# Rule 1.20. Effective Date of Filing ............................................................................ 6 (2017)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/court_rules%3Aca%3Aefa98c919cbf6e71

## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

1

Rule 1.20. Effective Date of Filing ............................................................................ 6

2

Rule 1.201. Protection of privacy .............................................................................. 7

3

Rule 2.100. Form and format of papers presented for filing in the trial courts ......... 8

4

Rule 2.103. Size, quality, and color of papers ........................................................... 8

5

Rule 2.104. Printing; Font size; printing.................................................................... 9

6

Rule 2.105. Font style ................................................................................................ 9

7

Rule 2.109. Page numbering ...................................................................................... 9

8

Rule 2.110. Footer...................................................................................................... 9

9

Rule 2.111. Format of first page ................................................................................ 9

10

Rule 2.114. Exhibits................................................................................................. 10

11

Rule 2.118. Acceptance of papers for filing ............................................................ 10

12

Rule 2.140. Judicial Council forms.......................................................................... 11

13

Rule 2.251. Electronic service ................................................................................. 11

14

Rule 2.256. Responsibilities of electronic filer ........................................................ 12

15

Rule 2.306. Service of papers by fax transmission .................................................. 13

16

Rule 2.551. Procedures for filing records under seal ............................................... 13

17

Rule 2.577. Procedures for filing confidential name change records under seal ..... 15

18

Rule 2.810. Temporary judges appointed by the trial courts ................................... 17

19

Rule 3.250. Limitations on the filing of papers ....................................................... 17

20

Rule 3.751. Electronic service ................................................................................. 18

21

Rule 3.823. Rules of evidence at arbitration hearing ............................................... 18

22

Rule 3.1110. General format .................................................................................... 19

23

Rule 3.1113. Memorandum ..................................................................................... 20

24

Rule 3.1302. Place and manner of filing.................................................................. 21

25

Rule 3.1306. Evidence at hearing ............................................................................ 22

26

Rule 3.1362. Motion to be relieved as counsel ........................................................ 22

27

Rule 4.403. Application ........................................................................................... 24

28

Rule 4.405. Definitions ............................................................................................ 24

29

Rule 4.406. Reasons................................................................................................. 26

30

Rule 4.409. Consideration of criteria ....................................................................... 27

31

Rule 4.410. General objectives in sentencing .......................................................... 27

32

Rule 4.411.5. Probation officer’s presentence investigation report ......................... 28

1
2

Rule 4.412. Reasons—agreement to punishment as an adequate reason and as
abandonment of certain claims ................................................................................. 29

3

Rule 4.414. Criteria affecting probation .................................................................. 29

4

Rule 4.415. Criteria affecting the imposition of mandatory supervision ................. 30

5

Rule 4.420. Selection of term of imprisonment ....................................................... 31

6

Rule 4.421. Circumstances in aggravation .............................................................. 33

7

Rule 4.423. Circumstances in mitigation ................................................................. 35

8

Rule 4.425. Criteria affecting concurrent or consecutive sentences ........................ 35

9

Rule 4.427. Hate crimes ........................................................................................... 36

10

Rule 4.431. Proceedings at sentencing to be reported ............................................. 36

11

Rule 4.433. Matters to be considered at time set for sentencing ............................. 36

12

Rule 4.435. Sentencing on revocation of probation................................................. 39

13

Rule 4.452. Determinate sentence consecutive to prior determinate sentence ........ 40

14

Rule 4.472. Determination of presentence custody time credit ............................... 40

15

Rule 4.480. Judge’s statement under section 1203.01 ............................................. 40

16

Rule 4.530. Intercounty transfer of probation and mandatory supervision cases .... 41

17

Rule 5.66. Proof of service ...................................................................................... 43

18

Rule 5.504. Judicial Council forms.......................................................................... 44

19

Rule 5.324. Telephone appearance in title IV-D hearings and conferences ............ 44

20
21

Rule 5.380. Agreement and judgment of parentage in Domestic Violence
Prevention Act cases ................................................................................................. 45

22

Rule 5.390. Bifurcation of issues ............................................................................. 45

23

Rule 5.392. Interlocutory appeals ............................................................................ 45

24

Rule 5.534. General provisions—all proceedings ................................................... 47

25
26
27
28

Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a
nonminor—dependents or wards of the juvenile court in a foster care placement and
nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3,
16501.1(f)(g)(16)) ..................................................................................................... 50

29

Rule 5.610. Transfer-out hearing ............................................................................. 55

30

Rule 5.612. Transfer-in hearing ............................................................................... 57

31

Rule 5.613. Transfer of nonminor dependents......................................................... 58

32
33

Rule 5.668. Commencement of hearing—explanation of proceedings (§§ 316,
316.2) ........................................................................................................................ 62

1
2

Rule 5.670. Initial hearing; detention hearings; time limit on custody; setting
jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1) ................................. 63

3

Rule 5.674. Conduct of hearing; admission, no contest, submission ...................... 65

4

Rule 5.680. Detention rehearings; prima facie hearings .......................................... 66

5
6

Rule 5.682. Commencement of jurisdiction hearing—advisement of trial rights;
admission, no contest, submission ............................................................................ 67

7

Rule 5.684. Contested hearing on petition ............................................................... 69

8

Rule 5.686. Continuance pending disposition hearing ............................................ 71

9

Rule 5.688. Failure to cooperate with services (§ 360(b)) ....................................... 71

10

Rule 5.690. General conduct of disposition hearing ................................................ 72

11

Rule 5.695. Findings and orders of the court—disposition ..................................... 73

12

Rule 5.706. Family maintenance review hearings (§ 364) ...................................... 83

13

Rule 5.708. General review hearing requirements................................................... 84

14

Rule 5.710. Six-month review hearing .................................................................... 90

15

Rule 5.715. Twelve-month permanency hearing ..................................................... 94

16

Rule 5.720. Eighteen-month permanency review hearing ....................................... 98

17

Rule 5.722. Twenty-four-month subsequent permanency review hearing ............ 102

18

Rule 5.725. Selection of permanent plan (§§ 366.24, 366.26, 727.31) ................. 105

19

Rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6) ..... 111

20

Rule 5.727. Proposed removal (§ 366.26(n)) ......................................................... 115

21

Rule 5.728. Emergency removal (§ 366.26(n)) ..................................................... 117

22

Rule 5.730. Adoption (§§ 366.24, 366.26(e), Fam. Code, § 8600 et seq.) ............ 120

23

Rule 5.735. Legal guardianship ............................................................................. 120

24
25

Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3, 16501.1)
................................................................................................................................. 121

26

Article 2. Service, Filing, Filing Fees, Form, and Number of Documents Privacy ... 125

27

Rule 8.41. Protection of privacy in documents and records .................................. 125

28

Rule 8.45. General provisions ................................................................................ 125

29

Rule 8.70. Purpose, aApplication, construction, and definitions ........................... 126

30

Rule 8.71. Electronic service ................................................................................. 127

31

Rule 8.71. Electronic filing .................................................................................... 130

32

Rule 8.72. Documents that may be filed electronically ......................................... 131

33

Rule 8.73. Court order requiring electronic service or filing ................................. 132

1

Rule 8.74 8.72. Responsibilities of court ............................................................... 133

2

Rule 8.75 8.73. Contracts with electronic filing service providers ........................ 133

3

Rule 8.76 8.74. Responsibilities of electronic filer ................................................ 134

4

Rule 8.77 8.75. Requirements for signatures on documents.................................. 135

5

Rule 8.78 8.76. Payment of filing fees................................................................... 135

6

Rule 8.79 8.77. Actions by court on receipt of electronic filing ............................ 135

7

Rule 8.71 8.78. Electronic service ......................................................................... 137

8

Rule 8.73 8.79. Court order requiring electronic service or filing ......................... 139

9

Article 7. Privacy ....................................................................................................... 141

10

Rule 8.90. Privacy in opinions ............................................................................... 141

11

Rule 8.104. Time to appeal .................................................................................... 142

12

Rule 8.124. Appendixes ......................................................................................... 143

13

Rule 8.130. Reporter’s transcript ........................................................................... 143

14

Rule 8.144. Form of the record .............................................................................. 144

15

Rule 8.150. Filing the record ................................................................................. 145

16

Rule 8.200. Briefs by parties and amici curiae ...................................................... 145

17

Rule 8.204. Contents and form of briefs ................................................................ 145

18

Rule 8.336. Preparing, certifying, and sending the record..................................... 146

19

Rule 8.400. Application ......................................................................................... 147

20

Rule 8.407. Record on appeal ................................................................................ 147

21

Rule 8.409. Preparing and sending the record ....................................................... 149

22
23

Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in
Orange, Imperial, and San Diego Counties and in other counties by local rule ..... 150

24
25

Rule 8.450. Notice of intent to file writ petition to review order setting hearing
under Welfare and Institutions Code section 366.26 .............................................. 151

26
27

Rule 8.452. Writ petition to review order setting hearing under Welfare and
Institutions Code section 366.26 ............................................................................. 152

28
29
30

Rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code
section 366.28 to review order designating specific placement of a dependent child
after termination of parental rights ......................................................................... 153

31
32
33

Rule 8.456. Writ petition under Welfare and Institutions Code section 366.28 to
review order designating or denying specific placement of a dependent child after
termination of parental rights .................................................................................. 154

34

Rule 8.480. Appeal from order establishing conservatorship ................................ 155

1
2

Rule 8.482. Appeal from judgment authorizing conservator to consent to
sterilization of conservatee ..................................................................................... 155

3

Rule 8.487. Opposition and Attorney General amicus curiae briefs ..................... 155

4

Rule 8.489. Notice to trial court............................................................................. 156

5

Rule 8.613. Preparing and certifying the record of preliminary proceedings ........ 157

6

Rule 8.619. Certifying the trial record for completeness ....................................... 157

7

Rule 8.625. Certifying the record in pre-1997 trials .............................................. 158

8

Rule 8.834. Reporter’s transcript ........................................................................... 159

9

Rule 8.866. Preparation of reporter’s transcript..................................................... 159

10

Rule 8.919. Preparation of reporter’s transcript..................................................... 160

11

Rule 8.1007. Transmitting record to Court of Appeal ........................................... 160

12

Rule 10.742. Use of attorneys as court-appointed temporary judges .................... 161

13

Rule 10.1028. Preservation and destruction of Court of Appeal records ............... 161

14

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Rule 1.20. Effective Date of Filing
(a)

Effective date of filing
Unless otherwise provided, a document is deemed filed on the date it is received by
the court clerk.

(b)

Protection of privacy
(1)

Scope
The requirements of this subdivision that parties or their attorneys must not
include, or must redact, certain identifiers from documents or records filed
with the court do not apply to documents or records that by court order or
operation of law are filed in their entirety either confidentially or under seal.

(2)

Exclusion or redaction of identifiers
To protect personal privacy and other legitimate interests, parties and their
attorneys must not include, or must redact where inclusion is necessary, the
following identifiers from all pleadings and other papers filed in the court’s
public file, whether filed in paper or electronic form, unless otherwise
provided by law or ordered by the court:

(3)

(A)

Social security numbers. If an individual’s social security number is
required in a pleading or other paper filed in the public file, only the
last four digits of that number may be used.

(B)

Financial account numbers. If financial account numbers are required
in a pleading or other paper filed in the public file, only the last four
digits of these numbers may be used.

Responsibility of the filer
The responsibility for excluding or redacting identifiers identified in (b)(2)
from all documents filed with the court rests solely with the parties and their
attorneys. The court clerk will not review each pleading or other paper for
compliance with this provision.

(4)

Confidential reference list
If the court orders on a showing of good cause, a party filing a document
containing identifiers listed in (b)(2) may file, along with the redacted

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

document that will be placed in the public file, a reference list. The reference
list is confidential. A party filing a confidential reference list must use
Confidential Reference List of Identifiers (form MC-120) for that purpose.
The confidential list must identify each item of redacted information and
specify an appropriate reference that uniquely corresponds to each item of
redacted information listed. All references in the case to the redacted
identifiers included in the confidential reference list will be understood to
refer to the corresponding complete identifier. A party may amend its
reference list as of right.
Rule 1.20 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2008.

Rule 1.201. Protection of privacy
(a)

Exclusion or redaction of identifiers
To protect personal privacy and other legitimate interests, parties and their
attorneys must not include, or must redact where inclusion is necessary, the
following identifiers from all pleadings and other papers filed in the court’s public
file, whether filed in paper or electronic form, unless otherwise provided by law or
ordered by the court:

(b)

(1)

Social security numbers. If an individual’s social security number is required
in a pleading or other paper filed in the public file, only the last four digits of
that number may be used.

(2)

Financial account numbers. If financial account numbers are required in a
pleading or other paper filed in the public file, only the last four digits of
these numbers may be used.

Responsibility of the filer
The responsibility for excluding or redacting identifiers identified in (a) from all
documents filed with the court rests solely with the parties and their attorneys. The
court clerk will not review each pleading or other paper for compliance with this
provision.

(c)

Confidential reference list
If the court orders on a showing of good cause, a party filing a document
containing identifiers listed in (a) may file, along with the redacted document that
will be placed in the public file, a reference list. The reference list is confidential. A

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

party filing a confidential reference list must use Confidential Reference List of
Identifiers (form MC-120) for that purpose. The confidential list must identify each
item of redacted information and specify an appropriate reference that uniquely
corresponds to each item of redacted information listed. All references in the case
to the redacted identifiers included in the confidential reference list will be
understood to refer to the corresponding complete identifier. A party may amend its
reference list as of right.
(d)

Scope
The requirements of this rule do not apply to documents or records that by court
order or operation of law are filed in their entirety either confidentially or under
seal.

Rule 1.201 adopted effective January 1, 2017.

Rule 2.100. Form and format of papers presented for filing in the trial courts
(a)–(b) * * *
(c)

Electronic format of papers
Papers that are submitted or filed electronically must meet the requirements in rule
2.256(b).
(Subd (c) adopted effective January 1, 2017.)

Rule 2.100 amended effective January 1, 2017; adopted as rule 201 effective January 1, 1949;
previously amended effective April 1, 1962, May 1, 1962, July 1, 1964, January 1, 1966, July 1,
1969, July 1, 1971, January 1, 1973, July 1, 1974, January 1, 1976, January 1, 1978, May 6,
1978, January 1, 1984, April 1, 1990, July 1, 1990, January 1, 1992, July 1, 1992, January 1,
1993, July 1, 1993, January 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, July 1,
2000, January 1, 2001, January 1, 2003, and January 1, 2006; previously amended and
renumbered as rule 2.100 effective January 1, 2007.

Rule 2.103. Size, quality, and color of papers
All papers filed must be 8½ by 11 inches. All papers not filed electronically must be on
opaque, unglazed paper, white or unbleached, of standard quality not less than 20-pound
weight.
Rule 2.103 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2016.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

Rule 2.104. Printing; Font size; printing
Unless otherwise specified in these rules, all papers filed must be prepared using a font
size not smaller than 12 points. All papers not filed electronically must be printed or
typewritten or be prepared by a photocopying or other duplication process that will
produce clear and permanent copies equally as legible as printing in a font not smaller
than 12 points.
Rule 2.104 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2016.

Rule 2.105. Font style
The font style must be essentially equivalent to Courier, Times New Roman, or Arial.
Rule 2.105 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2016.

Rule 2.109. Page numbering
Each page must be numbered consecutively at the bottom unless a rule provides
otherwise for a particular type of document. The page numbering must begin with the
first page and use only Arabic numerals (e.g., 1, 2, 3). The page number may be
suppressed and need not appear on the first page.
Rule 2.105 amended effective January 1, 2017; adopted effective January 1, 2007.

Rule 2.110. Footer
(a)–(b) * * *
(c)

Type Font size
The title of the paper in the footer must be in at least 10-point type font.

Rule 2.110 amended effective January 1, 2017; adopted effective January 1, 2007.

Rule 2.111. Format of first page
The first page of each paper must be in the following form:

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(1)

In the space commencing 1 inch from the top of the page with line 1, to the left of
the center of the page, the name, office address or, if none, residence address or
mailing address (if different), telephone number, fax number and e-mail address (if
available), and State Bar membership number of the attorney for the party in whose
behalf the paper is presented, or of the party if he or she is appearing in person. The
inclusion of a fax number or e-mail address on any document does not constitute
consent to service by fax or e-mail unless otherwise provided by law.

(2)–(11) * * *
Rule 2.111 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2008, and January 1, 2016.

Rule 2.114. Exhibits
Exhibits submitted with papers not filed electronically may be fastened to pages of the
specified size and, when prepared by a machine copying process, must be equal to
computer-processed materials in legibility and permanency of image. Exhibits submitted
with papers filed electronically must meet the requirements in rule 2.256(b).
Rule 2.114 amended effective January 1, 2017; adopted effective January 1, 2007; previously
amended effective January 1, 2016.

Rule 2.118. Acceptance of papers for filing
(a)

Papers not in compliance
The clerk of the court must not accept for filing or file any papers that do not
comply with the rules in this chapter, except the clerk must not reject a paper for
filing solely on the ground that:
(1)

It is handwritten or hand-printed; or

(2)

The handwriting or hand printing on the paper is in a color other than
black or blue-black.; or

(3)

The font size is not exactly the point size required by rules 2.104 and
2.110(c) on papers submitted electronically in portable document
format (PDF). Minimal variation in font size may result from
converting a document created using word processing software to PDF.

(Subd (a) amended effective January 1, 2017.)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(b)–(c) * * *
Rule 2.118 amended effective January 1, 2017; adopted effective January 1, 2007.

Rule 2.140. Judicial Council forms
Judicial Council forms are governed by the rules in this chapter and chapter 4 of title 1.
Electronic Judicial Council forms must meet the requirements in rule 2.256.
Rule 2.140 amended effective January 1, 2017; adopted effective January 1, 2007.

Rule 2.251. Electronic service
(a)–(h) * * *
(i)

Proof of service
(1)

Proof of electronic service may be by any of the methods provided in Code of
Civil Procedure section 1013a, except that with the following exceptions:
(A)

The proof of electronic service does not need to state that the person
making the service is not a party to the case.

(B)

The proof of electronic service must state:
(A)(i) The electronic service address of the person making the service,
in addition to that person’s residence or business address;
(B)(ii) The date and time of the electronic service, instead of the date
and place of deposit in the mail;
(C)(iii) The name and electronic service address of the person served,
in place of that person’s name and address as shown on the
envelope; and
(D)(iv) That the document was served electronically, in place of the
statement that the envelope was sealed and deposited in the mail
with postage fully prepaid.

(2)

***

(3)

Under rule 3.1300(c), proof of electronic service of the moving papers must
be filed at least five court days before the hearing.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(4)

***

(Subd (i) amended effective January 1, 2017; adopted as subd (c); previously amended
effective January 1, 2007, January 1, 2009, July 1, 2009, and January 1, 2010; previously
amended and relettered as subd (g) effective January 1, 2011; previously relettered as
subd (f) effective January 1, 2008, and as subd (i) effective July 1, 2013.)

(j)

***

Rule 2.251 amended effective January 1, 2017; adopted as rule 2060 effective January 1, 2003;
previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251
effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1,
2009, January 1, 2010, July 1, 2013, and January 1, 2016.

Rule 2.256. Responsibilities of electronic filer
(a)

***

(b)

Format of documents to be filed electronically
A document that is filed electronically with the court must be in a format specified
by the court unless it cannot be created in that format. The format adopted by a
court must meet the following requirements:
(1)–(2) * * *
(3)

The document must be text searchable when technologically feasible without
impairment of the document’s image.

If a document is filed electronically under the rules in this chapter and cannot be
formatted to be consistent with a formatting rule elsewhere in the California Rules
of Court, the rules in this chapter prevail.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2006, January 1, 2008, and January 1, 2010.)
Rule 2.256 amended effective January 1, 2017; adopted as rule 2056 effective January 1, 2003;
previously amended and renumbered effective January 1, 2007; previously amended effective
January 1, 2006, January 1, 2008, January 1, 2010, January 1, 2011, and July 1, 2013.
Advisory Committee Comment

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Subdivision (b)(3). The term “technologically feasible” does not require more than the
application of standard, commercially available optical character recognition (OCR) software.

Rule 2.306. Service of papers by fax transmission
(a)–(g) * * *
(h)

Proof of service by fax
Proof of service by fax may be made by any of the methods provided in Code of
Civil Procedure section 1013(a), except that:
(1)

The time, date, and sending fax machine telephone number must be used
instead of the date and place of deposit in the mail;

(2)–(5) * * *
(Subd (h) amended effective January 1, 2017; adopted as subd (e) effective March 1, 1992;
previously amended effective July 1, 1997, and May 1, 1998; previously amended and
relettered as subd (g) effective January 1, 2007; previously relettered as subd (h) effective
January 1, 2008.)
Rule 2.306 amended effective January 1, 2017; adopted as rule 2008 effective March 1, 1992;
previously amended and renumbered effective January 1, 2007; previously amended effective
July 1, 1997, May 1, 1998, January 1, 2008, and July 1, 2008.

Rule 2.551. Procedures for filing records under seal
(a)

***

(b)

Motion or application to seal a record
(1)–(2) * * *
(3)

Procedure for party not intending to file motion or application
(A)

***

(B)

If the party that produced the documents and was served with the notice
under (A)(iii) fails to file a motion or an application to seal the records
within 10 days or to obtain a court order extending the time to file such
a motion or an application, the clerk must promptly remove transfer all
the documents in (A)(i) from the envelope, container, or secure

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

electronic file where they are located and place them in to the public
file. If the party files a motion or an application to seal within 10 days
or such later time as the court has ordered, these documents are to
remain conditionally under seal until the court rules on the motion or
application and thereafter are to be filed as ordered by the court.
(4)–(5) * * *
(6)

Return of lodged record
If the court denies the motion or application to seal, the clerk must return the
lodged record to the submitting party and must not place it in the case file
unless that party notifies the clerk in writing that the record is to be filed.
Unless otherwise ordered by the court, the submitting party must notify the
clerk within 10 days after the order denying the motion or application. the
moving party may notify the court that the lodged record is to be filed
unsealed. This notification must be received within 10 days of the order
denying the motion or application to seal, unless otherwise ordered by the
court. On receipt of this notification, the clerk must unseal and file the record.
If the moving party does not notify the court within 10 days of the order, the
clerk must (1) return the lodged record to the moving party if it is in paper
form or (2) permanently delete the lodged record if it is in electronic form.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2004, January 1, 2007, and January 1, 2016.)

(c)–(d) * * *
(e)

Order
(1)

If the court grants an order sealing a record and if the sealed record is in
paper format, the clerk must substitute on the envelope or container for the
label required by (d)(2) a label prominently stating “SEALED BY ORDER
OF THE COURT ON (DATE),” and must replace the cover sheet required by
(d)(3) with a filed-endorsed copy of the court’s order. If the sealed record is
in an electronic format, the clerk must file the court’s order, store maintain
the record ordered sealed in a secure manner, and clearly identify the record
as sealed by court order on a specified date.

(2)–(4) * * *
(Subd (e) amended effective January 1, 2017; previously amended effective January 1,
2004, January 1, 2007, and January 1, 2016.)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(f)

Custody of sealed records
Sealed records must be securely filed and kept separate from the public file in the
case. If the sealed records are in electronic form, appropriate access controls must
be established to ensure that only authorized persons may access the sealed records.
(Subd (f) amended effective January 1, 2017; previously amended effective January 1,
2004.)

(g)–(h) * * *
Rule 2.551 amended effective January 1, 2017; adopted as rule 243.2 effective January 1, 2001;
previously amended and renumbered as rule 2.551 effective January 1, 2007; previously
amended effective January 1, 2004, and January 1, 2016.

Rule 2.577. Procedures for filing confidential name change records under seal
(a)

***

(b)

Application to file records in confidential name change proceedings under seal
An application by a confidential name change petitioner to file records under seal
must be filed at the time the petition for name change is submitted to the court. The
application must be made on the Application to File Documents Under Seal in
Name Change Proceeding Under Address Confidentiality Program (Safe at Home)
(form NC-410) and be accompanied by a Declaration in Support of Application to
File Documents Under Seal in Name Change Proceeding Under Address
Confidentiality Program (Safe at Home) (form NC-420), containing facts sufficient
to justify the sealing.
(Subd (b) amended effective January 1, 2017.)

(c)

***

(d)

Procedure for lodging of petition for name change
(1)–(3) * * *
(4)

If the court denies the application to seal, the clerk must return the lodged
record to the petitioner and must not place it in the case file unless the
petitioner notifies the clerk in writing within 10 days after the order denying
the application that the unsealed petition and related papers are to be filed.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

the moving party may notify the court that the lodged record is to be filed
unsealed. This notification must be received within 10 days of the order
denying the motion or application to seal, unless otherwise ordered by the
court. On receipt of this notification, the clerk must unseal and file the record.
If the moving party does not notify the court within 10 days of the order, the
clerk must (1) return the lodged record to the moving party if it is in paper
form or (2) permanently delete the lodged record if it is in electronic form.
(Subd (d) amended effective January 1, 2017; previously amended effective January 1,
2016.)

(e)

***

(f)

Order
(1)–(2) * * *
(3)

For petitions transmitted in paper form, if the court grants an order sealing a
record, the clerk must strike out the notation required by (d)(2) on the
Confidential Cover Sheet that the matter is filed “CONDITIONALLY
UNDER SEAL,” add a notation to that sheet prominently stating “SEALED
BY ORDER OF THE COURT ON (DATE),” and file the documents under
seal. For petitions transmitted electronically, the clerk must file the court’s
order, store maintain the record ordered sealed in a secure manner, and
clearly identify the record as sealed by court order on a specified date.

(4)–(5) * * *
(Subd (f) amended effective January 1, 2017; previously amended effective January 1,
2016.)

(g)

Custody of sealed records
Sealed records must be securely filed and kept separate from the public file in the
case. If the sealed records are in electronic form, appropriate access controls must
be established to ensure that only authorized persons may access the sealed records.
(Subd (g) amended effective January 1, 2017.)

(h)

***

Rule 2.577 amended effective January 1, 2017; adopted effective January 1, 2010; previously
amended effective January 1, 2016.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

Rule 2.810. Temporary judges appointed by the trial courts
(a)–(c) * * *
(d)

Exception for extraordinary circumstances
A presiding judge may appoint an attorney who is qualified under rule 2.812(a), but
who has not satisfied the other requirements of that rule, only in case of
extraordinary circumstances. Any appointment under this subdivision based on
extraordinary circumstances must be made before the attorney serves as a
temporary judge, must be recorded for reporting purposes under rule 10.742(c)(3),
and must not last more than 10 court days in a three-year period.
(Subd (d) amended effective January 1, 2017; previously amended effective January 1,
2007.)

Rule 2.810 amended effective January 1, 2017; adopted as rule 243.11 effective July 1, 2006;
previously amended and renumbered as rule 2.810 effective January 1, 2007; previously
amended effective January 1, 2009.

Rule 3.250. Limitations on the filing of papers
(a)

***

(b)

Retaining originals of papers not filed
(1)

Unless the paper served is a response, the party who serves a paper listed in
(a) must retain the original with the original proof of service affixed. If
served electronically under rule 2.251, the proof of electronic service must
meet the requirements in rule 2.251(i).

(2)

The original of a response must be served, and it must be retained by the
person upon whom it is served.

(3)

An original must be retained under (1) or (2) in the paper or electronic form
in which it was created or received.

(4)

All original papers must be retained until six months after final disposition of
the case, unless the court on motion of any party and for good cause shown
orders the original papers preserved for a longer period.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(Subd (b) amended effective January 1, 2017; amended effective January 1, 2003, and
January 1, 2007.)

(c)

***

Rule 3.250 amended effective January 1, 2017; adopted as rule 201.5 effective July 1, 1987;
previously amended effective January 1, 2001, and January 1, 2003; previously amended and
renumbered as rule 3.250 effective January 1, 2007.

Rule 3.751. Electronic service
Parties may consent to electronic service, or the court may require electronic service by
local rule or court order, under rule 2.251. The court may provide in a case management
order that documents filed electronically in a central electronic depository available to all
parties are deemed served on all parties.
Rule 3.751 amended effective January 1, 2017; adopted as rule 1830 effective January 1, 2000;
renumbered as rule 3.751 effective January 1, 2007.

Rule 3.823. Rules of evidence at arbitration hearing
(a)–(c) * * *
(d)

Delivery of documents
For purposes of this rule, “delivery” of a document or notice may be accomplished
manually, by electronic means under Code of Civil Procedure section 1010.6 and
rule 2.251, or by mail in the manner provided by Code of Civil Procedure section
1013. If service is by electronic means, the times prescribed in this rule for delivery
of documents, notices, and demands are increased as provided by Code of Civil
Procedure section 1010.6. by two days. If service is in the manner provided by mail
Code of Civil Procedure section 1013, the times prescribed in this rule are
increased as provided by five days that section.
(Subd (d) amended effective January 1, 2017; adopted effective January 1, 1988;
previously amended effective January 1, 2004, and January 1, 2016.)

Rule 3.823 amended effective January 1, 2017; adopted as rule 1613 effective July 1, 1976;
previously amended and renumbered as rule 3.823 effective January 1, 2007; previously
amended effective July 1, 1979, January 1, 1984, January 1, 1988, July 1, 1990, January 1, 2004,
January 1, 2008, and January 1, 2016.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Rule 3.1110. General format
(a)–(b) * * *
(c)

Pagination of documents
Documents bound together must be consecutively paginated. The page numbering
must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3). The
page number may be suppressed and need not appear on the first page.
(Subd (c) amended effective January 1, 2017; adopted as part of subd (b); previously
amended and lettered as subd (c) effective January 1, 2007.

(d)–(e) * * *
(f)

Format of exhibits
(1)

An index of exhibits must be provided. The index must briefly describe the
exhibit and identify the exhibit number or letter and page number.

(2)

Pages from a single deposition must be designated as a single exhibit.

(3)

Each paper exhibit must be separated by a hard 8½ x 11 sheet with hard
paper or plastic tabs extending below the bottom of the page, bearing the
exhibit designation. An index to exhibits must be provided. Pages from a
single deposition and associated exhibits must be designated as a single
exhibit.

(4)

Electronic exhibits must meet the requirements in rule 2.256(b). Unless they
are submitted by a self-represented party, electronic exhibits must include
electronic bookmarks with links to the first page of each exhibit and with
bookmark titles that identify the exhibit number or letter and briefly describe
the exhibit.

(Subd (f) amended effective January 1, 2017; adopted as subd (e) effective July 1, 1997;
previously amended and relettered as subd (f) effective January 1, 2007.)

(g)

***

Rule 3.1110 amended effective January 1, 2017; adopted as rule 311 effective January 1, 1984;
previously amended effective July 1, 1997; previously amended and renumbered as rule 3.1110
effective January 1, 2007; previously amended effective July 1, 1997, and January 1, 2016.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41

Advisory Committee Comment
Subdivision (f)(4). Under current technology, software programs that allow users to apply
electronic bookmarks to electronic documents are available for free.

Rule 3.1113. Memorandum
(a)–(c) * * *
(d)

Length of memorandum
Except in a summary judgment or summary adjudication motion, no opening or
responding memorandum may exceed 15 pages. In a summary judgment or
summary adjudication motion, no opening or responding memorandum may exceed
20 pages. No reply or closing memorandum may exceed 10 pages. The page limit
does not include the caption page, the notice of motion and motion, exhibits,
declarations, attachments, the table of contents, the table of authorities, or the proof
of service.
(Subd (d) amended effective January 1, 2017; adopted as part of a longer subd (d);
previously amended effective July 1, 1984, January 1, 1992, and January 1, 2004.)

(e)–(g) * * *
(h)

Pagination of memorandum
The pages of a memorandum must be numbered consecutively beginning with the
first page and using only Arabic numerals (e.g., 1, 2, 3). The page number may be
suppressed and need not appear on the first page.
Notwithstanding any other rule, a memorandum that includes a table of contents
and a table of authorities must be paginated as follows:
(1) The caption page or pages must not be numbered;
(2)

The pages of the tables must be numbered consecutively using lowercase roman numerals starting on the first page of the tables; and

(3)

The pages of the text must be numbered consecutively using Arabic
numerals starting on the first page of the text.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40

(Subd (h) amended effective January 1, 2017; adopted as subd (e) effective July 1, 2000;
previously amended and relettered as subd (f) effective January 1, 2004, and as subd (h)
effective January 1, 2007.)

(i)

Copies of authorities
(1)

A judge may require that if any authority other than California cases, statutes,
constitutional provisions, or state or local rules is cited, a copy of the
authority must be lodged with the papers that cite the authority. and If in
paper form, the authority must be tabbed or separated as required by rule
3.1110(f)(3). If in electronic form, the authority must be electronically
bookmarked as required by rule 3.1110(f)(4).

(2)

If a California case is cited before the time it is published in the advance
sheets of the Official Reports, the party must include the title, case number,
date of decision, and, if from the Court of Appeal, district of the Court of
Appeal in which the case was decided. A judge may require that a copy of
that case must be lodged. and If in paper form, the copy must be tabbed or
separated as required by rule 3.1110(f)(3). If in electronic form, the copy
must be electronically bookmarked as required by rule 3.1110(f)(4).

(3)

***

(Subd (i) amended effective January 1, 2017; adopted as part of subd (e) effective January
1, 1992; previously amended and relettered as subd (h) effective January 1, 2004, and as
subd (j) effective January 1, 2007; previously relettered as part of subd (f) effective July 1,
2000, and as subd. (i) effective January 1, 2008; previously amended effective July 1,
1997, July 1, 2011, and January 1, 2016.)

(j)–(m) * * *
Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984;
previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously
amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003,
January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016.

Rule 3.1302. Place and manner of filing
(a)

***

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(b)

Requirements for lodged material
Material lodged physically with the clerk must be accompanied by an addressed
envelope with sufficient postage for mailing the material. Material lodged
electronically must clearly specify the electronic address to which the materials
may be returned a notice of deletion may be sent. After determination of the matter,
the clerk may mail or send the material if in paper form back to the party lodging it.
If the lodged material is in electronic form, the clerk may permanently delete it
after sending notice of the deletion to the party who lodged the material.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2007, and January 1, 2016.)

Rule 3.1302 amended effective January 1, 2017; adopted as rule 319 effective January 1, 1984;
previously amended and renumbered as rule 3.1302 effective January 1, 2007; previously
amended effective January 1, 2016.

Rule 3.1306. Evidence at hearing
(a)–(b) * * *
(c)

Judicial notice
A party requesting judicial notice of material under Evidence Code sections 452 or
453 must provide the court and each party with a copy of the material. If the
material is part of a file in the court in which the matter is being heard, the party
must:
(1)

***

(2)

Either make arrangements with the clerk to have the file in the courtroom at
the time of the hearing or confirm with the clerk that the file is electronically
accessible to the court.

(Subd (c) amended effective January 1, 2017; adopted as subd (b); previously amended
and relettered effective January 1, 2003; previously amended effective January 1, 2007.)
Rule 3.1306 amended effective January 1, 2017; adopted as rule 323 effective January 1, 1984;
previously amended effective January 1, 2003; previously amended and renumbered as rule
3.1306 effective January 1, 2007.

Rule 3.1362. Motion to be relieved as counsel

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(a)–(c) * * *
(d)

Service
The notice of motion and motion, the declaration, and the proposed order must be
served on the client and on all other parties who have appeared in the case. The
notice may be by personal service, electronic service, or mail.
(1)

If the notice is served on the client by mail under Code of Civil Procedure
section 1013, it must be accompanied by a declaration stating facts showing
that either:
(1A) The service address is the current residence or business address of the
client; or
(2B) The service address is the last known residence or business address of
the client and the attorney has been unable to locate a more current
address after making reasonable efforts to do so within 30 days before
the filing of the motion to be relieved.

(2)

If the notice is served on the client by electronic service under Code of Civil
Procedure section 1010.6 and rule 2.251, it must be accompanied by a
declaration stating that the electronic service address is the client’s current
electronic service address.

As used in this rule, “current” means that the address was confirmed within 30 days
before the filing of the motion to be relieved. Merely demonstrating that the notice
was sent to the client’s last known address and was not returned or no electronic
delivery failure message was received is not, by itself, sufficient to demonstrate
that the address is current. If the service is by mail, Code of Civil Procedure section
1011(b) applies.
(Subd (d) amended effective January 1, 2017; adopted as subd (c); previously relettered
and amended effective July 1, 2000; previously amended effective July 1, 1991, January 1,
1996, January 1, 2007, and January 1, 2009.)

(e)

***

Rule 3.1362 amended effective January 1, 2017; adopted as rule 376 effective July 1, 1984;
previously amended and renumbered effective January 1, 2007; previously amended effective
July 1, 1991, January 1, 1996, July 1, 2000, and January 1, 2009.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Rule 4.403. Application
These rules apply only to criminal cases in which the defendant is convicted of one or
more offenses punishable as a felony by a determinate sentence imposed under Penal
Code part 2, title 7, chapter 4.5 (commencing with section 1170).
Rule 4.403 amended effective January 1, 2017; adopted as rule 403 effective July 1, 1977;
previously amended and renumbered effective January 1, 2001; previously amended effective
July 1, 2003, and January 1, 2007.
Advisory Committee Comment
The sentencing rules do not apply to offenses carrying a life term or other indeterminate
sentences for which sentence is imposed under section 1168(b).
The operative portions of section 1170 deal exclusively with prison sentences; and the mandate to
the Judicial Council in section 1170.3 is limited to criteria affecting the length of prison
sentences, sentences in county jail under section 1170(h), and the grant or denial of probation.
Criteria dealing with jail sentences, fines, or jail time and fines as conditions of probation, would
substantially exceed the mandate of the legislation.

Rule 4.405. Definitions
As used in this division, unless the context otherwise requires:
(1)–(3) * * *
(4)

“Aggravation” or “circumstances in aggravation” means factors that the court may
consider in its broad discretion in imposing one of the three authorized prison terms
of imprisonment referred to in section 1170(b).

(5)

“Mitigation” or “circumstances in mitigation” means factors that the court may
consider in its broad discretion in imposing one of the three authorized prison terms
of imprisonment referred to in section 1170(b) or factors that may justify the court
in striking the additional punishment for an enhancement when the court has
discretion to do so.

(6)–(7) * * *
(8)

“Imprisonment” means confinement in a state prison or county jail under section
1170(h).

(9)–(10) * * *

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(11) “Mandatory supervision” means the period of supervision defined in section
1170(h)(5)(A), (B).
(12) “Postrelease community supervision” means the period of supervision governed by
section 3451 et seq.
(13) “Evidence-based practices” means supervision policies, procedures, programs, and
practices demonstrated by scientific research to reduce recidivism among
individuals under probation, parole, or postrelease supervision.
(14) “Community-based corrections program” means a program consisting of a system
of services for felony offenders under local supervision dedicated to the goals
stated in section 1229(c)(1)–(5).
(15) “Local supervision” means the supervision of an adult felony offender on
probation, mandatory supervision, or postrelease community supervision.
(16) “County jail” means local county correctional facility.
Rule 4.405 amended effective January 1, 2017; adopted as rule 405 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective July 28, 1977,
January 1, 1991, July 1, 2003, January 1, 2007, and May 23, 2007.
Advisory Committee Comment
“Base term” is the term of imprisonment selected under section 1170(b) from the three possible
terms. (See section 1170(a)(3); People v. Scott (1994) 9 Cal.4th 331, 349.) Following the United
States Supreme Court decision in Cunningham v. California (2007) 549 U.S. 270 __ [127 S.Ct.
856.], the Legislature amended the determinate sentencing law. (See Sen. Bill 40; Stats. 2007, ch.
3.) To comply with those changes, these rules were also amended. In light of those amendments,
for clarity, the phrase “base term” in (4) and (5) was replaced with “one of the three authorized
prison terms.” This language was subsequently changed to “three authorized terms of
imprisonment” to incorporate county jail sentences under section 1170(h) in light of more recent
legislative amendments to the determinate sentencing law. (See Assem. Bill 109; Stats. 2011, ch.
15.) It is an open question whether the definitions in (4) and (5) apply to enhancements for which
the statute provides for three possible terms. The Legislature in SB 40 amended section 1170(b)
but did not modify sections 1170.1(d), 12022.2(a), 12022.3(b), or any other section providing for
an enhancement with three possible terms. The latter sections provide that “the court shall impose
the middle term unless there are circumstances in aggravation or mitigation.” (See, e.g., section
1170.1(d).) It is possible, although there are no cases addressing the point, that this enhancement

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

triad with the presumptive imposition of the middle term runs afoul of Cunningham. Because of
this open question, rule 4.428(b) was deleted.
“Enhancement.” The facts giving rise to an enhancement, the requirements for pleading and
proving those facts, and the court’s authority to strike the additional term are prescribed by
statutes. See, for example, sections 667.5 (prior prison terms), 12022 (being armed with a firearm
or using a deadly weapon), 12022.5 (using a firearm), 12022.6 (excessive taking or damage),
12022.7 (great bodily injury), 1170.1(e) (pleading and proof), and 1385(c) (authority to strike the
additional punishment). Note: A consecutive sentence is not an enhancement. (See section
1170.1(a); People v. Tassell (1984) 36 Cal.3d 77, 90 [overruled on other grounds in People v.
Ewoldt (1994) 7 Cal.4th 380, 401].)
“Sentence choice.” Section 1170(c) requires the judge to state reasons for the sentence choice.
This general requirement is discussed in rule 4.406.
“Imprisonment” in state prison or county jail under section 1170(h) is distinguished from
confinement in other types of facilities.
“Charged” and “found.” Statutes require that the facts giving rise to all enhancements be charged
and found. See section 1170.1(e).
Item (13), see sections 17.5(a)(9) and 3450(b)(9).
Item (15), see section 1229(e).

Rule 4.406. Reasons
(a)

***

(b)

When reasons required
Sentence choices that generally require a statement of a reason include:
(1)

Granting probation;

(2)

Imposing a prison sentence or sentence in county jail under section 1170(h)
and thereby denying probation;

(3)–(8) * * *
(9)

Not committing an eligible defendant to the California Rehabilitation Center;
and

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(10) Striking an enhancement or prior conviction allegation under section
1385(a).; and
(11) Denying mandatory supervision in the interests of justice under section
1170(h)(5)(A).
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2001, July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007.)
Rule 4.406 amended effective January 1, 2017; adopted as rule 406 effective January 1, 1991;
previously amended and renumbered effective January 1, 2001; previously amended effective
July 1, 2003, January 1, 2006, January 1, 2007, and May 23, 2007.

Rule 4.409. Consideration of criteria
***
Advisory Committee Comment
Relevant criteria are those applicable to the facts in the record of the case; not all criteria will be
relevant to each case. The judge’s duty is similar to the duty to consider the probation officer’s
report. Section 1203.
In deeming the sentencing judge to have considered relevant criteria, the rule applies the
presumption of Evidence Code section 664 that official duty has been regularly performed. (See
People v. Moran (1970) 1 Cal.3d 755, 762 ([trial court presumed to have considered referring
eligible defendant to California Youth Authority in absence of any showing to the contrary, citing
Evidence Code section 664)].)

Rule 4.410. General objectives in sentencing
(a)

General objectives of sentencing include:
(1)–(5) * * *
(6)

Securing restitution for the victims of crime; and

(7)

Achieving uniformity in sentencing.; and

(8)

Increasing public safety by reducing recidivism through community-based
corrections programs and evidence-based practices.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(Subd (a) amended effective January 1, 2017; previously amended effective July 1, 2003,
ad January 1, 2007.)

(b)

***

Rule 4.410 amended effective January 1, 2017; adopted as rule 410 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, ND
January 1, 2007.
Advisory Committee Comment
Statutory expressions of policy include:
Welfare and Institutions Code section 1820 et seq., which provides partnership funding for
county juvenile ranches, camps, or forestry camps.
Section 1203(b)(3), which requires that eligible defendants be considered for probation and
authorizes probation if circumstances in mitigation are found or justice would be served.
Section 1170(a)(1), which expresses the policies of uniformity, proportionality of prison terms of
imprisonment to the seriousness of the offense, and the use of imprisonment as punishment.
Sections 17.5, 1228, and 3450, which express the policies promoting reinvestment of criminal
justice resources to support community-based corrections programs and evidence-based practices
to improve public safety through a reduction in recidivism.
Other statutory provisions that prohibit the grant of probation in particular cases.

Rule 4.411.5. Probation officer’s presentence investigation report
(a)

Contents
A probation officer’s presentence investigation report in a felony case must include
at least the following:
(1)–(5) * * *
(6)

Any relevant facts concerning the defendant’s social history, including those
categories enumerated in section 1203.10, organized under appropriate
subheadings, including, whenever applicable, “Family,” “Education,”
“Employment and income,” “Military,” “Medical/psychological,” “Record of
substance abuse or lack thereof,” and any other relevant subheadings. This
includes facts relevant to whether the defendant may be suffering from sexual

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse,
or mental health problems as a result of his or her U.S. military service.
(7)–(12) * * *
(Subd (a) amended effective January 1, 2017; previously amended effective January 1,
1991, July 1, 2003, January 1, 2007, and January 1, 2015.)

(b)–(c) * * *
Rule 4.411.5 amended effective January 1, 2017; adopted as rule 419 effective July 1, 1981;
previously amended and renumbered as rule 411.5 effective January 1, 1991; previously
renumbered effective January 1, 2001; previously amended effective July 1, 2003 January 1,
2007, and January 1, 2015.

Rule 4.412. Reasons—agreement to punishment as an adequate reason and as
abandonment of certain claims
(a)

***

(b)

Agreement to sentence abandons section 654 claim
By agreeing to a specified term in prison or county jail under section 1170(h) term
personally and by counsel, a defendant who is sentenced to that term or a shorter
one abandons any claim that a component of the sentence violates section 654’s
prohibition of double punishment, unless that claim is asserted at the time the
agreement is recited on the record.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2007.)

Rule 4.412 amended effective January 1, 2017; adopted as rule 412 effective January 1, 1991;
previously amended and renumbered effective January 1, 2001; previously amended effective
January 1, 2007.

Rule 4.414. Criteria affecting probation
Criteria affecting the decision to grant or deny probation include facts relating to the
crime and facts relating to the defendant.
(a)

***

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(b)

Facts relating to the defendant
Facts relating to the defendant include:
(1) * * *
(2)

Prior performance and present status on probation, mandatory supervision,
postrelease community supervision, or parole and present probation or parole
status;

(3)–(8) * * *
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
1991, July 1, 2003, and January 1, 2007.)
Rule 4.414 amended effective January 1, 2017; adopted as rule 414 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective January 1, 1991,
July 1, 2003, and January 1, 2007.
Advisory Committee Comment
The sentencing judge’s discretion to grant probation is unaffected by the Uniform Determinate
Sentencing Act (section § 1170(a)(3)).
The decision whether to grant probation is normally based on an overall evaluation of the
likelihood that the defendant will live successfully in the general community. Each criterion
points to evidence that the likelihood of success is great or small. A single criterion will rarely be
determinative; in most cases, the sentencing judge will have to balance favorable and unfavorable
facts.
Under criteria (b)(3) and (b)(4), it is appropriate to consider the defendant’s expressions of
willingness to comply and his or her apparent sincerity, and whether the defendant’s home and
work environment and primary associates will be supportive of the defendant’s efforts to comply
with the terms of probation, among other factors.

Rule 4.415. Criteria affecting the imposition of mandatory supervision
(a)

Presumption
Except where the defendant is statutorily ineligible for suspension of any part of the
sentence, when imposing a term of imprisonment in county jail under section
1170(h), the court must suspend execution of a concluding portion of the term to be
served as a period of mandatory supervision unless the court finds, in the interests

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

of justice, that mandatory supervision is not appropriate in a particular case.
Because section 1170(h)(5)(A) establishes a statutory presumption in favor of the
imposition of a period of mandatory supervision in all applicable cases, denials of a
period of mandatory supervision should be limited.
(Subd (a) amended effective January 1, 2017.)

(b)–(d) * * *
Rule 4.415 amended effective January 1, 2017; adopted effective January 1, 2015.
Advisory Committee Comment
Penal Code section 1170.3 requires the Judicial Council to adopt rules of court that prescribe
criteria for the consideration of the court at the time of sentencing regarding the court’s decision
to “[d]eny a period of mandatory supervision in the interests of justice under paragraph (5) of
subdivision (h) of Section 1170 or determine the appropriate period of and conditions of
mandatory supervision.”
Subdivision (a). Penal Code section 1170(h)(5)(A): “Unless the court finds, in the interests of
justice, that it is not appropriate in a particular case, the court, when imposing a sentence pursuant
to paragraph (1) or (2) of this subdivision, shall suspend execution of a concluding portion of the
term for a period selected at the court’s discretion.” Under People v. Borynack (2015) 238
Cal.App.4th 958, review denied, courts may not impose mandatory supervision when the
defendant is statutorily ineligible for a suspension of part of the sentence.
Subdivisions (b)(3), (b)(4), and (c)(3). * * *
Subdivision (c)(7). * * *

Rule 4.420. Selection of term of imprisonment
(a)

***

(b)

In exercising his or her discretion in selecting one of the three authorized prison
terms of imprisonment referred to in section 1170(b), the sentencing judge may
consider circumstances in aggravation or mitigation, and any other factor
reasonably related to the sentencing decision. The relevant circumstances may be
obtained from the case record, the probation officer’s report, other reports and
statements properly received, statements in aggravation or mitigation, and any
evidence introduced at the sentencing hearing.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(Subd (b) amended effective January 1, 2017; previously amended effective July 28, 1977,
January 1, 1991, January 1, 2007, May 23, 2007, and January 1, 2008.)

(c)-(d) * * *
(e)

The reasons for selecting one of the three authorized prison terms of imprisonment
referred to in section 1170(b) must be stated orally on the record.
(Subd (e) amended effective January 1, 2017; previously amended and relettered effective
January 1, 1991; previously amended effective July 28, 1977, January 1, 2007, and May
23, 2007.)

Rule 4.420 amended effective January 1, 2017; adopted as rule 439 effective July 1, 1977;
previously amended and renumbered as rule 420 effective January 1, 1991; previously
renumbered effective January 1, 2001; previously amended effective July 28, 1977, January 1,
2007, May 23, 2007, and January 1, 2008.
Advisory Committee Comment
The determinate sentencing law authorizes the court to select any of the three possible prison
terms of imprisonment even though neither party has requested a particular term by formal
motion or informal argument. Section 1170(b) vests the court with discretion to impose any of the
three authorized prison terms of imprisonment and requires that the court state on the record the
reasons for imposing that term.
It is not clear whether the reasons stated by the judge for selecting a particular term qualify as
“facts” for the purposes of the rule prohibition on dual use of facts. Until the issue is clarified,
judges should avoid the use of reasons that may constitute an impermissible dual use of facts. For
example, the court is not permitted to use a reason to impose a greater term if that reason also is
either (1) the same as an enhancement that will be imposed, or (2) an element of the crime. The
court should not use the same reason to impose a consecutive sentence as to impose an upper
term of imprisonment. (People v. Avalos (1984) 37 Cal.3d 216, 233.) It is not improper to use the
same reason to deny probation and to impose the upper term. (People v. Bowen (1992) 11
Cal.App.4th 102, 106.)
The rule makes it clear that a fact charged and found as an enhancement may, in the alternative,
be used as a factor in aggravation.
People v. Riolo (1983) 33 Cal.3d 223, 227 (and note 5 on 227) held that section 1170.1(a) does
not require the judgment to state the base term (upper, middle, or lower) and enhancements,
computed independently, on counts that are subject to automatic reduction under the one-third
formula of section 1170.1(a).

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Even when sentencing is under section 1170.1, however, it is essential to determine the base term
and specific enhancements for each count independently, in order to know which is the principal
term count. The principal term count must be determined before any calculation is made using the
one-third formula for subordinate terms.
In addition, the base term (upper, middle, or lower) for each count must be determined to arrive at
an informed decision whether to make terms consecutive or concurrent; and the base term for
each count must be stated in the judgment when sentences are concurrent or are fully consecutive
(i.e., not subject to the one-third rule of section 1170.1(a)).

Rule 4.421. Circumstances in aggravation
Circumstances in aggravation include factors relating to the crime and factors relating to
the defendant.
(a)

***

(b)

Factors relating to the defendant
Factors relating to the defendant include that:
(1)–(2) * * *

(3)

The defendant has served a prior term in prison or county jail under section
1170(h) term;

(4)

The defendant was on probation, mandatory supervision, postrelease
community supervision, or parole when the crime was committed; and

(5)

The defendant’s prior performance on probation, mandatory supervision,
postrelease community supervision, or parole was unsatisfactory.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
1991, January 1, 2007, and May 23, 2007.)

(c)

***

Rule 4.421 amended effective January 1, 2017; adopted as rule 421 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective January 1, 1991,
January 1, 2007, and May 23, 2007.
Advisory Committee Comment

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

Circumstances in aggravation may justify imposition of the upper of three possible prison terms
of imprisonment. (Section 1170(b).)
The list of circumstances in aggravation includes some facts that, if charged and found, may be
used to enhance the sentence. The rule does not deal with the dual use of the facts; the statutory
prohibition against dual use is included, in part, in rule 4.420.
Conversely, such facts as infliction of bodily harm, being armed with or using a weapon, and a
taking or loss of great value may be circumstances in aggravation even if not meeting the
statutory definitions for enhancements.
Facts concerning the defendant’s prior record and personal history may be considered. By
providing that the defendant’s prior record and simultaneous convictions of other offenses may
not be used both for enhancement and in aggravation, section 1170(b) indicates that these and
other facts extrinsic to the commission of the crime may be considered in aggravation in
appropriate cases. This resolves whatever ambiguity may arise from the phrase “circumstances in
aggravation . . . of the crime.” The phrase “circumstances in aggravation or mitigation of the
crime” necessarily alludes to extrinsic facts.
Refusal to consider the personal characteristics of the defendant in imposing sentence would also
raise serious constitutional questions. The California Supreme Court has held that sentencing
decisions must take into account “the nature of the offense and/or the offender, with particular
regard to the degree of danger both present to society.” In re Rodriguez (1975) 14 Cal.3d 639,
654, quoting In re Lynch (1972) 8 Cal.3d 410, 425. In In re Rodriguez the court released
petitioner from further incarceration because “[I]t appears that neither the circumstances of his
offense nor his personal characteristics establish a danger to society sufficient to justify such a
prolonged period of imprisonment.” (Id. at 655.) (Footnote omitted, emphasis added.) “For the
determination of sentences, justice generally requires . . . that there be taken into account the
circumstances of the offense together with the character and propensities of the offender.”
(Pennsylvania v. Ashe (1937) 302 U.S. 51, 55, quoted with approval in Gregg v. Georgia (1976)
428 U.S. 153, 189.)
The scope of “circumstances in aggravation or mitigation” under section 1170(b) is, therefore,
coextensive with the scope of inquiry under the similar phrase in section 1203.
The 1990 amendments to this rule and the comment included the deletion of most section
numbers. These changes recognize changing statutory section numbers and the fact that there are
numerous additional code sections related to the rule, including numerous statutory enhancements
enacted since the rule was originally adopted.
Former subdivision (a)(4), concerning multiple victims, was deleted to avoid confusion; cases in
which that possible circumstance in aggravation was relied on were frequently reversed on appeal

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

because there was only a single victim in a particular count.
Old age or youth of the victim may be circumstances in aggravation; see section 1170.85(b).
Other statutory circumstances in aggravation are listed, for example, in sections 422.76, 1170.7,
1170.71, 1170.75, 1170.8, and 1170.85.

Rule 4.423. Circumstances in mitigation
Circumstances in mitigation include factors relating to the crime and factors relating to
the defendant.
(a)

***

(b)

Factors relating to the defendant
Factors relating to the defendant include that:
(1)–(5) * * *
(6)

The defendant’s prior performance on probation, mandatory supervision,
postrelease community supervision, or parole was satisfactory.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
1991, January 1, 2007, and May 23, 2007.)
Rule 4.423 amended effective January 1, 2017; adopted as rule 423 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective January 1, 1991,
July 1, 1993, January 1, 2007, and May 23, 2007.

Rule 4.425. Criteria affecting concurrent or consecutive sentences
Criteria affecting the decision to impose consecutive rather than concurrent sentences
include:
(a)

***

(b)

Other criteria and limitations
Any circumstances in aggravation or mitigation may be considered in deciding
whether to impose consecutive rather than concurrent sentences, except:
(1)

***

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(2)

A fact used to otherwise enhance the defendant’s sentence in prison or county
jail under section 1170(h) sentence; and

(3)

***

(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
1991, and January 1, 2007.)
Rule 4.425 amended effective January 1, 2017; adopted as rule 425 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective January 1, 1991,
and January 1, 2007.

Rule 4.427. Hate crimes
(a)

***

(b)

Felony sentencing under section 422.7
If one of the three factors listed in section 422.7 is pled and proved, a misdemeanor
conviction that constitutes a hate crime under section 422.55 may be sentenced as a
felony. The punishment is imprisonment in state prison or county jail under section
1170(h) as provided by section 422.7.
(Subd (b) amended effective January 1, 2017.)

(c)–(e) * * *
Rule 4.427 amended effective January 1, 2017; adopted effective January 1, 2007.

Rule 4.431. Proceedings at sentencing to be reported
***
Advisory Committee Comment
Reporters’ transcripts of the sentencing proceedings are required on appeal (rule 8.420 8.320,
except in certain cases under subdivision (d) of that rule), and when the defendant is sentenced to
prison (section 1203.01).

Rule 4.433. Matters to be considered at time set for sentencing

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

(a)

In every case, at the time set for sentencing under section 1191, the sentencing
judge must hold a hearing at which the judge must:
(1)

Hear and determine any matters raised by the defendant under section 1201;
and

(2)

Determine whether a defendant who is eligible for probation should be
granted or denied probation, unless consideration of probation is expressly
waived by the defendant personally and by counsel.; and

(3)

Determine whether to deny a period of mandatory supervision in the interests
of justice under section 1170(h)(5)(A).

(Subd (a) amended effective January 1, 2017; previously amended effective January 1,
2007.)

(b)

If the imposition of a sentence is to be suspended during a period of probation after
a conviction by trial, the trial judge must identify and state circumstances that
would justify imposition of one of the three authorized prison terms of
imprisonment referred to in section 1170(b) if probation is later revoked. The
circumstances identified and stated by the judge must be based on evidence
admitted at the trial or other circumstances properly considered under rule 4.420(b).
(Subd (b) amended effective January 1, 2017; previously amended effective July 28, 1977,
January 1, 2007, May 23, 2007, and January 1, 2008.)

(c)

If a sentence of imprisonment is to be imposed, or if the execution of a sentence of
imprisonment is to be suspended during a period of probation, the sentencing judge
must:
(1)

Determine, under section 1170(b), whether to impose one of the three
authorized prison terms of imprisonment referred to in section 1170(b) and
state on the record the reasons for imposing that term.;

(2)–(5) * * *
(Subd (c) amended effective January 1, 2017; previously amended effective July 28, 1977,
July 1, 2003, January 1, 2007, and May 23, 2007.)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41

(d)

***

(e)

When a sentence of imprisonment is imposed under (c) or under rule 4.435, the
sentencing judge must inform the defendant,:
(1)

Under section 1170(c), of the parole period provided by section 3000 to be
served after expiration of the sentence, in addition to any period of
incarceration for parole violation.;

(2)

Of the period of postrelease community supervision provided by section 3456
to be served after expiration of the sentence, in addition to any period of
incarceration for a violation of postrelease community supervision; or

(3)

Of any period of mandatory supervision imposed under section
1170(h)(5)(A), (B), in addition to any period of imprisonment for a violation
of mandatory supervision.

(Subd (e) amended effective January 1, 2017; previously amended effective July 28, 1977,
January 1, 1979, July 1, 2003, and January 1, 2007.)
Rule 4.433 amended effective January 1, 2017; adopted as rule 433 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective July 28, 1977,
January 1, 1979, July 1, 2003, January 1, 2007, May 23, 2007, and January 1, 2008.
Advisory Committee Comment
This rule summarizes the questions that the court is required to consider at the time of sentencing,
in their logical order.
Subdivision (a)(2) makes it clear that probation should be considered in every case, without the
necessity of any application, unless the defendant is statutorily ineligible for probation.
Under subdivision (b), when imposition of sentence is to be suspended, the sentencing judge is
not to make any determinations as to possible length of a prison term of imprisonment on
violation of probation (section 1170(b)). If there was a trial, however, the judge must state on the
record the circumstances that would justify imposition of one of the three authorized prison terms
of imprisonment based on the trial evidence.
Subdivision (d) makes it clear that all sentencing matters should be disposed of at a single hearing
unless strong reasons exist for a continuance.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

Rule 4.435. Sentencing on revocation of probation
(a)

***

(b)

On revocation and termination of probation under section 1203.2, when the
sentencing judge determines that the defendant will be committed to prison or
county jail under section 1170(h):
(1)

***

(2)

If the execution of sentence was previously suspended, the judge must order
that the judgment previously pronounced be in full force and effect and that
the defendant be committed to the custody of the Secretary of the Department
of Corrections and Rehabilitation or local county correctional administrator
or sheriff for the term prescribed in that judgment.

(Subd (b) amended effective January 1, 2017; previously amended effective July 1, 2003,
January 1, 2006, and January 1, 2007.)
Rule 4.435 amended effective January 1, 2017; adopted as rule 435 effective July 1, 1977;
previously renumbered effective January 1, 2001; previously amended effective January 1, 1991,
July 1, 2003, January 1, 2006, and January 1, 2007.
Advisory Committee Comment
Subdivision (a) makes it clear that there is no change in the court’s power, on finding cause to
revoke and terminate probation under section 1203.2(a), to continue the defendant on probation.
The restriction of subdivision (b)(1) is based on In re Rodriguez (1975) 14 Cal.3d 639, 652:
“[T]he primary term must reflect the circumstances existing at the time of the offense.”
A judge imposing a prison sentence imprisonment on revocation of probation will have the power
granted by section 1170(d) to recall the commitment on his or her own motion within 120 days
after the date of commitment, and the power under section 1203.2(e) to set aside the revocation of
probation, for good cause, within 30 days after the court has notice that execution of the sentence
has commenced.
Consideration of conduct occurring after the granting of probation should be distinguished from
consideration of preprobation conduct that is discovered after the granting of an order of
probation and before sentencing following a revocation and termination of probation. If the
preprobation conduct affects or nullifies a determination made at the time probation was granted,

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

the preprobation conduct may properly be considered at sentencing following revocation and
termination of probation. (See People v. Griffith (1984) 153 Cal.App.3d 796, 801.)

Rule 4.452. Determinate sentence consecutive to prior determinate sentence
If a determinate sentence is imposed under section 1170.1(a) consecutive to one or more
determinate sentences imposed previously in the same court or in other courts, the court
in the current case must pronounce a single aggregate term, as defined in section
1170.1(a), stating the result of combining the previous and current sentences. In those
situations:
(1)–(2) * * *
(3)

Discretionary decisions of the judges in the previous cases may not be changed by
the judge in the current case. Such decisions include the decision to impose one of
the three authorized prison terms of imprisonment referred to in section 1170(b),
making counts in prior cases concurrent with or consecutive to each other, or the
decision that circumstances in mitigation or in the furtherance of justice justified
striking the punishment for an enhancement.

Rule 4.452 amended effective January 1, 2017; adopted as rule 452 effective January 1, 1991;
previously renumbered effective January 1, 2001; previously amended effective July 1, 2003,
January 1, 2007, and May 23, 2007.

Rule 4.472. Determination of presentence custody time credit
At the time of sentencing, the court must cause to be recorded on the judgment or
commitment the total time in custody to be credited on the sentence under sections
2900.5, 2933.1(c), and 2933.2(c), and 4019. On referral of the defendant to the probation
officer for an investigation and report under section 1203(b) or 1203(g), or on setting a
date for sentencing in the absence of a referral, the court must direct the sheriff, probation
officer, or other appropriate person to report to the court and notify the defendant or
defense counsel and prosecuting attorney within a reasonable time before the date set for
sentencing as to the number of days that defendant has been in custody and for which he
or she may be entitled to credit. Any challenges to the report must be heard at the time of
sentencing.
Rule 4.472 amended effective January 1, 2017; adopted as rule 252 effective January 1, 1977;
previously amended and renumbered as rule 472 effective January 1, 1991, and as rule 4.472
effective January 1, 2001; previously amended effective July 1, 2003, and January 1, 2007.

Rule 4.480. Judge’s statement under section 1203.01

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

A sentencing judge’s statement of his or her views under section 1203.01 respecting a
person sentenced to the Department of Corrections and Rehabilitation, Division of Adult
Operations is required only in the event that no probation report is filed. Even though it is
not required, however, a statement should be submitted by the judge in any case in which
he or she believes that the correctional handling and the determination of term and parole
should be influenced by information not contained in other court records.
The purpose of a section 1203.01 statement is to provide assistance to the Department of
Corrections and Rehabilitation, Division of Adult Operations in its programming and
institutional assignment and to the Board of Parole Hearings with reference to term fixing
and parole release of persons sentenced indeterminately, and parole and postrelease
community supervision waiver of persons sentenced determinately. It may amplify any
reasons for the sentence that may bear on a possible suggestion by the Secretary of the
Department of Corrections and Rehabilitation or the Board of Parole Hearings that the
sentence and commitment be recalled and the defendant be resentenced. To be of
maximum assistance to these agencies, a judge’s statements should contain
individualized comments concerning the convicted offender, any special circumstances
that led to a prison sentence rather than local incarceration, and any other significant
information that might not readily be available in any of the accompanying official
records and reports.
If a section 1203.01 statement is prepared, it should be submitted no later than two weeks
after sentencing so that it may be included in the official Department of Corrections and
Rehabilitation, Division of Adult Operations case summary that is prepared during the
time the offender is being processed at the Reception-Guidance Center of the Department
of Corrections and Rehabilitation, Division of Adult Operations.
Rule 4.480 amended effective January 1, 2017; adopted as section 12 of the Standards of Judicial
Administration effective January 1, 1973; previously amended and renumbered as rule 4.480
effective January 1, 2001; previously amended effective July 1, 1978, July 1, 2003, January 1,
2006, and January 1, 2007.

Rule 4.530. Intercounty transfer of probation and mandatory supervision cases
(a)–(f) * * *
(g)

Transfer
(1)–(2) * * *
(3)

Transfer is effective the date the transferring court orders the transfer. Upon
transfer of the case, the receiving court must accept the entire jurisdiction
over the case.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(4)

***

(5)

Upon transfer of the case, tThe transferring court must transmit any records
of payments and the entire original court file, except exhibits, to the receiving
court within two weeks of the transfer order in all cases in which the
supervisee is the sole defendant, except the transferring court shall not
transfer (A) exhibits or (B) any records of payments. If transfer is ordered in
a case involving more than one defendant, the transferring court must
transmit certified copies of the entire original court file, except exhibits and
any records of payments, to the receiving court upon transfer of the case.

(6)

Upon transfer tThe probation officer of the transferring county must transmit,
at a minimum, any court orders, probation or mandatory supervision reports,
and case plans, and all records of payments to the probation officer of the
receiving county within two weeks of the transfer order.

(7)

***

(Subd (g) amended effective January 1, 2017; previously amended effective November 1,
2012.)

(h)

Court-ordered debt
(1)

(2)

In accordance with Penal Code section 1203.9(d) and (e):
(A)

If the transferring court has ordered the defendant to pay fines, fees,
forfeitures, penalties, assessments, or restitution, the transfer order must
require that those and any other amounts ordered by the transferring
court that are still unpaid at the time of transfer be paid by the
defendant to the collection program for the transferring court for proper
distribution and accounting once collected.

(B)

The receiving court and receiving county probation department may
impose additional local fees and costs as authorized.

(C)

Upon approval of a transferring court, a receiving court may elect to
collect all of the court-ordered payments from a defendant attributable
to the case under which the defendant is being supervised.

Policies and procedures for implementation of the collection, accounting, and
disbursement of court-ordered debt under this rule must be consistent with
Judicial Council fiscal procedures available at www.courts.ca.gov.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(Subd (h) adopted effective January 1, 2017.)
Rule 4.530 amended effective January 1, 2017; adopted effective July 1, 2010; previously
amended effective November 1, 2012, and February 20, 2014.
Advisory Committee Comment
Subdivision (g)(5) requires the transferring court to transmit the entire original court file, except
exhibits and any records of payments, to the court of the receiving county in all cases in which
the supervisee is the sole defendant. Before transmitting the entire original court file, transferring
courts should consider retaining copies of the court file in the event of an appeal or a writ. In
cases involving more than one defendant, subdivision (g)(5) requires the transferring court to
transmit certified copies of the entire original court file to ensure that transferring courts are able
to properly adjudicate any pending or future codefendant proceedings. Only documents related to
the transferring defendant must be transmitted to the receiving court.
Subdivision (g)(7) clarifies that any jail sentence imposed as a condition of probation or
mandatory supervision before transfer must be served in the transferring county unless otherwise
authorized by law. For example, Penal Code section 1208.5 authorizes the boards of supervisors
of two or more counties with work furlough programs to enter into agreements to allow workfurlough-eligible persons sentenced to or imprisoned in one county jail to transfer to another
county jail.
Subdivision (h) requires defendants still owing fines, fees, forfeitures, penalties, assessments, or
restitution to pay the transferring court’s collection program. In counties where the county
probation department collects this court-ordered debt, the term “collection program” is intended
to include the county probation department.

Rule 5.66. Proof of service
(a)

Requirements to file proof of service
Parties must file with the court a completed form to prove that the other party
received the petition or complaint or response to petition or complaint.
(Subd (a) amended and lettered effective January 1, 2017; adopted as unlettered subd.)

(b)

Methods of proof of service
(1)

The proof of service of summons may be on a form approved by the Judicial
Council or a document or pleading containing the same information required
in Proof of Service of Summons (form FL-115).

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(2)

The proof of service of response to petition or complaint may be on a form
approved by the Judicial Council or a document or pleading containing the
same information required in Proof of Service by Mail (form FL-335) or,
Proof of Personal Service (form FL-330), or Proof of Electronic Service
(form POS-050/EFS-050).

(Subd (b) amended and lettered effective January 1, 2017; adopted as unlettered subd.)
Rule 5.66 amended effective January 1, 2017; adopted effective January 1, 2013.

Rule 5.504. Judicial Council forms
(a)–(b) * * *
(c)

Implementation of new and revised mandatory forms
To help implement mandatory Judicial Council juvenile forms:
(1)

***

(2)

Until January 1, 20179, a court may produce court orders in any form or
format as long as:
(A)–(D) * * *

(Subd (c) amended effective January 1, 2017; adopted effective January 1, 2006;
previously amended effective January 1, 2007, and January 1, 2012.)
Rule 5.504 amended effective January 1, 2017; adopted as rule 1402 effective January 1, 1991;
previously amended and renumbered effective January 1, 2007; previously amended effective
July 1, 1991, January 1, 1992, July 1, 1992, January 1, 1993, January 1, 1994, January 1, 1998,
January 1, 2001, January 1, 2006, July 1, 2006, and January 1, 2012.

Rule 5.324. Telephone appearance in title IV-D hearings and conferences
(a)–(c) * * *
(d)

Exceptions
A telephone appearance is not permitted for any of the following except as
permitted by Family Code section 5700.3164930:

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(1)–(2) * * *
(Subd (d) amended effective January 1, 2017; previously amended effective January 1,
2008.)

(e)–(k) * * *
Rule 5.324 amended effective January 1, 2017; adopted effective July 1, 2005; previously
amended effective January 1, 2007, January 1, 2008, July 1, 2008, July 1, 2011, and January 1,
2014.

Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention
Act cases
(a)–(b)
(c)

***

Notice of Entry of Judgment
When an Agreement and Judgment of Parentage (form DV-180) is filed, the court
must mail serve a Notice of Entry of Judgment (form FL-190) on the parties.
(Subd (c) amended effective January 1, 2017.)

Rule 5.380 amended effective January 1, 2017; adopted effective January 1, 2012.

Rule 5.390. Bifurcation of issues
(a)–(d)
(e)

***

Notice by clerk
Within 10 days after the order deciding the bifurcated issue and any statement of
decision under rule 3.1591 have been filed, the clerk must mail serve copies to the
parties and file a certificate of mailing or a certificate of electronic service.
(Subd (e) amended effective January 1, 2017.)

Rule 5.390 amended effective January 1, 2017; adopted effective January 1, 2013.

Rule 5.392. Interlocutory appeals
(a)

***

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(b)

Certificate of probable cause for appeal
(1)

***

(2)

If it was not in the order, within 10 days after the clerk mails serves the order
deciding the bifurcated issue, a party may notice a motion asking the court to
certify that there is probable cause for immediate appellate review of the
order. The motion must be heard within 30 days after the order deciding the
bifurcated issue is mailed served.

(3)

The clerk must promptly mail serve notice of the decision on the motion to
the parties. If the motion is not determined within 40 days after mailing of
serving the order on the bifurcated issue, it is deemed granted on the grounds
stated in the motion.

(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2002, and January 1, 2003.)

(c)

***

(d)

Motion to appeal
(1)

If the certificate is granted, a party may, within 15 days after the mailing of
court serves the notice of the order granting it, serve and file in the Court of
Appeal a motion to appeal the decision on the bifurcated issue. On ex parte
application served and filed within 15 days, the Court of Appeal or the trial
court may extend the time for filing the motion to appeal by not more than an
additional 20 days.

(2)–(6) * * *
(Subd (d) amended effective January 1, 2017; previously amended effective January 1,
2002, January 1, 2003, and January 1, 2007.)

(e)

***

(f)

Proceedings if motion to appeal is granted
(1)

***

(2)

The partial record filed with the motion will be considered the record for the
appeal unless, within 10 days from the date notice of the grant of the motion

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

is mailed served, a party notifies the Court of Appeal of additional portions of
the record that are needed for the full consideration of the appeal.
(3)–(4) * * *
(Subd (f) amended effective January 1, 2017; previously amended effective January 1,
2002, January 1, 2003, and January 1, 2007.)

(g)–(h) * * *
Rule 5.392 renumbered effective January 1, 2017; adopted as rule 1269.5 effective July 1, 1989;
previously amended and renumbered as rule 5.180 effective January 1, 2003; previously
amended effective January 1, 1994, January 1, 2002, January 1, 2007, and January 1, 2013.

Rule 5.534. General provisions—all proceedings
(a)

Control of proceedings (§§ 350, 680)
The court must control all proceedings with a view to quickly and effectively
ascertaining the jurisdictional facts and all information relevant to the present
condition and welfare of the child.

(b)

Conduct of proceedings (§§ 350, 680)
Unless there is a contested issue of fact or law, the proceedings must be conducted
in a nonadversarial atmosphere.

(c)

Testimony of child in chambers (§ 350)
In a hearing under section 300 et seq., a child may testify in chambers and outside
the presence of the child’s parent or guardian if the parent or guardian is
represented by counsel who is present, subject to the right of the parent or guardian
to have the court reporter read back the child’s testimony, and if the court
determines, based on the petitioner’s report or other offers of proof or other
evidence, that any of the following circumstances exist:
(1)

Testimony in chambers is necessary to ensure truthful testimony;

(2)

The child is likely to be intimidated by a formal courtroom setting; or

(3)

The child is afraid to testify in front of the parent or guardian.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(d)

Burden of proof (§§ 350, 701.1)
Meeting the burden of proof:
(1)

In any hearing under section 300 in which the county welfare agency has the
burden of proof, the court may consider whether the burden of proof has been
met only after completion of the agency’s case and the presentation of any
material evidence offered by the child. The court may then, on motion of any
party or on the court’s own motion, order whatever action the law requires if
the court, based on all the evidence then before it, finds that the burden of
proof has not been met.

(2)

In any hearing under section 601 or 602, after the completion of the
petitioner’s case, the court may, on the motion of any party or on the court’s
own motion, order whatever action the law requires if the court, based on all
the evidence then before it, finds that the burden of proof has not been met.

(e)(a) * * *
(Subd (a) relettered effective January 1, 2017; adopted as subd (e); previously amended
effective January 1, 2007, and January 1, 2014.)

(f)(b) * * *
(Subd (b) relettered effective January 1, 2017; adopted as subd (f); previously amended
effective January 1, 2007, January 1, 2011, and January 1, 2014.)

(g)(c) * * *
(Subd (c) relettered effective January 1, 2017; adopted as subd (g); previously amended
effective July 1, 2002, January 1, 2007, and January 1, 2014.)

(h)(d) * * *
(Subd (d) relettered effective January 1, 2017; adopted as subd (h); previously amended
effective July 1, 2002, January 1, 2007, and January 1, 2014.)

(i)(e) * * *
(Subd (e) relettered effective January 1, 2017; adopted as subd (i) effective January 1,
1997; previously amended effective July 1, 2002, and January 1, 2007.)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(j)(f) * * *
(Subd (f) relettered effective January 1, 2017; adopted as subd (j) effective January 1,
2008; previously amended effective January 1, 2014.)

(k)(g) Advisement of hearing rights (§§ 301, 311, 341, 630, 702.5, 827)
(1)

The court must advise the child, parent, and guardian in section 300 cases,
and the child in section 601 or section 602 cases, of the following rights:
(A)

Any The right to assert the privilege against self-incrimination;

(B)–(D) * * *
(2)–(3) * * *
(Subd (g) amended and relettered effective January 1, 2017; adopted as subd (i);
previously amended effective July 1, 2002, and January 1, 2007; previously relettered as
subd (j) effective January 1, 1997, and as subd (k) effective January 1, 2008.

(l)(h) * * *
(Subd (h) relettered effective January 1, 2017; adopted as subd (j); previously amended
effective July 1, 2002, and January 1, 2007; previously relettered as subd (k) effective
January 1, 1997, and as subd (l) effective January 1, 2008.)

(m)(i) * * *
(Subd (i) relettered effective January 1, 2017; adopted as subd (k) effective January 1,
1994; previously relettered as subd (l) effective January 1, 1997; previously relettered as
subd (m) effective January 1, 2008; previously amended effective July 1, 2002, January 1,
2007, and July 1, 2016.)

(n)(j) * * *
(Subd (j) relettered effective January 1, 2017; adopted as subd (m) effective October 1,
2007; previously relettered as subd (n) effective January 1, 2008; previously amended
effective January 1, 2016.)

(o)

Periodic reports (§ 365)
The court may require the petitioner or any other agency to submit reports
concerning a child or youth subject to the jurisdiction of the court.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(p)

Presence of child (§ 349)
(1)

A child who is the subject of a juvenile court hearing is entitled to be present
at the hearing. If the child is present at the hearing, the court must allow the
child, if the child so desires, to address the court and participate in the
hearing.

(2)

If the child is 10 years of age or older and he or she is not present at the
hearing, the court must determine whether the child was properly notified of
his or her right to attend the hearing and ask why the child is not present at
the hearing and whether the child was given an opportunity to attend. If the
court finds that the child was not properly notified or that the child wished to
be present and was not given an opportunity to be present, the court must
continue the hearing to allow the child to attend unless the court finds that it
is in the best interest of the child not to continue the hearing. Any such
continuance must be only for that period of time necessary to provide notice
and secure the presence of the child. The court may issue any and all orders
reasonably necessary to ensure that the child has an opportunity to attend.

Rule 5.534 amended effective January 1, 2017; adopted as rule 1412 effective January 1, 1991;
previously amended and renumbered as rule 5.534 effective January 1, 2007; previously
amended effective January 1, 1994, July 1, 1995, January 1, 1997, January 1, 2000, July 1, 2002,
January 1, 2005, October 1, 2007, January 1, 2008, January 1, 2010, January 1, 2011, January
1, 2014, January 1, 2016, and July 1, 2016.
Advisory Committee Comment
Because the intent of subdivision (n)(j) is to expand access to the courts for caregivers of children
in out-of-home care, the rule should be liberally construed. To promote caregiver participation
and input, judicial officers are encouraged to permit caregivers to orally address the court when
caregivers would like to share information about the child. In addition, court clerks should allow
filings by caregivers even if the caregiver has not strictly adhered to the requirements in the rule
regarding number of copies and filing deadlines.

Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a
nonminor—dependents or wards of the juvenile court in a foster care
placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452,
607.2, 607.3, 16501.1(f)(g)(16))
(a)

***

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(b)

Setting a hearing
(1)

A court hearing must be placed on the appearance calendar and held
completed before prior to terminating juvenile court jurisdiction is
terminated.

(2)

The hearing under this rule may be held during any regularly scheduled
review hearing or a hearing required on a petition filed under section 366 (g),
366.3, 366.31, 727.2, or 727.3 or rule 5.903 388 or section 778.

(3)

Notice of the hearing must be given as required by section 295.

(4)

Notice of the hearing to the parents of a nonminor dependent as defined in
section 11400(v) is not required, unless the parents are is receiving courtordered family reunification services or the nonminor is living in the home of
the parent or former legal guardian.

(4)(5) * * *
(5)(6) The hearing must be continued for no more than five court days for the
submission of additional information as ordered by the court if the court
determines that the report, the Transitional Independent Living Plan, the
Transitional Independent Living Case Plan, (TILCP) if required, or the 90day Transition Plan submitted by the social worker or probation officer does
not provide the information required by (c) and the court is unable to make
the findings and orders required by (d).
(Subd (b) amended effective January 1, 2017; previously amended effective July 1, 2012,
and January 1, 2014.)

(c)

Reports
(1)

In addition to complying with all other statutory and rule requirements
applicable to the report prepared by the social worker or probation officer for
any hearing during which termination of the court’s jurisdiction will be
considered, The report prepared by the social worker or probation officer for
a hearing under this rule must, in addition to any other elements required by
law, include:
(A)–(C)
(D)

***

Whether the nonminor has applied for title XVI Supplemental Security
Income benefits and, if so, the status of any in-progress that application

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

pending for title XVI Supplemental Security Income benefits, and
whether remaining under juvenile court jurisdiction until a final
decision has been issued is in the nonminor’s best interests;
(E)

Whether the nonminor has applied for Special Immigrant Juvenile
status or other immigration relief and, if so, the status of any inprogress that application, pending for Special Immigrant Juvenile
Status or other applicable application for legal residency and whether
an active juvenile court case is required for that application;

(F)–(H)
(I)

***

For a nonminor who is not present for the hearing: If the social worker
or probation officer has reason to believe that the nonminor will not
appear at the hearing, documentation of the basis for that belief,
including:
(i)

Documentation of the nonminor’s statement that he or she did
does not wish to appear in court person or by telephone for the
scheduled hearing; or

(ii)

Documentation of the reasonable efforts made to locate find the
nonminor when his or her current location is unknown;

(J)–(K)

***

(2)

The social worker or probation officer must file with the report a completed
Termination of Juvenile Court Jurisdiction—Nonminor (form JV-365).

(3)

The social worker or probation officer must also file with the report the
nonminor’s:

(4)

(A)

***

(B)

Most recent Transitional Independent Living Plan (TILP); and

(C)

***

The social worker’s or probation officer’s report and all documents required
by (c)(2)–(3) must be filed with the court at least 10 calendar days before the
hearing, and the social worker or probation officer must provide copies of the
report and other documents to the nonminor, the nonminor’s parents, and all
attorneys of record. If the nonminor is under juvenile court jurisdiction as a

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

nonminor dependent, the social worker or probation officer is not required to
provide copies of the report and other documents to the nonminor
dependent’s parents, unless the nonminor dependent’s parents are is receiving
court-ordered family reunification services.
(Subd (c) amended effective January 1, 2017; previously amended effective July 1, 2012,
and January 1, 2014.)

(d)

Findings and orders
In addition to complying with all other statutory and rule requirements applicable
to the hearing, The court must, in addition to any other determinations required by
law, make the following judicial findings and orders must be made and included
them in the written court documentation of the hearing:
(1)

Findings
(A)–(D) * * *
(E)

Whether the nonminor has an in-progress application pending for title
XVI Supplemental Security Income benefits, and if such an application
is pending so, whether it is in the nonminor’s best interests to continue
juvenile court jurisdiction until a final decision has been issued to
ensure that the nonminor receives continued assistance with the
application process;

(F)

Whether the nonminor has an in-progress application pending for
Special Immigrant Juvenile status or other applicable application for
legal residency immigration relief, and whether an active juvenile court
case is required for that application;

(G)–(K) * * *
(L)

Whether the nonminor’s:
(i)

***

(ii)

Transitional Independent Living Plan identifies the nonminor’s
level of functioning, emancipation goals, and the specific skills
he or she needsed to prepare to live independently for
independence and successful adulthood upon leaving foster care;
and

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

(iii) * * *
(M) For a nonminor who is not present does not appear in person or by
telephone for the hearing, whether the reason for his or her failure to
appear was:

(N)
(2)

(i)

The nonminor’s expressed a wish to not to appear in court for the
scheduled hearing; or

(ii)

The nonminor’s current location remains unknown although and,
if so, whether reasonable efforts were made to locate find the
nonminor.

***

Orders
(A)–(B) * * *
(C)

For a nonminor who does not meet and does not intend to meet the
eligibility requirements for nonminor dependent status but who is
otherwise eligible to and will remain under juvenile court jurisdiction
in a foster care placement, the court must set an appropriate statutory
review hearing under section 366.21, 366.22, 366.25, 366.3, 727.2, or
727.3 within six months of the date of the nonminor’s most recent
status review hearing.

(D)

***

(E)

For a nonminor (1) who does not meet one or more of the eligibility
criteria of section 11403(b) and is not otherwise eligible to remain
under juvenile court jurisdiction, (2) who does or, alternatively, who
meets one or more of the eligibility criteria of section 11403(b) but
either does not wish to remain under the jurisdiction of the juvenile
court as a nonminor dependent, or (3) who does meet one or more of
the eligibility criteria of section 11403(b) but or is not participating in a
reasonable and appropriate Transitional Independent Living Case Plan,
the court may order the termination of juvenile court jurisdiction only
after entering the following findings and orders:
(i)–(ii) * * *

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41

(iii) The nonminor was informed that if juvenile court jurisdiction is
terminated, he or she has the right to file a request to return to
foster care and to file a request to have the juvenile court resume
jurisdiction over him or her as a nonminor dependent until he or
she has attained the age of reached 21 years of age;
(iv)–(vi) * * *
(F)

***

(Subd (d) amended effective January 1, 2017; previously amended effective July 1, 2012,
July 1, 2013, January 1, 2014, and January 1, 2016.)
Rule 5.555 amended effective January 1, 2017; adopted effective January 1, 2012; previously
amended effective July 1, 2012, July 1, 2013, January 1, 2014, and January 1, 2016.

Rule 5.610. Transfer-out hearing
(a)

***

(b)

Verification of residence
The residence of the person entitled to physical custody may be verified by that
person in court or by declaration of a social worker or probation officer in the
transferring or receiving county.
(Subd (b) amended effective January 1, 2017; previously amended effective January 1,
2004, and January 1, 2007.)

(c)–(d) * * *
(e)

Conduct of hearing
(1)

The request for transfer must be made on Motion for Transfer Out (form JV548), which must include all required information.

(2)

After the court determines the identity and residence of the child’s custodian,
the court must consider whether transfer of the case would be in the child’s
best interest. The court may not transfer the case unless it determines that the
transfer will protect or further the child’s best interest.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(Subd (e) amended effective January 1, 2017; repealed and adopted effective January 1,
1990; previously amended effective January 1, 1993, January 1, 2004, and January 1,
2007.)

(f)

Date of transfer-in hearing
(1)

If the transfer-out motion is granted, the sending court must set a date certain
for the transfer-in hearing in the receiving court: within 5 court days of the
transfer-out order if the child is in custody, and within 10 court days of the
transfer-out order if the child is out of custody. The sending court must state
on the record the date, time, and location of the hearing in the receiving court.

(2)

The website for every court must include up-to-date contact information for
the court clerks handling dependency and delinquency matters, as well as upto-date information on when and where transfer-in hearings are held.

(Subd (f) adopted effective January 1, 2017.)

(f)(g) Order of transfer (§§ 377, 752)
The order of transfer must be entered on Juvenile Court Transfer-Out Orders (form
JV-550), which must include all required information and findings.
(Subd (g) amended and relettered effective January 1, 2017; repealed and adopted as subd
(f) effective January 1, 1990; previously amended effective January 1, 1993, January 1,
2004, and January 1, 2007.)

(g)(h) * * *
(Subd (h) relettered January 1, 2017; adopted as subd (g) effective January 1, 2007;
previously amended January 1, 2015.)

(h)(i) Transport of child and transmittal of documents (§§ 377, 752)
(1)

If the child is ordered transported in custody to the receiving county, the child
must be delivered to the receiving county within 7 court days at least two
business days before the transfer-in hearing, and the clerk of the court of the
transferring county must prepare a certified copy of the complete case file so
that it may be transported with the child to the court of the receiving county.

(2)

If the child is not ordered transported in custody, the clerk of the transferring
court must transmit to the clerk of the court of the receiving county within 10
five court days a certified copy of the complete case file.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

(3)

The file may be transferred electronically, if possible. A certified copy of the
complete case file is deemed an original.

(Subd (i) amended and relettered effective January 1, 2017; repealed and adopted as subd
(g); previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, and
January 1, 2004; previously amended and relettered as subd (h) effective January 1,
2007.)

(i)(j) * * *
(Subd (j) relettered effective January 1, 2017; repealed and adopted as subd (h);
previously amended effective January 1, 1992, and January 1, 2004; previously amended
and relettered as subd (i) effective January 1, 2007.)
Rule 5.610 amended effective January 1, 2017; adopted as rule 1425 effective January 1, 1990;
previously amended and renumbered effective January 1, 2007; previously amended effective
January 1, 1992, January 1, 1993, July 1, 1999, January 1, 2004, and January 1, 2015.
Advisory Committee Comment
***
Juvenile Court Transfer-Out Orders (form JV-550) was adopted for mandatory use commencing
January 1, 1992. Although the finding regarding the best interest of the child was noted on the
original form, the language has been emphasized on the amended form.

Rule 5.612. Transfer-in hearing
(a)

Procedure on transfer (§§ 378, 753)
(1)

On receipt and filing of a certified copy of a transfer order, the receiving
court must accept jurisdiction of the case. The receiving court may not reject
the case. The clerk of the receiving court must immediately place the
transferred case on the court calendar for a transfer-in hearing confirm the
transfer-in hearing date scheduled by the sending court and ensure that date is
on the receiving court’s calendar. The receiving court must notify the
transferring court on receipt a

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Aca%3Aefa98c919cbf6e71. Public record. Not legal advice.