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 minor changes needed to conform to recent legislation or previous council actions. Judicial Council staff recommend making the necessary corrections to ensure the rules and forms conform to law and to avoid causing confusion for court users, clerks, and judicial officers.
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Recommendation
Recommendation
Judicial Council staff recommend that the council take the following actions:
Effective April 1, 2023:
1. Amend rule 8.137(g)(3) to clarify a cross-reference to subdivision (f)(2) and delete an extraneous word.
2. Amend rule 8.406(a) to update cross-references that changed when the rule was recently amended.
3. Amend rule 8.416 to correct a cross-reference to other rules.
4. Amend rule 8.730(c)(1) and (d) of the California Rules of Court to correct cross-references to rules that were recently renumbered as rules 8.720, 8.724, and 8.728, respectively.
5. Amend rule 8.805(a) to change the cross-reference to the Supreme Court rules in division 5 of title 8, to division 7 of title 8, where the referenced rules are now located.
6. Amend 8.837 to clarify a cross-reference to subdivision (d)(4).
7. Revise Application and Order for Appearance and Examination (form AT-138/EJ-125) to add the numeral denoting item 2, which was inadvertently omitted from the form in a recent revision.
8. Revise Petition and Order to Exit and Reenter Jurisdiction--Nonminor Dependent (form JV-469) to correct a sentence in item 2 of the form that directs the person filing the petition to indicate how consent was obtained from the subject of the petition, but refers to the “consent of the minor” and should instead read “consent of the nonminor” because the petition can only be filed after the subject has reached the age of 18.
Effective May 1, 2023:
9. Revise Felony Abstract of Judgment--Determinate (form CR-290) to replace an incorrect reference in item 9e to “Court Operations Assessment” with “Conviction Assessment,” add back boxes to items 6 and 8 to indicate years and months for sentencing purposes, and indicate statutory references to the Penal Code.
10. Revise Abstract of Judgment--Prison Commitment--Indeterminate (form CR-292) to replace check boxes indicating whether the commitment is to state prison or county jail with “Commitment to State Prison--Abstract of Judgment” and correct item 6b by replacing a sentence of “15 years to Life” (already listed in item 6a) with “25 years to Life.”
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