees for Electronic Filing and Service (PDF, 148 KB)
Item Number: LEG17-01
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Administrative Presiding Justices Advisory Committee proposes amending the statutes relating to appellate court fees to clarify that an appellate court’s electronic filing service provider may charge a reasonable fee for its services, to allow an appellate court to contract with its electronic filing service provider to receive a portion of the fees collected by that provider, and to authorize the appellate courts to charge a fee to recover costs incurred for providing electronic filing. Persons entitled to fee waivers would not be subject to any of the fees provided for in this proposal.

Proposed Legislation (Appellate Procedure): Content of the Record in Certain Juvenile Appeals (PDF, 172 KB)
Item Number: LEG17-02
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

This proposal would amend the statute that specifies who may access and copy records in a juvenile case file to clarify that people who are entitled to seek review of certain orders in juvenile proceedings or who are respondents in such appellate proceedings may, for purposes of those appellate proceeding, access and copy those records to which they were previously given access by the juvenile court. The proposal would also clarify that either the juvenile court or the Court of Appeal may permit such individuals to access and copy additional records in the juvenile case file. This proposal is based on a suggestion from the executive officer of a Court of Appeal.

Proposed Legislation: Temporary Emergency Gun Violence Restraining Orders (PDF, 156 KB)
Item Number: LEG17-03
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes that the statutes establishing the procedure for obtaining emergency gun violence restraining orders be amended. The amendments would replace the requirement for compliance with procedures for the issuance of oral search warrants under Penal Code section 1526 when these orders are “obtained orally” with the requirement that the law enforcement officer memorialize and sign an affidavit under oath reciting the oral statements provided to the judicial officer. These amendments are intended to clarify the requirements for obtaining these orders and to promote consistency and uniformity by adopting similar requirements that apply to domestic violence cases under the Family Code.

Proposed Legislation (Criminal Procedure): Electronic Arrest Warrants (PDF, 149 KB)
Item Number: LEG17-04
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes amending Penal Code section 817 to eliminate several telephonic confirmation requirements between the magistrate and officer for arrest warrants issued electronically. This proposal would align section 817 with recent amendments to Penal Code section 1526, which governs the electronic issuance of search warrants.

Proposed Legislation (Technology): Electronic Service (PDF, 174 KB)
Item Number: LEG17-05
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) recommends amending section 1719 of the Civil Code and sections 405.22, 405.23, 594, 659, 660, and 663a of the Code of Civil Procedure. This legislative proposal would (1) authorize the courts to electronically serve a written demand for payment on the drawer of a bad check when the court is the payee of the check and the drawer of the check is accepting electronic service in the matter to which the check pertains; (2) authorize a party asserting a real property claim to electronically serve a notice of pendency of the action on other parties or owners when those parties or owners are already accepting electronic service in the action; (3) authorize electronic service of notices of intention to move for a new trial or vacate judgment; and (4) amend certain deadlines tied to dates of “mailing” to be tied instead to dates of “service.” The proposal originates from ITAC’s modernization project to amend statutes and California Rules of Court to facilitate electronic filing and service and to foster modern e-business practices.

Proposed Legislation (Traffic): Uniform Hourly Rate for Community Service in Lieu of Infraction Fine (PDF, 140 KB)
Item Number: LEG17-06
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Traffic Advisory Committee proposes amending Penal Code section 1209.5 to provide a uniform rate throughout the state for converting infraction fines into community service hours. Specifically, the committee proposes a uniform hourly rate of double the California state minimum wage for community service performed in lieu of paying infraction fines. The committee developed this proposal in response to Judicial Council directives to consider recommendations to promote access to justice in all infraction cases.

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

(There are no items in this category.)

Protective Orders

Protective Orders: Modification and Termination (PDF, 413 KB)
Item Number: SPR17-22
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes new forms relating to requests for the modification or termination of restraining orders. These forms will be available for use in proceedings to prevent civil harassment, elder and dependent adult abuse, private post-secondary school violence, and workplace violence.

Protective Orders: Response and Firearms Relinquishment Exemption (PDF, 431 KB)
Item Number: SPR17-23
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes revising the civil restraining order forms to allow the court the discretion to make exceptions to the statutory firearms relinquishment order if a firearm is required by the respondent’s employment. The committee also proposes revisions to the response forms to requests for restraining orders to provide space on the forms so that if a responding party disagrees with a request, he or she may provide an explanation. The existing forms may be misleading in proceedings governed by statutes that specifically provide that the responding party may file a response with an explanation. This explanatory information would also be helpful to the judicial officer.

Protective Orders: Requests for Immediate Orders (PDF, 320 KB)
Item Number: SPR17-24
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes revisions to all protective order forms to allow parties requesting temporary restraining orders to indicate if the request is being made “with notice.”

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.)

Technology

Technology: Rules Modernization Project (PDF, 279 KB)
Item Number: SPR17-25
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

As part of the Rules Modernization Project, the Information Technology Advisory Committee recommends amending several rules related to electronic service and electronic filing found in title 2, division 3, chapter 2 of the California Rules of Court. The proposed amendments are intended to improve the organization of the rules, improve the rules’ consistency with the Code of Civil Procedure, and reduce redundancies between the rules and the Code of Civil Procedure.

Traffic

(There are no items in this category.)

Tribal Court–State Court Forum

Family Law: Transfers of Title IV-D Child Support Cases Between State and Tribal Court (PDF, 189 KB)
Item Number: SPR17-18
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and the Tribal Court-State Court Forum propose amendments to rule 5.372 governing discretionary transfer of title IV-D child support cases from the state courts to tribal courts in cases of concurrent jurisdiction. The amendments would allow transfers from the tribal court to the state court, clarify the contents and procedures for motions to transfer, and modify the factors and procedures for ruling on motions to transfer. These proposed amendments are based on suggestions received from those involved in transfers between the state courts in Humboldt and Del Norte Counties and the Yurok Tribal Court.

Indian Child Welfare Act: Amend Rule 5.552 to Allow Indian Child’s Tribe Access to Court Records Consistent with Welfare and Institutions Code Section 827 (PDF, 224 KB)
Item Number: SPR17-16
Deadline for Comments: April 28, 2017 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and Tribal Court–State Court Forum jointly propose to amend California Rules of Court, rule 5.552 to conform to California statutory law. This proposal is in response to comments from practitioners and court staff advising that the discrepancies between the rule and statutory requirements were causing confusion.

Other

(There are no items in this category.)

SEC Report

(There are no items in this category.)

Special Cycle

(There are no items in this category.)

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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