Civil Jury Instructions

Changes to California Civil Jury Instructions (PDF, 1.9 MB)

Summary: New, revised and revoked instructions and verdict forms reflecting recent developments in the law.

Judicial Ethics

Communications With Corrections Officials (PDF, 68 KB)

This proposed amendment would clarify the circumstances under which a judge may communicate with corrections officials. It would add the Board of Parole Hearings and the Office of the Governor as entities with which a judge may communicate.

Conflicts of Interest for Judges With Administrative Responsibilities (PDF, 39 KB)

This proposed amendment would require judges to discharge their administrative responsibilities on the basis of merit, without bias and prejudice, and in a manner that promotes public confidence in the integrity of the judiciary.

Civil

Electronic Discovery: Legislation and rules (PDF, 178 KB)

To modernize civil discovery law and improve the procedures for handling the discovery of electronically stored information, this proposal would amend California's Civil Discovery Act and two rules in the California Rules of Court on the management of civil cases.

Juvenile

Juvenile Dependency Court Performance Measures (PDF, 72 KB)

The proposed rule would adopt five broad juvenile dependency court performance measures, and would require the publication of a Judicial Council-approved implementation guide containing definitions of the performance measures and detailed descriptions of the data elements and the methods for producing the performance measures.

Judicial Administration

Court Security Plans (PDF, 125 KB)

The proposal would implement Government Code section 69925, which directs the Judicial Council to provide the subject areas to be addressed in a court security plan and establish a process for the review of court security plans.

Judicial Branch Travel Expense Reimbursement Policy (PDF, 57 KB)

The proposal defines the applicability of the Judicial Branch Travel Expense Reimbursement Policy and delegates to the Administrative Director of the Courts the authority to amend the policy.

Probate

Graduated Filing Fee in Decedents' Estates (PDF, 117 KB)

The proposal would implement changes made by recent legislation in the way that the graduated filing fee in decedents' estates will be determined and paid in estates commenced after December 31, 2007.

Changes in the Petition for Appointment of Temporary Conservator or Guardian and the Order Appointing Probate Conservator (PDF, 147 KB)

Form GC-110 would be restructured as two separate petitions, one for conservatorships and one for guardianships, and modified to reflect changes in rules and legislation. Form GC-340 would be revised to include a mandatory finding required by 2007 legislation.

Probate

Qualifications of Counsel for Appointment in Conservatorships and Guardianships (PDF, 323 KB)

The proposed form would be used by attorneys to demonstrate qualifications for appointment by the court to represent conservatees or proposed conservatees in probate conservatorship matters, or minors in probate guardianship proceedings, under rule 7.1101 of the California Rules of Court.

Traffic

Traffic Infractions: Installment Payment of Bail Forfeitures and Traffic Violator School Fees (PDF, 136 KB)

The proposed forms, which would be used by court clerks to process installment payment of bail forfeitures and traffic violator school fees without requiring an appearance by a defendant in court before a judicial officer, are authorized by recently enacted legislation.

Criminal Jury Instructions

Changes to California Criminal Jury Instructions (PDF, 1.8 MB)

Summary:
The Advisory Committee on Criminal Jury Instructions is currently circulating proposed changes to 45 criminal jury instructions for public comment. Proposed additions are underlined, proposed deletions are shown in "strike-out" format.

Civil Jury Instructions (CACI) Revisions

Criminal Cases: Rules for Felony Sentencing in light of Senate Bill 40 (amend Cal. Rules of Court, rules 4.405, 4.406, 4.420, 4.428, 4.433, and 4.452)

The Rules of Court regarding the determinate sentencing law were recently amended to bring them into conformity with recent legislative changes (Sen. Bill 40) addressing the United States Supreme Court decision in Cunningham v. California. Given the urgency of the issue, they were not circulated for comment before being adopted, but rather are being circulated now to obtain public comment.

Proposal, (PDF)

Criminal Cases: New Advisory Committee Comment to rule regarding jury voir dire (amend Cal. Rules of Court, rule 4.201)

The procedure regarding when to allow and when to inform prospective jurors of the possibility of sequestered voir dire is not well-known. This proposal would add an advisory committee comment clarifying when sequestered voir dire is appropriate and when courts might wish to inform prospective jurors of the possibility.

Proposal, (PDF)

Probate: Education of Judicial Officers Regularly Assigned to Hear Probate Matters; Qualifications and Education of Probate Department Court Staff and Attorneys Appointed in Conservatorships and Guardianships

The proposed new and amended rules of court would establish (1) education requirements for judicial officers regularly assigned to hear probate matters; (2) qualifications and education requirements for probate court investigators, probate examiners, and probate staff attorneys; and (3) qualifications and education requirements for private attorneys and public defenders appointed by the court in probate conservatorship and guardianship proceedings.

Proposal, (PDF)

Probate: Statement of Conservatee's Rights

The proposed new Notice of Conservatee's Rights (form GC-341) is a statement of the rights of a probate conservatee following appointment of a conservator, with a proof of mailing to the conservatee and other interested persons together with a copy of the Order Appointing Probate Conservator (form GC-340). Form GC-341(MA) is an attachment to the new form to provide a list of persons to whom copies of the Notice and the Order were mailed, in addition to those listed in the proof of mailing in form GC-341.

Proposal, (PDF)

Probate: Standards for the Good Cause Exception to Notice of Hearing of a Petition for Appointment of a Temporary Guardian or Conservator

The proposed rules would establish uniform statewide standards for exceptions to the notice of hearing required for a petition for the appointment of a temporary guardian (rule 7.1012) or a temporary conservator (rule 7.1062).

Proposal, (PDF)

Probate: Surety bonds in conservatorships and guardianships:

The proposed new rule would fulfill a mandate to define and implement a statutory increase in the amount of the surety bond required of conservators and guardians of estates to include a reasonable amount for the cost of recovery on the bond, including reasonable attorney's fees and costs.

Proposal, (PDF)

Probate: Notices of Changes of Residence of Conservatees and Wards:

Revised form GC-080 would provide both the newly-required advance notice of intent to change a conservatee's or ward's personal residence and the currently-required notice of a completed move by a conservatee or ward. Proposed rules 7.1013 and 7.1063 would clarify the statutory requirements for these notices. Proposed new form GC-080(MA) would provide a means to show proof of service of these notices on more persons than can be listed in the proof of mailing on the second page of the notice.

Proposal, (PDF)

Probate: Standards for Determining Compensation of Conservators and Guardians and Standards of Conduct for Conservators and Guardians of Estates:

The proposed rules of court would establish standards for the determination of reasonable compensation to be awarded to conservators and guardians from the estates of their conservatees and wards, and standards for the performance of the duties of conservators and guardians of estates.

Proposal, (PDF)

Probate: Notice of Filing Inventory and Appraisal, Instructions on Objecting to an Inventory and Appraisal, and Objections to an Inventory and Appraisal:

The proposed new forms would provide a notice of filing an Inventory and Appraisal in a conservatorship or guardianship, instructions to the persons served with the notice on how to object to the Inventory and Appraisal, and simplified plain-language objections to the Inventory and Appraisal.

Proposal, (PDF)

Probate: Judicial Council forms for standard and simplified accountings by conservators and guardians and a rule of court to govern their use:

Proposed new rule 7.575 would prescribe the use of proposed new mandatory and optional Judicial Council forms for standard and simplified accountings filed by conservators and guardians. These forms and the rule are proposed as the Judicial Council's response to a legislative mandate contained in the Omnibus Conservatorship and Guardianship Reform Act of 2006.

Proposal, (PDF)

Probate: Ex Parte Communications in Proceedings Under the Probate Code and the Lanterman-Petris-Short Act:

The proposed rule would define ex parte communications in proceedings under the Probate Code and conservatorship proceedings under the Lanterman-Petris-Short Act, and prescribe the courts' authorized responses to such communications in those proceedings.

Proposal, (PDF)

Title and Summary

Item No.

Special Cycle: Appellate Procedure: Rules and Forms for the Superior Court Appellate Divisions

Special Cycle: Appellate Procedure: Copies of Briefs in Civil Appeals

Special Cycle: Civil Pretrial Rules

Special Cycle: Telephone Appearances in Civil Cases

California Civil Jury Instructions (CACI)

Title and Summary

Item No.

Proposed Amendments to the Code of Judicial Ethics
(PDF, 361 MB)

Proposal Title

Item No.

Appellate Procedures: Remittitur, Costs and Sanctions in Appeals and Writ Proceedings (adopt new Cal. Rules of Court rules 8.278, 8.386, and 8.499, and amend rules 8.272, 8.276, 8.366, and 8.490): This proposal would make several clarifying changes in the rules relating to remittitur, costs, and sanctions in the Courts of Appeal, including: (1) relocating the provision relating to remittitur in writ proceedings to the chapters containing rules addressing writ proceedings and clarifying when a remittitur must be issued in these proceedings; (2) clarifying when costs may be awarded in civil appeals and writ proceedings and that filing fees are among the recoverable costs; (3) clarifying that these cost provisions do not apply in juvenile or criminal appeals; and (4) clarifying that sanctions can be imposed for filing frivolous motions or writ petitions.

Proposal, (PDF, 1,326 KB)

Appellate Procedure: Records in Civil and Criminal Cases (amend and renumber Cal. Rules of Court, rule 8.120 as rule 8.122, adopt new rules 8.120, 8.121, and 8.123, amend rules 8.124, 8.128, 8.130, 8.134, 8.137, 8.144, 8.147, 8.224, and 8.320, and revise Notice Designating Record on Appeal (form APP-003)): This proposal would make several clarifying changes to the rules concerning the record on appeal in civil and criminal cases, including: (1) adding a new rule that clearly lays out all the different options for providing the record of the documents and the oral proceedings from the trial court in a civil appeal; (2) providing for a single notice that informs the trial court what form of the record of the documents and what form of the record of the oral proceedings (if any) the appellant elects to use in a civil appeal; (3) making the language regarding jury instructions and motions in the clerk's transcript consistent in the rules for both civil and criminal appeals; (4) establishing a new procedure for designating and transmitting to the reviewing court administrative records that were presented to the trial court; and (5) requiring that the index of exhibits in the reporter's transcript identify each exhibit by letter or number and a brief description of the exhibit.

This proposal would also revise the optional form that appellants can use to designate the record on appeal in a civil case, Notice Designating Record on Appeal (form APP-003) to: (1) reflect the proposed changes to the record designation rules; (2) add a box that the appellant can check to indicate that he or she will be using the superior court file instead of a clerk's transcript under rule 8.134; (3) add a box that the appellant can check to request that original exhibits be transmitted to the Court of Appeal under rule 8.224; and (4) add a box the appellant can use to request a reporter's transcript in computer-readable format.

Proposal, (PDF, 781 KB)

Appellate Procedure: Certificate of Interested Entities and Persons (amend Cal. Rules of Court, rules 8.208 and 8.490, and approve form APP-008, Certificate of Interested Entities or Persons): This proposal would amend the rules requiring parties in civil appeals and writ proceedings to file a Certificate of Interested Entities or Persons to clarify that: (1) the requirement to file a certificate does not apply in criminal, family, juvenile, guardianship, or conservatorship cases; (2) in appeals, the certificate must be filed with the principal brief or with an application or motion if one is filed before the brief; and (3) a party may seek to file a certificate under seal if the identity of a party has not been publicly disclosed. A new, optional Judicial Council form Certificate of Interested Entities and Persons (form APP-008) is also being proposed.

Proposal, (PDF, 507 KB)

Appellate Procedure: Petitions for Writs of Supersedeas (amend Cal. Rules of Court, rule 8.112): This proposal would clarify the record that must be filed with a petition for a writ of supersedeas when the record on appeal has not yet been filed, including: (1) expanding the documents that must be filed with a petition; and (2) expanding the description of the statement of the case that must be included in the petition.

Proposal, (PDF, 466 KB)

Appellate Procedure: Miscellaneous Appellate Rules (amend Cal. Rules of Court, rules 8.32, 8.155, and 8.1008): This proposal would amend several appellate rules to: (1) clarify the attorneys' address of record when there are multiple attorneys from different locations of the same firm involved in a case; (2) conform the rule regarding augmentation of the record to current practice requiring that documents to be added to the record must be consecutively numbered; and (3) extend the time to file a petition to transfer a case from the superior court appellate division to the Court of Appeal following the appellate division's denial of an application to certify the case for transfer and provide that no answer to such a petition is to be filed unless requested by the court.

Proposal, (PDF, 259 KB)

Appellate Procedure: Applications to File Amicus Briefs in the Court of Appeal and the Supreme Court (amend Cal. Rules of Court, rules 8.200 and 8.520): This proposal would amend rule 8.200 to require that an application to file an amicus brief in the Court of Appeal be filed no later than 14 days after the last appellant's reply brief is filed or was required to be filed and would require that any amicus brief from the Attorney General be filed within this same time frame. It would also amend rules 8.200 and 8.520 to authorize the Supreme Court or the Court of Appeal to extend their respective deadlines for filing amicus applications for "good cause."

Proposal, (PDF, 258 KB)

Appellate Procedure: Notices of Appeal and Notices of Various Defaults (amend Cal. Rules of Court, rules 8.100, 8.108, 8.140, 8.220, 8.308, and 8.400): This proposal would amend the rules relating to the notices sent by the clerk when a party fails to timely fulfill various obligations under the rules to clarify that the court may impose sanctions for these defaults. This proposal would also amend the rules regarding notices of appeal to clarify: (1) when a notice of appeal must be filed if the court issues an order granting a new trial conditional on the plaintiff's acceptance of a remittitur; and (2) when a notice of a cross-appeal must be filed.

Proposal, (PDF, 263 KB)

Proposal Title

Item No.

Rules Applicable to All Courts: Construction of Rules When There Are Applicable Statutory Requirements and Format of Citations (adopt Cal. Rules of Court, rule 1.200 and amend rules 1.5 and 3.1113): This proposal would make two changes to the rules applicable to all courts: (1) add a new provision and advisory committee comment addressing the construction of rules where there are statutes that establish requirements different from those in the rules; and (2) add a new rule regarding the required format of citations to cases and other authorities in all papers filed in the courts.

Proposal, (PDF, 701 KB)

Proposal Title

Item No.

Request and Order to File New Litigation by Vexatious Litigants (form MC-701): Request and Order to File New Litigation by Vexatious Litigant (form MC-701) would be approved by the Judicial Council for optional use by vexatious litigants and by the courts.

Proposal, (PDF, 56 KB)

Small Claims Interpreter Instructions (revise forms SC-100 and SC-150): Two small claims forms that contain information for the defendant (form SC-100) and information for the plaintiff (form SC-150) would be revised to clarify the responsibilities of the parties and the court in providing court interpreters.

Proposal, (PDF, 551 KB)

Alternative Dispute Resolution: Procedures for Addressing Complaints About Court-Program Mediators for Civil Cases (renumber rules 3.870-3.878 of the California Rules of Court as rules 3.880-3.888, respectively; amend and renumber rules 3.865, 3.866, 3.867, and 3.868 as rules 3.866, 3.870, 3.869, and 3.877, respectively; adopt rules 3.865, 3.867, 3.668, and 3.871-3.876; amend rule 10.780; and revise form ADR-107): The amended and new rules would establish a statewide procedure for addressing complaints about court-program mediators for civil cases. The amended rules would also provide that inclusion on a court list or panel of alternative dispute resolution neutrals is a revocable privilege. The revisions to form ADR-107 would shorten and simplify this optional attendance sheet for court-program mediations of civil cases:

Proposal, (PDF, 320 KB)

Alternative Dispute Resolution: Mandatory Settlement Conferences (amend Cal. Rules of Court, rule 3.1380): This proposal would clarify that courts have the authority to set more than one settlement conference. It would also prohibit courts from appointing a person to conduct a settlement conference under this rule at the same time as that person is serving as a mediator in the same action or from appointing a person to conduct a mediation under the rule authorizing mandatory settlement conferences.

Proposal, (PDF, 260 KB)

Alternative Dispute Resolution: Access to Hearings and Records in Proceedings Before Temporary Judges and Referees (Adopt Cal. Rules of Court, rules 2.833, 3.930, 3.931, and 3.932; amend rules 2.400 and 3.926: amend and renumber rules 2.834, 2.835, and 3.909; and repeal rules 3.907, 3.908, 3.910, and 3.927): This proposal would clarify that in all proceedings before either a referee or a temporary judge selected by the parties, all original papers must be filed with the court clerk and all hearings that would be open if held in court must be open, regardless of whether they are held at or outside of the courthouse. This proposal would also amend and reorganize the rules relating to referees to make them more consistent with the rules relating to temporary judges.

Proposal, (PDF, 489 KB)

Interpreter's Duties: Form to Assist Noncertified and Nonregistered Court Interpreters: A new form, Interpreter's Duties, would be made available by the Administrative Office of the Courts for discretionary use by courts and judges to assist noncertified and nonregistered interpreters in court proceedings.

Proposal, (PDF, 68 KB)

Alteration of Judicial Council Forms (amend California Rules of court, rules 1.31 and 1.35): Rules 1.31 and 1.35 of the California Rules of Court would be amended, effective January 1, 2008, to clarify that courts may not both alter Judicial Council forms and also require litigants to use the altered forms.

Proposal, (PDF, 256 KB)

Rules Modernization: Updating Antiquated References to "Attachés" in the California Rules of Court (amend California Rules of Court, rules 2.400, 3.58 and 3.60): Rules 2.400, 3.58, and 3.60 of the California Rules of Court would be amended, effective January 1, 2008, to replace the terms "attaché" and "attachés" with "authorized court personnel."

Proposal, (PDF, 257 KB)

Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998 (adopt form CIV-090): Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998 (form CIV-090) would be approved, effective January 1, 2008, as an optional form for litigants to use in making and accepting offers to compromise under Code of Civil Procedure section 998.

Proposal, (PDF, 60 KB)

Revised Format for Separate Statements in Support of and in Opposition to Motions for Summary Judgment (amend California Rules of Court, rule 3.1350): Rule 3.1350 of the California Rules of Court would be amended, effective January 1, 2008, to change the format for separate statements in support of and in opposition to motions for summary judgment to require the moving party's allegedly undisputed facts and the evidence to support them in a column on the same side of the page.

Proposal, (PDF, 39 KB)

Protecting Private Information in Public Court Documents (amend California Rules of Court, rule 1.20 and approve Confidential Reference List of Personal Identifiers (form CM-120)): Rule 1.20 of the California Rules of Court would be amended, effective January 1, 2008, to require litigants to redact certain personal identifying information from documents presented for public filing. If it is necessary to refer to such personal identifying information in filed documents, rule 1.20 would authorize the court to order that a Confidential Reference List of Personal Identifiers (form CM-120) be filed with the court containing a list of the redacted personal identifiers along with the corresponding reference terms used in the public in filed documents.

Proposal, (PDF, 74 KB)

Civil Discovery: Requests for Admissions (revise form DISC-020): Requests for Admissions (form DISC-020) would be revised, effective January 1, 2008, to include some basic instructive information, primarily for the benefit of self-represented litigants, regarding requests for admissions and the serious potential consequences of mishandling them.

Proposal, (PDF, 58 KB)

Civil Discovery: Commission to Take Deposition Outside California (adopt form DISC-030): Commission to Take Deposition Outside California (form DISC-030) would be adopted, effective January 1, 2008, as an optional form for litigants to request, and for courts to issue or order, commissions to take out-of-state depositions.

Proposal, (PDF, 58 KB)

Proposal Title

Item No.

Electronic Filing and Service and Service by Fax (amend Cal. Rules of Court, rules 2.250, 2.253, 2.256, 2.257, 2.259, 2.260, and 2.306): Electronic filing and fax filing are being used more frequently in the courts. It is therefore important that the current rules on e-filing and fax filing be updated to reflect changes in practice and to improve their application. The proposed amendments are intended to achieve those purposes.

Proposal, (PDF, 609 KB)

Public Access to Electronic Records: Records in Proceedings to Prevent Elder or Dependent Adult Abuse or Workplace Violence (amend Cal. Rules of Court, rule 2.503): Rule 2.503(c) contains a list of the types of records in electronic form that must be available at the courthouse, but not by remote electronic access. The list would be expanded to include records in (1) elder and dependent adult abuse prevention proceedings and (2) workplace violence prevention proceedings.

Proposal, (PDF, 278 KB)

Proposal Title

Item No.

Family Law: Sibling Contact After Adoption (adopt Cal. Rules of Court rule 5.410; and adopt form ADOPT- 330): The proposed rule and form are required to implement Assembly Bill 2488 (Leno; Stats. 2006, ch. 386), which provides a mechanism for an individual who has been adopted, either in juvenile or family court, to contact his or her siblings and for any siblings of the adopted child to contact the adopted child.

Proposal, (PDF, 735 KB)

Family Law: Rules Regarding Counsel Appointed to Represent a Child in Family Law Proceedings Under Family Code Section 3150 (adopt Cal. Rules of Court, rules 5.240 and 5.241; amend rule 5.10; repeal sections 5.10 and 5.11 of the Cal. Sts. Jud. Admin; and approve forms FL-322, and FL-323 for optional use): This proposal would establish comprehensive rules relating to counsel appointed to represent a child under Family Code section 3150.

Proposed rule 5.240 would set forth criteria the court should consider before appointing counsel to represent a child in family law proceedings. In addition, the proposed rule would address payment of counsel, orders appointing counsel, and establish the responsibilities of the courts regarding the appointment of counsel.

Proposed rule 5.241 would establish the education, training, and experience requirements for counsel appointed to represent a child in family law proceedings and include the rights and responsibilities of counsel.

This proposal would also amend rule 5.10 to include a definition of the legal term "best interest of the child" applicable to rules under title five of the rules of court. In addition, the proposed rule would incorporate the substance of existing sections 5.10 and 5.11 of the standards of judicial administration and repeal these standards. Finally, proposed forms FL-322 and FL-323 would assist courts and counsel in implementing the requirements of the proposed new rules.

Proposal, (PDF, 780 KB)

Family Law: Forms to Assist in Completing Dissolutions (revise forms FL-100, FL-103, FL-120, FL-123, FL-800, and FL-810): These family law forms are being amended to alert litigants that there are additional steps to completing a dissolution of marriage or domestic partnership after filing the initial petition. The summary dissolution forms are also being amended to reflect statutory cost-of-living increases.

Proposal, (PDF, 669 KB)

Family Law: Child Custody Information Sheet (approve JC form FL-314): Assembly Bill 402 mandates that the Judicial Council adopt a new form by January 1, 2008, as a statewide information sheet for parties involved in child custody and visitation disputes that informs litigants of the child custody court process and alternative dispute resolution options. This proposed form will also provide information and resources to help litigants resolve custody disputes; develop agreements; find an attorney, alternative dispute resolution options, and available court-based self-help services; and other legal resources.

Proposal, (PDF, 552 KB)

Juvenile Law: Ensuring Foster Children's Educational and Disability Rights (amend Cal. Rules of Court, rules 5.502, 5.516, 5.518, 5.534, 5.650, 5.668, 5.695 and 5.790; adopt rule 5.652; revise forms JV-225, JV-365, JV-535, and JV-536; approve forms JV-537 and JV-538): The proposal would incorporate applicable federal and state education and disability law into juvenile rules and forms that govern foster children's educational and disability rights and would provide procedural guidance on implementation of these laws.

Proposal, (PDF, 1,354 KB)

Juvenile and Family Law: Miscellaneous Rule and Form Changes (amend Cal. Rules of Court, rules 5.726, 5.727, 5.728, 8.450, and 8.454; revise forms JV-321, JV-323, JV-324, and FL-327; revoke forms JV-325, JV-325-INFO, JV-720, and JV-730; and adopt forms JV-325, JV-326, JV-326-INFO, JV-327, and JV-328): The proposed rule and form amendments would promote compliance with statutory mandates and policies and would facilitate judicial consistency.

Proposal, (PDF, 750 KB)

Juvenile Law: Caregiver Notice and Right to Be Heard (amend Cal. Rules of Court, rule 5.534; revise form JV-290; and approve form JV-290-INFO): The proposed amended rule and new and revised forms would facilitate access to the courts for foster parents, relative caregivers, preadoptive parents and nonrelative extended family members caring for the child in a dependency case by ensuring that those individuals receive notice of any proceeding regarding the child, receive instructions about how to complete, file, and serve the Caregiver Information Form, and are ensured an opportunity to be heard in the case if they so choose.

Proposal, (PDF, 778 KB)

Child Support: Administration of Title IV-D Child Support Cases (amend Cal. Rules of Court, rule 5.324; revise form FL-679; adopt form FL-618; and revoke forms FL-500, FL-505, FL-525, FL-526, FL-556, FL-557, FL-558, FL-559, and FL-571): The proposed amended rule, new and revised forms, as well as the forms revocation, would improve administration of title IV-D child support cases.

Proposal, (PDF, 7,207 KB)

Juvenile: Proposed Modification to Psychotropic Medication Forms and Rule 5.640 (revise and renumber forms JV-220 and JV-220A and adopt new forms: JV-219-INFO, JV-220A, JV-221, JV-222, and JV-223): This proposal concerns the statewide protocol and Judicial Council forms for the administration of psychotropic medication to children who are under the jurisdiction of the juvenile court and placed in an out-of-home placement. An instructional form, JV-219-INFO, Information About Psychotropic Medication Forms, would be adopted. Form JV-220, Application and Order for Authorization to Administer Psychotropic Medication-Juvenile, would be revised, and renamed form JV-220, Application Regarding Psychotropic Medication. A new form JV-220A, Prescribing Physician's Statement -Attachment, would be created using much of the information in the current form JV-220, but it would include additional relevant information. Form JV-221, Proof of Notice: Application Regarding Psychotropic Medication, would be adopted. Form JV-220A would be renumbered form JV-222 and renamed Opposition to Application Regarding Psychotropic Medication. Form JV-223, Order: Application Regarding Psychotropic Medication, would be adopted. All forms would be plain language forms. Rule 5.640 would be revised to reflect the new form numbers and form completion procedures, to amend notice requirements, and to require court authorization to discontinue the use of psychotropic medication.

Proposal, (PDF, 1,923 KB)

Proposal Title

Item No.

Family, Juvenile, and Probate Law: Enactment of the Federal Indian Child Welfare Act as California Law in the Family, Probate, and Welfare and Institutions Codes (adopt Cal. Rules of Court, rules 5.480-5.487 and 7.1015; repeal rule 5.664; revise forms GC-210(CA), JV-100, JV-101, JV-110, JV 600; adopt forms ICWA-005-INFO, ICWA-010(A), ICWA-020, ICWA-030, ICWA-030(A), ICWA-040, ICWA-050, and ICWA-060; and revoke forms ADOPT-226, JV-130, and JV-135): Rule 5.664 of the California Rules of Court was originally adopted and subsequently amended to give guidance on the requirements of the federal Indian Child Welfare Act (ICWA) in juvenile court proceedings. With the passage of Senate Bill 678 (Ducheny; Stats. 2006, ch. 838), effective January 1, 2007, ICWA has been substantially enacted as California law and placed in Family, Probate, and Welfare & Institutions Code provisions governing juvenile court proceedings, as well as some child custody matters in family law, adoptions, probate guardianships, certain probate conservatorships, and proceedings for termination of parental rights and the voluntary relinquishment of a child by a parent. Because the statutory changes affect three areas of the law, the advisory committees propose repealing rule 5.664 and replacing it with a series of rules, 5.480 through 5.487, applicable to all proceedings, and rule 7.1015, which concerns the application of ICWA in probate proceedings. In addition, the committees propose adoption of an ICWA group of forms responsive to the statutory changes, revision of other probate and juvenile law forms, and revocation of three forms that will be replaced by the ICWA forms. All of these changes would facilitate judicial consistency in the application of ICWA to the broad range of California court proceedings affecting Indian children.

Proposal, (PDF, 838 KB)

Proposal Title

Item No.

Probate and Mental Health: Qualifications for Membership on the Probate and Mental Health Advisory Committee (amend rule 10.44 of the California Rules of Court): The proposed amendment to rule 10.44 would revise the membership categories for the Judicial Council's Probate and Mental Health Advisory Committee to ensure that probate court investigators and persons knowledgeable in mental health and developmental disability issues are consistently represented on the committee.

Proposal, (PDF, 1,620 KB)

Proposal Title

Item No.

Judicial Administration: Court Self-Help Center
Judicial Administration: Court Self-Help Centers (adopt Cal. Rules of Court, rule 10.960): Proposed rule 10.960 identifies assistance to self-represented litigants as a priority for California courts and requires that funding for self-help centers be budgeted as a core court function. It defines self-help centers as including attorneys and other qualified staff who provide neutral and unbiased information and education to the public about the justice process. It requires the Administrative Office of the Courts (AOC) to develop guidelines and procedures for the operation of court self-help centers by March 1, 2008. These guidelines and procedures will be reviewed at least every three years.

Proposal, (PDF, 873 KB)

Proposal Title

Item No.

Criminal Cases: Rules for Continuances and Calendar Management (amend rule 4.115 of the California Rules of Court): The proposed rule amendments would address trial calendar management and continuance procedures in criminal cases.

Proposal, (PDF, 283 KB)

Proposal Title

Item No.

Juvenile Court Purpose Clause (Repeal Welf. & Instit. Code, § 202; replace with Welf. & Instit., §§ 201.5-202.2): The statute setting forth the purpose of the juvenile court would be repealed and replaced with new provisions intended to reorganize and clarify existing law and to incorporate the principles of balanced and restorative justice.

Proposal, (PDF, 281 KB)

Governmental Fee Exemption (amend Gov. Code, § 6103): Government Code section 6103 exempts governmental entities, including the state, counties, cities, and districts, from paying or depositing certain filing fees and fees for services. By its language, the statute does not apply to jury deposits or jury fees. Nonetheless, to clarify the law, the statute would be amended to expressly state that it does not apply to civil jury fees or jury deposits.

Proposal, (PDF, 243 KB)

Trial Preference: Updating Outmoded Statutory Language (amend Code of Civ. Proc., § 36): The proposed amendments to section 36 of the Code of Civil Procedure on trial preferences would remove anachronistic references to "the memorandum to set or the at-issue memorandum" and bring the statute into accord with contemporary practice and procedure.

Proposal, (PDF, 318 KB)

Local Rules: Increase Time for Filing With the Judicial Council From 30 to 60 Days (amend Gov. Code, § 68071): The proposed amendment to Government Code section 68071 would extend the time period for Judicial Council review and processing of local court rule amendments from 30 days to 60 days before their January 1 or July 1 effective date.

Proposal, (PDF, 244 KB)

Small Claims Post-Judgment Fees (amend Code Civ. Proc., § 116.829(b)): The proposed amendment to Code of Civil Procedure section 116.829(b) would clarify that the court will charge and collect all fees associated with the enforcement of a small claims judgment as it would in the enforcement of a general civil judgment under Title 9 of the Code of Civil Procedure.

Proposal, (PDF, 245 KB)

Small Claims: Appearance by Declaration or Telephone (amend Code Civ. Proc., § 116.540): The proposed amendment to Code of Civil Procedure section 116.540 would authorize the court in its discretion and for good cause shown to allow a party or witness in small claims court to appear by written declaration or by telephone.

Proposal, (PDF, 252 KB)

Title and Summary

Item No.

Judicial Branch Education: Minimum Education Requirements, Expectations, and Recommendations (repeal Standards of Judicial Administration 10.10-10.15; adopt Cal. Rules of Court, rules 10.469, 10.471, 10.472, 10.479, and 10.491; amend rules 10.452, 10.461, and 10.462; and amend and renumber rules 10.463, 10.473, 10.474, and 10.481)

Summary and Rules, (PDF, 625 KB)

California Criminal Jury Instructions (CALCRIM)

Proposal

Item No.

Revisions t o the California Criminal Jury Instructions (CALCRIM)
(PDF, 5.7 MB)

CALCRIM 07-01

Title and Summary

Item No.

Civil Jury Instructions (CACI) - Winter 2007 Revisions, (PDF, 931 KB)