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: Electronic Signatures (PDF, 308 KB)
Item Number: SPR21-01

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Appellate Advisory Committee proposes amending two rules of court governing electronic filing in the appellate courts to permit the use of electronic signatures and make other updates. The trial court electronic filing rules have been amended several times recently, including to allow electronic signatures. Several similar amendments for the parallel appellate rules are now being proposed to foster modern e-business practices, promote consistency in the rules and efficiency among stipulating parties, and reduce unnecessary transmission of paper documents. The proposed amendments to rule 8.70 would add a definition for electronic signature and update several other definitions. The amendments to rule 8.75 would authorize the use of electronic signatures on electronic documents filed with the court and reorganize parts of the rule to improve clarity and eliminate redundancies. This proposal originated from the suggestion of an attorney in private practice.

Appellate Procedure: Appeal After Plea of Guilty or Nolo Contendere or Admission of Probation Violation (PDF, 310 KB)
Item Number: SPR21-02

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Appellate Advisory Committee proposes amending the rule that governs initiating an appeal in a felony case after a plea of guilty or nolo contendere or after an admission of a probation violation. In these cases, a certificate of probable cause is required if the defendant seeks to appeal an issue that challenges the validity of the plea or admission. Currently, the rule requires the trial court clerk to mark a notice of appeal “Inoperative” if the defendant did not file the statement requesting a certificate of probable cause or the trial court denied a certificate. However, because an appeal can be based on grounds that do not require a certificate, the clerk must review the notice of appeal and decide whether it should be filed notwithstanding the lack of a certificate. The amendments would reorganize the rule, simplify procedures, and eliminate the onus on the clerk to make a legal decision. The proposal is based on a suggestion from a member of another advisory committee.

Discovery: Remote Depositions (PDF, 341 KB)
Item Number: SPR21-03

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Civil and Small Claims Advisory Committee recommends amending rule 3.1010 of the California Rules of Court governing remote depositions. The proposed amendments reflect recent statutory changes enacted in Senate Bill 1146 (Stats. 2020, ch. 112, § 3) that (1) removed the requirement that deponents appear in the physical presence of the deposition officer, and (2) eliminated the different treatment for party and nonparty deponents. The revised law also permits any party to be physically present with the deponent during the deposition. Accordingly, the proposed amendment adds a notice requirement for any party wishing to do so.

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Collaborative Justice: Updating the Collaborative Justice Courts Advisory Committee’s Area of Focus and Duties (PDF, 294 KB)
Item Number: SPR21-04

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Collaborative Justice Courts Advisory Committee recommends amending rule 10.56 of the California Rules of Court to expand and clarify its areas of focus and duties. This recommendation would allow the advisory committee to better address judicial leadership and court processes impacting collaborative justice courts and similar programs that impact individuals who are moving through the court system and who have mental illnesses, substance use disorders, or co-occurring disorders. These proposed amendments seek to (1) revise the scope of duties to more accurately align with the evolution of collaborative courts, and (2) allow the advisory committee to address diversion and other collaborative programs involving the courts and informed by—or could benefit from—the incorporation of collaborative justice court principles and practices.

Criminal Procedure: Immigration Consequences Advisement on Plea Forms (PDF, 806 KB)
Item Number: SPR21-06

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Criminal Law Advisory Committee proposes revisions to Plea Form, With Explanations and Waiver of Rights—Felony (form CR-101) and Domestic Violence Plea Form with Waiver of Rights (Misdemeanor) (form CR-102) to conform to case law that has clarified the requirements for court and counsel immigration consequences advisements.

Criminal Forms: Incarcerated Individual Hand Crew Conviction Relief (PDF, 533 KB)
Item Number: SPR21-07

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Criminal Law Advisory Committee recommends four new optional forms to implement the provisions of Assembly Bill 2147 (Stats 2020, ch. 60), which authorizes conviction relief for a petitioner who successfully participated as an incarcerated individual hand crew member in a fire camp program operated by a county or the California Department of Corrections and Rehabilitation.

Criminal Forms: Commitment Orders for Sexually Violent Predators (PDF, 1088 KB)
Item Number: SPR21-08

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Criminal Law Advisory Committee recommends revising Order for Commitment (form CR-173) and revoking Order for Extended Commitment (form CR-174) to incorporate changes to the statutes governing sexually violent predator proceedings (Welf. & Inst. Code, § 6600 et seq.), replace gender-specific pronouns, and incorporate revisions for procedural efficiency, accuracy, and clarity.

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Collaborative Justice: Updating the Collaborative Justice Courts Advisory Committee’s Area of Focus and Duties (PDF, 294 KB)
Item Number: SPR21-04

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Collaborative Justice Courts Advisory Committee recommends amending rule 10.56 of the California Rules of Court to expand and clarify its areas of focus and duties. This recommendation would allow the advisory committee to better address judicial leadership and court processes impacting collaborative justice courts and similar programs that impact individuals who are moving through the court system and who have mental illnesses, substance use disorders, or co-occurring disorders. These proposed amendments seek to (1) revise the scope of duties to more accurately align with the evolution of collaborative courts, and (2) allow the advisory committee to address diversion and other collaborative programs involving the courts and informed by—or could benefit from—the incorporation of collaborative justice court principles and practices.

Family Law: Changes to Notice Regarding Confidentiality of Child Custody Evaluation Report (PDF, 241 KB)
Item Number: SPR21-09

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Family and Juvenile Law Advisory Committee proposes revising the mandatory coversheet for all child custody evaluation reports. The proposed revisions to form FL-328 are needed to reflect the more stringent limitations on access to child custody evaluation reports involving serious allegations of child sexual abuse or child abuse conducted under Family Code section 3118.1.

Family Law: Reenactment of Family Code section 4007.5 (PDF, 1599 KB)
Item Number: SPR21-10

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Family and Juvenile Law Advisory Committee proposes revising several forms in order to provide court users and the public with information regarding relief available to incarcerated or involuntarily institutionalized child support obligors. The proposed revisions are needed to reflect new law under recently reenacted Family Code section 4007.5.

Juvenile Law: Sealing of Records (PDF, 1316 KB)
Item Number: SPR21-11

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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: The Family and Juvenile Law Advisory Committee proposes amending a rule of court, revising three forms, and approving three new optional forms to implement recent legislative changes concerning the sealing of juvenile records. The legislative changes allow access to sealed records for two additional purposes and expand sealing of records for youth diverted from the juvenile courts.

Juvenile Law: Short-Term Residential Therapeutic Program Placement (PDF, 1360 KB)
Item Number: SPR21-12

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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To coincide with the effective date of a pending budget trailer bill, the Family and Juvenile Law Advisory Committee proposes that the Judicial Council adopt a new rule of the California Rules of Court, amend a rule, adopt five new Judicial Council forms, and revise five Judicial Council forms, effective October 1, 2021. If enacted, the trailer bill would implement part IV of the federal Family First Prevention Services Act, with an expected effective date of October 1, 2021. The trailer bill would create a new court hearing in which the juvenile court will be required to approve or deny any new placement of a child or nonminor dependent in a short-term residential therapeutic program (STRTP) after receiving a report that includes an assessment from a statutorily defined “qualified individual.” While this bill makes its way through the budget process, the committee is concurrently circulating this rules and forms proposal to have implementing rules and forms available if this language is in the enacted budget trailer bill.

Judicial Administration: Court’s Duty to Prevent Bias (PDF, 353 KB)
Item Number: SP21-03

Comments must be submitted by June 25, 2021 5:00 PM (Pacific)
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The Work Group to Enhance Administrative Standards Addressing Bias in Court Proceedings recommends amendments to California Standards of Judicial Administration, standard 10.20 (Court’s duty to prohibit bias), to support the integrity and impartiality of the judicial system and to promote a courtroom environment free of bias or the appearance of bias. The work group was appointed by Chief Justice Tani G. Cantil-Sakauye to identify improvements and propose amendments to standard 10.20. The work group was charged with ensuring that the standard, last substantively amended in 1997, reflects current law and current understandings regarding the elimination of bias and provides a framework for courts to work with their local communities to address these important issues. Comments must be submitted by Friday, June 25, 2021, at 5:00 PM (Pacific)

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Judicial Council–Sponsored Legislation: Authorization for Remote Appearances and Expansion of Defendant Personal Presence Provisions in Criminal Proceedings (PDF, 410 KB)
Item Number: LEG21-01

Comments must be submitted by May 21, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Criminal Law Advisory Committee recommends that the Judicial Council sponsor legislation to provide statutory authority for remote appearances in criminal proceedings, provide statutory authority for courts to order the personal presence of a misdemeanor defendant, and expand waiver of the defendant’s right to be personally present in a felony case.

Judicial Council–Sponsored Legislation: Vendor Storage of Exhibits and Evidence in Electronic Format (PDF, 343 KB)
Item Number: LEG21-02

Comments must be submitted by May 21, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to authorize courts to use vendors for storage of exhibits and evidence in electronic format. The purpose of the proposal is to facilitate the use of electronic exhibits and electronic evidence in courts. The proposal originates with recommendations from the Information Technology Advisory Committee’s Digital Evidence Workstream

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Collaborative Justice: Updating the Collaborative Justice Courts Advisory Committee’s Area of Focus and Duties (PDF, 294 KB)
Item Number: SPR21-04

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Collaborative Justice Courts Advisory Committee recommends amending rule 10.56 of the California Rules of Court to expand and clarify its areas of focus and duties. This recommendation would allow the advisory committee to better address judicial leadership and court processes impacting collaborative justice courts and similar programs that impact individuals who are moving through the court system and who have mental illnesses, substance use disorders, or co-occurring disorders. These proposed amendments seek to (1) revise the scope of duties to more accurately align with the evolution of collaborative courts, and (2) allow the advisory committee to address diversion and other collaborative programs involving the courts and informed by—or could benefit from—the incorporation of collaborative justice court principles and practices.

Indian Child Welfare Act (ICWA): Implementation of AB 3176 in Probate Guardianships and Conservatorships (PDF, 1257 KB)
Item Number: SPR21-13

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Probate and Mental Health Advisory Committee and the Tribal Court–State Court Forum (forum) recommend amending four rules of court and revising two forms to clarify the procedures required in probate guardianship and conservatorship proceedings involving an Indian child to which the Indian Child Welfare Act (ICWA) may or does apply. The proposed amendments and revisions would update the rules and forms to conform to the requirements of the 2016 federal ICWA regulations, California statutory changes, and recent amendments to the California Rules of Court governing ICWA proceedings generally.

Domestic Violence: Revising Forms to Implement New Laws (PDF, 4631 KB)
Item Number: SPR21-14

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
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The Family and Juvenile Law Advisory Committee recommends revising five forms in the domestic violence restraining order series to implement new laws enacted by Senate Bill 1141 (Rubio; Stats. 2020, ch. 248) and Assembly Bill 2517 (Gloria, Stats. 2020; ch. 245), and to make the forms easier to understand and enforce.

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Rules: Lodged Electronic Exhibits (PDF, 314 KB)
Item Number: SPR21-15

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Information Technology Advisory Committee recommends the Judicial Council amend rules 2.251, 2.252, 2.253, 2.255, 2.258, and 2.259 of the California Rules of Court. The purpose of the proposal is to meet Penal Code section 690.5’s requirement that the Judicial Council adopt rules for the electronic filing and service of documents in criminal cases in the trial courts.

Rules: Electronic Filing and Service in Criminal Cases (PDF, 368 KB)
Item Number: SPR21-16

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Information Technology Advisory Committee recommends the Judicial Council amend rules 2.251, 2.252, 2.253, 2.255, 2.258, and 2.259 of the California Rules of Court. The purpose of the proposal is to meet Penal Code section 690.5’s requirement that the Judicial Council adopt rules for the electronic filing and service of documents in criminal cases in the trial courts.

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Indian Child Welfare Act (ICWA): Implementation of AB 3176 in Probate Guardianships and Conservatorships (PDF, 1257 KB)
Item Number: SPR21-13

Comments must be submitted by May 27, 2021 5:00 PM (Pacific)
Submit Comment Online Comment by email

The Probate and Mental Health Advisory Committee and the Tribal Court–State Court Forum (forum) recommend amending four rules of court and revising two forms to clarify the procedures required in probate guardianship and conservatorship proceedings involving an Indian child to which the Indian Child Welfare Act (ICWA) may or does apply. The proposed amendments and revisions would update the rules and forms to conform to the requirements of the 2016 federal ICWA regulations, California statutory changes, and recent amendments to the California Rules of Court governing ICWA proceedings generally.

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