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Proposed changes to the 2019 Local Rules for Santa Clara County

Monday, April 22, 2019  
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The following are the proposed changes to the 2019 Local Rules for Santa Clara County as provided by our liaison, Christopher Gee:

  1. Civil Rule 2
  2. Civil Rule 3
  3. Civil Rule 4
  4. Civil Rule 5
  5. Civil Rule 6
  6. Civil Rule 16
  7. Criminal Rule 9
  8. General Rule 6
  9. Family Mediated Agreement Stipulation to Waive Time
  10. Family Rule 2B6
  11. Family Rule 9
  12. FM-1187 Ex Parte App and Order to be Relieved as Atty of Record for Minor Child
  13. FM-1188 Minor’s Counsel Response to Order to be relieved
  14. PB-4073 Ex Parte App and Order to be Relieved as Atty of Record for Minor Child
  15. PB-4074 Minor’s Counsel Response to Order to be relieved
  16. PB-4075 Declaration in Support of Ex Parte Application for Order and or Order Shortening Time


Note that General Rule 6 deals with electronic filing. Attorneys who are subject to Rule 6 may not object to electronic service. In addition, there are two proposed changes to the Local Probate Rules of Court:

  1. Probate Rule 12B(5) –Section 12B(5) states that the provisions of Rules 12B(1) - (4) shall not apply to ex parte requests for temporary guardianships, general guardianship, or termination of guardianships, as those procedures are otherwise statutorily prescribed. The added section also contains provisions regarding the notice requirements and submission of proposed orders for ex parte applications.

  2. Probate Rule 12H(4) – Section 12H(4) states that appointed counsel  may apply via an ex parte application and order to be relieved as the counsel for minor child by serving the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (form PB-4073) along with a blank Response to Application to be Relieved as Counsel for Minor Child (PB-4074).


The proposed rules can be found on the Santa Clara County Court’s website and are intended to go into effect July 1, 2019. The 45-day period for public review and comment ends on May 17, 2019. If you have any comments, they should be submitted to ssweb@scscourt.org.


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