Invitations to Comment

To implement recent legislation addressing firearm and ammunition relinquishment for
defendants subject to a criminal protective order and lengthening the time frame for certain
postconviction criminal protective orders, the Criminal Law Advisory Committee proposes
repealing a rule of court, revising three existing criminal protective order forms, and approving
four new forms and an information sheet. The committee also proposes adoption of a new
confidential California Law Enforcement Telecommunications System form for use with
criminal protective orders, and amending California Rules of Court, rule 1.51 to require
prosecuting agencies to use the form.

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The Appellate Advisory Committee proposes approving a new form for requesting extensions of
time to file a brief in misdemeanor and infraction appeals. This proposal originated with a
suggestion from the former Chief Justice’s Appellate Caseflow Workgroup and a committee
member.

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The Appellate Advisory Committee proposes updating the rules regarding oral argument in the
appellate division to reflect modern videoconferencing technology and facilitate remote
participation by both parties and appellate division judges. The current rules narrowly provide
for videoconferencing at different courts to accommodate appellate division judges who would
otherwise have to travel to attend oral argument in the same location. Parties are required to
appear in person at the court that issued the order or judgment being appealed unless a local rule
or appellate division order permits otherwise. This proposal would replace the videoconferencing
provisions with broader authorization for remote participation. The proposal originated with a
suggestion from a committee member.

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Authorization to Appear (form SC-109) implements Code of Civil Procedure section 116.540,
which allows others to appear in small claims court on behalf of the plaintiff or defendant in
certain circumstances. The Civil and Small Claims Advisory Committee proposes revising form
SC-109 to ensure it fully complies with section 116.540.

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Assembly Bill 1979 (Stats. 2024, ch. 557) creates a private cause of action against a person who
publishes private information about an individual on the internet (referred to as “doxing”). The
Civil and Small Claims Advisory Committee recommends revising one form to allow plaintiffs
in these cases to use a pseudonym, as required by law.

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The Civil and Small Claims Advisory Committee proposes amending the monetary limit in
California Rules of Court, rule 3.740, which governs collections cases, to match the current
jurisdictional limit for limited civil cases, which was recently raised by Senate Bill 71 (Stats.
2023, ch. 861) to $35,000 effective January 1, 2024. The committee also proposes amending the
rule’s time for service and default judgment provisions.

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Assembly Bill 2347 (Stats. 2024, ch. 512) changed the deadline to respond to a summons in
unlawful detainer proceedings and other summary proceedings for obtaining possession of real
property. Additionally, several statutes implemented to address the COVID-19 pandemic are
being repealed. The Civil and Small Claims Advisory Committee proposes revising five forms
and revoking 10 forms to implement these changes in law, as well as revising one unlawful
detainer form to refer to the federal CARES Act.

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Assembly Bill 2837 (Stats. 2024, ch. 514) made numerous changes to the laws regarding
enforcement of judgment, including a new requirement to verify the judgment debtor’s address
before the sheriff can serve papers related to enforcement of a judgment for personal debt;
changes to the start of the earnings withholding period; and new requirements for orders on
claims of exemption from enforcement of judgment. The Civil and Small Claims Advisory
Committee proposes adopting three forms and revising thirteen forms to implement AB 2837.

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The Civil and Small Claims Advisory Committee proposes amending California Rules of Court,
rule 3.764 to lengthen each of the briefing deadlines for motions to certify or decertify a class or
to amend or modify an order certifying a class. This proposal aims to address concerns that the
deadline for filing a reply provides insufficient time for courts to review the briefing prior to the
hearing. These concerns were raised by a superior court judge who regularly hears such motions.

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The Civil and Small Claims Advisory Committee and Court Executives Advisory Committee
jointly propose adding new case categories and case types to Civil Case Cover Sheet (form
CM-010). The addition of the comprehensive groundwater adjudication case type is to be
consistent with Code of Civil Procedure section 838(b) and the concurrent amendment to rule
3.400. The addition of the Asbestos and Employment Development Department (EDD) case
categories will fulfill new data reporting requirements in an upcoming version of the Judicial
Branch Statistical Information System (JBSIS) and eliminate manual data reporting by courts.

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The Civil and Small Claims Advisory Committee proposes amending the rule that designates
certain case types as provisionally complex to include comprehensive groundwater
adjudications, along with adopting a rule setting out the procedure by which the presiding judge
of the court of a county overlying the groundwater basin at issue can request that the Chair of the
Judicial Council assign a judge to adjudicate the dispute. These changes are to conform the rules
to Code of Civil Procedure section 838 (section 838).

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Recent legislation prohibits the possession of firearms, other deadly weapons, and ammunition
for a defendant participating in mental health diversion or military diversion if a court makes
specific findings that the defendant poses a significant danger of causing personal injury to
themselves or another and that a prohibition is necessary to prevent personal injury. The
prohibition remains in effect until the defendant has either successfully completed diversion or
has their firearms rights restored under Welfare and Institutions Code section 8103(g)(4).

The Criminal Law Advisory Committee proposes a new order form for optional use to assist
courts with making the appropriate findings and orders prohibiting a defendant from owning or
possessing firearms, other deadly weapons, and ammunition while on mental health or military
diversion. The initial request for a form memorializing the court’s findings came from the
Department of Justice, Division of Law Enforcement, Bureau of Firearms.

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Statutes on competency to stand trial in felony and misdemeanor cases were recently amended to
provide courts with additional treatment-based solutions for defendants found incompetent to
stand trial and to streamline mental competency proceedings.

The Criminal Law Advisory Committee proposes adopting California Rules of Court, rule 4.132,
amending rule 4.130, amending rule 4.131, and renumbering former rule 4.131 as new rule 4.133
to implement these legislative changes, as well as additional amendments to clarify procedures,
remove language duplicative of statute, and improve organization, clarity, and concision.

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In In re Humphrey (2021) 11 Cal.5th 135, the Supreme Court held that conditioning pretrial
release from custody solely on whether an arrestee can afford bail is unconstitutional and
articulated a framework for bail determinations based on public and victim safety. To assist
courts with making and recording the appropriate findings and orders for pretrial release as
articulated in In re Humphrey and the California Constitution, the Criminal Law Advisory
Committee proposes a new form for optional use.

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To implement Senate Bill 1427 (Stats. 2024, ch. 190), the Family and Juvenile Law Advisory
Committee proposes that the Judicial Council amend four rules of court, adopt three mandatory
forms, and approve two optional forms. Effective January 1, 2026, SB 1427 authorizes parties
who do not qualify to use the current summary dissolution process to file a joint summons and a
joint petition to ask the court for a dissolution of the marriage or domestic partnership or for a
legal separation. The legislation requires the Judicial Council to adopt or amend any rules or
forms necessary for implementation.

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Assembly Bill 2664 (Bryan; Stats. 2024, ch. 412) amended Welfare and Institutions Code
section 361.49 to clarify the date a child is deemed to have entered foster care for the purpose
of establishing timelines for the provision of reunification services. The Family and Juvenile
Law Advisory Committee proposes amending two definitions in rule 5.502 of the California
Rules of Court to conform to the law.

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The Family and Juvenile Law Advisory Committee proposes revising Information on Filing a
Petition to Terminate Juvenile Sex Offender Registration (form JV-915-INFO) to correct legally
inaccurate statements in the form. The form currently states that the Department of Justice
determines the registration tier for individuals required to register due to a juvenile adjudication
and that a subsequent violent felony conviction or a conviction for an offense requiring sex
offender registration disqualifies an applicant from requesting termination of juvenile sex
offender registration. Because neither of those statements reflect the controlling statutory
provisions, the committee accordingly proposes their removal from the form.

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Juvenile courts expect more claims under the Racial Justice Act to be filed since recent
legislation expanded the retroactive application of the act, enabling more individuals to file
claims for relief. The Family and Juvenile Law Advisory Committee proposes five new forms to
assist litigants and juvenile courts with claims under the act.

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To implement Assembly Bill 1756 (Stats. 2023, ch. 478, § 62) and Senate Bill 1161 (Stats. 2024,
ch. 782, § 12), and to clarify the different legal standards for petitions seeking release of a
delinquency file or living child’s juvenile dependency case file under Welfare and Institutions
Code section 827(a)(1)(Q) and a deceased child’s juvenile dependency case file under section
827(a)(2), the Family and Juvenile Law Advisory Committee proposes adopting one rule of the
California Rules of Court, amending three rules of court, approving one form, adopting six
forms, and revising six forms.

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The Family and Juvenile Law Advisory Committee proposes amending California Rules of
Court, rule 5.275, which provides standards for computer software used to assist in determining
child support and spousal support. The action is necessary to bring the rule into conformity with
existing law as well as with Family Code provisions related to additional child support that were
amended, effective September 1, 2024, by Senate Bill 343 (Stats. 2023, ch. 213). This proposal
would also update terminology and clarify language relating to (1) computer hardware and
software and (2) guideline calculator software testing and certification.

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The Family and Juvenile Law Advisory Committee proposes that the Judicial Council adopt six
forms for mandatory use and approve five forms for optional use in a new form series for parties
(intended parents) who conceive a child with a surrogate (a gestational carrier) under the terms
of a gestational carrier agreement (also called “an assisted reproduction agreement for gestational
carriers”) and then seek a judgment in family court determining a parental relationship under
Family Code sections 7960–7962. The committee also proposes that the council adopt a new rule
of court, amend several rules of court, repeal one rule, and revise three forms specific to
gestational surrogacy cases. The proposal originates from judicial officers and attorneys who
shared their ideas for uniform and streamlined rules and forms, specific to gestational surrogacy

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The Artificial Intelligence Task Force proposes adopting one rule and one standard to address the use of generative artificial intelligence for court-related work. The task force developed this proposal as part of its charge from the Chief Justice to oversee the development of policy recommendations on the use of artificial intelligence in the judicial branch.

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The Court Interpreters Advisory Panel recommends that the Judicial Council sponsor legislation
amending Evidence Code section 754 to allow courts, for good cause, to appoint American Sign
Language (ASL) interpreters who possess a generalist ASL credential and satisfy training,
education, and experience requirements approved by the Judicial Council, under a provisional
qualification process similar to that for spoken language court interpreters. These amendments
seek to address the limited availability of certified ASL court interpreters while ensuring
continued language access for deaf and hard-of-hearing individuals. The proposal also includes
revisions to statutory language to modernize terminology and clarify the Judicial Council’s role
in maintaining a roster of qualified interpreters.

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The Judicial Branch Budget Committee recommends that the Judicial Council sponsor
legislation amending Government Code section 685141 and Penal Code section 1463.0072 to
improve compliance with the reporting requirements for collection programs.

The recommendations originate from an ad hoc collections working group of court and county
subject matter experts to amend relevant statutes to clarify responsibilities for performing
authorized collections activities.

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The Family and Juvenile Law Advisory Committee recommends that the Judicial Council
sponsor legislation to amend Family Code section 3176 to allow for alternative methods
for the court to give notice to the parties about child custody mediation and require
specific content in the notice for cases involving domestic violence. The proposal
originates from a group of Family Court Services directors across the state seeking to
modernize the procedures for providing notice of child custody mediation by more cost-effective
methods, including electronic delivery.

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To assist courts in complying with the requirements of the California Conservatorship
Jurisdiction Act and the reporting duties imposed by the Elections Code, the Probate and Mental
Health Advisory Committee proposes amending one rule of court and revising two optional
forms to provide the court with information it needs for the transfer of conservatorships into
California. The rule amendment would require a conservator appointed in another jurisdiction to
include Confidential Supplemental Information (form GC-312) and Confidential Conservator
Screening Form (form GC-314) with their petition for orders accepting the transfer of the
conservatorship to California. The form revisions would clarify that a proposed Order
Appointing Probate Conservator (form GC-340) must be attached to each petition for orders
accepting a transfer and an executed form GC-340 must be attached to each order accepting a
transfer.

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To implement Senate Bill 599 (Caballero; Stats. 2023, ch. 493) and Assembly Bill 3072 (Petrie-
Norris; Stats. 2024, ch. 317), the Family and Juvenile Law Advisory Committee proposes
revising domestic violence restraining order and family law forms, adopting a new rule of court,
and amending a standard of Judicial Administration. The committee also proposes minor
technical changes to two domestic violence information forms.

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Assembly Bill 2759 (Petrie-Norris; Stats. 2024, ch. 535), effective January 1, 2025, created new
requirements for granting a firearm exemption to a restraining order that includes a firearm or
ammunition prohibition. The Family and Juvenile Law Advisory Committee proposes changes to
domestic violence and juvenile restraining order forms to reflect the new requirements. The
committee also proposes revisions to form CLETS-001 to include an instruction for petitioners
of retail theft protective orders and to make other changes in response to suggestions from
stakeholders

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Senate Bill 949 (Stats. 2024, ch. 159) requires superior courts to grant court users who are
participating in court proceedings a reasonable amount of break time to express milk for their
infant children. The legislation also mandates that the Judicial Council create a confidential
process for superior court users to request the break time. To implement the new law, the
Advisory Committee on Providing Access and Fairness proposes a new rule of court and a new
optional form.

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