Invitations to Comment

Public comments

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

Proposals Open for Public Comment by Topic


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Appellate Procedure, Juvenile Law: Access to Juvenile Case Files in Appellate Court Proceedings (PDF, 1389 KB)
Item Number: W20-02
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: To implement recent Judicial Council–sponsored legislation amending the statute that governs access to records in a juvenile case, the Appellate Advisory Committee and the Family and Juvenile Law Advisory Committee propose amending the rules regarding confidentiality in juvenile court and appellate court proceedings. The statutory amendment provides that individuals who petitioned for, and by order of the juvenile court were granted access to, the juvenile case file are entitled to access those same records for purposes of appellate court proceedings in which they are parties. This proposal would revise a number of forms to add a new notice about access to records on review and make other clarifying changes. The committees also propose a new information sheet to assist those litigants who must file a petition to request access to records.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Appellate Procedure: Appointment of Counsel in Misdemeanor Appeals (PDF, 1218 KB)
Item Number: W20-01
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: To implement the California Supreme Court's decision in Gardner v. Appellate Division of Superior Court (2019) 6 Cal.5th 998, the Appellate Advisory Committee proposes amending the rule regarding appointment of counsel in misdemeanor appeals to expand the circumstances under which the appellate division must appoint counsel for an indigent defendant. The proposal would also revise two forms to be consistent with the rule amendments.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Civil Practice and Procedure: Enforcement of Judgment Forms—Exemptions (PDF, 1272 KB)
Item Number: W20-05
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: Recently enacted Senate Bill 616 amends several laws regarding exemptions to enforcement of civil money judgments. The amendments have two primary purposes: to extend the time for making and opposing claims of exemption, and to create a new automatic exemption for deposit accounts. A new automatic exemption for Federal Emergency Management Agency funds provided to a judgment debtor was also created. The Civil and Small Claims Advisory Committee proposes that the Judicial Council revise several enforcement of judgment forms and approve several new ones to implement the new provisions.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Civil Practice and Procedure: Confidential Information Form Under Code of Civil Procedure Section 367.3 (PDF, 986 KB)
Item Number: W20-04
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: Assembly Bill 800 provides that a party who is participating in the Safe at Home program (an address confidentiality program run by the Secretary of State) may appear pseudonymously in a civil action, and that the true name of the party as well as any other identifying characteristics are to be kept confidential by the court and other parties in the case. The Civil and Small Claims Advisory Committee proposes a new form to be used by pseudonymous parties to provide their true names to the courts and the other parties to the action, and for all parties to the action to use to provide any other identifying characteristics that have been redacted from pleadings or other papers filed with the court.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Unlawful Detainer: Complaint and Answer Forms (PDF, 1086 KB)
Item Number: W20-03
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: The Civil and Small Claims Advisory Committee proposes revising the Judicial Council unlawful detainer complaint and answer forms to reflect the changes in landlord-tenant law enacted in Assembly Bill 1482, the Tenant Protection Act of 2019.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Civil Jury Instruction (CACI20-01) (PDF, 2280 KB)
Item Number: CACI 20-01
Deadline for Comments: March 2, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: civiljuryinstructions@jud.ca.gov

Civil Jury Instructions: Revisions to Judicial Council of California Civil Jury Instructions (CACI)
Summary: The Advisory Committee on Civil Jury Instructions has posted proposed additions and revisions to the Judicial Council civil jury instructions (CACI). Under rule 10.58 of the California Rules of Court, the advisory committee is responsible for regularly reviewing case law and statutes affecting jury instructions and making recommendations to the Judicial Council for updating, revising, and adding topics to the council’s civil jury instructions. On approval by the Judicial Council, all changes will be published in the 2020 midyear supplement of the official LexisNexis Matthew Bender CACI publication.

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Juvenile Law: Educational Rights Holders (PDF, 1298 KB)
Item Number: W20-08
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: The Family and Juvenile Law Advisory Committee recommends amending California Rules of Court, rule 5.649 (Right to make educational or developmental-services decisions); revising Order Designating Educational Rights Holder (form JV-535) and its attachment (form JV-535(A)); and adopting form JV-535-INFO to clarify requirements, alleviate confusion, and provide more guidance on service of process. The committee considers this proposal a matter of some urgency because it has received several comments about and requests for improvements to forms JV-535, JV-535(A), and rule 5.649 from court clerks, attorneys, and judges primarily expressing confusion about what the rule requires, inadequate guidance on service requirements, and a lack of clarity and insufficient information on the forms. This proposal details suggested amendments to the rule, revisions to the forms, and the adoption of a new form, JV-535-INFO, to further clarify the procedural requirements regarding educational rights holders.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

Juvenile Law: Psychotropic Medication Information Release (PDF, 1256 KB)
Item Number: W20-07
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: The Family and Juvenile Law Advisory Committee recommends adopting one rule of court and amending one rule of court, and approving three forms and amending three forms, to conform to recent statutory changes regarding children for whom the juvenile court has approved requests for prescription of psychotropic medications, which were enacted by Senate Bill 377 (McGuire; Stats. 2019, ch. 547).
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

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Mandatory Form for Notification of a Party’s Military Status (PDF, 466 KB)
Item Number: W20-06
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: The Collaborative Justice Courts Advisory Committee proposes revising Notification of Military Status (form MIL-100), which informs the court that a party in a court case is or was in the military, to change the form from optional to mandatory and require those individuals who choose to disclose military status to do so with the proposed form. The revisions to the current form will enable courts to improve early identification of court litigants in all case types who have a military affiliation, and will assist courts in complying with Penal Code section 858 requirements.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm.

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Protective Orders: Duration and Categories of Petitioners for Gun Violence Restraining Orders; Relinquishment of Firearm Rights (PDF, 2740 KB)
Item Number: W20-10
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: The Civil and Small Claims Advisory Committee recommends adopting 1 new gun violence restraining order (GVRO) form and revising 18 existing forms. These changes are needed to implement recent amendments in the Penal Code: Assembly Bill 12 allows an officer to file a GVRO in the name of the officer's law enforcement agency and extends the duration of a GVRO to a maximum of five years; Assembly Bill 61 allows an employer, coworker, or school administrator or teacher of a person believed to be dangerous to file a petition requesting a GVRO; and Assembly Bill 1493 authorizes a person who is the subject of a GVRO to submit a form to the court voluntarily relinquishing his or her firearm rights.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm

Protective Orders: Forms and Procedures for Protecting Minors’ Information (PDF, 1899 KB)
Item Number: W20-09
Deadline for Comments: February 11, 2020 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Summary: Current law provides that a minor or minor’s legal guardian may ask the court to make certain information regarding the minor confidential in a domestic violence or civil harassment restraining order proceeding. Assembly Bill 925 (Stats. 2019, ch. 294) changes the penalty associated with misuse or disclosure of a minor’s confidential information, provides circumstances in which the confidential information may be disclosed, and allows a third-party to request release of confidential information under limited circumstances.

The Family and Juvenile Law Advisory Committee and the Civil and Small Claims Advisory Committee jointly recommend amending rules of court, adopting eight forms (a set of four in the Domestic Violence Prevention series and a set of four in the Civil Harassment Prevention series), and revising several forms, in order to implement the provisions in AB 925.
Deadline to Submit comments: Tuesday, February 11, 2020, at 5:00 pm

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