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: Notice of appeal and the record in civil commitment cases, SPR19-01 (PDF, 964 KB)
Item Number: SPR19-01
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee proposes a new rule of court describing the required contents of the normal record on appeal for civil commitment cases and a new notice of appeal form for civil commitment cases. This proposal is in response to a suggestion from a member of this committee and is intended to provide needed guidance to litigants and the courts and ensure that appellate records in civil commitment cases are complete.

Appellate Procedure: Form of Filed Documents in the Appellate Division, SPR19-02 (PDF, 615 KB)
Item Number: SPR19-02
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee proposes the adoption of a new rule of court governing the form of filed documents in the appellate division. The rule is intended to provide clarity to litigants, court staff, and judges as to the proper formatting of applications, motions, and other documents to be filed in the appellate division. This proposal is in response to a suggestion from a member of this committee.

Appellate Procedure: Advisement of Appellate Rights in Juvenile Cases, SPR19-03 (PDF, 1031 KB)
Item Number: SPR19-03
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To promote greater awareness of parents’ and legal guardians’ appellate rights in juvenile court proceedings, the Appellate Advisory Committee proposes amending the rule regarding advisement of appellate rights to remove the limitation that the court need only provide this information to parents and guardians who are present at the hearing that resulted in the judgment or order. The committee also proposes the adoption of a new optional form notice for clerks to send with court orders following a hearing to provide the advisement. This proposal originated with a suggestion from an attorney in San Diego.
DEADLINE TO SUBMIT COMMENTS: Monday, June 10, 2019

Appellate Procedure: Oral Argument in Appellate Division Appeals, SPR19-04 (PDF, 1387 KB)
Item Number: SPR19-04
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To increase efficiency and provide guidance for litigants, the Appellate Advisory Committee proposes amending the rule regarding oral argument in limited civil and misdemeanor appeals to provide that oral argument will not be set in cases presenting no arguable issues and to set forth a procedure for waiving oral argument. The committee also proposes the adoption of two optional forms, one for limited civil cases and one for misdemeanor cases, to assist litigants in waiving
oral argument if they choose to do so. This proposal originated with suggestions from a presiding judge of an appellate division and a member of the committee.

Appellate Procedure: Word Limits for Petitions for Rehearing in Unlimited Civil Cases, SPR19-05 (PDF, 152 KB)
Item Number: SPR19-05
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To establish limits on briefing that reflect the limited scope of petitions for rehearing, the Appellate Advisory Committee proposes reducing the maximum length of petitions and answers by amending the rule that governs the content and form of briefs in the Court of Appeal. Currently, the rule provides maximum limits of 14,000 words for briefs produced on a computer and 50 pages for briefs produced on a typewriter. These limits apply to all types of briefs, including petitions for rehearing and answers to those petitions. This proposal would provide lower limits of 7,000 words and 25 pages for petitions for rehearing and answers. This proposal arises out of suggestions from appellate practitioners, including a current committee member, that the committee consider reducing word limits for civil briefs in the Court of Appeal.

Appellate Procedure, Juvenile Law: Access to Juvenile Case Files in Appellate Court Proceedings, SPR19-06 (PDF, 1180 KB)
Item Number: SPR19-06
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Appellate Advisory Committee and the Family and Juvenile Law Advisory Committee propose amended rules and new and revised forms to implement recent Judicial Council–sponsored legislation amending the statute that specifies who may access and copy records in a juvenile case file in an appeal or writ proceeding challenging a juvenile court order. The statutory amendment clarified that people who are entitled to seek review of certain orders in juvenile proceedings or who are respondents or real parties in interest in such appellate proceedings may, for purposes of those appellate proceedings, access and copy those records to which they were previously given access by the juvenile court. This proposal would implement the legislation by updating the rules relating to juvenile appeals to include provisions relating to persons with limited access to the juvenile case file and the limited record that must be prepared and provided to these persons. The committees also propose a new information sheet and a notice on certain forms regarding the requirement to seek authorization from the juvenile court to access records in the case file before commencing an appeal.

Appellate Procedure: Uniform Formatting Rules for Electronic Documents, SPR19-07 (PDF, 378 KB)
Item Number: SPR19-07
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To provide consistency and clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose revising California Rules of Court, rules 8.40, 8.44, 8.71, 8.72, 8.74, 8.204, and 8.252 to create uniform formatting rules for electronic documents filed in the appellate courts. The rules currently provide some formatting requirements for electronic documents, but they do not include various local rule requirements such as bookmarking. Moreover, local rules around the state differ in their requirements and scope. By establishing uniform, comprehensive rules for all appellate courts, this proposal will ease the burden on filers caused by differing format rules. This project initially focused on rules for exhibits and bookmarking, but was expanded in scope to include other formatting requirements. It originated from a suggestion by a member of the Joint Appellate Technology Subcommittee of the Appellate Advisory Committee and the Information Technology Advisory Committee.

Appellate Procedure: Service Copy of a Petition for Review, SPR19-08 (PDF, 250 KB)
Item Number: SPR19-08
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To update court procedures and provide clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose amending the rule regarding petitions for review in the California Supreme Court to remove the requirement to send to the Court of Appeal a separate service copy of an electronically filed petition for review. Under current practice, when a petition for review is accepted for electronic filing by the Supreme Court, the Court of Appeal automatically receives a filed/endorsed copy of the petition through the electronic filing service provider (EFSP). Thus, in actual practice, the electronic filing of a petition satisfies the requirement to serve the Court of Appeal, and there is no need for a petitioner to serve the Court of Appeal with another copy as required by the rules. This proposal does not change the requirement to serve the Court of Appeal with a separate copy if a petition for review is filed in paper form. This proposal originated from a suggestion submitted by an appellate court administrator.

Alternative Dispute Resolution: Mediation Confidentiality Disclosures Under Senate Bill 954, SPR19-09 (PDF, 247 KB)
Item Number: SPR19-09
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee proposes a new form for Judicial Council approval, Mediation Disclosure Notification and Acknowledgment (form ADR-200). This optional form serves to facilitate parties in implementing the requirements of Senate Bill 954 (Stats. 2018, ch. 350), which requires attorneys to provide their clients with specific written mediation confidentiality disclosures when they are representing clients in connection with mediation.

Civil Practice and Procedure: Separate Statements for Discovery Motions, SPR19-10 (PDF, 300 KB)
Item Number: SPR19-10
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee recommends that California Rules of Court, rule 3.1345, be amended, effective January 1, 2020, to reflect the change in law regarding separate statements in discovery motions enacted in Assembly Bill 2230 (Stats. 2018, ch. 317). That bill amends three sections of the Code of Civil Procedure to expressly provide that courts, for certain types of discovery, may allow the moving party to submit an outline of the discovery requests and responses in dispute rather than the separate statement currently required by rule. The rule reflects those changes and expands them to additional types of discovery.

Small Claims: Information about Court Interpreters, SPR19-11 (PDF, 798 KB)
Item Number: SPR19-11
Deadline for Comments: June 10, 2019 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 small claims forms in light of the repeal of Code of Civil Procedure section 116.550 in Senate Bill 1155 (Hueso; Stats. 2018). Previously, that statute had authorized a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. The law had also required each court to make a reasonable effort to maintain and make available to the parties a list of interpreters who were able and willing to aid parties in small claims actions. SB 1155 repealed section 116.550, and at the same time made all the statutory provisions regarding interpreters in other civil cases applicable to small claims cases. The proposed form revisions would remove all references to the content of this repealed law from the forms and more closely reflect current law.

Civil Practice and Procedure: Case Management Rules, SPR19-12 (PDF, 865 KB)
Item Number: SPR19-12
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

In 2013, the Judicial Council amended the statewide rules of court on civil case management to give courts the discretion to exempt certain types or categories of general civil cases from the mandatory case management rules. The amendments were intended as an emergency measure, to help courts to better address the state’s fiscal crisis by decreasing the time spent by court staff and judicial officers in filing case management statements, setting and holding individual case management conferences, and performing other actions required by the case management rules. The Civil and Small Claims Advisory Committee, following the recommendation by the Commission on the Future of California’s Court System, is proposing that the discretionary exemption be made permanent, to allow flexibility in case management where courts so desire.

Civil Jury Instructions (CACI19-02) (PDF, 460 KB)
Item Number: CACI19-02
Deadline for Comments: May 19, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The advisory committee prefers receiving comments in a Word file attached to an e-mail addressed to civiljuryinstructions@jud.ca.gov.

You may also submit your comments via the electronic form link above.

You may also use this form, attached to an e-mail addressed to civiljuryinstructions@jud.ca.gov.

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Criminal Procedure: Vacatur Relief for Human Trafficking Victims, SPR19-15 (PDF, 317 KB)
Item Number: SPR19-15
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes adding standard 4.15 to the California Standards of Judicial Administration to provide guidance to judges and court administrators on procedures to implement vacatur relief under Penal Code section 236.14. Section 236.14 provides, in relevant part, for a petition process to vacate an arrest or conviction for a nonviolent offense while the petitioner was a victim of human trafficking, and for the sealing and destruction of the petitioner’s arrest records.

Criminal Procedure: Immigration Consequences Explanation on Plea Forms, SPR19-16 (PDF, 445 KB)
Item Number: SPR19-16
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee recommends amending the language in the immigration consequences sections of the two Judicial Council plea forms, Plea Form, With Explanations and Waiver of Rights—Felony (form CR-101) and Domestic Violence Plea Form With Waiver of Rights (form CR-102), to conform to the plain language of Penal Code section 1016.5.1 The Immigrant Legal Resource Center (ILRC)2 suggested this change based on concerns that the current language in these forms contains inaccuracies.

Criminal Procedure: Interpreter’s Statements on Judicial Council Criminal Forms, SPR19-17 (PDF, 516 KB)
Item Number: SPR19-17
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee recommends removing a portion of the Interpreter’s Statement on three Judicial Council criminal forms to ensure that the statement accurately describes the role and responsibilities of interpreters. The committee also recommends adding the proposed Interpreter’s Statement to the form used by mentally disordered defendants to indicate whether the defendant is challenging the Penal Code section 1606 report recommending confinement or continued outpatient treatment, or is waiving that right.

Criminal Procedure: Diversion for Incompetent Defendants and Posttrial Hearings on Competency, SPR19-18 (PDF, 336 KB)
Item Number: SPR19-18
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee recommends amending rule 4.130 of the California Rules of Court relating to mental competency proceedings in criminal cases to incorporate changes due to Assembly Bill 1810 (Stats. 2018, ch. 34), a bill that significantly altered the statutory landscape for mental competency proceedings.

Criminal Procedure: Proof of Service in Record Clearing Requests, SPR19-19 (PDF, 497 KB)
Item Number: SPR19-19
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes a new optional form, Proof of Service (Criminal Record Clearing) (form CR-106) and an accompanying information sheet, Information on How to File a Proof of Service in Criminal Record Clearing Requests (form CR-106-INFO), for petitioners to use with requests for a court to review a criminal record for dismissal, vacatur, resentencing, reduction, sealing, or other record clearing remedies.

Criminal Procedure: Petition for Resentencing (Military), SPR19-20 (PDF, 358 KB)
Item Number: SPR19-20
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee recommends a new optional form, Petition for Resentencing Based on Health Conditions From Military Service Listed in Penal Code Section 1170.91(b) (form CR-412/MIL-412), for petitions for resentencing under Assembly Bill 865 (Stats. 2018, ch. 523). The legislation allows veterans to benefit retroactively from the passage of Penal Code section 1170.91, which permits a judge to consider enumerated conditions (sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems) that have resulted from military service as a mitigating factor at sentencing.

Criminal Procedure: Motion and Order to Vacate Conviction or Sentence, SPR19-21 (PDF, 396 KB)
Item Number: SPR19-21
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law Advisory Committee proposes revision of two optional forms, Motion to Vacate Conviction or Sentence (form CR-187) and Order on Motion to Vacate Conviction or Sentence (form CR-188), in response to recent legislation (Assembly Bill 2867) that clarifies the timing and procedural requirements of Penal Code section 1473.7 for vacating a conviction or a sentence based on prejudicial error related to immigration conseq

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Juvenile Law: Legal Accuracy of Forms, SPR19-22 (PDF, 293 KB)
Item Number: SPR19-22
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends revising three forms to comply with recent statutory changes reforming juvenile justice and out-of-home case processes:

  • Form JV-618, to comply with Senate Bill 190 (Mitchell; Stats. 2017, ch. 678), which rescinded the requirement that the family of a child who has been declared a delinquent ward pay certain fees associated with probation conditions and out of home placement of a child;
  • Form JV-364, the dependency dismissal form, to include the necessary title IV-E findings.
  • Form JV-180, to comply with permanency goals established by Continuum of Care Reform (CCR), to include a check box for resumption of reunification services

Juvenile Law: Out-of-County Placements, SPR19-23 (PDF, 895 KB)
Item Number: SPR19-23
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends amending one rule and revising one form, to conform to recent statutory changes regarding (1) the circumstances that allow waiving the requirement for notice of the child welfare agency’s intent to place a child out of county; and (2) the time frame for notice of, and objection to, the agency’s intent to move a foster child to a different county, if that child is transitioning from a temporary placement facility.

Juvenile Law: Competency, SPR19-24 (PDF, 157 KB)
Item Number: SPR19-24
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Collaborative Justice Courts Advisory Committee and the Family and Juvenile Law Advisory Committee recommend amending and renumbering one rule, and amending one rule, to conform to recent statutory changes regarding a minor who is the subject of a petition filed under Welfare and Institutions Code sections 601 or 602, when the court has a doubt as to the minor’s competency to understand the court proceedings.

Juvenile Law: Transfer of Jurisdiction to Criminal Court, SPR19-25 (PDF, 378 KB)
Item Number: SPR19-25
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Recent changes in the law on the transfer of jurisdiction to a criminal court for children 14 and 15 years of age require rule and form changes to be consistent with the new provisions. Senate Bill 1391 (Lara; Stats. 2018, ch. 1012) amends Welfare and Institutions Code section 707 to provide that a child must be at least 16 years of age to be considered for transfer of jurisdiction to criminal court unless the individual for whom transfer is sought was 14 or 15 at the time of the offense, the offense is listed in section 707(b), and the individual was not apprehended until after the end of juvenile court jurisdiction. To implement these age-related changes in the jurisdiction of the juvenile court, the Family and Juvenile Law Advisory Committee proposes amending three rules of court and one form pertaining to the transfer-of-jurisdiction process and an informational form to reflect the new provisions.

Juvenile Law: Sealing of Records, SPR19-26 (PDF, 257 KB)
Item Number: SPR19-26
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending one rule of court and revising one information form so that they conform to recently enacted statutory provisions concerning the sealing of juvenile records. The proposal would update the recently adopted rule and form, which implement sealing of records for cases sealed under Welfare and Institutions Code section 786 to include changes to that section that went into effect on January 1, 2019.

Family Law: Rule and Forms for Minor to Marry or Establish a Domestic Partnership, SPR19-27 (PDF, 338 KB)
Item Number: SPR19-27
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes adopting a new rule, approving a new form, and revising two forms to implement the requirements of Senate Bill 273 (Hill; Stats. 2018, ch. 660) relating to minors who seek a court order to marry, establish a domestic partnership, or both.

Family Law: Changes to Continuance Rules and Forms, SPR19-28 (PDF, 942 KB)
Item Number: SPR19-28
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes changes to four rules of court and three forms, and the adoption of one new rule of court and two new forms and an information sheet to implement new procedures for rescheduling (continuing) a hearing in family court. The new procedures would (1) respond to the concerns raised by court professionals following the September 1, 2017, publication of the amended rule and revised forms relating to continuing hearings in family court, and (2) specify when a party can and cannot file a request to reschedule a hearing without first notifying and serving the other party.

Family Law: Certification of Statewide Uniform Guideline Support Calculators, SPR19-29 (PDF, 279 KB)
Item Number: SPR19-29
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending California Rules of Court, rule 5.275, to require guideline child support calculators to display the low-income adjustment range on the first page of the calculator results printout, if applicable per Family Code section 4055(b)(7), and to delete the requirement to submit an application form and fee for certification.

Family Law: Duty of Judge Hearing Matter Under Family Code Sections 4521(a), 4252(b)(7), SPR19-30 (PDF, 284 KB)
Item Number: SPR19-30
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amendments to rule 5.305(b) governing the circumstances under which a judge may hear a title IV-D matter when exceptional circumstances prevent a child support commissioner from doing so. The amendments would more clearly define the roles of the judge and the court at the hearing, as authorized in the Family Code.

Family Law: Registration of Support Order, SPR19-31 (PDF, 1998 KB)
Item Number: SPR19-31
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

Origin The Family and Juvenile Law Advisory Committee proposes a new form, Request for Hearing Regarding Registration of California Support Order (form FL-445), and revisions to Notice of Registration of Out-of-State Support Order (form FL-570) and Request for Hearing Regarding Registration of Support Order (form FL-575) to make the forms suitable for use by all parties to the action and to correct inadvertent omissions.

Family Law: Changes to Parentage Rules and Forms, SPR19-32 (PDF, 5351 KB)
Item Number: SPR19-32
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes amending rules 5.350 and 5.635 and revising forms FL-100, FL-120, FL-170, FL-200, FL-220, FL-230, FL-235, FL-250, FL-260, FL-270, FL-272, FL-273, FL-274, FL-276, FL-278, FL-280, FL-281, FL-285, FL-290, FL-300-INFO, FL-600, FL-610, FL-615, FL-686, and FL-694. The revisions are necessary to comply with amendments to the Family Code made by Assembly Bill 2684 (Bloom; Stats. 2018, ch. 876) that replaced the word “paternity” with “parentage” and made statutes gender neutral when possible.

Family Law: Legislative Addition of New Category of Child Custody Evaluator, SPR19-33 (PDF, 970 KB)
Item Number: SPR19-33
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee proposes to amend rule 5.225 of the California Rules of Court and two Judicial Council forms, FL-325 and FL-326, for use in family law custody proceedings. Changes are needed to conform to new legislation, Assembly Bill 2296 (Stats. 2018, ch. 389), which adds to Family Code section 3110.5(c)(5) an additional category of licensed child custody evaluator to those qualified to provide court-connected and private child custody evaluations.

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Judicial Council–Sponsored Legislation: Consistent Fee Provisions with Electronic Filing and Service; Signatures on Electronically Filed Documents Not Signed Under Penalty of Perjury, LEG19-01 (PDF, 149 KB)
Item Number: LEG19-01
Deadline for Comments: June 7, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to amend Code of Civil Procedure section 1010.6, which governs electronic filing and service in civil matters. The purpose of the   proposal would be twofold: (1) to create consistency in the fee provisions by allowing courts to recover no more than their actual costs regardless of whether electronic filing and service is permitted by local rule, required by court order, or required by local rule; and (2) to account for signatures made not under penalty of perjury by persons other than the filer. The proposal originated with Judicial Council staff.

Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

Judicial Council–Sponsored Legislation: Electronic Delivery of Documents Currently Required to Be Mailed Following Conviction, LEG19-02 (PDF, 147 KB)
Item Number: LEG19-02
Deadline for Comments: June 7, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee (ITAC) recommends the Judicial Council sponsor legislation to amend Penal Code section 1203.01 to allow for electronic delivery of documents currently required to be mailed following conviction. The proposal originated with a recommendation of the Judicial Council Data Exchange Working Group, which is made up of court participants and justice partners and is working to develop standardized data exchanges.

Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

Judicial Council–Sponsored Legislation: Temporary Emergency Gun Violence Restraining Order, LEG19-03 (PDF, 142 KB)
Item Number: LEG19-03
Deadline for Comments: June 7, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Civil and Small Claims Advisory Committee, at the suggestion of several courts, proposes that the Judicial Council sponsor legislation amending Penal Code section 18140, which currently requires that a law enforcement officer who requests a temporary emergency gun violence restraining order (emergency GVRO) “[f]ile a copy of the order with the court as soon as practicable after issuance.” (Pen. Code, § 18140(c).) The proposal would add a time frame of no later than three court days to ensure that the court receives the emergency GVRO with sufficient time to set and notice a hearing within 21 days, as required by newly enacted Penal Code section 18148.

Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

Judicial Council–Sponsored Legislation: Civil Adjudication of Vehicle Code Infractions, LEG19-04 (PDF, 422 KB)
Item Number: LEG19-04
Deadline for Comments: July 8, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

At the direction of the Chief Justice, the Futures Traffic Working Group was charged with developing a proposal to implement and evaluate a civil model for adjudication of minor vehicle infractions. This proposal includes recommendations for statutory changes as well as appropriate standardized processes to free up court and law enforcement resources and simplify procedures for defendants. The proposal was informed by input from law enforcement, the Department of Motor Vehicles, organizations representing the interests of low-income Californians, and other stakeholders. The working group explored, evaluated, and now recommends options for online processing of all phases for all Vehicle Code infraction violations. This proposal provides an alternative to the current system of criminal adjudication of several million traffic infractions each year.

Deadline to Submit comments: Monday, July 8, 2019 at 5:00 p.m.

Judicial Council–Sponsored Legislation (Telephonic Appearances): Court Fees Collected from Telephone Appearance Revenue, LEG19-05 (PDF, 166 KB)
Item Number: LEG19-05
Deadline for Comments: June 7, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Judicial Branch Budget Committee proposes statutory changes for telephone appearance service fees to update and improve the formula to reflect current revenue allocation standards in the courts. The committee also proposes amending the statutes that prescribe the method for transmitting fees to reflect current fiscal practices in the courts. This proposal has no impact on the fee charged to individuals for telephone appearance services. The proposal is based on a suggestion from a vendor of telephone appearance services.

Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

Rules and Forms: Mandatory Form for Notification of a Party’s Military Status, SPR19-14 (PDF, 230 KB)
Item Number: SPR19-14
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

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 and changing the form from optional to mandatory. The revisions to the current form will enable courts to provide improved identification of court litigants in all case types who have a military affiliation.

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Probate Conservatorship and Guardianship: Accounting, SPR19-34 (PDF, 988 KB)
Item Number: SPR19-34
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee recommends amending one rule of court to clarify the procedure for submitting original statements in support of a conservatorship or guardianship accounting when those statements are generated and issued electronically, and to require information about the personal residence of a conservatee or ward to be submitted in support of a request for a court order excusing an otherwise required accounting. The committee also proposes approving one form for optional use by a conservator or guardian to request an order excusing the filing of an otherwise required accounting. The recommendations are needed to facilitate implementation of existing statutory accounting requirements and to protect a conservatee’s or ward’s personal residence from loss or foreclosure by ensuring that the fiduciary is exercising ordinary care and diligence.

Rules and Forms: Graduated Filing Fee in Estate Administration Proceedings, SPR19-35 (PDF, 325 KB)
Item Number: SPR19-35
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee recommends amending one rule of court and repealing one rule of court to remove the remaining references to a graduated filing fee from the probate rules. The statute that imposed a graduated filing fee in estate administration proceedings based on the value of the estate was held unconstitutional in 2008. The Judicial Council repealed two other rules implementing the graduated filing fee scheme, effective January 1, 2015, but did not repeal the rules addressed in this proposal.

Rules and Forms: Notices of Hearing in Probate Proceedings,: SPR19-36 (PDF, 986 KB)
Item Number: SPR19-36
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Probate and Mental Health Advisory Committee recommends adopting one mandatory notice form and revising one mandatory notice form to give the information and advisements required by statute in (1) a notice of a petition filed under section 850 of the Probate Code and (2) a notice of hearing on a report of status of estate administration under section 12201 of that code. These revisions have been requested by courts and stakeholders. They are needed to conform to existing law, to promote access to the courts, and to allow timely distribution of the proceeds of decedents’ estates.

Protective Orders: Revisions to Continuance Forms, SPR19-37 (PDF, 1654 KB)
Item Number: SPR19-37
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and Civil and Small Claims Advisory Committee jointly recommend revising twelve protective order forms (the request and order on continuance for each of the CH, DV, EA, GV, SV, and WV series forms). Changes are needed to the order forms to ensure that these protective orders are properly entered into the California Law Enforcement Telecommunication System (CLETS), a California protective order database. Revisions are also needed to the domestic violence and gun violence series to implement recent changes in the law, Assembly Bill 2694 (Stats. 2018, ch. 219) and Senate Bill 1200 (Stats. 2018, ch. 898).

Protective Orders: New INFO Form on Protecting Minor’s Information, SPR19-38 (PDF, 457 KB)
Item Number: SPR19-38
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee and Civil and Small Claims Advisory Committee jointly recommend adopting two information sheets to help litigants understand a new law that enables courts to make confidential certain information regarding a minor in civil harassment and domestic violence restraining order proceedings. The new law went into effect on January 1, 2018, under Assembly Bill 953 (Stats. 2017, ch. 384).

Protective Orders: Alternative Service in Domestic Violence Prevention Act Cases, SPR19-39 (PDF, 394 KB)
Item Number: SPR19-39
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Family and Juvenile Law Advisory Committee recommends adopting one form, approving one information sheet, and revising one information sheet to implement the provisions in Assembly Bill 2694 (Stats. 2018, ch. 219). The bill allows for alternative service for domestic violence restraining order requests when, after diligent efforts, personal service has not been accomplished and there is reason to believe that the person to be served is evading service.

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Rules and Forms: Electronic Filing and Service, SPR19-40 (PDF, 117 KB)
Item Number: SPR19-40
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee recommends the Judicial Council amend rules 2.251, 2.255, and 2.257 of the California Rules of Court. The purpose of the proposed amendments to rules 2.251 and 2.255 is to (1) specify how notice of consent to electronic service is to be given, (2) provide example language for consent, and (3) require electronic filing service providers and electronic filing managers to transmit a person’s consent to the court. The proposed amendments to rules 2.251 and 2.255 originated with comments received from the Superior Court of San Diego County. The purpose of the proposed amendments to rule 2.257 is to reduce the reliance on paper for signatures on electronically filed documents and include other persons in addition to parties within the scope of the rule. The proposed amendments to rule 2.257 originated with comments received from the Department of Child Support Services and Judicial Council staff.

Rules and Forms: Remote Access to Electronic Records by Government Entities, SPR19-41 (PDF, 131 KB)
Item Number: SPR19-41
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Information Technology Advisory Committee recommends that the Judicial Council amend rule 2.540 of the California Rules of Court to add “county public administrator” and “county public conservator” to the list of government entities that may be granted remote access to certain electronic records, and make a minor amendment to the good cause provision of the rule. The purpose of the proposal is to make the rule clearer and more comprehensive based on comments received when the rule was originally circulated for public comment in 2018.

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Indian Child Welfare Act (ICWA): Implementation of AB 3176 for Indian Children, SPR19-42 (PDF, 1727 KB)
Item Number: SPR19-42
Deadline for Comments: June 10, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Tribal Court–State Court Forum (forum) and the Family and Juvenile Law Advisory Committee recommend adopting a new rule of court, amending several other California Rules of Court, and revising several forms for Indian Child Welfare Act (ICWA) and juvenile court dependency proceedings to comply with statutory changes in Assembly Bill 3176 (Waldron; Stats. 2018, ch. 833) as well as changes to governing federal regulations and guidelines. The proposal also addresses technical amendments and corrections, and responds to several appellate court decisions regarding ICWA rules and forms.

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