Invitations to 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

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Civil Practice and Procedure: Waivers of Court Fees for Court Reporters and Interpreters - W19 - 06 (PDF, 423 KB)
Item Number: W19 - 06
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Recent changes in the law pertaining to court fees for providing court reporters, providing court interpreters to parties in civil cases by priority level, and reimbursing courts for the cost of providing interpreters affect certain rules and forms that address fee waivers. The California Supreme Court recently held that courts that do not provide official court reporters must make available to parties entitled to a waiver of fees court reporters or other means to create a verbatim record. (Jameson v. Desta (2018) 5 Cal.5th 594.) Earlier legislation (Assem. Bill 1657; Stats. 2014, ch. 721) added a section to the Evidence Code that requires the Judicial Council to reimburse courts for court interpreter services for parties in civil cases and prioritizes by case type the provision of court interpreter services. The Civil and Small Claims Advisory Committee proposes that two California Rules of Court be amended and several fee waiver forms be revised to provide, generally, that a party that has been granted a fee waiver may request a court to provide an official reporter at a proceeding; delete an item addressing court-appointed interpreters in small claims actions; and change the language addressing court reporter’s fees.

Civil Practice and Procedure: Order on Unlawful Use of Personal Identifying Information - W19 - 05 (PDF, 209 KB)
Item Number: W19 - 05
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Legislation effective January 1, 2019, authorizes a person who believes that his or her personal identifying information has been used unlawfully in a business entity filing to petition a court for a determination of unlawful use and issuance of an order certifying that determination and ordering specified actions. Senate Bill 1196 (Jackson; Stats. 2018, ch. 696) requires the Judicial Council to develop a form for issuing the order. The Civil and Small Claims Advisory Committee proposes that new Order on Unlawful Use of Personal Identifying Information (form CIV-165) be used for that purpose.

Civil Practice and Procedure: Unlawful Detainer - W19 - 04 (PDF, 232 KB)
Item Number: W19 - 04
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Recent legislation added to and amended the Code of Civil Procedure section regarding unlawful detainer actions to expand affirmative defenses and to clarify that the period of time in which a defendant must respond to a summons does not include Saturday, Sunday, and other judicial holidays. The Civil and Small Claims Advisory Committee proposes revising two forms, Answer—Unlawful Detainer (form UD-105) and Summons Unlawful Detainer—Eviction (form SUM-130), to make them consistent with these statutory changes.

Civil Practice and Procedure: Name Change and Gender Change Forms - W19 - 03 (PDF, 1137 KB)
Item Number: W19 - 03
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council has recently adopted and revised several Name Change forms at the recommendation of the Civil and Small Claims Advisory Committee to reflect recently enacted legislative amendments that go into effect January 1, 2019. Assembly Bill 3250 (Stats. 2018,ch. 776) added new requirements for issuance and service of orders to show cause in certain name change and gender-change recognition proceedings initiated by parents or guardians, as well as requiring new judicial findings in gender-change recognition proceedings brought by guardians. Assembly Bill 2201 (Stats. 2018, ch. 818) added a new category of petitioners (those seeking to avoid human trafficking) to those who may seek confidential name changes. The forms have been revised, and the two additional forms adopted, prior to circulation so that they will be correct when the laws become effective. The Civil and Small Claims Advisory Committee is now circulating these forms and seeking comments following adoption of the forms. The committee will recommend further revisions, based on the comments, if appropriate.

Restraining Orders: Proposed Gun Violence Restraining Orders for Senate Bill 1200 Hearing Requirement - W19 - 02 (PDF, 1236 KB)
Item Number: W19- 02
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee is proposing five new gun violence restraining order (GVRO) forms and two revised GVRO forms to facilitate courts and parties in complying with the new hearing requirement in Penal Code section 18148. The proposal also revises the current GVRO forms relating to a restrained party providing proof of the surrender or sale of firearms, ammunition, and ammunition to more clearly reflect the statutory provisions

Protective Orders: Gun Violence Restraining Order Forms - W19 - 01 (PDF, 1950 KB)
Item Number: W19-01
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

At the November 30, 2018 meeting, the Judicial Council, at the recommendation of the Civil and Small Claims Advisory Committee, approved revising 22 gun violence restraining order (GVRO) forms to reflect recently enacted legislative amendments that go into effect January 1, 2019. Recently enacted Senate Bill 1200 (Stats. 2018, ch. 898) requires orders under Penal Code section 18100 et seq. to be referred to as gun violence restraining orders, expands the definition of ammunition to include a magazine, prohibits a filing fee for GVRO forms and documents, requires a law enforcement officer to make a specific request when serving a gun violence restraining order, and provides that parties do not need to pay the sheriff for service of a GVRO. The short time frame between the bill passage and implementation date necessitated that the forms be revised without time for public comment before they went into effect. The forms are now being circulated for comment, and the Civil and Small Claims Advisory Committee will recommend any appropriate revisions based on comments received.

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Draft Revision of Prioritization Methodology for Trial CourtCapital-Outlay Projects (PDF, 1146 KB)
Item Number: CFAC18-01
Deadline for Comments: January 8, 2019 5:00 PM (Pacific)
Or, email: CFAC@jud.ca.gov

The Court Facilities Advisory Committee welcomes comments on the draft Revision of Prioritization Methodology for Trial Court Capital-Outlay Projects. This draft is proposed to revise the Judicial Council’s current policy per legislative mandate for the council to reassess and reprioritize its unfunded capital projects. The 2018 Budget Act’s trailer bill language requires that the Judicial Council develop/submit a new Trial Court Capital-Outlay Plan to the legislature by December 31, 2019.

Juvenile Law: Guardianship Information - W19 - 07 (PDF, 1197 KB)
Item Number: W19 - 07
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes revising one form and revising and renumbering another form to update legal information for prospective guardians of children in juvenile court proceedings, in language and a format easily understood by a person not trained in law. The proposal is needed to comply with an ongoing statutory mandate. Revisions were suggested both informally and through the spring 2018 comment cycle by child welfare departments, county counsel’s offices, juvenile courts, and the Judicial Council’s Probate and Mental Health Advisory Committee.

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Language Access: Language Services in Noncourtroom Programs and Services - W19 - 09 (PDF, 264 KB)
Item Number: W19 - 09
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Council has charged the Language Access Plan Implementation Task Force with overseeing and ensuring implementation of the Strategic Plan for Language Access in the California Courts (LAP). The plan provides a comprehensive and systematic approach to expanding language access in the California courts, in fulfillment of the courts’ obligations under title VI of the Civil Rights Act of 1964. The Task Force proposes a new rule of court and three optional forms to satisfy a series of LAP recommendations focusing on the provision of language services outside the courtroom.

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Probate Conservatorship and Guardianship: Qualifications and Education of Appointed Counsel - W19 - 08 (PDF, 1307 KB)
Item Number: W19 - 08
Deadline for Comments: February 12, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee proposes repealing one rule of court and adopting five new rules of court to clarify and amend the minimum qualifications and education requirements for counsel appointed to represent wards and conservatees in guardianship, conservatorship, and other proceedings under division 4 of the Probate Code. The committee also proposes revising two forms for mandatory use by attorneys to certify that they meet the requirements for appointment. The amendments and revisions were suggested by courts, stakeholders, and disability rights advocates to clarify the existing requirements, resolve inconsistencies with statute, promote more effective representation, and simplify the certification process.

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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