Title
Title
Rules and Forms: Miscellaneous Technical Changes (Action Required)
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Summary
Summary
Various Judicial Council advisory committees, 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 recommends making the necessary corrections to avoid confusing court users, clerks, and judicial officers.
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Recommendation
Recommendation
Judicial Council staff recommends that the council, effective July 1, 2017:
1. Amend rule 1.100 and revise form MC-410 to conform to AB 1709 (Gallagher; Ch. 94, 2016), which would remove the words "impairment" and "impaired" when describing a person with a disability. AB 1709 would replace the term "hearing impaired" with the term "hard of hearing," or a close variation of "hard of hearing," and would make additional technical, non-substantive changes in Sections 54.1 and 54.2 of the Civil Code, Section 224 of the Code of Civil Procedure, and other statutes relating to deaf or hard-of-hearing individuals.
2. Revise from CP10, page 1, item 4, to read "(This date is in the accompanying Writ of Possession.)";
3. Revise Petition for Probate (form DE-111) and Waiver of Bond by Heir or Beneficiary (form DE-142/DE-111(A-3d)) to correct cross-references superseded by the recent addition of item 3b to form DE-111. The Petition for Probate was revised, effective January 1, 2017, to add item 3b regarding the decedent's foreign citizenship. That addition required renumbering items 3b-3g as 3c-3h. In the revision process, one cross reference to renumbered item 3d in item 2d(1) on form DE-111 was overlooked. Several references to renumbered item 3d on the Waiver of Bond by Heir or Beneficiary were overlooked. Staff recommends revising both forms, effective July 1, 2017, to replace all references to renumbered ...
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