Title
Title
Forms: Miscellaneous Technical Changes (Action Required)
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Summary
Summary
Various Judicial Council advisory committee members, court personnel, members of the public, and Judicial Council staff have identified errors in a rule of the California Rules of Court and Judicial Council forms resulting from inadvertent omissions, typographical errors, and changes resulting from legislation. The staff to the Judicial Council recommends making the necessary corrections to avoid confusing court users, clerks, and judicial officers.
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Recommendation
Recommendation
The staff to the Judicial Council recommends that the council, effective January 1, 2016:
1. Amend rule 3.35(b) to correct a reference from "rules 5.70 and 5.71" to "rule 5.425."
2. Revise forms CH-700, CH-710, and CH-720 to reflect an amendment to Code of Civil Procedure section 527.6(n) proposed in AB 1081. Subdivision (n) currently provides:
(n) A notice of hearing under this section shall notify the respondent that if he or she does not attend the hearing, the court may make orders against him or her that could last up to three years.
The proposed amendment would bring subdivision (n) in line with subdivision (j)(1), which raised the maximum duration of a renewed civil harassment protective order from three years to five. Should the Legislature not pass or the Governor not sign AB 1081, these changes would not go forward.
3. Revise form CR-132, page 2, "Reminder," to correct a reference from "8.835(b)" to "8.853."
4. Revise form CR-165, Notice of Termination of Protective Order in Criminal Proceeding (CLETS), to remove the word "CLETS" from the title of the form, and to add the word "Cancel" to the parenthetical in the form's footer to read "(CLETS-CANCEL)," as requested by the Department of Justice. These revisions will facilitate accuracy in coding courts' termination of criminal protective orders when those orders are entered into the California Law Enforcement...
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