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 council, effective January 1, 2020:
1. Amend rule 8.380(a) to update the reference to Petition for Writ of Habeas Corpus (form MC-275), which was relettered and renumbered as form HC-001;
2. Amend rule 8.384(a)(1) to update the reference to form MC-275 to form HC-001;
3. Amend the Advisory Committee Comments to rules 8.851, 8.866(a), 8.868, 8.917, and 8.919 to update the reference to Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210), which was relettered and renumbered as form CR-105;
4. Revise form APP-013 to refer to the correct rule of court in the footer;
5. Revise Request for Entry of Default (form CIV-100) and Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105) to update to update the statutory;
6. Revise form CR-131-INFO, items 14a and 14b, to update the references to form MC-210 to form CR-105 citation in the declaration of nonmilitary status on each form. This revision will implement the changes enacted in Assembly Bill 3212, which amended Military and Veterans Code section 400 et seq.
7. Revise form CR-132, item 4b, to update the reference to form MC-210 to form CR-105;
8. Revise form CR-133, item 2b, to update the references to form MC-210 to form CR-105;
9. Revise form CR-134, items 5a(3)(b), 5b(2)(b), and 5c(2)(b), to update the reference to form MC-210 to form CR-105;
10. Revise form CR-141-INFO, items 13b and 13c, to update the references to form MC-210 to form CR-105;
11. Revise form CR-142, items 5b(2), 5c(2), and 5d(4), to update the references to form MC-210 to form CR-105;
12. Revise Petition for Transfer Orders (form GC-363) to add a box below the case number box in the form header to indicate the date, time, and place of the initial hearing on the petition;
13. Revise Petition for Orders Accepting Transfer (form GC-366) to add a box below the case number box in the form header to indicate the date, time, and place of the initial hearing on the petition; and
14. Revise Proof of Service-Civil (form POS-040), to correct the time frame in the Declaration of Messenger on page 2, to conform to the recently-amended time frame for leaving documents at a party’s residence permitted in Code of Civil Procedure section 1011.