California Rules of Court -- changes effective January 1, 2012

noreply@blogger.com (Jay Taylor) — Sat, 17 Dec 2011 19:54:00 +0000

Here you go. Please glance through the following list of changes to the California Rules of Court effective January 1, 2012.

For additional background on these changes, please visit here and locate the December 13, 2011, agenda and meeting materials.

Rule 5.405. Judgment checklists................................................................................ 2

Rule 5.407. Review of judgments based on default and uncontested judgments
submitted by declaration under Family Code section 2336..................................... 2

Rule 5.409. Default and uncontested hearings on judgments submitted on
the basis of declarations under Family Code section 2336....................................... 2

Rule 8.70. Purpose, application, construction, and definitions................................... 3

Rule 8.79. Actions by court on receipt of electronic filing......................................... 3

Rule 8.401. Confidentiality........................................................................................ 4

Rule 10.452. Minimum education requirements, expectations, and
recommendations...................................................................................................... 5

Rule 10.461. Minimum education requirements for Supreme Court and
Court of Appeal justices........................................................................................... 6

Rule 10.462. Minimum education requirements and expectations for
trial court judges and subordinate judicial officers.................................................. 7

Rule 10.468. Content-based and hours-based education for superior court
judges and subordinate judicial officers regularly assigned to hear
probate proceedings.................................................................................................. 9

Rule 10.469. Judicial education recommendations for justices, judges,
and subordinate judicial officers............................................................................ 10

Rule 10.471. Minimum education requirements for Supreme Court and
Court of Appeal clerk/administrators..................................................................... 11

Rule 10.472. Minimum education requirements for Supreme Court and
Court of Appeal managing attorneys, supervisors, and other personnel................ 11

Rule 10.473. Minimum education requirements for trial court executive
officers.................................................................................................................... 13

Rule 10.474. Trial court managers, supervisors, and other personnel....................... 13

Rule 10.478. Content-based and hours-based education for court investigators,
probate attorneys, and probate examiners.............................................................. 14

Rule 10.481. Approved providers; approved course criteria.................................... 16

Rule 10.491. Minimum education requirements for Administrative Office
of the Courts executives, managers, supervisors, and other employees................. 19

Rule 5.405. Judgment checklists

The Judgment Checklist—Dissolution/Legal Separation (form FL-182) lists the forms that courts may require to complete a judgment based on default or uncontested judgment in dissolution or legal separation cases based on a declaration under Family Code section 2336. The court may not require any additional forms or attachments.

Rule 5.405 adopted effective January 1, 2012.

Rule 5.407. Review of judgments based on default and uncontested judgments submitted by declaration under Family Code section 2336

Once a valid proof of service of summons has been filed with the court or respondent has made a general appearance in the case:

(a) Court review

The court must conduct a procedural review all the documents submitted for judgment based on default or uncontested judgments submitted under Family Code section 2336 and notify the attorneys or self-represented litigants who submitted them of all identified defects.

(b) Notice of errors and omissions

Basic information for correction of the defects must be included in any notification to attorneys or self-represented litigants made under (a).

Rule 5.407 adopted effective January 1, 2012.

Rule 5.409. Default and uncontested hearings on judgments submitted on the basis of declarations under Family Code section 2336

The decision to hold a hearing in a case in which a judgment has been submitted on the basis of a declaration under Family Code section 2336 should be made on a case-by-case basis at the discretion of the court or request of a party. Courts must allow judgments in default and uncontested cases to be submitted by declaration pursuant to section 2336 and must not require that a hearing be conducted in all such cases.

Rule 5.409 adopted effective January 1, 2012.

Article 4. E-filing Pilot Project in Second Appellate District

Division 1. Rules Relating to the Supreme Court and Courts of Appeal– Chapter 1. General Provisions–Article 4. E-filing amended effective January 1, 2012.

Rule 8.70. Purpose, application, construction, and definitions

(a) Purpose

The purpose of the rules in this article is to facilitate the implementation and testing of an e-filing projects in the Supreme Court and the Courts of Appeal, Second Appellate District.

(Subd (a) amended effective January 1, 2012.)

(b) Application

Notwithstanding any other rules to the contrary, the rules in this article govern filing and service by electronic means in the Supreme Court and the any Court of Appeal, Second Appellate District that elects to implement an e-filing project.

(Subd (b) amended effective January 1, 2012.)

(c) ***

(d) Definitions

As used in this article, unless the context otherwise requires:

(1) “The court” is means the Supreme Court or any the Court of Appeal, Second Appellate District that elects to implement an e-filing project.

(2)–(9) * * *

(Subd (d) amended effective January 1, 2012; adopted effective January 1, 2011.)

Rule 8.70 amended effective January 1, 2012; adopted effective July 1, 2010; previously amended effective January 1, 2011.

Rule 8.79. Actions by court on receipt of electronic filing

(a)—(d) ***

(e) Endorsement

(1) The court’s endorsement of a document electronically filed must contain the following: “Electronically filed by California Court of Appeal, Second Appellate District [Name of Court], on _____ (date),” followed by the name of the court clerk.

(2)–(3) ***

(Subd (e) amended effective January 1, 2012.)

Rule 8.79 amended effective January 1, 2012; adopted effective July 1, 2010; previously amended effective January 1, 2011.

Rule 8.401. Confidentiality

(a) References to juveniles or relatives in documents

To protect the anonymity of juveniles involved in juvenile court proceedings:

(1) In all documents filed by the parties in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

(2) In opinions that are not certified for publication and in court orders, a juvenile may be referred to either by first name and last initial or by his or her initials. In opinions that are certified for publication in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

(3) In all documents filed by the parties and in all court orders and opinions in proceedings under this chapter, if use of the full name of a juvenile’s relative would defeat the objective of anonymity for the juvenile, the relative must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity for the juvenile, the initials of the relative may be used.

(Subd (a) adopted effective January 1, 2012.)

(a)(b) Access to filed documents

(1) Except as provided in (3)(2), the record on appeal and documents filed by the parties in proceedings under this chapter may be inspected only by the reviewing court and appellate project personnel, the parties or their attorneys, and other persons the court may designate.

(2) To protect anonymity, a party must be referred to by first name and last initial in all filed documents and court orders and opinions; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the party’s initials may be used.

(3)(2) Filed documents that protect anonymity as required by (2)(a) may be inspected by any person or entity that is considering filing an amicus curiae brief.

(Subd (b) relettered and amended effective January 1, 2012; adopted as subd (a).)

(b)(c) ***

(Subd (c) relettered effective January 1, 2012; adopted as subd (b).)

Rule 8.401 amended effective January 1, 2012; adopted effective July 1, 2010.

Rule 10.452. Minimum education requirements, expectations, and recommendations

(a)–(b) ***

(c) Relationship of minimum education requirements and expectations to education recommendations

The education requirements and expectations set forth in rules 10.461–10.462 and 10.471–10.474 are minimums. Justices, judges, and subordinate judicial officers should participate in more judicial education than is required and expected, related to each individual’s responsibilities and particular judicial assignment or assignments and in accordance with the judicial education recommendations set forth in rule 10.469. Additional education requirements related to the specific responsibilities of hearing family law matters are set forth in rule 10.463Clerk/administrators, court executive officers, and other court personnel should participate in more education than is required, related to each individual's responsibilities and in accordance with the education recommendations set forth in rule 10.479. (for those hearing family law matters), rule 10.464 (for those hearing domestic violence issues), and rule 10.468 (for those hearing probate proceedings).

(Subd (c) amended effective January 1, 2012; previously amended effective January 1, 2008.)

(d)–(g) ***

Rule 10.452 amended effective January 1, 2012; adopted effective January 1, 2007; previously amended effective January 1, 2008.

Rule 10.461. Minimum education requirements for Supreme Court and Court of Appeal justices

(a) ***

(b) Content-based requirement

Each new Court of Appeal justice, within two years of confirmation of appointment, must attend a new appellate judge justice orientation program sponsored by a national provider of appellate orientation programs or by the Administrative Office of the Courts’ Education Division/Center for Judicial Education and Research.

(Subd (b) amended effective January 1, 2012; adopted as unlettered subd effective January 1, 2007; previously amended and lettered effective January 1, 2008.)

(c) Hours-based continuing education

(1) ***

(2) The following education applies toward the required 30 hours of continuing judicial education:

(A) Any education offered by an approved provider ~~listed in~~ (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory or other education requirement, approved by the Chief Justice or the administrative presiding justice as meeting the criteria listed in rule 10.481(b).

(B)–(C) ***

(Subd (c) amended effective January 1, 2012; adopted effective January 1, 2008.)

(d)–(e) ***

Rule 10.461 amended effective January 1, 2012; adopted effective January 1, 2007; previously amended effective January 1, 2008, and August 15, 2008.

Rule 10.462. Minimum education requirements and expectations for trial court judges and subordinate judicial officers

(a) Applicability

All California trial court judges must complete the minimum judicial education requirements for new judges under (c)(1) and are expected to participate in continuing education as outlined under (d). All subordinate judicial officers must complete the minimum education requirements for new subordinate judicial officers under (c)(1) and for continuing education as outlined under (d). All trial court judges and subordinate judicial officers who hear family law matters must complete additional education requirements set forth in rule 10.463. All trial court judges and subordinate judicial officers who hear certain types of matters must participate in education on domestic violence issues as provided in rule 10.464. All trial court judges and subordinate judicial officers regularly assigned to hear probate proceedings must complete additional education requirements set forth in rule 10.468. All trial court judges and subordinate judicial officers should participate in more judicial education than is required and expected, related to each individual’s responsibilities and particular judicial assignment or assignments and in accordance with the judicial education recommendations set forth in rule 10.469.

(Subd (a) amended effective January 1, 2012; previously amended effective January 1, 2008.)

(b) ***

(c) Content-based requirements

(1) Each new trial court judge and subordinate judicial officer must complete the “new judge education” provided by the Administrative Office of the Courts’ Education Division/Center for Judicial Education and Research (CJER) as follows:

(A)–(B) ***

(C) The B. E. Witkin Judicial College of California within two years of taking the oath as a judge or subordinate judicial officer For purposes of the New Judge Orientation Program, a judge or subordinate judicial officer is considered "new" only once, and any judge or subordinate judicial officer who has completed the New Judge Orientation Program, as required under this rule or under former rule 970, is not required to complete the program again. A judge or subordinate judicial officer who was appointed, elected, or hired before rule 970 was adopted on January 1, 1996, is not required to complete the program., unless the new judge completed the Judicial College as a new subordinate judicial officer, in which case the presiding judge may determine whether the new judge must complete it again.

(2) Each new judge beginning a supervising judge role is expected to complete the following education, unless he or she is returning to a similar supervising judge role after less than two years in another assignment or is beginning a supervising judge role less than two years after serving in the presiding judge role and completing the Presiding Judges Orientation and Court Management Program.

(A)–(C) ***

(3) Each judge beginning a new presiding judge role is expected to complete CJER’s Presiding Judges Orientation and Court Management Program within one year of beginning the presiding judge role, preferably before beginning the role unless he or she is returning to a presiding judge role after two years or less in another role or assignment.

(4) ***

(Subd (c) amended effective January 1, 2012; previously amended effective January 1, 2008, and July 1, 2008.)

(d) Hours-based continuing education

(1) Each judge is expected to and each subordinate judicial officer must complete 30 hours of continuing judicial education every three years, beginning on the dates outlined:

(A) A new judge or new subordinate judicial officer enters the three-year continuing education period on January 1 of the year following the period provided for completion of the required new judge education; continuing education expectations for judges and requirements for subordinate judicial officers are prorated based on the number of years remaining in the three-year period.

(B) For all other judges and subordinate judicial officers, the first three-year period begins on January 1, 2007.

(2) The following education applies toward the expected or required 30 hours of continuing judicial education:

(A) The content-based courses under (c)(2), (3), and (4) for a new supervising judge, a new presiding judge, and a judge or subordinate judicial officer beginning a new primary assignment (the “new judge education” required under (c)(1) does not apply); and

(B) Any other education offered by an approved provider ~~listed in~~ (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory or other education requirement, approved by the presiding judge as meeting the criteria listed in rule 10.481(b).

(3)–(5) ***

(Subd (d) amended effective January 1, 2012; previously amended effective January 1, 2008.)

(e)–(g) ***

Rule 10.462 amended effective January 1, 2012; adopted effective January 1, 2007; previously amended effective January 1, 2008, July 1, 2008, and August 15, 2008.

Rule 10.468. Content-based and hours-based education for superior court judges and subordinate judicial officers regularly assigned to hear probate proceedings

(a)–(b) ***

(c) Hours-based continuing education

(1)–(2) ***

(3) The first continuing education period for judicial officers who were regularly assigned to hear probate proceedings before the effective date of this rule and who continue in the assignment after that date is two years, from January 1, 2008, through December 31, 2009, rather than three years. The continuing education requirements in (1) are prorated for the first continuing education period under this paragraph. The first full three-year period of continuing education for judicial officers under this paragraph begins on January 1, 2010.

(4)–(5) ***

(6) A judicial officer may fulfill the education requirement in (1) or (2) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a)), or a provider education approved by the judicial officer’s presiding judge as meeting the education criteria specified in rule 10.481(b).

(7) The education required in (1) or (2) may be by traditional (live, face-to-face) or distance learning means, such as broadcasts, videoconferences, or online coursework, but may not be by self-study.

(8) A judicial officer who serves as faculty for a California court-based audience, as defined in rule 10.462(d)(4), for education required in (1) or (2) may be credited with three hours of participation for each hour of presentation the first time a course is given and two hours for each hour of presentation each subsequent time the course is given.

(Subd (c) amended effective January 1, 2012.)

(d)–(e) ***

Rule 10.468 amended effective January 1, 2012; adopted effective January 1, 2008.

Rule 10.469. Judicial education recommendations for justices, judges, and subordinate judicial officers

(a) Judicial education recommendations generally

Each justice, judge and subordinate judicial officer, as part of his or her continuing judicial education, should regularly participate in educational activities related to his or her responsibilities and particular judicial assignment or assignments. Minimum education requirements and expectations related to judicial responsibilities and assignments are set forth in rules 10.461–10.462. Additional education requirements related to the specific responsibility responsibilities of hearing family law matters are set forth in rule 10.463 (for those hearing family law matters), rule 10.464 (for those hearing domestic violence issues), and rule 10.468 (for those hearing probate proceedings). The following recommendations illustrate for some specific responsibilities and assignments how justices, judges, and subordinate judicial officers should participate in more judicial education than is required and expected.

(Subd (a) amended effective January 1, 2012.)

(b) Jury trial assignment

Each judge or subordinate judicial officer assigned to jury trials should regularly use the Administrative Office of the Courts’ Education Division/CJER Center for Judicial Education and Research (CJER) educational materials or other appropriate materials and should regularly complete CJER or other appropriate educational programs devoted to the conduct of jury voir dire and the treatment of jurors.

(Subd (b) amended effective January 1, 2012.)

(c)–(e) ***

Rule 10.469 amended effective January 1, 2012; adopted effective January 1, 2008.

Rule 10.471. Minimum education requirements for Supreme Court and Court of Appeal clerk/administrators

(a) ***

(b) Hours-based requirement

(1) ***

(2) The following education applies toward the required 30 hours of continuing education:

(A) Any education offered by an an approved provider ~~listed in~~ (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory or other education requirement, approved by the Chief Justice or the administrative presiding justice as meeting the criteria listed in rule 10.481(b).

(B)–(C) ***

(Subd (b) amended effective January 1, 2012.)

(c)–(d) ***

Rule 10.471 amended effective January 1, 2012; adopted effective January 1, 2008.

Rule 10.472. Minimum education requirements for Supreme Court and Court of Appeal managing attorneys, supervisors, and other personnel

(a)–(b) ***

(c) Hours-based requirements

(1)–(3) ***

(4) Any education offered by an approved provider listed in (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory, rules-based, or other education requirement, that is approved by the clerk/administrator, the managing attorney, or the employee’s supervisor as meeting the criteria listed in rule 10.481(b) applies toward the orientation education required under (b) and the continuing education required under (c)(1) and (2).

(5) Each hour of participation in traditional (live, face-to-face) education; distance education such as broadcasts, and videoconferences courses, online coursework; and faculty service counts toward the requirement on an hour-for-hour basis. Each managing attorney, supervisor, and other employee must complete at least half of his or her continuing education hours requirement as a participant in traditional (live, face-to-face) education. The managing attorney, supervisor, or other employee may complete the balance of his or her education hours requirement through any other means with no limitation on any particular type of education. The hours applied for participation in online coursework are limited to a total of 4 hours for managers, supervisors, and appellate judicial attorneys and to a total of 3 hours for other personnel in each two-year period; these limits are prorated for individuals who enter the two-year period after it has begun. Self-directed study is encouraged for professional development but does not apply toward the required hours.

(6) A managing attorney, supervisor, or other employee who serves as faculty by teaching legal or judicial education for a legal or judicial audience for a California court-based audience (i.e., justices, judges, subordinate judicial officers, temporary judges, or court personnel) may apply education the following hours for the of faculty service. 3 hours for each hour of presentation the first time a given course is presented and 2 hours for each hour of presentation each subsequent time that the course if presented. The hours applied for faculty service are limited to 6 hours for managers, supervisors, and appellate judicial attorneys and to 4 hours for other personnel in each two year period; these limits are prorated for individuals who enter the two-year period after it has begun. Credit for faculty service counts toward the continuing education requirement in the same manner as all other types of education—on an hour-for-hour basis.

(Subd (c) amended effective January 1, 2012.)

(d)–(e) ***

Rule 10.472 amended effective January 1, 2012; adopted effective January 1, 2008.

Rule 10.473. Minimum education requirements for trial court executive officers

(a)–(b) ***

(c) Hours-based requirement

***

(2) The following education applies toward the required 30 hours of continuing education:

(A) Any education offered by an approved provider ~~listed in~~ (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory or other education requirement, approved by the presiding judge as meeting the criteria listed in rule 10.481(b).

(B)–(C) ***

(Subd (c) amended effective January 1, 2012; previously amended effective January 1, 2008, and January 1, 2011.)

(d)–(e) ***

Rule 10.473 amended effective January 1, 2012; adopted as rule 10.463 effective January 1, 2007; previously amended and renumbered effective January 1, 2008; previously amended effective January 1, 2011.

Rule 10.474. Trial court managers, supervisors, and other personnel

(a)–(b) ***

(c) Hours-based requirements

(1)–(3) ***

(4) Any education offered by an approved provider listed in (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory, rules-based, or other education requirement, that is approved by the executive officer or the employee’s supervisor as meeting the criteria listed in rule 10.481(b) applies toward the orientation education required under (b) and the continuing education required under (c)(1) and (2).

(5)–(7) ***

(Subd (c) amended effective January 1, 2012; previously amended effective January 1, 2008.)

(d)–(e) ***

Rule 10.474 amended effective January 1, 2012; adopted as rule 10.464 effective January 1, 2007; previously amended and renumbered effective January 1, 2008.

Rule 10.478. Content-based and hours-based education for court investigators, probate attorneys, and probate examiners

(a) ***

(b) Content-based requirements for court investigators

(1) ***

(2) A court investigator may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the court investigator’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (b) amended effective January 1, 2012.)

(c) Content-based education for probate attorneys

(1) ***

(2) A probate attorney may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the probate attorney’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (c) amended effective January 1, 2012.)

(d) Content-based education for probate examiners

(1) ***

(2) A probate examiner may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the probate examiner’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (d) amended effective January 1, 2012.)

(e) Hours-based education for court investigators

(1) ***

(2) A court investigator may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the court investigator’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (e) amended effective January 1, 2012.)

(f) Hours-based education for probate attorneys

(1) ***

(2) A probate attorney may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the probate attorney’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (f) amended effective January 1, 2012.)

(g) Hours-based education for probate examiners

(1) ***

(2) A probate examiner may fulfill the education requirement in (1) through AOC-sponsored education, an approved provider listed in (see rule 10.481(a), or a provider education approved by the court executive officer or the probate examiner’s supervisor as meeting the education criteria specified in rule 10.481(b).

(3)–(4) ***

(Subd (g) amended effective January 1, 2012.)

(h)–(i) ***

Rule 10.478 amended effective January 1, 2012; adopted effective January 1, 2008.

Rule 10.481. Approved providers; approved course criteria

(a) Approved providers

The Administrative Office of the Courts’ Education Division/CJER is responsible for maintaining a current list of approved providers. The list of approved providers must include the Administrative Office of the Courts, the California Judges Association, and all California state courts and should include other reputable national and state organizations that regularly offer education directed to justices, judges, and court personnel. The director of the Education Division/CJER may add or remove organizations from the list of approved providers as appropriate according to these criteria. Any education program offered by any of the following approved providers that is relevant to the work of the courts or enhances the individual participant’s ability to perform his or her job may be applied toward the education requirements and expectations stated in rules 10.461–10.479, except for the requirements stated in rules 10.461(b), 10.462(c), and 10.473(b), for which specific providers are required:.

(1) California Administrative Office of the Courts;

(2) California Judges Association;

(3) Supreme Court of California;

(4) California Courts of Appeal;

(5) Superior Courts of California;

(6) State Bar of California;

(7) National Judicial College;

(8) National Center for State Courts;

(9) National Council of Juvenile and Family Court Judges;

(10) National Association of Women Judges;

(11) American Bar Association;

(12) National Association for Court Management;

(13) American Judges Association;

(14) American Academy of Judicial Education;

(15) Dwight D. Opperman Institute of Judicial Administration;

(16) National Institute of Justice;

(17) Law schools accredited by the American Bar Association;

(18) Accredited colleges and universities;

(19) Continuing Education of the Bar – California;

(20) Local California bar associations;

(21) California Court Association;

(22) Superior Court Clerks’ Association of the State of California;

(23) Council of Chief Judges of Courts of Appeal;

(24) Roscoe Pound Institute, Annual Forum for State Appellate Court Judges;

(25) National Conference of Appellate Court Clerks;

(26) AEI – Brookings Joint Center;

(27) The Rutter Group;

(28) American Board of Trial Advocates; and

(29) California Association of Superior Court Investigators.

(Subd (a) amended effective January 1, 2012; previously amended effective January 1, 2008.)

(b) Approved education criteria

Education is not limited to the approved providers referred to listed in (a). Any education from another a provider not listed in (a) that is approved by the Chief Justice, the administrative presiding justice, or the presiding judge as meeting the criteria listed below may be applied toward the continuing education expectations and requirements for justices, judges, and subordinate judicial officers or requirements for clerk/administrators or court executive officers. Similarly, any education from another a provider not listed in (a) that is approved by the clerk/administrator, the court executive officer, or the employee’s supervisor as meeting the criteria listed below may be applied toward the orientation or continuing education requirements for managers, supervisors, and other employees or the content-based or continuing education requirements for probate court investigators, probate attorneys, and probate examiners in rule 10.478.

(1)–(2) ***

(Subd (b) amended effective January 1, 2012; previously amended effective January 1, 2008.)

Rule 10.481 amended effective January 1, 2012; adopted as rule 10.471 effective January 1, 2007; previously amended and renumbered effective January 1, 2008.

Advisory Committee Comment

Subdivision (b). The director of the Education Division/CJER is available to assist those authorized to approve a request to apply education offered by a non-approved provider in determining whether the education meets the listed criteria.

Rule 10.491. Minimum education requirements for Administrative Office of the Courts executives, managers, supervisors, and other employees

(a)–(b) ***

(c) Hours-based requirements

(1)–(3) ***

(4) The first two-year period begins on January 1, 2008. The orientation courses and the compliance courses required for new managers, supervisors, and other employees under (b) do not apply toward the required hours of continuing education. Each new executive enters the two-year continuing education period on the first day of the quarter following his or her appointment, and each new manager, supervisor, and employee enters the two-year continuing education period on the first day of the quarter following the six-month period provided for his or her completion of the orientation courses and the compliance courses required under (b); the quarters begin on January 1, April 1, July 1, and October 1. Each executive, manager, supervisor, or employee who enters the two-year continuing education period after it has begun must complete a prorated number of continuing education hours for that two-year period, based on the number of quarters remaining in it.

(5) Any education offered by an approved provider listed in (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory, rules-based, or other education requirement, that is approved by the employee’s supervisor as meeting the criteria listed in rule 10.481(b) applies toward the continuing education required under (c)(1)–(3).

(6) Each hour of participation in traditional (live, face-to-face) education; distance education such as broadcasts, and videoconference courses, and online coursework; and faculty service counts toward the requirement on an hour-for-hour basis. Each executive, manager, supervisor, and employee must complete at least half of his or her continuing education hours requirement as a participant in traditional (live, face-to-face) education. The individual may complete the balance of his or her education hours requirement through any other means with no limitation on any particular type of education. The hours applied for participation in online coursework and self-directed study are limited to a total of 10 hours for executives, 6 hours for managers and supervisors, and 4 hours for other employees in each two-year period; these limits are prorated for individuals who enter the two-year period after it has begun.

(7) An executive, manager, supervisor, or employee who serves as faculty by teaching legal or judicial education to a legal or judicial audience courses at the AOC or on behalf of the AOC at another location may apply education the following hours of as faculty service. Credit for faculty service counts toward the continuing education requirement in the same manner as all other types of education—on an hour-for-hour basis. :3 hours for each hour of presentation the first time a given course is presented and 2 hours for each hour of presentation each subsequent time that the course is presented. The hours applied for faculty service are limited to 15 hours for executives, 9 hours for managers and supervisors, and 6 hours for other personnel in each two year period; these limits are prorated for individuals who enter the two-year continuing education period after it has begun.

(8) ***

(Subd (c) amended effective January 1, 2012.)

(d) ***

(e) Records of participation

(1) An employee's completion of any course listed in the learning management system Human Resources Education Management System (HREMS) is automatically tracked in HREMS.

(2) An employee's completion of specified online training is automatically tracked as well in HREMS.

(3) Each employee is responsible for tracking completion of any training that is not automatically tracked in the learning management system HREMS. After completion of the training, the employee must enter it in the employee's individual record in the learning management system HREMS.

(Subd (e) amended effective January 1, 2012.)

(f) ***

Rule 10.491 amended effective January 1, 2012; adopted effective January 1, 2008; previously amended effective July 1, 2008.

Don't forget to resolve to take on only good cases for 2012. Merry Christmas; Happy Holidays; and, Happy New Year.

Jay

California Mandatory Court Forms - Changes in 2012

noreply@blogger.com (Jay Taylor) — Thu, 15 Dec 2011 02:54:00 +0000

New and Revised California Court Form Changes for 2012

Here is a listing of the COMING SOON changes to the California

Court forms. I hope this post gives you a head's up for what you

will need to be ready for in 2012.

Civil

CIV-120 Rev. 1 side Notice Of Entry Of Dismissal And Proof Of Service

Decedents Estates

DE-305*	Rev.	2 sides	Affidavit re Real Property of Small Value ($50,000 or less) (Probate)
DE-310*	Rev.	2 sides	Petition To Determine Sucession To Real Property (Estates of $150,000 or less)
DE-315*	Rev.	1 side	Order Determining Succession To Real Property (Estates Of $150,000 Or Less)

Family Law

FL-103* Rev. 2 sides Petition—Domestic Partnership/Marriage

FL-123* Rev. 2 sides Response—Domestic Partnership/Marriage

FL-800* Rev. 2 sides Joint Petition for Summary Dissolution of Marriage

FL-810* Rev. 22 sides Summary Dissolution Information

FL-820* Rev. 2 sides Request For Judgment, Judgment Of Dissolution of Marriage, And

Notice Of Entry Of Judgment

FL-825* New 2 sides Judgment Of Dissolution And Notice Of Entry Of Judgment

FL-830* Rev. 1 side Notice Of Revocation Of Joint Petition For Summary Dissolution

FL-910 Rev. 1 side Request of Minor to Marry or Establish a Domestic Partnership

FL-915 Rev. 1 side Order on Request of Minor to Marry or Establish a Domestic

Partnership

Name Change

NC-200* Rev. 2 sides Petition For Change Of Name And Gender

NC-210/NC-310 Rev. 1 side Declaration Of Physician—Attachment To Petition

NC-220* Rev. 1 side Order To Show Cause For Change Of Name

NC-300 Rev. 2 sides Petition for Change of Gender and Issuance of New Birth Certificate

NC-320 Rev. 1 side Notice of Hearing on Petition for Change of Gender and Issuance of

New Birth Certificate

NC-330 Rev. 1 side Order For Change Of Gender And Issuance Of New Birth Certificate

Domestic Violence

DV-100* Rev. 5 sides Request for Domestic Violence Restraining Order

School Violence Prevention

SV-115* Rev. 1 side Request to Continue Court Hearing and to Reissue Temporary

Restraining Order

Wage Garnishment

WG-003*	Rev.	2 sides	Employee Instructions (Wage Garnishment)
WG-009	Rev.	1 side	Notice Of Opposition To Claim Of Exemption

Workplace Violence Prevention

WV-115* Rev. 1 side Request to Continue Court Hearing and to Reissue Temporary

Restraining Order

Family Law

FL-170* Rev. 3 sides Declaration For Default Or Uncontested Dissolution Or Legal

Separation

FL-180* Rev. 2 sides Judgment

FL-182 New 3 sides Judgment Checklist-Dissolution/Legal Separation

FL-341 Rev. 3 sides Child Custody And Visitation (Parenting Time) Order Attachment

FL-342* Rev. 3 sides Child Support Information and Order Attachment

FL-343 Rev. 2 sides Spousal, Partner, Or Family Support Order Attachment

For more information go to the California Courts website.

Law Library

California Rules of Court -- changes effective January 1, 2012

(a) Court review

The court must conduct a procedural review all the documents submitted for judgment based on default or uncontested judgments submitted under Family Code section 2336 and notify the attorneys or self-represented litigants who submitted them of all identified defects.

(b) Notice of errors and omissions

Basic information for correction of the defects must be included in any notification to attorneys or self-represented litigants made under (a).

Article 4. E-filing Pilot Project in Second Appellate District

Division 1. Rules Relating to the Supreme Court and Courts of Appeal– Chapter 1. General Provisions–Article 4. E-filing amended effective January 1, 2012.

(a) Purpose

The purpose of the rules in this article is to facilitate the implementation and testing of an e-filing projects in the Supreme Court and the Courts of Appeal, Second Appellate District.

(b) Application

Notwithstanding any other rules to the contrary, the rules in this article govern filing and service by electronic means in the Supreme Court and the any Court of Appeal, Second Appellate District that elects to implement an e-filing project.

(c) ***

(d) Definitions

As used in this article, unless the context otherwise requires:

(1) “The court” is means the Supreme Court or any the Court of Appeal, Second Appellate District that elects to implement an e-filing project.

(2)–(9) * * *

(a)—(d) ***

(e) Endorsement

(1) The court’s endorsement of a document electronically filed must contain the following: “Electronically filed by California Court of Appeal, Second Appellate District [Name of Court], on _____ (date),” followed by the name of the court clerk.

(2)–(3) ***

(a) References to juveniles or relatives in documents

To protect the anonymity of juveniles involved in juvenile court proceedings:

(1) In all documents filed by the parties in proceedings under this chapter, a juvenile must be referred to by first name and last initial; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the initials of the juvenile may be used.

(a)(b) Access to filed documents

(1) Except as provided in (3)(2), the record on appeal and documents filed by the parties in proceedings under this chapter may be inspected only by the reviewing court and appellate project personnel, the parties or their attorneys, and other persons the court may designate.

(2) To protect anonymity, a party must be referred to by first name and last initial in all filed documents and court orders and opinions; but if the first name is unusual or other circumstances would defeat the objective of anonymity, the party’s initials may be used.

(3)(2) Filed documents that protect anonymity as required by (2)(a) may be inspected by any person or entity that is considering filing an amicus curiae brief.

(b)(c) ***

(a)–(b) ***

(c) Relationship of minimum education requirements and expectations to education recommendations

(d)–(g) ***

(a) ***

(b) Content-based requirement

(c) Hours-based continuing education

(1) ***

(2) The following education applies toward the required 30 hours of continuing judicial education:

(d)–(e) ***

(a) Applicability

(b) ***

(c) Content-based requirements

(1) Each new trial court judge and subordinate judicial officer must complete the “new judge education” provided by the Administrative Office of the Courts’ Education Division/Center for Judicial Education and Research (CJER) as follows:

(4) ***

(d) Hours-based continuing education

(1) Each judge is expected to and each subordinate judicial officer must complete 30 hours of continuing judicial education every three years, beginning on the dates outlined:

(2) The following education applies toward the expected or required 30 hours of continuing judicial education:

(3)–(5) ***

(e)–(g) ***

(a)–(b) ***

(c) Hours-based continuing education

(1)–(2) ***

(4)–(5) ***

(7) The education required in (1) or (2) may be by traditional (live, face-to-face) or distance learning means, such as broadcasts, videoconferences, or online coursework, but may not be by self-study.

(d)–(e) ***

(a) Judicial education recommendations generally

(b) Jury trial assignment

(c)–(e) ***

(a) ***

(b) Hours-based requirement

(1) ***

(2) The following education applies toward the required 30 hours of continuing education:

(c)–(d) ***

(a)–(b) ***

(c) Hours-based requirements

(1)–(3) ***

(d)–(e) ***

(a)–(b) ***

(c) Hours-based requirement

***

(2) The following education applies toward the required 30 hours of continuing education:

(d)–(e) ***

(a)–(b) ***

(c) Hours-based requirements

(1)–(3) ***

(5)–(7) ***

(d)–(e) ***

(a) ***

(b) Content-based requirements for court investigators

(1) ***

(3)–(4) ***