Title
Title
Rules and Forms | Miscellaneous Technical Changes (Action Required)
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Summary
Summary
Various members of the judicial branch, members of the public, and Judicial Council staff have identified errors in the California Rules of Court and Judicial Council forms resulting from typographical errors and changes resulting from legislation, and previous rule amendments and form revisions. Judicial Council staff recommend making the necessary corrections to avoid causing confusion for court users, clerks, and judicial officers.
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Recommendation
Recommendation
Judicial Council staff recommend that the Judicial Council, effective September 1, 2021:
1. Amend rule 4.574 of the California Rules of Court to change “reply” to “denial” to correct the name of the document cited in subdivision (b)(3);
2. Amend rule 5.335 of the California Rules of Court to replace former Family Code section 4945 with Family Code section 5700.506, the new version of the statute, in subdivision (a);
3. Amend rule 5.697 of the California Rules of Court to replace “agree with the continuation of” with “are in agreement with receiving court-ordered” in subdivision (e)(1)(D)(iv) and to delete “continued” in subdivision (v), where the rule addresses the social worker’s reporting requirements for a nonminor disposition hearing;
4. Revise Adoption Request (form ADOPT-200) to correct typographical errors on page 1 (item 2) by changing “This Adoption Request in” to “This Adoption Request is” and on page 5 (item 15h) by changing the cross-reference from “15d” to “15f”;
5. Revise Civil Case Cover Sheet (form CM-010) to add an item for an email address to the Attorney/Party box at the top left of the form and to revise Case Management Statement (form CM-110) and General Denial (form PLD-050) to remove the “Optional” instruction from the items for email address at the top left of each of those forms. These revisions are to bring the forms into compliance with California Rules of Court, rule 2.111, which requires the inclusion of an email address on papers filed with the trial court;
6. Revise Exemptions from the Enforcement of Judgments (form EJ-155) to include a new exemption, for Scholarshare (Higher Education Savings), added through legislation;
7. Revise Petition to Determine Parental Relationship (Uniform Parentage) (form FL-200), item 8d, to replace the incorrect reference to “Attachment 6c(1)” with “Attachment 8d”;
8. Revise Response to Petition to Determine Parental Relationship (Uniform Parentage) (form FL-220) to correct minor formatting errors and to replace the incorrect reference to “Attachment 6c(1)” with “Attachment 9c” in item 9c;
9. Revise Petition for Custody and Support of Minor Children (form FL-260), item 4i, to replace the incorrect reference to “Attachment 4h” with “Attachment 4i”;
10. Revise Order After Hearing on Motion to Cancel (Set Aside) Judgment of Parentage (form FL-278) on page 1 (item 6) to change “The Court Finds” to “The Court Orders” and on page 3 to renumber items 8, 9, and 10 as items 7, 8, and 9 to correct typographical errors;
11. Revise Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)) to remove the reference to subdivision (d) in Family Code section 3200.5 at items 4 and 5 to mirror the references to that code section on form FL-324(NP);
12. Revise Additional Children Attachment (form JV-101(A)) to correct the lettering sequence in item 6 to “a.,” “b.,” and “c.” and to add “and the Indian Child Inquiry Attachment (form ICWA-010(A)) is attached” in item 6b to mirror the language in form JV-100 at item 6b;
13. Revise Attachment to Order Designating Educational Rights Holder (form JV-535(A)) to correct the typographical error on page 1 in the form’s footer by replacing “Form Approved for Mandatory Use” with “Form Adopted for Mandatory Use”; at item 9 on page 1 to move “to make” to precede the check box labeled “educational”; and at item 18 on page 2 to replace the incorrect references to “items 14 or 15” with “items 16 or 17.”
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