here - Superior Court of California

will not initiate them. Entities on service lists may only be removed bythe party initiating the action against that entity, or by order of the Court.3. During trial, motions, memoranda, and matters presented to the Court inwriting for decision may be served in open court in hard copy form.These items and proofs of service must be filed electronically no later thanthe Close of Business on the court day following service by hand in opencourt, and the electronic proof of service must reference the date originallyserved in open court.I. Responsible for Redaction. The responsibility for redacting personal identifiersand privileged or confidential information rests solely with counsel and theparties. The Clerk will not review each pleading or other paper for compliance.The court may impose sanctions for violation of these requirements.J. Confirmation of Receipt of Lodged and Filed Documents. Vendor is herebyappointed agent of the Clerk as to the electronic filing, receipt, service and/orretrieval of any document in the E-File system. Vendor must promptly sendUsers confirmation of the receipt of any document that Users have transmitted toVendor for filing or lodged with the Clerk. Such confirmation must indicate thedate and time of receipt stated in Pacific Time. The Clerk must review thedocument and transmit to the Vendor confirmation that the document has beenreviewed, accepted, or rejected by the Clerk. The Clerk must electronicallyendorse any document accepted for filing in accordance with CRC 2.259(e), ormust promptly transmit the Clerk’s notice of rejection or amendment to the Userthrough Vendor.K. Effect of Use of E-File and Time for Filing. No document transmittedelectronically is deemed filed unless it is accepted for filing by the Clerk. Anydocument received by Vendor before Close of Business on a court day is deemedfiled on the date of transmission if the document is accepted for filing. Anydocument received by Vendor after the Close of Business is deemed filed the nextcourt day if the document is accepted for filing.L. Payment of Statutory Filing Fees. Vendor is hereby appointed as the agent ofthe Clerk with respect to collecting statutory filing fees for any electronically fileddocument. Each User must pay all required filing fees for electronically fileddocuments to Vendor. Vendor will invoice each User monthly for the totalamount of such filing fees. Vendor must remit filing fees to the Clerk. At suchtime, those fees are the sole property of the Clerk of the Superior Court ofCalifornia, County of San Francisco. All requests for refunds of filing fees mustbe addressed to the Clerk and may be submitted electronically in the mannerprescribed by the Clerk.M. Format of Electronically Filed Documents. All electronically filed documents,to the extent practicable, must be formatted in accordance with the applicablerules governing formatting of paper pleadings, and in such other or further formatas the Court may require.N. Signatures on E-Filed Documents.1. Every item which is E-Filed and/or E-Served is deemed to have beensigned by a judge, licensed attorney, court official, or person authorized toProposed Changes to Local Rules of Court as of 3/13/12 - 5 -

execute proofs of service if it bears a typographical signature of suchperson, e.g., “/s/ Adam Attorney,” along with the typed name, address,telephone number, and State Bar of California number of a signingattorney. Such typographical signatures are personal signatures for allpurposes under the CCP. Judges may use graphic signatures.2. E-Filed and/or E-Served documents requiring a signature under penalty ofperjury must be imaged to reflect the handwritten signature of thedeclarant to accomplish valid filing and service.3. E-Filed and/or E-Served documents which do not require a signatureunder penalty of perjury are deemed signed by the submitting party if itbears a typographical or graphic signature.4. The original of E-Filed and/or E-Served documents including originalsignatures must be retained by the party filing the document for at least theperiod after the termination, including all appeals, of the case required forconventionally filed documents. Upon reasonable notice, the filing partymust provide in advance of any hearing on the matter the original of suchtypographically signed or imaged documents.O. Electronic Title of Documents. The document title entered on the Vendorsystem must be the same as that reflected in the caption of the document.P. Electronic Service of Documents and Proof of Service.1. Users must E-Serve all E-Filed documents on all parties. Users may E-Serve other documents not E-Filed upon other Users. Users must receiveall E-Filed and E-Served documents via access to the Vendor's system.This Rule does not modify the obligations of service as set forth in theCCP.2. A party may choose to serve documents required to be E-Filed under theseRules by means in addition to E-Service, but not instead of E-Service.The time for response to documents shall be the earlier of thoseattributable to the various means of service.3. Vendor’s Transaction Receipt is a valid proof of service if it complies withCRC 2.260(c) and CCP § 1013(a). A proof of service page may beattached to the last page of any E-Filed and E-Served document. Neither aseparate caption page nor a separate filing of the proof of service isrequired so long as the proof of service page contains a captionreferencing the case name and action number, is attached as the last pageof the E-Filed and E-Served document to which it refers, and referencesthe Vendor’s transaction receipt.Q. Effect of Electronic Service. The E-Service of a document is effective serviceon all Users. Documents E-Served by the Close of Business on court days aredeemed to have been served on that day. Otherwise, they are deemed served thenext court day. The filing and service provisions of CCP § 1010.6 and CRC2.260 apply.R. Conventional Filing of Documents. Notwithstanding the foregoing, thefollowing types of documents may or must be filed conventionally unlessotherwise required by the Court:Proposed Changes to Local Rules of Court as of 3/13/12 - 6 -

2. The User may alternatively file by faxing documents and attachments tothe Vendor. Vendor must then convert those documents to electronicform, file them with the Clerk, and serve designated parties as provided.Users filing via facsimile through the Vendor must be charged feesreflecting Vendor’s then current published rates for filing and service inthis manner.V. User Error or Vendor Technical Problems. If electronic filing or service doesnot occur due to (1) error in the transmission of the document to Vendor or servedparty which was unknown to the sending party, (2) Vendor’s failure to process theelectronic document, (3) a party’s erroneous exclusion from the service list, or (4)other technical problems experienced by the Vendor, then the User affected maybe entitled to an extension for any response or the period within which any right,duty, or other act must be performed, provided the User demonstrates that he orshe attempted to file or complete service on a particular day and time. The Courtmay establish policies and procedures for the way in which a User maydemonstrate he or she attempted to file or complete service on a particular dayand time. The Clerk, pursuant to established policies and procedures in effect atthat time, may determine whether a User has complied with established policyand procedure entitling User to an extension of time.Rule 2 amended effective July 1, 2012; adopted effective July 1, 1998; amended effectiveJanuary 1, 2000; amended effective January 1, 2005; amended effective July 1, 2006;amended effective January 1, 2008; amended effective January 1, 2009; amendedeffective January 1, 2010; amended effective January 1, 2012.Proposed Changes to Local Rules of Court as of 3/13/12 - 8 -

Rule 3 – Civil Case Management3.0 Establishment of Case Management.A. General Civil Case Management. Pretrial management of general civil casesnot assigned to a single judge is conducted in Department 610.B. Uninsured Motorist. At the time the complaint is filed, or within 10 days afterdiscovering that the case is an uninsured motorist case, plaintiff must file inDepartment 610 an ex parte application with a supporting declaration requestingthat the case be designated as an uninsured motorist case. To allow for arbitrationof the plaintiff's claim, the Civil Case Management Rules do not apply to a casedesignated by the Court as "Uninsured Motorist" as defined in Government Code§68609.5 and Insurance Code §11580.2 until 180 days after the designation.C. Order to Show Cause/Sanctions.1. Upon failure of any party, including the party's counsel, to comply withany provision of LRSF 3 or the applicable CRC or statute, the Court mayissue an order to show cause to determine the reason for non-complianceand whether sanctions should be imposed.2. The Court may impose reasonable monetary or non-monetary sanctionsfor any violation of a lawful court order or any provision of these rulesdone without good cause or substantial justification. Sanctions may beimposed for a violation committed by a party, a party's attorney, or both.Monetary sanctions are payable to San Francisco Superior Court.3. Any request to vacate sanctions imposed by the Civil Case ManagementDepartment must be brought on noticed motion ex parte application inthat Department.3.1 Exemption of Exceptional Cases (CRC §3.714).A. Procedure. An application, declaration, proof of service and proposed orderdesignating a case as exceptional must be filed in Room 103 and a courtesy copymust be delivered to Department 610. The application must address the relevantstandards and factors set forth in CRC §§3.714 and 3.715.B. Opposition. Any party may, within ten (10) days of the service of the applicationfor exemption, file and serve a joinder in, or opposition to, the request,accompanied by a proof of service. A courtesy copy must be delivered toDepartment 610.C. Ruling. The Court will notify the requesting party of the ruling. The requestingparty must notify all other parties of the Court’s ruling within five (5) days.3.2. Single Assignment to One Judge For All or Limited Purposes.A. Court Motion. The Presiding Judge may assign any case to a single judge atany time on the Court’s own motion.B. Noticed Motion. The Presiding Judge will hear motions for assignment to asingle judge. CRC §3.734. Those motions must be accompanied by aproposed order. The moving papers must include discussion of the relevantProposed Changes to Local Rules of Court as of 3/13/12 - 9 -

factors set forth in CRC §3.715 as well as the length of time reasonablyrequired to dispose of the case.3.3 3.1 Service of Complaint, Responsive Pleading, and Cross-Complaint (CRC §3.110).A. Application for Order Extending Time. Extension to Serve Summons AndComplaint. A written application must be filed in Room 103 and a courtesy copywith a proposed order delivered to Department 610.B. Extension To Respond. A written application must be filed in room 103 and acourtesy copy delivered to Department 610. Opposition to a request for extensionof time to respond must be filed within two (2) Court days of service of therequest and a courtesy copy with a proposed order must be delivered toDepartment 610.C. Other Orders Concerning Service. An application for leave to serve asummons and complaint in a manner for which Court authorization is requiredmust be made to the Presiding Judge, except for applications for leave to servesummons in an action for unlawful detainer by posting, pursuant to §415.45,which shall be made to the Housing Court. (See Rule 8.10). Applications tobe made to the Presiding Judge . These applications include:1. An application for leave to serve a corporation or a limited liabilitycompany by service on the Secretary of State, pursuant to Cal. Corp. Code§1702(a);2. An application for leave to serve a summons by publication, pursuant toCCP §415.50; or3. An application for leave to serve a summons in an action for unlawfuldetainer by posting, pursuant to CCP §415.45.3.4 3.2 Case Management Conference (CRC §§3.720-3.730).A. Case Management Conference Date. When a complaint is filed, the clerk willissue a notice to plaintiff that includes a case management conference date whichpaper plaintiff must serve on all defendants.B. Case Management Statement. Although CRC §§3.720-3.730 requires thestatement to be filed no later than 15 days before the conference, filing the casemanagement statement 25 days before the conference will facilitate the issuanceof a case management order without an appearance.C. Court Review of Case Management Statements. Prior to the case managementconference the Court will review the case management statements and issue anorder to show cause or a case management order. CRC §§3.720-3.730. The Courtmay either continue the conference or cancel the conference and enter any of thefollowing orders:1. Referral to pre-arbitration settlement conference and/or judicialarbitration; or2. Assignment of a mandatory settlement conference date and/or trialdate;3. Referral to the BASF Early Settlement Program; or4. Issuance of an order confirming voluntary mediation.Proposed Changes to Local Rules of Court as of 3/13/12 - 10 -

D. Objections. A party objecting to an order to arbitration or a trial setting, must fileand serve a “Notice of Objection” and all parties must appear at the previouslyscheduled case management conference personally or through counsel.E. Continuances. A request to continue a case management conference must be setforth in the case management statement or in a supplemental statement if the casemanagement statement has already been filed.F. Appearance by Telephone (CRC §3.670). Parties may elect to appear at a civilcase management department conference by telephone. To do so, the participantmust serve and submit to an approved vendor, not less than five (5) Court daysprior to the hearing date, a request for telephonic appearance form and pay a fee.Required submission, forms, and payment procedures are detailed on the Court’swebsite www.sfsuperiorcourt.org. The person requesting to appear by telephonemust be available for two (2) hours after the time noticed for the hearing.3.5 Civil Case Management Motion Calendar.A. Hearing. Motions in both limited and unlimited jurisdiction cases are heard onThursdays in Department 610 at 9:00 a.m., unless the following Friday is aholiday in which case no motions will be heard that week.B. Orders Shortening Time. Parties may request an order shortening time by exparte application. To schedule an ex parte appearance, parties must call theunlimited jurisdiction clerk at (415) 551-3712 or the limited jurisdiction clerk at(415) 551-3700.C. Continuances. If parties stipulate to continuance of a motion, the party seekingthe continuance must inform the Court clerk as soon as possible, and in any event,no later than 3:00 p.m. of the second Court day preceding the hearing. Nocontinuances will be granted on the date set for hearing except upon appearanceof counsel or a showing of good cause in writing. The Court may approve ordeny a continuance, may rule on the merits of the motion, or take the matter offcalendar despite agreement of the parties to the contrary.D. Tentative Rulings. The San Francisco Superior Court adopts CRC §3.1308 as thetentative ruling procedure in pretrial matters.1. Obtaining Tentative Rulings. Tentative rulings are available by 3:00p.m. the day before the hearing. Counsel may obtain a tentative rulingissued by pretrial by calling (415) 551-4000.2. Submitting To Tentative Rulings. Parties are not required to submit bytelephone. A party who fails to appear at the hearing is deemed to submitto the tentative ruling. However, no party may submit to a tentative rulingthat specifies that a hearing is required.3. Appearing For Hearing And Giving Notice. Parties who intend toappear at the hearing must give notice to opposing counsel by telephoneno later than 4:00 p.m. the day before the hearing unless the tentativeruling has specified that a hearing is required. A party may not argue atthe hearing if opposing counsel is not so notified and opposing counseldoes not appear. If no party appears, the tentative ruling will be adopted.Proposed Changes to Local Rules of Court as of 3/13/12 - 11 -

If a party does not appear because the opposing party failed to givesufficient notice of intent to argue, the tentative ruling will be adopted.3.6 3.3 Stipulation to Commissioners Judge Pro Tem.A. A party is deemed to stipulate that all matters heard in the Civil CaseManagement Department may be heard by a Commissioner, acting as atemporary judge, by failing to file an objection in writing within thirty (30) daysafter the first pleading is filed in the action by that party, or at the first hearing inthe Civil Case Management Department, if heard before the expiration of thethirty (30) days. Notice to this effect is provided to the parties pursuant to the“Notice To Plaintiff” provided at the filing of the complaint.B. A party refusing to stipulate to pretrial case management before a commissioneracting as a temporary judge may:1. submit the matter on the papers without oral argument, or2. present oral argument before the commissioner temporary judge.Without further briefing or oral argument, a judge assigned to hear the matter,must make a determination on the issue before the Court and issue an order.3.7 3.4 Courtesy Copies. File-endorsed courtesy copies of papers filed in relation to any orderto show cause, motion, or case management conference to be heard in Department 610must be lodged in Department 610 on the same day the papers are filed.3.8 3.5 Ex Parte Applications. In Department 610, ex parte applications other than to shortentime are submitted on the papers and no personal appearance is required. Proposedorders and a self-addressed stamped envelope must be included. See LRSF 9.Rule 3 amended effective July 1, 2012; adopted July 1, 1998; amended effective January1, 2000; amended effective January 1, 2005; amended effective January 1, 2006; amendedeffective July 1, 2006; amended effective July 1, 2007; amended effective July 1, 2008; amendedeffective July 1, 2011 .Proposed Changes to Local Rules of Court as of 3/13/12 - 12 -

Rule 4 - Alternative Dispute Resolution4.0 Policy. Every long cause, non-criminal, non-juvenile case must should participate eitherin voluntary mediation, arbitration, neutral evaluation, an early settlement conference or otherappropriate alternative dispute resolution process prior to a mandatory judicial settlementconference set under LRSF 5.0 or trial. Information regarding the available alternativedispute resolution programs is posted on the Court's website (http://sfsuperiorcourt.org/)and included in the ADR packet provided to parties when the complaint is filed.4.1 Mandatory Judicial Arbitration.A. Policy. All non-exempt at-issue long cause civil actions subject to CC §1141.11must be submitted to judicial arbitration. Short cause matters tried to the Court,and other matters excluded by statute and CRC §3.811, are not submitted tojudicial arbitration.B. Civil Action on the Mandatory Arbitration Hearing List. Each action orderedto arbitration will be placed on the arbitration hearing list and remain there untilan arbitrator’s award or a dismissal of the action has been filed, or the action isordered restored to the civil active list by the Aarbitration Administratorconference judge.C. Arbitration Conference Judge.1. The Presiding Judge must designate one judicial officer as the arbitrationconference judge who will decide:a. whether the action should be required to go to arbitration pursuantto CCP §1141.11(a), (c) or (d);b. whether a prayer for equitable relief is frivolous and insubstantial;c. all motions to delay arbitration hearings or to remove a case fromthe arbitration hearing list;d. all motions to continue an arbitration hearing to a date later thanninety (90) days after the date of mailing of the notice ofappointment of arbitrator;e. all ex parte orders for extensions of time to file an award pursuantto CRC §3.825;f. all motions to resolve disputes as to the number and identity ofsides pursuant to CRC §3.815;g. ex parte applications of arbitrators for payment of the arbitrator’sfee when the award has not been timely filed pursuant to CRC§3.825;h. all motions for imposition of sanctions for violation of this rule;i. all motions relating to the arbitration procedure in actions whichare on the arbitration hearing list and which are made prior to thefiling of an award.D. C. Motions to Vacate Regarding Arbitration and Discovery Motions. Allmotions to vacate an regarding arbitration award pursuant to CRC §3.825§3.810 et seq. are heard in the Law and Motion Department. All discoverymotions are heard in the Law and Motion Departments.Proposed Changes to Local Rules of Court as of 3/13/12 - 13 -

E. D. Selection of Arbitrator. Within fifteen (15) days after an action has been placedon the arbitration hearing list, the arbitration administrator will mail a list of three(3) names of prospective arbitrators to the parties, and each side will have ten (10)days from the date of mailing to reject one of those names. Rejections must beexercised in a letter to the arbitration administrator. This subsection does notapply to CCP §1141.11(d) cases.F. E. Panel of Arbitrators. A list of members of the Court’s arbitration panel isavailable for review by counsel and self-represented parties in Room 103,Window 27, Clerk’s Office.G. F. Order to Show Cause (OSC) Procedure. Upon appointment of the arbitrator,the Court will may set the case for an OSC why the matter has not been arbitratedto be heard on or about thirty (30) days after the expiration of the arbitrator’sjurisdiction. If the arbitration administrator receives written notification that thecase has been arbitrated, settled or dismissed, then the matter will be droppedfrom the OSC calendar. This action can be confirmed by calling the tentativeruling line after Noon the Court day preceding the hearing date at (415) 551-4000.H. G. Continuances of Arbitration Date Of More than 90 Days.1. From 90-120 Days After Appointment. Counsel must submit astipulation including the consent of the arbitrator to request anextension of the arbitrator’s jurisdiction past the initial 90 days,together with a proposed order. Further requests require a noticedmotion in Department 610.2. Beyond 120 Days From Appointment. An initial request for extensionof the jurisdiction of the arbitrator to a date beyond 120 days fromappointment requires a Court order. Counsel must submit astipulation including the consent of the arbitrator requesting an extensionof the jurisdiction, a declaration stating good cause for the extension, and aproposed order. Further requests require a noticed motion inDepartment 610.I. H. Failure to Arbitrate. Unless jurisdiction of the arbitrator has been extended byCourt order, actions in which the arbitration hearing has not taken place within theperiod of time allowed will be subject to an order to show cause why the actionshould not be dismissed, the answer stricken or another appropriate sanctionimposed.J. I. Original Court File. The original Court file will remain in the possession of theclerk of the Court.K. J. Economic Hardship Requests. The trial judge will hear all motions pursuant toCCP §1141.21 requesting a finding that the imposition of costs and fees wouldcreate such a substantial economic hardship as not to be in the interest of justice.L. Mandatory Pre-Arbitration Settlement Conference.1. The settlement calendar is a part of the arbitration facilities of this Court.A failure of any person to prepare for, appear at or participate in goodfaith in a settlement conference as required by these rules, will cause theaction to be removed from the arbitration calendar and/or the civil activelist or subject the failing party to sanctions under CCP §§177.5 or 575.2.Proposed Changes to Local Rules of Court as of 3/13/12 - 14 -

2. Cases will be assigned to settlement conferences at the discretion of theCourt.3. The date for the settlement conference will be assigned in a casemanagement order sent to the parties prior to the case managementconference date (see LRSF 3.4C).4. Continuances may be granted at the discretion of the Court on its ownmotion or upon a showing of good cause set forth in a stipulation anddeclaration, accompanied by a proposed order. The date requested mustnot be less than thirty (30) days from the expiration of the jurisdiction ofthe arbitrator. The application must be submitted to Department 610 atleast seven (7) days before the original pre-arbitration settlementconference.5. The parties must undertake good faith settlement discussions prior to thedate of the pre-arbitration settlement conference. Plaintiff’s counsel mustmake a settlement demand not less than ten (10) days prior to thesettlement conference and defendant’s counsel must make an offer not lessthan five (5) days prior to the conference.6. Attendance of the attorney who will try the case and the principals, or inthe case of an insured principal, the authorized representative (other thancounsel), of the insurer is mandatory.7. Settlement conference statements must be served upon opposing counseland delivered to Department 610 not later than two (2) Court days prior tothe settlement conference. The settlement conference statement mustinclude the following:a. A written factual statement describing the case and all relevantissues and contentions.b. The most recent medical reports.c. A summary of injuries, residuals, specials, and loss of earning, ifany.8. Attorneys conducting arbitration settlement conferences must notify theArbitration Conference Judge of any violation of the provisions of thisrule. The Arbitration Conference Judge may impose appropriate sanctionsfor such violations.9. The Court may remove a case from the pre-arbitration settlementconference program upon a showing of good cause set forth in anendorsed filed application and declaration accompanied by a proposedorder. Any party may, within two Court (2) days of the request forremoval, file and serve a joinder in, or opposition to, such request.M. K. Failure to Participate. Willful failure to participate meaningfully in arbitrationproceedings may result in the imposition of sanctions.4.2 Voluntary Civil Mediation.A. Civil Mediation Act. This program is not established pursuant to the CivilMediation Act, CCP §§1775 et seq.B. Types of Mediation Available And Eligible Cases.Proposed Changes to Local Rules of Court as of 3/13/12 - 15 -

1. Private Mediation. Parties to a civil action may agree to mediate theirdispute with a mediator of their choice without Court assistance.2. Mediation Services of BASF. Upon stipulation of the parties the BASFwill administer the selection of a Court approved mediator who willprovide three hours of free mediation. The goal of this program is tofacilitate mediation of unlimited jurisdiction civil cases at the outset of thelitigation. The program may also be utilized prior to the filing of acomplaint or at any time throughout the litigation process.3. Judicial Mediation Program. Selected cases will be mediated by aJudge of the San Francisco Superior Court. This program provides earlymediation of selected cases by volunteer judges of the San FranciscoSuperior Court. Cases considered for the program include constructiondefect, employment discrimination, professional malpractice, insurancecoverage disputes, toxic torts and industrial accidents and other complexcases.C. Election to Mediate. Parties may stipulate to a specific type of alternativedispute resolution. The applicable form is included in the alternative disputeresolution information packet received when the complaint is filed. The partiesmust deliver the completed form to Department 610.D. L. Mediation in Lieu of Judicial Arbitration. Parties to any civil action assignedto judicial arbitration may elect voluntary mediation by filing a stipulation tomediate. The stipulation must be filed not later than 240 days after the complaintwas filed. After the expiration of this 240 day period a party may file a noticedmotion to mediate in Room 103 and a courtesy copy delivered to Department610.E. M. No Tolling of Time Limits.1. The election to mediate in lieu of judicial arbitration will not suspend anytime periods specified by statute, the CRC or these local rules.2. Absent an order providing for additional time, actions in which mediationhas not taken place within the period specified by the parties and approvedby the Court will be subject to an order to show cause why the actionshould not be dismissed, the answer stricken, or other appropriatesanctions imposed.F. Selection of Mediation Provider.1. Private Mediation. The parties must select a mediator, panel ofmediators or mediation program of their choice to conduct the mediation.The mediation provider need not be an attorney. The parties are notrequired to select a mediation provider from the list of Court approvedmediation providers.2. Mediation Services of BASF. After filing a stipulation to alternativedispute resolution with a mediation services designation and delivery of acopy to Department 610, BASF will contact the parties to assist in theselection of a mediator from the list of Court approved mediationproviders.Proposed Changes to Local Rules of Court as of 3/13/12 - 16 -

3. Judicial Mediation Program. Upon the filing of a stipulation toalternative dispute resolution with a judicial mediation designation anddelivery of a copy to Department 610, the Court will consider assignmentof the matter to a mediation judge.G. Payment of Mediation Provider.1. Private Mediation. The cost of mediation must be borne by theparties equally unless the parties agree otherwise. A party or parties mayrequest that the Court appoint a mediation provider selected by the partiesfrom the Court’s list to serve without compensation.2. Mediation Services of BASF. The first three hours of the mediation arefree. The hourly mediation fee beyond the first three hours must be borneby the parties equally unless the parties agree otherwise.3. Judicial Mediation Program. There is no charge for judicialmediation.H. Mediation Outcome Questionnaire. In order to assist the Court in evaluatingthe effectiveness of the mediation program, the mediator or the partiesparticipating in the mediation must promptly complete the Mediation OutcomeQuestionnaire provided by the Court and return the questionnaire to the Court’sAlternative Dispute Resolution Administrator.I. Mediation Advisory Committee. The Court’s Mediation Advisory Committeeassists the mediation Program Judge in overseeing the operation and evaluation ofthe program and the maintenance of the Court’s list of mediation providers.Committee members are appointed by the Presiding Judge for a term of no morethan three (3) years. The Committee consists of judicial officers, attorney andnon-attorney mediation providers including community programs, individual andorganizational providers, and alternative dispute resolution programadministrators.J. Mediation Program Judge. The Presiding Judge designates a judicial officer asthe mediation program judge who:1. Oversees the implementation and operation of the mediation programsestablished pursuant to this rule.2. Serves on the Mediation Advisory Committee.3. With the assistance of Court staff and the Mediation Advisory Committee,evaluates the program and informs the Presiding Judge and the Court onthe success of the program in meeting its objectives.K. Civil Mediation Panel.1. The Court maintains a list of mediation providers which is available toparties.2. Mediation providers may be added to the list by the Court upon therecommendation of the Mediation Advisory Committee.3. In order to be eligible for inclusion on the Court’s list, an individualapplicant must:a. Complete an application provided by the Court listing theapplicant’s education, training, experience and references.Proposed Changes to Local Rules of Court as of 3/13/12 - 17 -

. Provide evidence of satisfaction of one of the following threealternatives:(1) Have completed at least forty (40) hours of education ortraining in mediation and have participated as a mediator orco-mediator in at least five (5) mediations;(2) Have completed at least sixteen (16) hours of education andtraining in mediation and have participated as a mediator orco-mediator in at least fifteen (15) mediations; or(3) Provide other satisfactory evidence of mediation skills andexperience;c. Provide evidence of insurance coverage;b. Agree to abide by the Standards of Conduct for Mediators;c. Be willing and able to conduct mediation in San Francisco;f. Agree to cooperate with the administration of the program, inparticular, completion of forms and questionnaires related to theevaluation of the program and;g. Agree to accept by Court assignment at least one case a year formediation on an uncompensated basis.4. In order to be eligible for inclusion on the Court’s list as an organizationproviding mediation services, the organization must:a. Complete an application provided by the Court describing theorganization, the mediation or other alternative dispute resolutionservices it provides, and the training provided to mediators, or thetype of training required of mediators;b. Identify the mediators in the organization who are available toconduct mediation and who have the qualifications required forindividual mediators;c. Provide evidence of insurance coverage;d. Agree that mediators will abide by the Standards of Conduct forMediators;e. Have a San Francisco business address and be willing and able toconduct mediation in San Francisco;f. Agree to cooperate with the administration of the program,including the completion of forms and questionnaires related to theevaluation of the program; andg. Agree to accept by Court assignment for each mediatorparticipating in the program at least one case a year for mediationon an uncompensated basis.5. Individual mediation providers or members of a provider organization arenot required to be attorneys.6. 4.3 Grounds for Resignation, Suspension and Removal from Civil Mediation ADR Panel,and Complaint Procedures.a. A. A panel member may request to be removed at any time upon ten (10) days’Proposed Changes to Local Rules of Court as of 3/13/12 - 18 -

advance notice submitted to the Court’s ADR Administrator.b. B. A panel member may be summarily suspended by the Court for so long as there isfailure to comply with the rules of the panel, including any reportingrequirements.c. C. Any panel member may be removed from the panel or suspended for:(1) 1. Failure to handle Court referred case with professional competence anddiligence;(2) 2. Charging unconscionable fees or other charges;(3) 3. Failure to completely disclose all fees and charges at the outset of thecase;(4) 4. Falsification of any material statement made to qualify for any panel ormade in any required report;(5) 5. Violation of any rule of professional conduct applicable to the provider asdetermined by the applicable professional organization;(6) 6. Commission of a crime involving moral turpitude;(7) 7. Repeated failure to comply with these rules;(8) 8. Loss or suspension of a professional license may be grounds for removal;(9) Violation of the Standards of Conduct for Mediators pursuant to CRC§3.850 et. Seq.7. D. Complaint Procedures and Complaint Proceedings against Civil Mediation ADRPanel Members.a. 1. All inquiries and complaints lodged against a panel member must besubmitted to the ADR Administrator who shall serve as the complaintcoordinator pursuant to CRC §3.867.b. 2. Upon receipt of a complaint, the ADR Administrator shall send thecomplainant written acknowledgement that the Court has received thecomplaint.c. 3. The ADR Administrator shall conduct a preliminary review of allcomplaints to determine whether it can be informally resolved, closed, orwarrants investigation.d. 4. If the complaint is not resolved or closed during preliminary review:(1) a. The mediator ADR panel member shall be given written noticeof the complaint and an opportunity to respond.(2) b. The complaint shall be investigated and a written recommendationconcerning court action on the complaint shall be made by acomplaint committee. The complaint committee must include atleast one member who has experience as a mediator and who hasknowledge of the Standards of Conduct for Mediators. in theADR process that is the subject of the complaint.(3) c. The final decision on the complaint shall be made by the PresidingJudge or his/her designee within thirty (30) days after thecomplaint committee’s recommendation is submitted to thePresiding Judge.Proposed Changes to Local Rules of Court as of 3/13/12 - 19 -

(4) d. The Court shall send written notice of the final action taken by thecourt on the complaint to the complainant and to the mediatorADR panel member. The notice shall be sent no later than ten(10) days after the Presiding Judge or his/her designee makes afinal decision on the complaint.(5) e. After the decision on a complaint, the Presiding Judge or thedesignee selected pursuant to Rule 7d.(3) above may authorizepublic disclosure of the name of the mediator ADR panelmember against whom action has been taken, the action taken,and the general basis on which the action was taken.e. 5. All complaint procedures and complaint proceedings shall be keptconfidential. No information or records regarding the receipt,investigation, or resolution of a complaint may be open to the public ordisclosed outside the course of the complaint proceeding except asprovided in Rule 7d.(5) above or as otherwise required by law.4.3 Early Settlement Conference Program (“ESP”).A. The Early Settlement Conference Program is available as one of the Court’salternative dispute resolution programs.B. Complete information regarding the program including procedures, method ofcase selection and qualification and selection of panelists may be reviewed at theSan Francisco Law Library, BASF and the Court’s Alternative DisputeResolution Administrator’s office.C. The Early Settlement Program endeavors to bring selected cases to an earlysettlement conference before a panel of two attorneys experienced in the area ofthe law involved. Members of the panels are deemed persons presiding at aquasi-judicial proceeding within the meaning of the Evidence Code § 703.5.D. Unlimited jurisdiction cases which are not ordered to mandatory judicialarbitration or do not stipulate in writing to voluntary civil mediation, mustparticipate in the ESP.E. Attendance at the settlement conference by the attorney who will try the case ismandatory.F. Attendance at the settlement conference by the parties is mandatory. In the caseof an insured principal, the authorized representative of the insurer (other thancounsel) must attend and have settlement authority. In any professionalnegligence case in which the defendant retains the right to refuse settlement,participation of that defendant in the settlement conference is mandatory.G. The Court may exempt a case from the ESP upon submission of a writtenapplication to the Civil Case Management Department 610, with a copy to allparties and BASF, which recites facts demonstrating that the ESP would notreduce the probable time and expense necessary to resolve the dispute.H. Parties ordered to the ESP may be excused from that program upon filing awritten stipulation to mediate with the Court’s Alternative Dispute ResolutionAdministrator and delivering a copy to the BASF.Proposed Changes to Local Rules of Court as of 3/13/12 - 20 -

Nominativo busta Data orale337. PETRILLO VIOLETTA 19/12/1970 2835 12/02/2010338. PETITO CLAUDIO ANTONIO 20/04/1976 3251 12/02/2010339. PETRETTA MARIANGELA 29/03/1978 5885 12/02/2010340. PETROCCIA PASQUALINA 04/04/1972 2014 12/02/2010341. PESCE RAFFAELLA 01/03/1979 1370 12/02/2010342. PETRAZZUOLO LEONILDE 12/08/1972 1945 12/02/2010343. PETTINEO SILVIA 22/06/1979 4796 19/02/2010344. PETRUCCIANI SONIA 24/07/1975 5092 19/02/2010345. PEZONE PIETRO 04/05/1978 4417 19/02/2010346. PEZZELLA SOFIA 23/02/1979 543 19/02/2010347. PIANTADOSI PAOLA 01/11/1978 1669 19/02/2010348. PETRONE MARIA PIA 18/02/1977 5516 19/02/2010349. PICCIRILLO DANIELE 23/07/1980 2019 19/02/2010350. PINTO PAOLO 26/02/1976 5111 26/02/2010351. PICCOLO PASQUALE 23/04/1978 1954 26/02/2010352. PIGNATA DOMENICO 06/06/1974 2456 26/02/2010353. PICONE ANNA 14/02/1981 3292 26/02/2010354. PICCIRILLO PIETRO 10/05/1975 2738 26/02/2010355. PILATO MARIA 22/05/1980 5944 26/02/2010

Q. BASF must provide the Court with quarterly reports regarding the disposition ofall cases referred to the ESP by the Court. For each case, the report must includethe date of the conference and whether the case settled at the conference. Thereport must also document the disposition of any case referred by the Court whichdid not complete a settlement conference. These reports must be available forreview at BASF and the Court’s Alternative Dispute Resolution Administrator.4.4 Voluntary Arbitration.A. Parties may by written stipulation submit any civil action, regardless of theamount in controversy, to judicial arbitration. The stipulation must be filed withthe first case management statement.B. Parties may agree to submit any civil matter to either binding or non-bindingprivate arbitration.Rule 4 amended effective July 1, 2012; adopted July 1, 1998; amended effective January1, 2001; amended effective January 1, 2003; amended effective January 1, 2004;amended effective January 1, 2005; amended effective July 1, 2006; amended effectiveJuly 1, 2007; amended effective July 1, 2008; amended effective July 1, 2009; amendedeffective July 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 22 -

Rule 5 - Settlement Conference and Settlement Calendar5.0 Mandatory Settlement Conference and Settlement CalendarA. The settlement calendar is a part of the pretrial facilities of the Superior Court. Afailure of any person to prepare for, appear at or participate in good faith in asettlement conference as required by these rules and the CRC may constitute anunlawful interference with the proceedings of the Superior Court and sanctionsmay be imposed.B. Settlement conferences are mandatory in all unlimited cases with a trial timeestimate of more than one day and in unlawful detainers where there is a jurydemand. Settlement conferences may be ordered by the Presiding Judgeunder the appropriate circumstances within the Court’s discretion. LRSF5.0 applies to any settlement conference so ordered.C. In unlimited cases a mandatory settlement conference will be set within three (3)weeks of the date set for trial. Continuances may be had in the discretion of thejudge to which it has been assigned; however, no continuance by the settlementconference judge will in any way affect the trial date. In limited jurisdictionunlawful detainer actions where there is a jury demand, a mandatory settlementconference will be set prior to the date set for trial.D. C. A party to any limited or unlimited jurisdiction civil proceeding, short or longcause, may apply to the Presiding Judge for a specially set settlement conferenceby filing an ex parte application which must include a proof of service. Aresponse to the application may be filed by opposing parties within two (2) Courtdays of being served with the application. LRSF 5.0 applies to any settlementconference so ordered.E. D. Attendance at the settlement conference by the attorney who will try the case andeach party is mandatory. In the case of an insured principal, the authorizedrepresentative of the insured’s insurance company must also be present and musthave authority to settle. In any professional negligence case in which thedefendant retains the right to refuse settlement, participation of that defendant inthe settlement conference is mandatory. A request to excuse attendance of anyperson whose attendance is required by these rules must be made to the settlementconference judge or to the Presiding Judge if the settlement judge is not known.Such request must be made not less than two (2) Court days before the date set forthe settlement conference.F. E. All counsel must ascertain whether there are claims or liens which may affect asettlement and meet and confer with lien holders and request in writing that theclaimants or lien holders, or their representatives, attend the settlementconference. A copy of such written request must be attached to the settlementconference statement.G. F. The parties must undertake good faith settlement discussions. Except in limitedjurisdiction unlawful detainer actions, not less than five (5) Court days prior to thedate of the conference, plaintiff must communicate a demand for settlement todefendant, and defendant must within two (2) Court days thereafter convey toplaintiff an offer of settlement. Not less than five (5) Court days prior to theProposed Changes to Local Rules of Court as of 3/13/12 - 23 -

scheduled conference, the parties must exchange and deliver to the settlementconference judge the following items, which are not filed with the clerk's office:1. a statement describing the facts of the case and relevant legal issues andcontentions; the latest demands and offers between the parties; and in theplaintiff’s statement, the percentage of liability attributed to eachdefendant for the purpose of allocation of non-economic damages;2. a copy of the most recent medical reports;3. a summary of injuries and residuals and a statement of economic and noneconomicdamages, including medical bills, loss of earnings and otherclaimed special damages, if any; and4. the names, addresses, and specialties of any expert witness who will becalled.5. at the conclusion of the conference, the settlement statement and othermaterial furnished the court must not be made part of the clerk’s file;6. the plaintiff must include in the statement an evaluation of the percentageof liability attributed to each defendant for the purposes of allocation ofnon-economic damages; and7. a statement setting forth the latest demands and offers between the parties.H. G. A judge assigned to the Unified Family Court will prescribe the requiredprocedures for the mandatory settlement conference in contested dissolution ofmarriage cases.Rule 5 amended effective July 1, 2012; adopted July 1, 1998; amended effective January1, 2003; amended effective January 1, 2005; amended effective July 1, 2006; amended effectiveJuly 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 24 -

Rule 6 - Civil Trial Setting and Related Civil Trial Matters6.0 Civil Trial Calendar.A. Trial Calendar. The trial calendar is maintained by the Presiding Judge, andincludes all general civil cases, except unlawful detainers, in any casemanagement plan, other than cases assigned to a single judge for all purposes.(For Unlawful Detainers see Rule 8.10). The trial calendar separatelydesignates cases set for jury trial, cases set for non-jury trial, and short causes(any case with a time estimate of one day or less).B. Continuances. The Presiding Judge determines motions for continuance of acase set for trial on the trial calendar, except for unlawful detainer actions. (SeeRule 8.10). These motions must be accompanied by supporting declarations. Nomotion for continuance of a trial date may be made or heard in any otherdepartment. The Presiding Judge on stipulation of the parties may continue trialto a date convenient to the Court. Parties seeking a stipulated continuance of thetrial date must submit (1) a stipulated ex parte application establishing good causefor the continuance, including a declaration that there have been no priorcontinuances or stating the number of prior continuances, the reasons for those,and the party seeking those, (2) a stipulation by all parties, and (3) a proposedorder. No continuance will be granted except for good cause shown, such asserious accident, illness or death, or unanticipated unavailability of parties orwitnesses. Without a showing of good cause, no case will be continued on thetrial calendar on the ground that a date for a hearing in the Law and MotionDepartment or other department has not been scheduled or heard prior to the trialdate.C. Regular Assignment for Trial. All general civil cases on the trial calendar (juryand non-jury), including unlawful detainer actions, will be assigned for trial bythe Presiding Judge, Monday through Friday. The calendar for limited andunlimited jurisdiction cases is called at 9:00 a.m. The calendar for unlimitedjurisdiction cases is called at 9:30 a.m. The Presiding Judge supervises the civiltrial calendar and assigns and disposes of such cases in the manner best designedto accomplish the business of the Court. General civil cases may be assigned to aCourt Commissioner, acting as a Temporary Judge. The parties are deemed tostipulate to the Court Commissioner, acting as a Temporary Judge, for thepurposes of presiding over the trial by failing to file an objection in writing withinthirty (30) days (or five (5) days for an unlawful detainer action) of receiving thecase management conference order or notice of time and place of trial giving thefirst notice of setting of trial date.NO OTHER CHANGES TO 6.0.6.1 through 6.4 NO CHANGES6.5 Setting Unlawful Detainer Actions for Trial. This rule applies to all limited andunlimited jurisdiction unlawful detainer actions where possession remains at issue.Proposed Changes to Local Rules of Court as of 3/13/12 - 25 -

A. Memorandum to Set for Trial. A case will be set for trial only if a party files amemorandum to set for trial which has been either (1) served on all parties or (2)is unserved if accompanied by a written stipulation for setting signed by allappearing parties.B. Demand for Jury Trial - Unlawful Detainer. If a jury is demanded by anyparty in an unlawful detainer action, such demand must be made no later than five(5) days after time and place for trial is set by the clerk, if personally served withnotice, or ten (10) days if notice is mailed by the clerk of the Court. The trial dateis not affected by a jury trial demand.6.6 6.5 Default and Default Judgment.A. Due Diligence Requirement for Service of Process Prior to Entry of Default.NO CHANGESB. Entry of Default. NO CHANGESC. Default Judgment in Unlimited Jurisdiction Cases. Default judgment proveupsare heard in Department 514 on Tuesdays and Thursdays at 9:00 a.m. Partiesmust call Department 514 at (415) 551-3788 after 2:00 p.m. in order toschedule a hearing date. schedule and notice hearings within the time limitsprovided by law (see CCP §1005). File-endorsed courtesy copies of papersfiled in relation to any motion to be heard in Department 514 must be lodgedin Department 514 on the same day the papers are filed. An appearance bycounsel and a witness is required. On a showing of good cause, the witnessrequirement may be waived. A party requesting waiver of a witness at the proveuphearing must submit an ex parte request for waiver of witness, declaration insupport of request and proposed order to Department 514 at least ten (10) daysprior to the hearing.D. Default Judgment in Limited Jurisdiction Cases.1. Requests for default judgment in contract actions and unlawful detaineractions must be filed with the Court’s default unit. Requests for defaultjudgment in contract actions must be by declaration pursuant to CCP §585(d).2. Requests for default judgment in actions not based on contract are heard inDepartment 514 on Tuesdays and Thursdays at 9:00 a.m. Parties mustcall Department 514 at (415) 551-3788 after 2:00 p.m. in order toschedule a hearing date. schedule and notice hearings within the timelimits provided by law (see CCP §1005). File-endorsed courtesycopies of papers filed in relation to any motion to be heard inDepartment 514 must be lodged in Department 514 no later than five(5) court days before the hearing. An appearance by counsel and awitness is required.E. Default Judgment in Limited Jurisdiction Cases. NO CHANGESF. Attorney Compensation in Limited Jurisdiction Cases. NO CHANGESG. Dissolution Cases. See LRSF 11.15. NO CHANGESH. Default Judgment in Forfeiture Actions. See LRSF 8.8. NO CHANGESProposed Changes to Local Rules of Court as of 3/13/12 - 26 -

6.7 6.6 Temporary Judge Procedures. NO CHANGES6.8 6.7 Trial Time Limits. NO CHANGES6.9 6.8 Petitions For Appointment of Guardian Ad Litem And to Compromise Claims ofMinors or Incompetents.A. Appointment of Guardian Ad Litem. NO CHANGESB. Hearings to Approve Compromise1. Petitions to compromise are heard in Department 514 on Tuesdays andThursdays at 9:00 a.m. Counsel must call Department 514 at (415) 551-3788 after 2:00 p.m. to schedule a hearing date and to be placed oncalendar. The hearing will be scheduled at the time the petition isfiled. Counsel must lodge an endorsed copy of the petition and a proposedorder with Department 514 at least two (2) five (5) court days prior to thehearing.2. Petitions to compromise may also be heard by the department in which thesettlement was reached, at the discretion of that judicial officer. Counselmust call that department directly to determine if that department will hearthe petition.6.10 6.9 Trusts Funded by Court Order.6.11 6.10 CEQA Cases.Rule 6 amended effective July 1, 2012; adopted July 1, 1998; amended effective January1, 2000; amended effective January 1, 2001; amended effective January 1, 2004; amendedeffective January 1, 2005; amended effective January 1, 2006; amended effective July 1, 2006;amended effective July 1, 2007; amended effective January 1, 2008; amended effective July 1,2010; amended effective January 1, 2011; amended effective July 1,2011; amended effectiveJanuary 1, 2012 .Proposed Changes to Local Rules of Court as of 3/13/12 - 27 -

Rule 8 - Civil Law and Motion / Writs and Receivers and Housing Court8.0 Civil Law and Motion Departments and Housing Court. There are two Law andMotion Departments. Odd numbered cases will be heard in Department 301. Evennumbered cases will be heard in Department 302. There is one Law and MotionDepartment handling matters listed in Rule 8.1A. There is a Housing Court, whichwill hear unlawful detainer, wrongful foreclosure and wrongful eviction motions asspecified in Rule 8.10.8.1 Law and Motion Departments: Matters and Exceptions.A. In all general civil cases not assigned to a single judge, the following matters areheard in the Law and Motion Departments:1. Pretrial motions, except as specified in LRSF 8.1(B);2. Petitions to enforce, modify or vacate contractual arbitration agreementsand awards including motions to stay proceedings pending arbitration;3. Writs and Receivers matters, including:a. petitions for a writ of mandate, prohibition, alternative writ orother extraordinary relief except in cases where there is one ormore claims asserted under the California EnvironmentalQuality Act (CEQA);b. petitions to wind up a corporation, to determine corporate electionsor to appoint a provisional director, whether such corporation be aprofit or non-profit corporation;c. applications for temporary or preliminary injunctive relief; andd. applications for the appointment of a receiver, to settle finalaccounts in the receivership and to terminate the receivership.B. Non-Law and Motion Department Matters. The following matters are heard indepartments other than the Law and Motion Departments:1. Single Assignment Cases. In all general civil cases that are assigned to asingle judge pursuant to LRSF 3.2, all pretrial motions including thoseaffecting the trial date (but not discovery motions which the assignedjudge refers to a commissioner for hearing) must be calendared andheard before the judge to whom the case has been assigned;2. Motions affecting a trial date, including preference setting and short causedesignation motions, and applications for civil harassment orders, areheard by the Presiding Judge;3. Discovery and other motions assigned to be heard by commissionerspursuant to LRSF 8.9 pro tem judges are heard in the DiscoveryDepartments;4. Motions concerning judicial arbitration governed by CRC §§3.810-3.826 yCivil Case Management, Department 610;5. 4. Motions to tax costs, for new trial, and to set aside and vacate judgmentsand enter a different judgment must be heard by the judge who presided atthe trial or proceedings unless that judge is not available;Proposed Changes to Local Rules of Court as of 3/13/12 - 28 -

6. 5. Apportionment motions in asbestos cases are heard in Department 514 onTuesdays and Thursdays at 9:00 a.m. Call Department 514 at (415) 551-3788 after 2:00 p.m. to schedule a hearing date;7. 6. Applications for civil harassment restraining orders must be submitted tothe Presiding Judge, and are reviewed within 24 hours. The PresidingJudge may issue a temporary restraining order (TRO) or may direct ahearing and not issue a TRO. Hearings are held in Department 514 onWednesdays and Fridays at 9:00 a.m. by judicial officers.8. 7. Probate Law and Motion matters as set out in LRSF 14.11.8.2 Law and Motion Calendar.A. Hearing.1. Time of Hearing. All limited and unlimited jurisdiction matters are heardin Departments 301 or 302 at 9:30 a.m. Monday through Friday. Thehours time may be changed from time to time by the Judge presiding inthe respective Law and Motion Department, and notice of these hearingswill be published in the official legal newspapers and posted in the CivicCenter Courthouse.. 2. Selection of Date.a. Parties must schedule and notice hearings within the time limitsprovided by law, e.g., CCP § 1005. Shorter time limits mayapply to unlawful detainer actions. Parties should confer withall other parties before scheduling and noticing a hearing.b. Notice of Suspension of Local Rule 8.2(A)(2)(b) – EffectiveJanuary 1, 2010, Local Rule 8.2(A)(2)(b) will be suspendeduntil further notice. To obtain a hearing date for any nonasbestosLaw and Motion matter, schedule and notice hearingsaccording to previous local rule 8.2(A) et seq. requirements.Asbestos Law and Motion matters should also be scheduledand noticed according to previous local rule 8.2(A) et seq,. butare heard every Tuesday, Wednesday, and Thursday at 9:30a.m. in Department 220 503.c. Since a file cannot be reviewed by two judges at the same time,parties must not notice motions in the same case in differentdepartments for the same date. Nor may Aa motion may not benoticed in a Law and Motion Department on or after the date setfor trial.d. Failure to comply with any part of this subsection may result in thematter being placed off calendar.3. Appearance by Telephone. (CRC §3.670). See LRSF 3.4 (F). Partiesmay appear by telephone at all hearings unless such permission isexpressly denied by the judicial officer presiding over the hearing.Telephone appearances must be arranged through Court Call bycalling 1-888-88-COURT.Proposed Changes to Local Rules of Court as of 3/13/12 - 29 -

B. Continuances and Motions Off Calendar.1. Informing the Court. If parties stipulate to continue a motion, theparty seeking the continuance must personally or telephonicallyinform the Court clerk as soon as possible, and in any event, no laterthan 3:00 p.m. two (2) Court days preceding the hearing. Only twocontinuances will be granted based on stipulation. Furthercontinuances may be granted only upon ex parte appearance and ashowing of good cause in writing. A request that a motion be takenoff calendar or that a hearing be continued to a later date must bemade by email, with a copy to all other parties, tocalendar302@sftc.org. The request must include the name of theparty making the request, the name of the person making the requeston behalf of the party, the case number, and the current date of thehearing. If the request is to continue the motion to a later date, therequest must state that all parties affected by the motion have agreedto the new date. If a party requesting that a motion be taken offcalendar or that a hearing be continued to a later date does not haveemail access, the party may, in lieu of email, provide all of theforegoing information in a letter personally delivered to the Law andMotion department. No continuances will be granted on the date set forhearing except upon a personal appearance and a showing of good causein writing. The judge hearing the matter has discretion concerningcontinuances, including the right to deny continuances, to rule, or to takethe matter off calendar at any time despite agreement of the parties to thecontrary.2. Motions Off Calendar. Matters cannot be taken off calendar after 2:00p.m. noon the Court day before the hearing.3. By Telephone - Requirements. A continuance will not be granted bytelephone unless the attorney or self represented litigant personallycalls and represents that he or she has spoken to opposing parties andpro pers and that they have agreed to the continuance. A follow-upletter or stipulation confirming the telephone continuance must besubmitted to the Court.4. 3. Renoticed Motions. A motion which has been taken or ordered offcalendar may be rescheduled for hearing only by written notice served incompliance with CCP § 1005. If a motion previously has been noticed forhearing, a notice rescheduling the hearing for another date must specifythe date on which the matter originally was scheduled to be heard.5. 4. Improper Noticing. Matters noticed for hearing on an official Courtholiday will not be continued to the following day on the Court’s ownmotion or pursuant to stipulation. If a party should so notice a motion,counsel should arrange to continue it by stipulation to a different date, orrenotice the matter.Proposed Changes to Local Rules of Court as of 3/13/12 - 30 -

8.3 Tentative Rulings.A. The San Francisco Superior Court adopts CRC §3.1308 as the tentative rulingprocedure in civil law and motion and discovery matters.B. Parties may obtain a tentative ruling issued by the Law and Motion and DiscoveryDepartments by telephoning (415) 551-4000 or visiting the court’s website atwww.sfsuperiorcourt.org and clicking the online services link. Changes intelephone numbers will appear in the official newspapers. Tentative rulings forthe Discovery Department may also be obtained at (415) 551-4000.C. Parties are not required to submit by telephone. A party who fails to appear atthe hearing is deemed to submit to the tentative ruling. However, no party maysubmit to a tentative ruling that specifies that a hearing is required.D. Parties who intend to appear at the hearing must give notice to opposing partiesby telephone and the court promptly, but no later than 4:00 p.m. the day beforethe hearing unless the tentative ruling has specified that a hearing is required.Notice of contesting a tentative ruling must be provided by sending an emailto the court to contestdept302tr@sftc.org with a copy to all other partiesstating, without argument, the portion(s) of the tentative ruling that theparty contests. A party may not argue at the hearing if the opposing party is notso notified and the opposing party does not appear.E. If no party appears, or if a party does not appear because the opposing party failedto give sufficient notice of intent to argue, then the tentative ruling will beadopted.F. Tentative rulings are generally available by 3:00 p.m. the day before the hearing.A tentative ruling that does not become available until after 3:00 p.m. is a latetentative ruling. A late tentative ruling will indicate that the ruling is late. If atentative ruling is late, the parties must appear unless all parties agree to submit toa late tentative ruling in which case the Court will adopt the late tentative rulingpursuant to subsection E above.G. The prevailing party on a tentative ruling is required to prepare a proposedorder repeating verbatim the substantive portion of the tentative ruling andmust bring the proposed order to the hearing even if the motion is notopposed or the tentative ruling is not contested. If the prevailing party isappearing at the hearing by telephone, the proposed order may be sent to thecourt by an email to contestdept302tr@sftc.org. If the proposed order is for asummary judgment and/or adjudication motion, the proposed order mustcomply with the requirements of CCP §437c(g). If the proposed order is fora motion, such as a motion to withdraw as counsel, where there is a JudicialCouncil form order, the prevailing party should complete the JudicialCouncil form as the proposed order.8.4 Responsibility for Notice of Rulings and Orders (CRC §3.1312).A. Orders and Other Documents Requiring Signature of the Judge. All ordersand other documents requiring signature of the Judge must be deposited in the inbox,and picked up after signature from the out-box, in the respective Law andMotion Department.Proposed Changes to Local Rules of Court as of 3/13/12 - 31 -

B. Filing and Service of Orders. All written orders, including orders to showcause, temporary restraining orders and injunctions, signed by a Judge, must befiled immediately. A file-endorsed copy of such order must be served upon allother parties.C. Orders and Judgments by Stipulation. Whenever any order or judgment is tobe made by stipulation, it must be upon consent of all of the parties, either:1. expressed by the parties in open Court and entered in the minutes of theCourt, or2. upon written stipulation signed by all parties to the action and filed withthe clerk.8.5 Amendments (CRC §3.1324). The moving party must bring the executed original of theamendment or amended pleading to the hearing on the motion.8.6 Evidence at Hearing and Judicial Notice (CRC §3.1306).A. San Francisco Court Files. A party requesting judicial notice of a SanFrancisco Superior Court file must file a separate document with thedepartment in which the matter is noticed at least five (5) days before thehearing, requesting the clerk of the department to order delivery of the filefor the hearing. A party requesting judicial notice of any documents thathave been filed in a San Francisco Superior Court case must attach copies ofthose documents to the party’s Request for Judicial Notice.B. Other Court Files. A party requesting judicial notice of part of a file ofanother Court must attach to the moving papers a certified copy of thepapers the party requests be judicially noticed. A party requesting judicialnotice of any documents that have been filed in a court file other than theSan Francisco Superior Court must attach certified copies of thosedocuments to the party’s Request for Judicial Notice.C. Administrative Record. A party intending to use an administrative record in acase brought under CCP § 1094.5 must lodge the record in the department inwhich the matter will be heard at least five (5) Court days before the hearing.D. A Request for Judicial Notice is not necessary for the purpose of bringing theCourt’s attention to the fact that documents, including orders, have been filed inthe same case.8.7 Motions for Summary Judgment and Summary Adjudication (CRC §§3.1030-3.1354).A. Summary Judgment / Adjudication Motions.1. Summary judgment/adjudication motions (except in cases assigned to asingle judge) are heard in the Law and Motion Departments.2. If a summary judgment/adjudication motion in an unlawful detaineraction is personally served, it must be filed with the Court and servedat least five (5) days prior to the hearing. If the motion is served bymail, it must be served at least ten (10) days prior to the hearing andfiled with the Court five (5) days prior to the hearing. If the partyProposed Changes to Local Rules of Court as of 3/13/12 - 32 -

opposing the motion intends to file a written opposition later thannoon on the court day before the motion, the party must so advise theappropriate department of the Court by noon on that day and mustotherwise comply with the requirements of CRC 3.1351(c). If theparty opposing the motion intends to make the opposition orally at thehearing, then, no later than noon on the court day before the hearing,the party must so notify the Court by a telephone call to the clerk inthe appropriate department and also so notify the opposing party.The Court will tentatively grant a motion for summaryjudgment/adjudication as unopposed unless the party has given thenotice to the Court required in the preceding two sentences. Partiesplanning to proceed under CRC 3.1351(b) must also comply withCRC 3.1306, including its requirement that evidence be in writtenform absent a contrary Court order.B. Proposed Orders. A party moving for or opposing summary judgment orsummary adjudication must bring to the hearing a proposed form of order thatcomplies with CCP § 437c(g).8.9 Examination of Judgment Debtor and Others.A. Requirements for all Applications. All applications for orders for theappearance and examination of judgment debtors or other persons must be inwriting and presented to the order of examination clerk in Room 103 pursuant toCCP §§ 708.110 et seq. All such orders must be made returnable to Department514 on any Monday through Friday Tuesday, Wednesday or Thursday at 2:00p.m.NO OTHER CHANGES TO 8.9.8.10 [NEW] Housing Court. All the matters not specifically addressed by the HousingCourt Rules are governed by the relevant provisions outlined in other parts of the LRSFe.g., for Continuances and Motions Off Calendar see LRSF 8.2B.A. Motions.1. All unlawful detainer, wrongful foreclosure and wrongful evictionmotions, including discovery not handled via pro tempore system andmotions to continue trial for unlawful detainers, will be heard at 9:30 a.m.Monday through Friday (except holidays).2. Courtesy copies must be delivered to Housing Court in Department 501 onthe date of filing by the moving party and not later than one day before thehearing by the opposing party. Failure to deliver courtesy copies mayresult in the matter being taken off calendar. (See Rule 2.6).3. The word “Discovery” must be typed on the title page of all papers relatedto Discovery.4. Requests for telephonic appearances shall be made pursuant to CRC§3.670. (See LRSF 3.4(F)). No telephonic appearances are allowed onDiscovery matters.Proposed Changes to Local Rules of Court as of 3/13/12 - 33 -

5. Reserving a date prior to filing is not required; however, there is a limit offive Discovery Motions per day. Parties must schedule and notice hearingswithin the time limits provided by law e.g., CCP §1005, §1167.4. § 1170,etc.B. Tentative Rulings.1. Parties may obtain a tentative ruling issued by the Housing Court bytelephoning (415) 551-4000. Changes in telephone number will appear inthe official newspapers.2. Parties are not required to submit by telephone. A party who fails toappear at the hearing is deemed to submit to the tentative ruling. However,no party may submit to a tentative ruling that a hearing is required.3. Parties who intend to appear at the hearing must give notice to opposingparties by telephone promptly, but no later than 4 p.m. the day before thehearing unless the tentative ruling has specified that the hearing isrequired. A party may not argue at the hearing if the opposing party is notso notified and the opposing party does not appear.4. If no party appears, or if a party does not appear because the opposingparty failed to give sufficient notice of intent to argue, then the tentativeruling will be adopted.5. Tentative rulings are generally available by 3:00 p.m. the day before thehearing. A tentative ruling does not become available before 3:00 p.m. is alate tentative ruling. A late tentative ruling will indicate that the ruling islate. If a tentative ruling is late, the parties must appear unless all partiesagree to submit to a late tentative ruling in which case the Court will adoptthe late tentative ruling pursuant to subsection 4 above.C. Ex-Parte Motions.1. Requests for Stays of execution in Unlawful Detainer Cases.a. Ex-parte applications for stays of eviction and accompanying ordersshortening time for motions to vacate judgment shall be heard ONLYat 11 a.m. on Tuesdays.b. Generally, only one request for stay of execution will be grantedper case.c. Generally, stays of execution will be limited to seven (7) days fromthe date of eviction,d. Generally, no stay of execution will be granted in cases settled byagreement or stipulation among the parties unless the parties haveagreed otherwise in writing or good cause is shown.2. All other Housing Court ex-parte motions (excluding requests for stays ofexecution) shall be heard at 11 a.m. every day EXCEPT Tuesdays.3. A party presenting an ex parte application for a temporary restrainingorder or similar matter to the Housing Court must submit file-endorsedcopies of all moving papers to Department 501 no later than 4:00 p.m.before the day of the hearing.D. Applications for Leave to Serve a Summons by Posting.Proposed Changes to Local Rules of Court as of 3/13/12 - 34 -

1. An application for leave to serve a summons in an action for unlawfuldetainer by posting, pursuant to CCP §415.45 must be made to theHousing Court Judge in Department 501.2. File endorsed copies of the application, supporting declarations and two(2) copies of the proposed order must be delivered to the Housing Court inDepartment 501. Failure to comply might result in the application beingdenied.E. Proposed Orders. With the exception of proposed orders for motions forsummary judgment/adjudication, it is recommended that parties appear at thehearing with proposed orders even if the hearing is uncontested to ensure timelyprocessing of the order. Orders submitted after the session is over may experiencea delay in processing. When submitting a proposed order after the session is over,submit an original, one copy, and a self-addressed stamped envelope. (See CRC§2.100-2.119).F. Unlawful Detainer Settlement Conferences.1. The settlement calendar is a part of the pretrial facilities of the SuperiorCourt. A failure of any person to prepare for, appear at or participate ingood faith in a settlement conference as required by these rules and theCRC may constitute an unlawful interference with the proceedings of theSuperior Court and sanctions may be imposed.2. Settlement conferences are mandatory in unlawful detainers where there isa jury demand. A mandatory settlement conference will be set prior to thedate set for trial.3. A party to unlawful detainer actions may apply to the Housing Court for aspecially set settlement conference by filing an ex parte application whichmust include a proof of service. A response to the application may be filedby opposing parties within two (2) Court days of being served with theapplication. LRSF 5.0 applies to any settlement conference so ordered.4. Attendance at the settlement conference by the attorney who will try thecase and each party is mandatory. A request to excuse attendance of anyperson whose attendance is required by these rules must be made to theHousing Court. Such request must be made not less than two (2) Courtdays before the date set for the settlement conference.5. Unlawful Detainer Settlement Conferences will be held at 1:30 p.m. onWednesdays and Thursdays in Housing Court, Department 501.6. Plaintiffs or their counsel must bring copies of the operative Complaintand Answer(s) to the Settlement Conference.G. Unlawful Detainer Trial Calendar.1. Trial Calendar. The trial calendar for unlawful detainer cases ismaintained by the Housing Court at 9:00 a.m. at Department 501. The trialcalendar separately designates cases set for jury trial and cases set for nonjurytrial.2. Setting Unlawful Detainer Actions for Trial. This rule applies to alllimited and unlimited jurisdiction unlawful detainer actions wherepossession remains at issue.Proposed Changes to Local Rules of Court as of 3/13/12 - 35 -

shall be maintained or delivered to the Clerk of the Court in paper and/orelectronic form after the hearing.Rule 8 amended effective July 1, 2012; adopted July 1, 1998; amended effective January1, 2000; amended effective January 1, 2001; amended effective July 1, 2006; amended effectiveJuly 1, 2008; amended effective July 1, 2009; amended effective January 1, 2010; amendedeffective July 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 37 -

Rule 9 – Ex Parte Applications (CRC §§3.1200-3.1207)9.0 Ex Parte Applications.A. Law and Motion, Discovery and Housing Court Hearing Times. Ex parte hearings inLaw and Motion, Discovery and Housing Court matters are held at 11:00 a.m. Mondaythrough Friday (except that applications for unlawful detainer stays of execution areheard only on Tuesdays).B. Temporary Restraining Orders and Writs and Receivers Matters Heard in the Lawand Motion Department and Housing Court. A party presenting an ex parteapplication for a temporary restraining order, alternative writ, appointment of a receiveror similar matter must schedule the hearing with the Court clerk. For Law and Motionand Discovery Departments call: 415-551-3823 at least 24 hours in advance of theproposed hearing date. For Department 301 matters call: (415) 551-3720. ForDepartment 302 matters call: (415) 551-3823. For Housing Court see Rule8.10(C)(3). File-endorsed copies of all moving papers must be submitted to the clerk inthe appropriate Law and Motion department no later than two (2) hours prior tohearing.C. Time for Hearing Ex Parte Applications heard by the Presiding Judge The PresidingJudge hears ex parte applications at 11:00 a.m. Tuesday through Friday, unless Mondayis a holiday in which event ex parte applications are heard at 11:00 a.m., Wednesdaythrough Friday. However, applications for civil harassment temporary restraining ordersand/or orders to show cause may be presented Monday through Friday between 9:00 a.m.and 4:30 p.m.D. Civil Case Management Department Ex Parte Applications. See LRSF 3.8.E. Discovery Departments Ex Parte Applications. See LRSF 10 (C.2). All ex parteapplications concerning any civil discovery matters are heard in the Law andMotion department at 11:00 am Monday through Friday.F. Family Law Ex Parte Applications. See LRSF 11.8.G. Probate Ex Parte Applications. See LRSF 14.20 14.14.H. Requests for Stays of Execution in Unlawful Detainer Cases.1. Applications for stays are heard only on Tuesdays at 11:00 a.m. in the designatedLaw and Motion Department.2. Generally, only one request for stay of execution will be granted per case.3. Generally, stays of execution will be limited to seven (7) days from date ofeviction.4. Generally, no stay of execution will be granted in cases settled by agreement orstipulation among the parties unless the parties have agreed otherwise in writingor good cause is shown.I. H. Miscellaneous Ex Parte Applications Heard in the Law and Motion Departments.The following applications are heard in the Law and Motion Departments at the timesspecified in subparagraph A above.1. Application for order to show cause re contempt of a non-party;2. Application for an order to show cause re contempt for failure of a judgmentdebtor to appear pursuant to an order of examination. However, see LRSF 8.9(F, K).Rule 9 amended effective July 1, 2012; adopted July 1, 1999; amended effective January1, 2004; amended and renamed effective July 1, 2006; amended effective January 1, 2008.Proposed Changes to Local Rules of Court as of 3/13/12 - 38 -

Rule 10 – Discovery and Civil Miscellaneous Civil Discovery and Other Matters Heard inthe Civil Discovery Department.10.0 Discovery and Other Hearings by Commissioners in the Civil DiscoveryDepartment.A. The following matters are heard in the Discovery Departments:1. Discovery Matters. Discovery matters in limited and unlimitedjurisdiction cases (except cases assigned to a judge for all purposes andcases assigned to a department for trial, unless the assigned judgedetermines otherwise) are heard in the Discovery Department. arepresided over by commissioners sitting as temporary judges or by anyother judicial officer assigned by the Presiding Judge. Discoverymatters include the following:a. all matters arising under or related to the Civil Discovery Act(CCP §§ 2016 et seq.) except civil contempt by a nonparty. In thecase of civil contempt by a nonparty, the order to show cause isobtained and the hearing is set in the Law and Motion Department;b. matters relating to the production and preservation of evidencearising under the production of evidence provisions (CCP §§ 1985et seq.);c. matters relating to discovery arising under judicial arbitrationprovisions (CCP § 1141.24) including the cutoff and reopening ofdiscovery;d. motions for the discovery of information relating to punitivedamages pursuant to Civil Code § 3295(c);e. matters relating to the appointment of a referee for the conduct ofdiscovery proceedings (CCP §§ 638 et seq.);f. post-judgment discovery motions.2. Pretrial Motions.a. Writs of Attachment. All matters, including temporary restrainingorders, claims of exemption and third party claims arising under orrelating to the attachment provisions (CCP §§ 481.010 et seq.)b. Claim and Delivery of Personal Property (CCP §§ 511.010 et seq.)3. Post Trial Motions. All matters, other than contempt proceedings,relating to or arising under the Enforcement of Money Judgmentsprovisions (CCP §§ 695.010 et seq.). Such matters include homeownersexemptions, claims of exemption and third party claims.4. Presiding Judge’s Discretion Concerning Assignment. The PresidingJudge may assign additional motions to the Discovery CommissionersDepartment, and the Presiding Judge may order that matters otherwiseassigned to the Discovery Commissioners Department be assigned to adifferent department. If the Presiding Judge orders that the motionscurrently assigned to Discovery Commissioners Department be heard inthe Law and Motion departments, Rule 10 will be suspended, and suchmatters will be assigned and heard pursuant to Rule 8 and Rule 9; exceptProposed Changes to Local Rules of Court as of 3/13/12 - 39 -

that matters arising in Probate, Family Law, or singly-assigned cases mustbe noticed and will be heard by the assigned probate, family law, or trialjudge. A party wishing an official transcript of a hearing on a mattertransferred to a the Law and Motion department pursuant to this rule mustobtain the services of a certified reporter to attend and report the hearingpursuant to CRC 2.956(c). Notwithstanding the suspension of otheraspects of Rule 10, the provisions of Rule 10.0.D. concerningstipulation to Commissioners will remain in effect for all matterspreviously heard in the Discovery Department should the PresidingJudge assign any such matters to a Commissioner.B. Assignment by Case Number to a Department. Discovery DepartmentMotions May Be Heard by Temporary Judges.1. Except as provided in subsection B(2) and B(3) below, all oddnumberedcases are assigned to Department 612, and all evennumberedcases are assigned to Department 610. However, if thePresiding Judge has determined that a case is related to another caseor cases, all such related cases will be assigned to the discoverydepartment to which the earliest-filed case has been assigned, or asthe Presiding Judge may direct. Consolidated cases are heard in thediscovery department to which the lowest-numbered case is assigned.The commissioner sitting in the department to which a case isassigned under this rule is referred to as the "assigned commissioner"and acts as a temporary judge. At the discretion of the PresidingJudge or his or her designee, some or all of the matters assigned to theDiscovery Department may be heard by a member of the CaliforniaState Bar who meets all the requirements set forth in CRC 2.812 toserve as a temporary judge. Prior to the hearing on any motionassigned to be heard by a Temporary Judge, all parties to the motionwill be asked if they will sign a stipulation agreeing that the motionmay be heard by the Temporary Judge. If all parties to the motionsign the stipulation, the hearing will proceed before the TemporaryJudge who will decide the motion with the same authority as aSuperior Court Judge. If a party appears by telephone, the stipulationmay be signed via fax or consent to sign may be given by email. If aparty does not appear at the hearing, the party will be deemed to havestipulated that the motion will be decided by the Temporary Judgewith the same authority as a Superior Court Judge. If not all partiesto the motion sign the stipulation, the Temporary Judge will hold ahearing and issue a report and recommended ruling to the Law andMotion Department and the judge presiding in the Law and MotionDepartment will, at a later date, hold a hearing on the motion anddecide it.2. If a party in good faith believes that a particular motion should beheard within a certain time, and the assigned commissioner isProposed Changes to Local Rules of Court as of 3/13/12 - 40 -

unavailable to hear the motion within such time, the party may set thematter to be heard by another commissioner, submitting a declarationstating the reasons that the motion should be heard within that timeframe by another commissioner. The commissioner may either hearthe motion or, upon finding that the matter should properly be heardby the assigned commissioner, order that the hearing take placebefore the assigned commissioner on another date.3. In cases assigned to a single judge, the judge may order that alldiscovery motions, or designated discovery motions, be heard by acommissioner rather than by the judge.C. Calendaring.1. Noticed motions. All noticed motions to be heard in the discoverydepartment, and ex parte applications for writs of attachment, writsof possession, and protective orders, must be calendared with theclerk in the Discovery Department between the hours of 9 a.m. and 12Noon, Monday through Friday, by calling (415) 551-3688. Hearingswill be scheduled at either 9:00 a.m. or 10:30 a.m., Monday throughFriday. Current calendaring information and commissionerassignments are available in the San Francisco legal newspapers.Reservations are not required to calendar a discovery motion. Aparty filing a motion to be heard in the Discovery Department mayselect a hearing date after conferring with all opposing parties in aneffort to choose a date that is mutually agreeable to all parties affectedby the motion. Noticed motions are heard Monday through Friday at9:00 am.2. Ex parte applications. Ex parte applications (except ex parteapplications for writs of attachment, writs of possession andprotective orders) are heard at 11:30 a.m., Monday through Friday.The moving party should appear in Room 633 with proof that noticehas been given in conformity with CRC rule 3.1204, a file-endorsedcopy of the application and supporting papers, and a separateproposed order. The moving party must attempt to obtain astipulation from opposing counsel regarding the relief requested.D. Stipulation to Commissioners.1. A party is deemed to stipulate that all matters heard in the DiscoveryDepartment may be heard and disposed of by a Commissioner, acting as atemporary judge, by failing to file an objection in writing within thirty(30) days after the first pleading is filed in the action by that party, or atthe first hearing on a motion heard in the Discovery Department, if heardbefore the expiration of the thirty (30) days.2. A party refusing to stipulate to a hearing before a commissioner acting asa temporary judge may:a. submit the motion on the papers without oral argument, orb. present oral argument before the commissioner. Without furtherbriefing or oral argument, the law and motion judge, or anotherProposed Changes to Local Rules of Court as of 3/13/12 - 41 -

judge assigned to hear the matter, must make a determination onthe motion and issue an order.E. D. Court Reporters. Departments 610 and 612 do The Discovery Departmentdoes not provide the services of a certified Court reporter. To obtain a reporter ora recording of the proceedings to provide an official verbatim transcript, the partydesiring a recording or official verbatim transcript must obtain the services of acertified reporter to attend and report the hearing as set forth in CRC §2.956.F. Informal Resolution of Discovery Disputes. If during the course of a depositionor other discovery a dispute arises that cannot be resolved after good faith effortsby the parties, a party may initiate a conference call to the assigned commissioner.If the assigned commissioner is available, an informal telephonic conference maybe held in an attempt to resolve the dispute. If the assigned commissioner is notavailable and all parties present at the deposition so agree, the parties may initiatea conference call to the other commissioner in the Discovery Department in anattempt to resolve the dispute.G. E. Identification of Papers. The word “DISCOVERY’ must be typed in capitalletters on the title page of all papers relating to motions heard in Departments610 and 612 the Discovery Department. Such papers should not be combinedwith papers relating to motions to be heard in other departments.10.1 Interpreters.A. Notice. A party desiring to use an interpreter must give notice to the Court and allother parties. That party must make arrangements for the presence and thepayment of the interpreter.B. Qualifications. Unless the interpreter is an Official Court Interpreter, theinterpreter's name and qualifications must be provided to the Court and opposingcounsel five (5) Court days prior to the date of the interpreter's appearance.Otherwise no prior disclosure is required.10.2 Custody of Papers; Removal of Exhibits. No papers, documents or exhibits on file inthe office of the clerk of this Court may be taken from the custody of the clerk except asset forth here. A judicial officer may order any exhibit be returned to the witness or partyby whom it was produced, after the substitution of a photostat copy therefore. The ordermay dispense with such substitution (1) in the case of an original record, paper or objecttaken from the custody of a public officer which is being returned to that officer, or (2) inthe case of an exhibit used only against a party whose default has been entered, or (3)when a photostat copy is impracticable, in which case a receipt must be given, or (4) bystipulation. The application for such an order must be supported by a declaration statingall the pertinent facts, except where it is made on stipulation.Rule 10 amended effective July 1, 2012; adopted July 1, 1998; amended effective July 1,2001; amended effective January 1, 2003; amended effective July 1, 2006; amended effectiveJuly 1, 2008; amended effective January 1, 2010; amended effective January 1, 2011; amendedeffective July 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 42 -

Rule 11 – Family Law11.0 General Rules. This rule supersedes all prior Local Rules and Family Law StandingOrders issued before January July 1, 2012 statutory references are to California Codes.11.1 Unified Family Court. The Unified Family Court (UFC) consists of four divisions: (1)Family Law; (2) Child Support; (3) Juvenile Dependency; and (4) Juvenile Delinquency.This rule applies to all matters filed in the Family Law or Child Support Divisions, exceptwhere otherwise noted. The Office of the Court Clerk for the Family Law and ChildSupport Divisions is located in Room 402 of the Civic Center Courthouse, 400McAllister Street (at Polk Street), San Francisco. The Family Law calendar times areposted online at http://www.sfsuperiorcourt.org.11.2 through 11.4 NO CHANGES11.5 Use of Judicial Council and Local San Francisco Unified Family Court (“SFUFC”)Forms. All pleadings must be filed on approved Judicial Council forms. In addition,these local rules require specific local forms. All references to Judicial Council formsappear in capital letters. Local forms are referred to as “SFUFC” Forms and arenumbered for reference. Copies of Judicial Council and SFUFC forms are available fromthe Self Help Center of the Superior Court, Room 009 509, 400 McAllister Street, SanFrancisco; the Office of the Court Clerk, Room 402, 400 McAllister Street, SanFrancisco; or, on-line at http://www.sfsuperiorcourt.org. Judicial Council forms may alsobe found on-line at www.courtinfo.ca.gov.11.6 Rules Specific to Child Custody and Visitation Matters.A. Trial Setting. A Court order is required to set child custody and child visitationmatters. That order may be requested by the filing of a REQUEST FOR ORDER.B. Communication with Minor Children. Attorneys representing parents in childcustody and/or child visitation matters will have no direct contact with the minorchildren who are the subject of the litigation.C. Participation of Children in Orientation, Mediation and Court Proceedings.Children are not permitted to attend orientation or mediation sessions. A minor maygive his or her input to the court, pursuant to CRC §5.250. or any court hearings.However, a mediator may interview a minor child at the mediator’s discretion, or bycourt order. Absent good cause, judges and commissioners will not interviewchildren.NO OTHER CHANGES TO 11.6.11.7 Law and Motion and Readiness Calendars. Parties may file a REQUEST FOR ORDERinvolving child custody and visitation and financial matters. The Court will schedulethese matters as follows: 1) Matters involving only child custody and visitation will bescheduled on the Readiness Calendar; 2) Matters involving only financial issues will bescheduled on the Law and Motion Calendar; 3) Matters involving both child custody andvisitation issues and financial issues first will be scheduled on the Readiness Calendar; atProposed Changes to Local Rules of Court as of 3/13/12 - 43 -

the Readiness Calendar, the Court will set hearings for both the custody and visitationand the financial matters.A. Pleadings. Failure to use Judicial Council forms and/or incomplete filings may result inthe summary denial of the relief sought. A REQUEST FOR ORDER must may include acompleted Judicial Council form, APPLICATION FOR ORDER AND SUPPORTINGDECLARATION and may include a MEMORANDUM OF POINTS AND AUTHORITIES. Allresponses must include a RESPONSIVE DECLARATION TO REQUEST FOR ORDER and mayinclude a MEMORANDUM OF POINTS AND AUTHORITIES. Responses may request reliefrelated to the orders requested in the REQUEST FOR ORDER. Unrelated relief must besought by filing a separate REQUEST FOR ORDER. NO OTHER CHANGES TO 11.7.A.B. Child Custody and Visitation Matters: Readiness Calendar. NO CHANGESC. Child Custody and Visitation Matters: Requirement to Attend the ReadinessCalendar Orientation and Mediation.1. Readiness Calendar Orientation Session. Orientation sessions are conductedevery Monday immediately following the Readiness Calendar. Parties mustproceed from the Readiness Calendar to orientation. Parties should be prepared tostay until noon to complete this orientation. Interpreters may not accompany partiesto orientation.2. Required Mediation. Unless otherwise ordered by the Court, all parties, exceptthose that have attended four private mediation sessions within the prior year, mustparticipate in mediation before the Court will hear the matter. The first mediationsession of the case will be confidential mediation. The Court may order that nonconfidentialmediation services be provided after the conclusion of a confidentialmediation, per LRSF 11.16B.a. Confidential Mediation. The mediator conducting a confidential mediationwill not make a report or recommendation to the Court except as follows: NOCHANGESb. Attendance and Participation of Parties. The Court may sanction any partywho fails to attend mediation. Sanctions may include, but are not limited to,monetary fines, denial of relief sought, dismissal of the REQUEST FOR ORDERTO SHOW CAUSE or NOTICE OF MOTION, entry of substantive orders, orcontempt.NO OTHER CHANGES TO SECTION C.D. Court Hearings.1. Hearing Dates.a. Child Custody and Visitation Matters. A REQUEST FOR ORDER involvingchild custody or visitation will first appear on the Readiness Calendar inDepartment 403 or 404 at 8:45 a.m. on Monday morning. At the ReadinessCalendar, parties will be assigned dates for Mandatory Mediation and asubsequent Court hearing. Those subsequent Court hearings are held onTuesday and Thursday mornings at 9:00 a.m. with the exception of formerjuvenile dependency cases which are heard on Mondays at 9:30 a.m. At theCourt’s discretion, the hearing may also be set on the Self Represented LitigantsCalendar on Thursdays at 1:30 p.m. in Department 405.Proposed Changes to Local Rules of Court as of 3/13/12 - 44 -

. Financial and Other Matters. A REQUEST FOR ORDER involving non-custodyor non-visitation issues will be assigned a date for Court hearing upon filing.Those hearings are held on Tuesday and Thursday mornings at 9:00 a.m.NO OTHER CHANGES TO 11.7.11.8 Other Procedures.A. Ex Parte Orders. NO CHANGES1. Temporary Restraining Orders in Matters of Domestic Violence. NOCHANGES2. No Notice Required. NO CHANGES3. Notice Required. NO CHANGESa. Types of Requests. NO CHANGESb. Filing of Ex Parte Application. NO CHANGESc. Notice Requirements. NO CHANGESd. Proof of Notice Requirements. NO CHANGESe. Pleading Requirements. NO CHANGESf. Service of Pleadings. NO CHANGESg. Hearing Dates. Departments 403, and 404 and 416 hear ex parteapplications daily at 8:30 a.m.. Department 416 hears ex parteapplications daily at 9:00 a.m.h. Hearing Procedures. The Court will decide the ex parte application onthe pleadings. The Court, in its sole discretion, may conduct some or allof the ex parte proceedings in open Court, or on the record.NO OTHER CHANGES TO 11.8.11.9 Domestic Violence Calendar.A. Family Law Examiner. NO CHANGESB. Ex Parte Application for Temporary Restraining Order. NO CHANGESC. Service of Temporary Restraining Order. NO CHANGESD. Failure to Timely Serve Restrained Party. NO CHANGESE. Reissuance of Temporary Restraining Order. In the event that personal servicecannot be completed prior to the date ordered in the TEMPORARY RESTRAININGORDER, the party seeking the restraining order may request that the Court reissue theTEMPORARY RESTRAINING ORDER. The party unable to effect service must appear atthe Court hearing and request additional time to serve the restrained person or mayrequest reissuance of a TEMPORARY RESTRAINING ORDER by filing a DV-125 DV-115: REQUEST TO CONTINUE COURT HEARING OR AND REISSUE TEMPORARYRESTRAINING ORDER form in the Office of the Court Clerk. A reissuance must berequested before the expiration of the TEMPORARY RESTRAINING ORDER. If thereissuance is not submitted prior to the expiration of the TEMPORARY RESTRAININGORDER and the party requesting the restraining order fails to attend the Court hearing,the TEMPORARY RESTRAINING ORDER will be automatically dissolved.Proposed Changes to Local Rules of Court as of 3/13/12 - 45 -

F. Reapplication for Temporary Restraining Order. If the party seeking a restrainingorder fails to obtain an ORDER FOR NEW HEARING DATE ON REQUEST FORCONTINUANCE OR NOTICE ON NEW HEARING AND ORDER ON Rreissuance prior tothe expiration of a TEMPORARY RESTRAINING ORDER and fails to attend the Courthearing to request such a reissuance, in order to obtain protection, the party seeking arestraining order must file a new request including all completed forms previouslyfiled.G. Hearing Procedures. All restraining order requests filed pursuant to theDomestic Violence Prevention Act are heard on Wednesdays. Matters in whichthe parties have minor children in common are calendared one-half hour before mfor 8:30 a.m.. Matters in which the parties do not have minor children in common.are calendared for 9:00 a.m.H. Children in Common: Mandatory Mediation. NO CHANGESI. Criminal History Search. NO CHANGESJ. Restraining Order After Hearing. NO CHANGESK. Service of Restraining Order After Hearing. NO CHANGESL. Dismissal or Modification of Restraining Order. NO CHANGES11.10 through 11.11 NO CHANGES11.12 Status Conference Calendar.A. Purpose of Status Conference. NO CHANGESB. Status Conference Dates. A status conference date will be scheduled upon the filingof a FAMILY LAW AT-ISSUE MEMORANDUM and the required Declaration (See LRSF11.11(A)). Status Conference Calendars are held in Departments 403 and 404 everyMonday at 10:00 a.m.C. Filing of Status Conference Statement. NO CHANGESD. Appearances at Status Conference. NO CHANGESE. Stipulation to Present Testimony by Declaration. NO CHANGES11.13 through 11.14 NO CHANGES11.15 Default and Uncontested Calendar.A. Procedures Applicable to Default and Uncontested Judgments.1. Possible Actions. NO CHANGES2. Optional Forms. NO CHANGES3. Termination of Marital Status. The earliest date on which marital status can beterminated is six months and one day from the date the Court acquired jurisdictionover the respondent, or when that date falls on a weekend or Court holiday,the next Court day. When the Court signs the judgment after this date haspassed, marital status is terminated as of the date the judgment is signed.NO OTHER CHANGES TO 11.15.Proposed Changes to Local Rules of Court as of 3/13/12 - 46 -

11.16 FCS. FCS is a division of the Unified Family Court (“UFC”). It provides services toboth the Family Law and Juvenile Dependency divisions of the UFC. FCS provides confidentialmediation services for families involved with the juvenile dependency division. See LRSF12.47. FCS provides both confidential mediation and non-confidential mediation and supportservices to families who bring contested child custody or visitation issues before the Family Lawdivision.A. Confidential Mediation Services. NO CHANGESB. Non-Confidential Mediation Services. FCS may provide non-confidential mediationservices upon Court order. These services may include, but are not limited to: fact-finding;interviews of collateral sources; document requests and reviews; service coordination; and,service referral. All non-confidential services offered through FCS staff will be provided bya mediator other than the mediator who provided confidential mediation unless the partiesspecifically waive confidentiality.1. Reports to the Court. NO CHANGES2. Testimony of Non-Confidential Mediator. NO CHANGES3. No Peremptory Challenge of Non-Confidential Mediator. NO CHANGESC. Voluntary Mediation. Parties may return to mediation without first filing a motion oran Order to Show Cause if: 1) the parties have an open Family Law case in SanFrancisco County; and 2) both parties are willing to participate.1. Each party must call their previously assigned mediator, or the supervisingmediator, or the supervising FCS Manager if the prior mediator is unavailable,to schedule a date and time for the voluntary mediation.2. The parties do not have to attend orientation prior to voluntary mediation.3. The Court, in its discretion, may waive confidential mediation if an Order toShow Cause or a Notice of Motion is filed following a voluntary mediation.D. Complaints and Request for New Confidential Mediator. Complaints about aconfidential mediator, whether or not they include a request for a new mediator, mustbe made in writing to the Supervising Mediator or FCS Manager. If thecomplainant’s issue is not resolved through discussion with the Supervising Mediatoror FCS Manager, the Supervising Mediator or FCS Manager may encourage thecomplainant to discuss the issue with the mediator in question, in the SupervisingMediator’s discretion. The Supervising Mediator or FCS Manager will make thefinal determination of whether or not to assign a new mediator to the case or to takeother action. FCS will send a notice to both parties if a mediator assignment ischanged based on a party’s complaint.E. Ex-Parte Communication. NO CHANGESF. Child Custody Evaluations. NO CHANGES1. Format for Order Appointing a Custody Evaluator. SFUFC Form 11.16Fmust be used for all custody evaluation orders in conjunction with JudicialCouncil form FL-327 (ORDER APPOINTING CHILD CUSTODY EVALUATOR).2. Attorney Preparation of a Custody Evaluation Order. Any attorney preparingan order or stipulation for a custody evaluation must:a. Use the appropriate forms, per #1 above and obtain the evaluator’s signatureon the prepared order whenever possible (a FAX’d signature is acceptable);b. Have the order signed by the Court and filed no later than fifteen (15)Proposed Changes to Local Rules of Court as of 3/13/12 - 47 -

calendar days from the date of the Order;c. Serve file-endorsed copies on all parties, and submit a courtesy copy to thesupervising mediator of FCS Manager or Supervising Mediator, and theappointed custody evaluator within five (5) Court days of its filing.3. Role of FCS in Custody Evaluator Selection. If the parties are unable to agree onan evaluator, Family Court Services will provide the names of three (3)appropriate and available evaluators to each party whenever possible. Each partymay strike one of the evaluators from the list within ten (10) Court days of thedate FCS mailed the three names to the parties. If more than one evaluator’s nameremains after the parties’ time to strike has elapsed, the coordinating mediator willchoose the evaluator to conduct the evaluation. In those cases where FCS isinvolved in the evaluator selection, the coordinating mediator will notify theevaluator, the parties and/or their counsel once the custody evaluator has beenselected.4. Assignment of Coordinating Mediator from FCS. The supervising mediator willassign a non-confidential mediator to coordinate custody evaluations. Anymediator, other than the confidential mediator, may be assigned. No peremptorychallenge to the appointment of a coordinating mediator will be allowed.5. 3. List of Local Custody Evaluators. FCS maintains a list of custody evaluatorswho represent that they meet the training and education requirements set forth inCalifornia Rules of Court 5.225. The court does not purport to recommendthe competence of any particular person on this list. The list is intended toprovide parties, and their attorneys, with assistance in choosing anappropriate child custody evaluator. Parties are free to choose a custodyevaluator who is not on the court’s list.6. 4. Status Review. The Court expects custody evaluations to be completed withinsix (6) months from the date an evaluator is selected. The Court or coordinatingmediator may set periodic Status Review dates to ensure that the custodyevaluation process is moving forward appropriately. The coordinating mediatordoes not attend the Status Reviews unless specifically requested by the Court.a. At a Status Review, the Court can issue further orders, including sanctions,against any party who has failed to cooperate with the evaluator.b. If the Status Review is not set at the time of the Order Appointing CustodyEvaluator then the parties and evaluator will be notified of the date eitherorally or in writing by the court.c. The coordinating mediator will write a short Status Review report to besubmitted to the Court, the evaluator and the parties, through counsel,prior to the Status Review date. The Status Review report will includeinformation gathered from the custody evaluator about the obstaclespreventing the evaluator from proceeding with the evaluation.d. c. The custody evaluator’s presence at the Status Review date regarding thenon-cooperation of parties is waived, although the Court may require theevaluator to be available by phone.e. d. If all parties agree that the evaluation process is proceeding appropriately,the coordinating mediator may vacate any pending Status Review dateProposed Changes to Local Rules of Court as of 3/13/12 - 48 -

y orally notifying all attorneys and self-represented parties. StatusReview date may be vacated by written stipulation of the parties and theevaluator.7. 5. Information From Children. NO CHANGES8. 6. Confidentiality of custody evaluations. Custody evaluators must lodge theoriginal custody evaluation, including Form FL-328, with the Court by sending itcopies to the coordinating mediator attorneys and the original report to theSupervising Mediator or FCS Manager.a. The original custody evaluation will be kept in a confidential file to bemaintained by FCS.b. Upon receipt of the evaluation, the coordinating mediator will send copiesof the report to attorneys and will schedule a time for self representedparties to review the evaluation report at the court as may be requested bythat party.(1) Self represented parties will be given a copy of the Summary andRecommendations page of the evaluation when they come in to readthe full custody evaluation.(2) The coordinating mediator FCS Manager or Supervising Mediatorwill send out a copy of the entire custody evaluation to any selfrepresented party, upon request, within ten (10) court days of anyhearing or trial related to a custody and/or visitation issue.9. 7. Limitations on Dissemination of Custody Evaluations and Sanctions. NOCHANGES10. 8. Duty to Meet and Confer after receipt of Custody Evaluation. The attorneysand parties must meet and confer within ten (10) court days of having received, or hadthe opportunity to read, the evaluation.11. 9. Other Post Custody Evaluation Procedures. If, after having met and conferred,the parties are unable to resolve all of the outstanding issues, the coordinatingmediator will, in conjunction with the evaluator and the Court, schedule either anon-confidential mediation, the parties will calendar a settlement conference, statusconference, and/or trial. Unless otherwise ordered by the Court, the parties will attendeach of those post evaluation procedures scheduled by the Court or the coordinatingmediator. The attorneys, parties, coordinating mediator, custody evaluator, and anattorney and/or psychologist who have not been involved in the case may each beincluded in these procedures, as the Court and/or the coordinating mediator maydecide.The parties, or their attorneys, must notify the coordinating mediator court ifthe issues of the case have been resolved prior to any scheduled post-evaluationprocedure and provide a date by which their stipulation will be submitted to thecourt.Fees for the custody evaluator’s participation in any post evaluation processesmust be paid by the parties prior to the evaluator’s scheduled appearance as setforth in the Custody Order and/or the Evaluator’s fee agreement.Proposed Changes to Local Rules of Court as of 3/13/12 - 49 -

12. 10. Challenge of an appointed custody evaluator. NO CHANGES13. 11. Complaints about a Custody Evaluator.a. For purposes of this process, “action” means the family law proceedingwherein the custody evaluator was appointed by the Court.b. A party to the action, including a guardian ad litem, and any counselappointed to represent a minor may file a complaint about the performanceof a custody evaluator.c. A party who wishes to complain about the performance of a custodyevaluator must submit a written complaint to the Supervising Mediator orFCS Manager, and mail a copy to all counsel, self-represented parties, andthe custody evaluator.d. The evaluator may submit a written response to the complaint. Theresponse must be mailed to all counsel, any self-represented parties and theSupervising Mediator or Manager of FCS.e. If the Supervising Mediator or FCS Manager cannot resolve the issue, thecomplaint and any written response will be given to the Supervising Judgeof the UFC for possible action. The decision of the Supervising Judge of theUFC, which may include removal of the evaluator from the Court’s list ofchild custody evaluators, will be final.14. 12. Right of an evaluator to withdraw. NO CHANGES15. 13. Deposition of an evaluator. NO CHANGES16. 14. Custody evaluation as evidence. NO CHANGESG. Special Masters. NO CHANGES11.17 NO CHANGESRule 11 amended effective July 1, 2012; adopted July 1, 1998; amended effective July1, 1999; amended effective January 1, 2001; amended effective January 1, 2003; amendedeffective January 1, 2004; amended effective January 1, 2005; amended effective July 1, 2006;amended effective January 1, 2007; amended effective July 1, 2007; amended effective January1, 2008; amended effective July 1, 2008; amended effective January 1, 2009; amendedeffective July 1, 2009; amended effective January 1, 2010; amended effective July 1, 2010,amended effective January 1, 2011; amended effective January 1, 2012.Proposed Changes to Local Rules of Court as of 3/13/12 - 50 -

Rule 12 - Dependency12.0 through 12.2 NO CHANGES12.3 Judicial Departments and Assignment of Cases. The main departments used fordependency cases (W & I §300 et seq.) are Departments 405, 406, 414 and 425. TheCourt begins promptly at 9:00 a.m. and ends at 4:30 p.m. All cases (throughout all stagesof the proceedings, from detention through adjudication, disposition, dependency statusreview, post permanency, and implementation hearing) will be heard in either Dept. 405,406, 414 or 425, unless otherwise ordered or approved by order of the Supervising Judgeof the UFC.Cases will be assigned to each department alphabetically, based upon the mother’ssurname. Cases in which the mother’s surname begins with the letters A-K will beassigned to Dept. 406. Cases in which the mother’s surname begins with the letters L-Zwill be assigned to Dept. 425. This system is designed to allow vertical tracking of eachcase through each department.12.4 through 12.22 NO CHANGES12.23 Detention Hearings: Location and Timing. Detentions begin at 9:00 a.m. inDepartments 406 and 425 Monday through Friday.Every attorney representing a parent or guardian at a detention hearing must be presentprior to 9:00 a.m. in order to meet and consult with her/his client. The Court will begincalling the calendar at 9:00 a.m. If the parent/guardian is not present by 9:00 a.m., theCourt may proceed with a non-appearance detention.12.24 through 12.39 NO CHANGES12.40 Motions: Where and When to Set Determined by Phase of Case.A. Meet and Confer. All attorneys must meet and confer prior to filing any noticedmotion.B. Pre-Disposition Cases. All motions in cases where there has not yet been aDispositional Order, will be set for 9:00 a.m. in Departments 406 or 425 on anyMonday, Tuesday, Thursday or Friday.C. Reunification Cases. All motions for cases that are post-disposition, but prior to apermanent plan, will be set on the DSR Calendars in Department 406 andDepartment 425 consistent with regular calendaring procedures.D. Post-PPH Cases. All motions for cases that are Post-PPH, including motions tochange the permanent plan, will be set on the Post-PPH Calendar in Department 405406 and Department 425 consistent with regular calendaring procedures.12.41 through 12.44 NO CHANGES12.45 Mediation Program.Proposed Changes to Local Rules of Court as of 3/13/12 - 51 -

A. Authority. See W&I §350(a) and CRC §5.518.B. Referrals to Mediation.1. NO CHANGES2. NO CHANGES3. All cases must be referred for mediation before the case is dismissed with exitorders when either of the following situations exist: 1) both parents have asignificant relationship with the minor(s) and the parents are not living together;or 2) when the case is to be dismissed with one, or both, of the parents havingcustody of the minor(s) and the minor has a significant relationship with a formercaretaker.These cases may be referred to exit order mediation in one of the following ways:(a) The HSA Court Office (“court office”), when reviewing reports forupcoming review dates, will identify cases that fit the exit ordermediation criteria, and will notify the Court’s calendaring clerk.(b) These cases will be automatically scheduled for exit ordermediation for the same date and time as the review hearing,as mediator staffing allows.(c) Attorneys and child welfare workers will be notified by theassigned mediator that the parties should report directly tomediation rather than to court.4. through 14. NO CHANGESC. through J. NO CHANGES12.46 through 12.55 NO CHANGESNO CHANGES TO APPENDICESRule 12 amended effective July 1, 2012; adopted July 1, 1998; amended effective July 1,2003; amended effective January 1, 2007; amended effective July 1, 2007; amended effectiveJanuary 1, 2008; amended effective January 1, 2011; amended effective January 1, 2012.Proposed Changes to Local Rules of Court as of 3/13/12 - 52 -

Rule 13 – Juvenile Delinquency13.0 Access to and Copying of Juvenile Court Records.A. Under CRC §5.552, juvenile court records may not be obtained orinspected by either criminal or civil subpoena. The party seekingsuch juvenile court records in order to inspect, obtain or copy thesame must follow the procedures set forth in When Courtauthorization is required, pursuant to WIC §827 and CRC §5.552,in order to inspect, obtain or copy juvenile court records, theparty seeking such records must follow the procedures set forth inStanding Order 103.B. All Petitions for Disclosure of Juvenile Delinquency Court Records must be filedin Room 101 at the Youth Guidance Center using Judicial Council Form JV-570.C. If a hearing is required, the Court will set it within 30 days of the date the Petitionis filed. The court clerk will notice all relevant parties of the hearing date. Anyrequest to have the hearing set in less than 30 days must be done in a separateApplication for Order Shortening Time.D. If the Petition is granted, the judicial officer will conduct an in camera review todetermine what documents will be copied and produced. The documents willgenerally be available within two (2) weeks of the hearing date.E. The moving party must notify the court clerk if the documents are no longerneeded or the matter is to be taken off calendar. Failure to provide such noticewill result in sanctions.13.1 Sealing of Records.A. The policy of the Superior Court with regard to the sealing of juvenile recordspursuant to WIC §781 is that any person seeking to have his/her records sealeddemonstrate his/her rehabilitation by maintaining a crime-free life for areasonable period of time after his/her 18th birthday, or after his/her last contactwith the juvenile justice system.B. The Court will consider not only the circumstances of any sustained petitions,but and the minor's entire social history (see In re Todd L. (1980) 113Cal.App.3d 4, 20), including informal or unofficial contacts.C. The Juvenile Probation Department:1. will not refer a sealing request to the Court until a period of one year haspassed after the closing of the person's last court/probation/parole contact,or after the person's 18th birthday, whichever is later. The Special ServicesDivision of the Juvenile Probation Department is authorized to send, in theCourt's name, notice to any person prematurely requesting sealing in theforms provided by the Probation Department;2. will maintain the unofficial files of all persons until their 19th birthday,unless in any individual cases the Court orders otherwise any otherrequests for sealing which raise special legal or factual issues will be heardby the Court on a case-by-case basis.Proposed Changes to Local Rules of Court as of 3/13/12 - 53 -

13.2 Authorization to Administer Psychotropic Medications to Children Who Are Wardsor Dependents of the Court.A. The policies and procedures to be followed in order to obtain Authorization toAdminister Psychotropic Medications to Children Who are Wards or Dependentsof the Court are set forth in Standing Order 219. Standing Order 219implements the requirements of in WIC §369.5 and CRC §5.640.B. All applications for Court authorization to administer psychotropic medicationsmust be submitted on Judicial Council Form 220 to the Supervising Judge of theUnified Family Court.13.3 through 13.4 NO CHANGESRule 13 amended effective July 1, 2012; adopted July 1, 1998; amended effectiveJanuary 1, 2007; amended effective January 1, 2011; amended effective January 1, 2012.Proposed Changes to Local Rules of Court as of 3/13/12 - 54 -

Rule 14 – Probate14.0 Organization and Administration.14.1 Probate Department Administration.A. The Probate Department is presided over by the Supervising Probate Judge withthe assistance of the Probate Commissioner bench officers assigned to Probateand is administered by the Director and Assistant Director of the ProbateExaminers and Investigators.B. Telephone numbers for the Probate Department are as follows: Courtroom Clerk:551-3702; Calendar Clerk: 551-3662; Probate Secretary Department: 551-3650;the Court Investigators: 551-3657; the status of calendared matters and theinformation recordings: 551-4000.14.2 Obtaining a Hearing Date. Hearing dates are obtained at the time of the submission ofa petition to the Clerk of the Court. Hearing dates are not given by telephone. See Rule14.11 14.10 for Law and Motion and Discovery hearings.14.3 Requirement of an Appearance.A. The following matters require appearance of counsel and/or parties at the hearing:1. Petitions for Appointment of Conservator or Guardian. In aConservatorship matter, appearance by the Petitioner, proposedConservator, and proposed Conservatee is required, unless excused by theCourt. In a Guardianship matter, appearance by the proposed Guardian isrequired. The proposed ward is required to appear on Guardianships ofthe person.2. Termination of guardianship or conservatorship (other than on death ofminor or conservatee, or minor attaining majority). Conservatee mustappear unless excused for good cause. Minor MUST appear if there is awaiver of accounting.3. Confirmation of sales of real property.4. Petition for instructions.5. Petition for probate of lost or destroyed will. Oral testimony will be takenonly when requested by the Court.6. Petitioner’s attorney and proposed beneficiary must appear if the specialneeds trust waives bond and/or accountings.B. All other matters (except as otherwise provided by law) may ordinarily besubmitted without an appearance. Evidence to support such nonappearancematters should be contained in a petition verified by the petitioner and/ordeclarations under penalty of perjury timely filed before the hearing date.14.4 Hearings re Probate Matters.A. Conservatorship. Petitions for appointment of a conservator, special statushearings as ordered by the court, and hearings on termination based on anycircumstance other than by reason of the death of the conservatee,Proposed Changes to Local Rules of Court as of 3/13/12 - 55 -

exhaustion of the estate, or authorized transfer of estate assets, are heard onThursdays at 9:00 a.m.B. Guardianship. and pPetitions for appointment of a guardian are heard onTuesdays at 1:00 1:30 p.m.C. Hearings on, and both require an appearance. Rrequests for Elder orDependent Adult Abuse Restraining Orders are heard on Wednesdays at 1:30p.m.D. Law and Motion matters are specially set by the Courtroom Clerk.E. All other matters requiring an appearance are heard on Monday, Tuesday, andWednesday calendars at 9:00 a.m. On the Monday, Tuesday, and Wednesdaycalendars, sSales are heard first. All other matters are ordinarily heard in thefollowing order: uncontested matters followed by contested matters requiring ahearing time of 20 minutes or less. Contested matters requiring a hearing time ofmore than 20 minutes may be specially set at the time of the scheduled hearing orwill be placed on the end of the regular morning calendar if time allows. Allinterested counsel must be present for a special setting. Hearings requiringmore than two Court afternoons will normally be referred to Department 206.14.5 Review of Files Prior to Hearing.A. If a matter is unopposed and approved by the Examiner, it will be presented to theCourt for signature and no appearance of counsel will be necessary. If the matteris not approved because it fails to satisfy statutory requirements or procedures ofthe Court, the Examiner will prepare notes setting forth such defects. In order topermit the attorney to address the procedural or statutory deficiencies before thehearing and to avoid the need for an appearance, the Examiner will email, fax ormail notes to the attorney. The Examiner may continue the matter two (2) weeksor more for compliance. If procedural or statutory defects are not cured, or ifnon-approval is based on other issues, the matter will be put on the appearancecalendar.B. Counsel may telephone the rulings line (415-551-4000), visit the court’s website(www.sfsuperiorcourt.org) or view tentative rulings on the Court’s electronicinformation center prior to the hearing to determine whether a matter has beenapproved, continued or placed on the appearance calendar. If a matter has beenpre-granted, the calendar posted outside the Courtroom on the day of the hearingwill so state.14.6 Submission of Proposed Order and Other Pleadings Before Date of Hearing. NOCHANGES14.7 Availability of Approved Orders Signed by the Court. NO CHANGES14.8 Continuances.A. Requested by Counsel. Continuances requested by counsel may be made inCourt, via the reviewing Examiner, via an assigned Investigator, or through theCalendar Clerk (415-551-3662). A continuance will not be granted if there isProposed Changes to Local Rules of Court as of 3/13/12 - 56 -

opposing counsel unless a request is made in open Court or by a timely stipulationof all counsel to a date to be arranged with the Calendar Clerk, or the reviewingExaminer, or the assigned Investigator.1. If a matter has been specially set, i.e., at any time other than the regular9:00 a.m. calendar, it may not be continued without the stipulation ofcounsel and the approval of the Judge or Probate Commissioner scheduledto hear the matter. (For this permission, telephone the Courtroom Clerk.)2. Probate sales cannot be taken off the calendar or continued except forgood cause and appearance of counsel at the time of the hearing isrequired.B. Continuances by the Court. NO CHANGES14.9 Earlier Hearing Dates. To obtain a hearing date for a petition other than the hearing dateavailable at the clerk of the court's office, the unfiled petition together with a declarationsetting forth good cause and a suggested hearing date may be presented to the probatesecretary at the Probate Department, Room 202.14.10 Hearings Before Commissioner. The Commissioner may sit as a temporary judge (JudgePro Tem) on stipulation of all parties litigant or their counsel. Should any party object tothe Commissioner hearing the matter as Judge Pro Tem, the objection must be made atthe time the matter is assigned or called for hearing. A failure to object shall be deemed astipulation that the Commissioner may hear the matter as temporary judge.14.11 14.10 Law and Motion. All Probate law and motion matters including discoverymotions are heard in the Probate Department. Once a matter has been referred to theDepartment of the Presiding Judge, motions for priority setting or for change of trial dateare heard by the Department of the Presiding Judge.A. Procedures in Probate Department.1. Motions are heard on Monday, Wednesday and Thursday afternoonsand Friday mornings.2. 1. Before filing a motion, the moving party must present the motion to theProbate Department courtroom clerk in Room 204 for assignment of a hearingdate and time.3. 2. After receiving a hearing date, the moving party must shall file the motionin Room 103. After filing, the moving party must shall bring two (2) courtesycopies to Room 202, attention probate staff attorney Probate Law and Motion.If a motion challenges the sufficiency of a pleading already on file, themoving party must also supply a courtesy copy of that pleading. Courtesycopies of all subsequent filings relating to the motion must shall be delivered toRoom 202, attention probate staff attorney Probate Law and Motion.B. Tentative Rulings. NO CHANGES14.12 through 14.14 renumbered to 14.11 through 14.13 with no other changes14.15 14.14 Ex Parte Applications or Petitions. (See Appendix D.)Proposed Changes to Local Rules of Court as of 3/13/12 - 57 -

A. Ex Parte Applications or Petitions Requiring an Appearance other than forAppointment of Temporary Conservatorships and Guardianships.1. Filing and Setting. The Probate Department hears an ex parte calendar atdesignated hours Monday through Friday in Room 202. An endorsedfiled copy of the ex parte application or petition must be presented toRoom 202 before a hearing date will be calendared. Petitioners mustobtain a hearing date and time from the Probate secretary clerk in Room202 103 and deliver an endorsed filed copy to Room 202. or by calling415-551-3650. Petitioners may not set a hearing for more than two weeksin advance. No more than two (2) petitions per day are permitted by eachattorney, law office or petitioner.2. Notice. Petitioner must notify all interested or opposing parties by fax ortelephone no later than 10:00 a.m. on the day before the scheduled hearingas provided by CRC, Rule 3.1203 and CRC, Rule 3.1204. A declarationregarding notice in compliance with CRC, Rule 3.1204 must be deliveredto the Probate Department no later than 12:00 p.m. on the day before thescheduled hearing.3. Opposition Papers. Opposition papers Any paper in opposition to anex parte application or petition, if any, must be filed in the clerk’s officeand an endorsed filed copy delivered to the Probate Department Room202 before the ex parte hearing.4. Petitions for Letters of Special Administration. See LRSF, Rule 14.3014.26.5. Ex Parte Petitions for Appointment of Temporary Conservators orGuardians. See LRSF, Rule 14.88NO OTHER CHANGES TO NEW 14.14.14.16 14.15 Procedural Questions. The Court does not answer procedural questions, givelegal advice or render advisory opinions either by phone or letter.14.17 Summary Determination of Disputes (Probate Code §9620). Normally, §9620summary determination hearings are conducted by the Probate Commissioner sitting astemporary judge pursuant to stipulation. Such matters may be calendared by calling theCourtroom Clerk.14.18 through 14.27 renumbered to 14.16 through 14.25 with no other changes14.28 14.26 Letters of Special Administration on Ex Parte Petition.A. Presenting Petition.1. An endorsed filed copy of the Petition for Probate and the Petition forLetters of Special Administration must be presented to Room 202 before ahearing date will be calendared. (See LRSF, Rule 14.17A. 14.14A.)NO OTHER CHANGES TO THIS SECTION.Proposed Changes to Local Rules of Court as of 3/13/12 - 58 -

14.29 14.27 Petitions for Probate of Will and Petitions for Letters of Administration.A. Holographic Will. NO CHANGESB. Foreign Language. NO CHANGESC. Copies. NO CHANGESD. Listing Devisees and Heirs. NO CHANGESE. No Known Heirs. NO CHANGESF. Deceased Devisees and Heirs. NO CHANGES1. If a named devisee or heir predeceased the decedent or did not survive forthe designated survival period, that fact must also be stated together withthe date of death.2. If an heir or devisee died after the decedent, that person should must belisted with the notation that he or she is deceased and the date of deathmust be stated. The petitioner must allege whether or not a personalrepresentative has been appointed for such deceased heir or devisee.If a personal representative has been appointed, the deceased heir ordevisee should be listed in care of the name and address of his or herpersonal representative. If no personal representative has beenappointed that fact should be alleged. All heirs and/or devisees of thedeceased beneficiary must be listed. If the personal representative of apost-deceased heir or devisee is the same person as the petitioner, allheirs and/or devisees of the post-deceased heir or devisee must belisted and must be given notice.14.30 through 14.52 renumbered to 14.28 through 14.50 with no other changes14.53 14.51 Nature and Form of Claims.A. Claim Versus Expense of Administration. The Court will not approve a claimswhich that represents obligations of the estate arising after the death of thedecedent (except reasonable funeral expenses). Such expenses are properlyexpenses of administration, not creditors claims and should be included forapproval in the account.B. Form of Claims. A Ccreditor’s claims should must be submitted on the JudicialCouncil forms; however, the a creditor’s claims will be liberally construed infavor of their its sufficiency if the content and format are in substantialcompliance with the Probate Code. Satisfactory vouchers or proof of claim shallmust be attached.C. Claims when personal representative has IAEA powers. See CRC, Rule 7.402.14.54 14.52 Claims Filed with Clerk and Mailed to Personal Representative. Creditorsmust file their claims with the Clerk of the Court and mail a copy to the personalrepresentative (Probate Code §9150). The disposition of such claims must be reported tothe Court prior to any distribution.Proposed Changes to Local Rules of Court as of 3/13/12 - 59 -

14.55 14.53 Payment of Interest on Funeral and Interment Claims. When interest hasbeen paid in connection with the delayed payment of a claim for reasonable cost offuneral expenses, a specific allegation must be made in the report accompanying theaccount in which the credit for such payment has been taken, setting forth reasons for thedelay in payment. The personal representative may be surcharged the amount of theinterest where the delay in payment of the claim is not justified.14.56 14.54 Claims of Personal Representative and Attorneys.A. Procedure. A creditor's claim of the personal representative or attorney shouldbe noted as such. Such a claim must be processed as provided in Probate Code§9252, notwithstanding authority to act under IAEA. When there is more thanone personal representative, a creditor's claim submitted by one of the personalrepresentatives must be approved by the other(s) before submittal to the Court forapproval.B. Ex Parte Approval of Claims. A Ccreditor’s claims of the personalrepresentative or the attorney for less than $2,500 may be submitted on an exparte basis pursuant to Probate Code §9252(a). A Ccreditor’s claims of thepersonal representative or the attorney for over $2,500 will not be approved by theCourt until either a hearing has been held or written consent of the beneficiaries ison file. Such hearing should be held as set forth in Probate Code §9252(a) andnotice thereof given to all persons entitled thereto including all residuarybeneficiaries, together with a copy of the claim.14.57 through 14.71 renumbered to 14.55 through 14.69 with no other changes14.72 14.70 Verification of Cash Balances. The ending balance of cash in interim and finalaccounts filed by fiduciaries, who are not financial institutions, must be verified.Verification is made by original bank or brokerage statements or original bank letterssigned by a bank officer with the authority to sign, showing the vesting of the account,the date, and the amount of the balance. Photocopies are not acceptable. Endingbalances shown in the account must be reconciled to the statements or letters, which mustbe filed.In conservatorships, guardianships and trust proceedings related to conservatorships or for trustsfunded by Court order, as defined by CRC, Rule 7.903(a):A. For the first account, all fiduciaries must also file original account statements toverify the amounts shown on the Inventory and Appraisal. Probate Code§2620(c)(2).B. For interim accounts, private professional or licensed fiduciaries shall continueto file the original account statements to verify the ending balance of allaccounts and lodge all other original account statements for the accountingperiod by submitting the statements to Room 202 of the Civic CenterCourthouse in an envelope clearly marked on the outside with the casenumber, name of the conservatorship, guardianship, or trust, and the datethe matter is on calendar. A stamped, self-addressed envelope must beProposed Changes to Local Rules of Court as of 3/13/12 - 60 -

included with the lodged documents which will be returned to the fiduciarywhen the court’s determination of the guardian’s, conservator’s, or trustee’saccount has become final. so long as Probate Code §2620(f) is in effect,original financial institution statements, closing escrow statements for anysale of real property, and original statements from residential care facilitiesor long-term care facilities are required only when requested by the Court.14.73 through 14.76 renumbered to 14.71 through 14.74 with no other changes14.77 14.75 Reports and Petitions for Distribution. NO CHANGESA. Preliminary Distribution Under Probate Code §11620. NO CHANGESB. Allegation re Character of Assets. NO CHANGESC. Agreements for Distribution of Assets and Disclaimers. NO CHANGESD. Assignment of Assets. NO CHANGESE. Distribution to Persons under Conservatorship or Guardianship. NOCHANGESF. Distribution to Minors. NO CHANGESG. Distribution to Trustee. NO CHANGESH. Distribution to Representative of Deceased Heir or Beneficiary. NOCHANGESI. Distribution to Intestate Heirs. NO CHANGESJ. Interest on General Pecuniary Legacies. NO CHANGESK. Requirements re Petition for Final Distribution.1. Allegations re Creditors’ Claims. NO CHANGES2. Allegations Relating to Independent Acts. NO CHANGES3. Payment of Taxes. NO CHANGES4. Retention of a Reserve. The decree order of final distribution mustspecifically set forth the use that may be made of the retained funds (e.g.,income taxes, closing costs, property tax assessments, etc.). Theapplication for final discharge must show the disposition of all amountsheld in reserve and receipts must be filed for any distribution.5. Franchise Tax Board Clearance. NO CHANGES6. California Inheritance Tax. NO CHANGES7. Election of Surviving Spouse to Administer. NO CHANGES8. Allegations re Health Care Benefits. NO CHANGES9. In General. NO CHANGES14.78 through 14.84 renumbered to 14.76 through 14.82 with no other changes14.85 14.83 Temporary Guardianships and ConservatorshipsA. Grounds. NO CHANGESB. Filing Petitions and Setting on Ex Parte Calendar. Hearings on Eex partepetitions for appointment of temporary conservators must be set at least seven (7)court days in the future from the date of filing. Hearings on Eex parteProposed Changes to Local Rules of Court as of 3/13/12 - 61 -

petitions for appointment of temporary guardians must be set at least five (5)court days in the future from the date of filing. An endorsed filed copy of thepetition must be presented to Room 202 before a hearing date will becalendared. Petitioners must obtain a hearing date and time from the Probateclerk in Room 103 202 or by calling 415-551-3659.A separate petition for appointment of a general conservator or guardian must firstbe on file and a hearing date assigned before a petition for appointment oftemporary conservator or guardian will be considered.Endorsed filed copies of both the general and temporary petitions must shall beleft with the filing clerk for transmission to the Court Investigation Unit andseparate endorsed filed copies must be delivered to the Probate Department inRoom 202 at least seven (7) court days before the scheduled hearing date fortemporary conservatorship petitions and at least five (5) calendar days before thescheduled hearing date for temporary guardianship petitions.C. Notice. NO CHANGESD. Appearance at Hearing. NO CHANGESE. Bond. NO CHANGESF. Powers of Temporary Guardians and Conservators.. NO CHANGESG. Special Powers. Special powers are not favored in temporary guardianships orconservatorships. If special powers or other special orders are sought, they mustbe specified in the petition and supported by factual allegations constituting goodcause. In any case involving a special medically related power, a physician'sdeclaration should be presented with the petition in accordance with LRSF Rule14.90.G.1.b. 14.85.G.1.b.H. Length of Appointment. NO CHANGESI. Copies. NO CHANGES14.86 14.84 GuardianshipA. Notice.1. On Petition for Appointment of Guardian. Notice of petition mustcomply with Probate Code §§1510-1511. In situations where an orderdispensing with notice is sought on the ground that a relative within thesecond degree cannot be found with reasonable diligence, and no othernotice is required under Probate Code §1511, the Court requires adeclaration stating specifically what efforts were made to locate therelatives.2. Screening. When a petition for guardianship of person is filed, a copy ofthe petition and other documents must be given to the Human ServicesAgency of San Francisco (HSA) and to the Director of Social Services atthe Director's Office in Sacramento pursuant to Probate Code §1516 and1542. The following documents must shall be provided to the HSA withina week of the filing of the documents at the Superior Court:a. Notice of HearingProposed Changes to Local Rules of Court as of 3/13/12 - 62 -

. Petition for Guardianshipc. The order and Letters of Temporary Guardianship, if one wasgrantedd. The Declaration of the Proposed Guardiane. Confidential Guardian Screening Form (GC-212)f. The documents must shall be sent to:Program Director, Permanency ProgramHSABox 7988San Francisco, CA 94120-7988In cases where a natural parent is seeking to be appointed guardian of aminor, the screening by the HSA will not be required.3. Other Court Proceedings. If a minor is involved in any other courtproceeding, i.e., Juvenile Court for dependency or delinquency, litigationor Family Court Services, past or present, it must be stated in the petitionfor guardianship. The dates and case numbers of those actions must beincluded.4. Appearance of Proposed Ward at Hearing for Appointment ofGuardian. An appearance by the proposed ward is required.B. Investigative Reports. NO CHANGESC. Review of Guardianships. NO CHANGESD. Information to be Supplied.1. Required Declaration. The Court requires that a local form, Declarationof Proposed Guardian (PGF-1), be filed with the petition by the proposedguardian.2. Information that should be revealed to the Court, but which the petitionerwishes to have remain confidential, shall be addressed to the CourtInvestigator and labeled, "For Confidential Use Only." A Confidential Filemay be established by the Clerk of Court to contain confidentialinformation filed with the petition for guardianship. Generallyconfidential files will not be created under any other circumstance.3. Declaration Under UCCJA. A declaration under the Uniform ChildCustody Jurisdictional Act (UCCJA) must shall be filed with the petitionand at any time there is a change of address of the ward. Judicial CouncilForm GC-120.E. Inventories and Accounts for Several Wards. NO CHANGESF. Accounts and Reports.1. In General. The report accompanying each accounting should contain astatement of the age, health and whereabouts of the ward. In addition, thereport should contain an allegation concerning the amount of bondcurrently in effect and should address the question of the adequacythereof.Proposed Changes to Local Rules of Court as of 3/13/12 - 63 -

2. Waivers of Accounts. Waivers of final accounts on termination are notfavored and the Court will require the ward to be present at the hearing.3. Calendaring of Inventory and Appraisal and Accounting. Allguardianships of estate will be placed on calendar for the filing of theInventory and Appraisal approximately ninety (90) days after appointmentof the guardian. If the Inventory and Appraisal are on calendar, noappearance will be required unless deemed necessary by the Court. TheCourt will also place the First Account on calendar for one year afterappointment. If the accounting is on file, no appearance will be requiredunless the Court deems it necessary.4. Status Report. A Confidential Guardianship Status Report is required inguardianships of the person, estate or both guardianship of person andestate. A copy of the most current bank statement for theguardianship estate must be attached to the Status Report. At the timeof appointment of the guardian, the Court will set a date by which theConfidential Guardianship Status Report must be filed, generally sixmonths to one year after appointment. The Court Clerk will mail a blankConfidential Guardianship Status Report form to the guardian in advanceof the due date for the guardian to complete and return to the Court. If theConfidential Guardianship Status Report is on file by that date, noappearance will be required unless determined otherwise by the Court.5. Final accounts. See CRC §§ 7.1005-7.1007.H. Copies. NO CHANGESI. Current Addresses. NO CHANGESJ. Use of Minor's Assets for Support in Guardianship Cases. NO CHANGESK. Disposition of Minor's Funds (Probate Code §§3410-3413). NO CHANGESL. Orders for Withdrawal of Blocked Funds.1. Prior to Majority. Where withdrawal is sought prior to the time theminor reaches the age of majority, the guardian must complete JudicialCouncil forms MC-357 and MC-358 and may present them to the ProbateDepartment ex parte. The purpose and necessity of the withdrawals shouldbe explained in detail. Withdrawals generally will not be approved exceptin cases of medical emergencies or exceptional need when the parentscannot afford to meet the needs of the minor in full. The order will specifythat checks shall be made payable to the provider of goods and servicesand not to the guardian.2. Upon Termination. Where withdrawal is sought because the minor hasreached majority, and the order establishing the blocked account is notself-executing, a certified copy of the minor's birth certificate or otherconvincing evidence of the minor's age must be presented with the petitionfor withdrawal. The order must provide for payment of the funds only tothe former minor.M. Court Appointed Counsel. NO CHANGESN. Termination of Guardianship. NO CHANGESProposed Changes to Local Rules of Court as of 3/13/12 - 64 -

14.87 14.85 ConservatorshipA. Special Requirements.1. Copies. NO CHANGES2. Order Appointing Court Investigator. NO CHANGES3. Contact Information. NO CHANGES4. Confidential Supplemental Information. NO CHANGES5. Deficits In Mental Functions. The proposed conservatee's deficits inmental functioning as set forth in Probate Code §812 should be addressedwithin the Confidential Supplemental Information form. If theconservatorship is contested, or if the petitioner requests determinationthat the proposed conservatee lacks capacity to give informed consent tomedical treatment, the petitioner must file a capacity declaration (JudicialCouncil form GC-335) completed by the proposed conservatee’sdoctor.6. Petition for Appointment of Successor Conservator. NO CHANGES7. Court Supervision of Conservatee’s Living Trust or Special NeedsTrust. NO CHANGESB. Qualifications of Conservators who are not Private ProfessionalConservators. NO CHANGESC. Handbook for Conservators. NO CHANGESD. Order Appointing Conservator. NO CHANGESE. Additional Powers. NO CHANGESF. Medical Consent Authority. NO CHANGESG. Exclusive Medical Consent Authority and Request for Dementia Powers.1. Probate Code §2355. General mental confusion, disorientation, etc. willnot alone support an order for exclusive medical authority. Such authoritywill only be granted if the following conditions are satisfied:a. Court Investigator Report. It clearly appears from the court filethat a Court Investigator has advised the conservatee of the effectof granting such authority and of the conservatee's rights in regardto such request.b. Capacity Declaration. A Capacity Declaration, Judicial Councilform GC-335, is filed stating an medical opinion that the proposedconservatee lacks the capacity to give informed consent to anymedical treatment and that the proposed conservator should begranted the exclusive authority to give such consent and to consentover the objection of the proposed conservatee. The CapacityDeclaration form is required when a petition requests dementiapowers or when a Petition for Exclusive Authority to Give Consentfor Medical Treatment is filed. Such declaration must state thefactual basis for the opinion and the nature and extent of theexamination and investigation.c. Dementia Powers. Dementia powers for medication or securedplacement may be requested at the time of the filing of theProposed Changes to Local Rules of Court as of 3/13/12 - 65 -

temporary or general conservatorship of the person or any timethereafter. Attachment Requesting Special Orders RegardingDementia Powers, Judicial Council Form GC-313, must be filed:for proposed conservatorships, attach to the petition forconservatorship; for existing conservatorships, attach to Petitionfor Exclusive Authority to Give Consent for Medical Treatment.Requests for dementia powers require that the Court appoint anattorney for the conservatee.2. Conservatee Regains Capacity. NO CHANGESH. Notice. NO CHANGESI. Changes of Address/Notice of Death.1. The conservator must promptly file notice with the Court of any changesof address or telephone number of the conservator, the conservatee, or theattorney for the conservator and provide the copy for the CourtInvestigation Unit.2. The conservator or the attorney for the conservator must promptlynotify the Court of the death of a conservatee by filing a Notice ofDeath.J. Accounts and Reports.1. Inventory and Appraisal; Payment of Assessment Fee; Recording ofLetters. NO CHANGES2. General Plan. NO CHANGES3. First Account. NO CHANGES4. Status Report. NO CHANGES5. Waiver or Deferral of Account. NO CHANGES6. Final accounts where the conservatorship has been terminated by thedeath of the conservatee. NO CHANGES7. Final account where conservatee is living. NO CHANGES8. Investments. In order to make or retain investments that do not meet therequirements of Prob. C. §2574(a), the guardian, conservator or trusteemust petition for Court authorization and must petition for renewedauthority with each accounting. The petition must identify the proposedinvestment(s) or describe with specificity the class of proposedinvestments. The petition must also address all factors identified in Prob.C. §2574(b).Court authorization of any proposed investment(s) is based on theguardian’s, conservator’s or trustee’s representations and is subject to thefiduciary’s duty to monitor all investments and comply with prudentinvestment standards and statutory requirements.K. Sale of Real Property.1. Court Confirmation. The Court will only grant a power to sell realproperty under Probate Code §2591 where the power is made subject toCourt confirmation of any sale made by the conservator.Proposed Changes to Local Rules of Court as of 3/13/12 - 66 -

2. Petition for authorization to grant exclusive broker listings and to sellreal property. A petition for authorization to grant an exclusive listingwill be considered ex parte but only after prior authority to sell has beenobtained on a noticed petition at the time of the appointment of theconservator or on a subsequent noticed petition. The petitions may becombined as a noticed petition. A copy of the agreement for theexclusive listing must be attached and shall otherwise comply with therequirements of CRC §7.453 for similar petitions in decedents’estates. All conservatorship sales are subject to court confirmationnotwithstanding Probate Code §2540. et. seq.L. Sale of Conservatee's Residence. NO CHANGESM. Establishment of Trusts Funded by Court Order.1. Application of this rule. The requirements set forth below apply to alltrusts funded by court order, as defined by CRC, Rule 7.903(a), regardlessof whether the beneficiary is subject to conservatorship. The court maywaive one or more requirements upon a showing of good cause.2. Terms of trust. Regardless of any other provision of a trust establishedunder court order, in administering the trust, the trustee shall must besubject to the same terms and conditions as a conservator of estate duringthe lifetime of the conservatee, unless specifically waived by the Courtupon a showing of good cause.3. Notice. Notice of all petitions relating to the trust must be given to allinterested government agencies.4. Order. The order authorizing creation of the trust must attach andincorporate by reference a copy of the proposed trust with space for thejudicial officer’s signature on the final page.N. Assessment Fees. NO CHANGESO. Distribution of Assets. NO CHANGESP. Death or Resignation of Conservator. NO CHANGESQ. Court-Appointed Attorneys. NO CHANGES14.88 through 14.89 renumbered to 14.86 through 14.87 with no other changes14.90 14.88 Compensation for Guardians and Conservators of the Person. Fees forguardians and conservators of the person will be awarded on the basis of the amount andquality of the services rendered, actual time expended and hourly rate. All requestsshould be accompanied by declaration of the guardian or conservator itemizing timespent and services provided.14.91 through 14.98 renumbered to 14.89 through 14.96 with no other changes14.99 14.97 Costs Reimbursed or Absorbed in Fee.A. Reimbursed.Court clerk's fees.Proposed Changes to Local Rules of Court as of 3/13/12 - 67 -

Newspaper publication fees.Surety bond premium.Appraisal fees.B. Absorbed as part of fees.Secretarial and word processing time.Computer time.Local mMileage, and parking and tolls.C. Reimbursed only in Court's discretion, depending upon circumstances disclosed.1. Long distance telephoneLong distance travelD. If attorney's fee is waived (as when attorney is also representative) show details ofcosts in first accounting covering period of disbursement.E. Obtain prior Court permission if amounts are unusually large.14.100 14.98 Executor/Attorney Compensation on Sale of Real Property. Where theattorney or personal representative is also a licensed real estate agent or broker, theattorney or personal representative may collect the statutory fee as well as thecommission on the sale of real property subject to prior Court approval, however, noextraordinary fees shall will be awarded.Appendix A through E NO CHANGESRule 14 amended effective July 1, 2012; adopted July 1, 1998; amended effectiveJanuary 1, 2000; amended effective January 1, 2001; amended effective January 1, 2003;amended effective January 1, 2004; amended effective January 1, 2005; amended effective July1, 2006; amended effective January 1, 2007; amended effective July 1, 2007; amended effectiveJanuary 1, 2008; amended effective July 1, 2008; amended effective January 1, 2009; amendedeffective July 1, 2009; amended effective July 1, 2010; amended effective January 1, 2011;amended effective July 1, 2011; amended effective January 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 68 -

Rule 15 - Rules for Preparing Appeals from San Francisco Superior Court15.0 through 15.7 NO CHANGES15.8 Appellate DivisionA. Courtesy Copies.B. Extensions of Time.C. [NEW] Official Electronic Recording. Subject to the availability ofapproved equipment and equipment monitors, an official electronicrecording of the proceedings is permitted in a limited civil case, or amisdemeanor or infraction case. If the trial court proceedings were officiallyelectronically recorded under Government Code §69957 and the trial courtjudge determines that it would save court time and resources, the trial courtjudge may order that the original of an official recording of the trial courtproceedings, or a copy made by the court, be transmitted as the record ofthese oral proceedings without being transcribed. The court will pay for anycopy of the official electronic recording ordered hereunder.C. [NEW] Official Electronic Recording of Oral Proceedings in Traffic Court.If the oral proceedings in a Traffic Court infraction trial were officiallyelectronically recorded under Government Code §69957, the Traffic Courttrial judge may order that the original of an official recording of the trialcourt proceedings, or a copy made by the court, be transmitted as the recordof these oral proceedings without being transcribed.Rule 15 amended effective July 1, 2012; adopted July 1, 1998; amended effectiveJanuary 1, 2000; amended effective January 1, 2004; amended effective January 1, 2011;amended effective July 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 69 -

Rule 16 - Criminal Division16.0 through 16.6 NO CHANGES16.7 Transcripts in Criminal Proceedings. Any request by a defendant or defendant’scounsel for a transcript at court expense must be submitted to the judge before whom thematter was heard. The request must be accompanied by a declaration stating (1) that thedefendant is unable to pay for the cost of the transcript and a current In Forma Pauperisform, and (2) the legal reasons the transcript is necessary. The motion must beaccompanied by a proposed order.If a transcript is requested by a member of the Office of the Public Defender, the publicdefender must first seek funding from its own budget before requesting a Court order forsuch funding at public expense. If such funding is not available a request must show bydeclaration that no such funding is available.Use of Electronic Recording. Pursuant to Gov. Code §69957, electronic recording maybe used in infraction and misdemeanor proceedings when an official reporter isunavailable.16.8 through 16.21 NO CHANGESRule 16 amended effective July 1, 2012; adopted July 1, 1998; amended effectiveJanuary 1, 2000; amended effective January 1, 2003; amended effective January 1, 2006;amended effective August 2, 2007; amended effective July 1, 2008; amended effective January 1,2010; amended effective January 1, 2011Proposed Changes to Local Rules of Court as of 3/13/12 - 70 -

Rule 17 - Traffic Proceedings17.0 through 17.2 NO CHANGES17.3 Traffic Appeals.A. Notice of Appeal Form. NO CHANGESB. Statement on Appeal Form. Complete an original and two (2) copies of the"Statement on Appeal" form. These documents must be filed with the appealsclerk, Room 101, Hall of Justice, within fifteen (15) days of the filing of the"Notice of Appeal." (NOTE: In the rare event that the proceedings beingappealed from were reported by a court reporter, a certified transcript bythe reporter may be requested by you from the reporter. The fees involvedwill be stated by the reporter.) the time limits established by CRC Rule8.915.1. When all of the above papers have been filed, the appeal clerk willmail a notice of the date and time of hearing to the appellantrequiring him or her to appear before the trial judge to "settle" thestatement on appeal.2. When the trial judge certifies that the statement is substantiallycorrect, he or she will forward it to the appeals clerk, Room 101, Hallof Justice, who will forward all papers to the appellate department ofthe Superior Court. Written notice will be sent to the appellant fromthe Superior Court of the next steps.C. Stays. An appeal does not stay the judgment (payment of fine, etc.). After aNotice of Appeal has been filed, any request to stay execution of thejudgment must be filed with the Appellate Division, not the trial court. Tostay execution of a judgment, the appellant must either:1. obtain an "Order Staying" from the Trial Court and file it with theAppeal Clerk, Room 101, Hall of Justice; OR2. file a "Bond on Appeal" in Room 101, Hall of Justice.17.4 through 17.5 NO CHANGES17.6 Procedures for Informal Trial Under Vehicle Code §40901.A. Purpose. This rule establishes procedures for conducting an informal trial underVehicle Code §40901.B. Discretion of a Judicial Officer to Grant an Informal Trial under VehicleCode §40901. A judicial officer may allow an informal trial upon a request atarraignment by a defendant that is eighteen (18) years of age or older. Informaltrials are conducted according to the following requirements and procedures:1. Eligible Offenses. NO CHANGES2. Procedure. NO CHANGES3. Appeal. An appeal of a finding of guilt in an informal trial under this rulemust be filed within 30 calendar days of the date of judgment, as requiredProposed Changes to Local Rules of Court as of 3/13/12 - 71 -

y rule 8.782 of the California Rules of Court. the normal time underCRC Rule 8.902(a).17.7 Procedures for Informal Trial of Non-Traffic Infraction Offenses.A. Purpose.B. Discretion of a Judicial Officer to Grant an Informal Trial. A judicial officermay allow an informal trial for non-traffic infraction offenses upon a request atarraignment by a defendant that is eighteen (18) years of age or older. Informaltrials are conducted according to the following requirements and procedures:1. Eligible Offenses. An informal trial may be allowed as provided in this rulefor infraction violations of a local ordinance or the California Code, exceptfor the Vehicle Code.2. Procedure. An informal trial under this rule is conducted in the same manneras an informal trial under rule17.6, except:a. the notice and waiver of rights in paragraphs 2.c. and 2.e. of Rule 17.6regarding trial by written declaration do not apply.17.8 Trial by Declaration in Absentia.A. Under Vehicle Code §40903, any person who fails to appear as provided by lawmay be deemed to have elected to have a trial by written declaration upon anyalleged infraction, as charged by the citing officer, involving a violation of theVehicle Code or any local ordinance adopted pursuant to that code. In eligiblecases the Court will conduct the trial in absentia and it will be adjudicated on thebases of the notice to appear issued under Vehicle Code §40500 and any businessrecord or receipt, sworn declaration of the arresting officer, or written statementor letter signed by the defendant that is in the file at the time the trial bydeclaration is conducted.B. If the Court finds the defendant guilty, the conviction will be reported to theDepartment of Motor Vehicles and the Court will notify the defendant, by firstclass mail, of the disposition of the case, the amount of imposed fines and fees,and the defendant’s right to request a trial de novo within the time specified in thenotice.C. In order to have a trial de novo, the defendant must submit a written request onJudicial Council form TR-220 and pay the total amount due by posting the civilassessment as well as the full amount of the outstanding bail within the timespecified in the notice. If the defendant makes no timely request for a trial denovo or has not paid the fines and fees by the due date, the court will proceed tocivil assessment as provided under Penal Code §1214.1.D. Additionally, the Department of Motor Vehicles will be notified of the failure topay pursuant to Vehicle Code §40509.5(b) which can result in the suspension ofdefendant’s driver’s license pursuant to Vehicle Code §13365(a)(2) until allobligations to the Court are satisfied.17.7 Trials.Proposed Changes to Local Rules of Court as of 3/13/12 - 72 -

A. Trial in absentia. Any defendant who fails to appear as provided by law isdeemed to have elected to have a trial by written declaration under Vehicle CodeSection 40903.B. Trials by Declaration. Defendants may elect to have a trial by writtendeclaration upon any alleged infraction pursuant to Vehicle Code Section 40902.Where defendant has made a timely request for trial by declaration, such trialsshall be conducted consistent with Vehicle Code §40902. In a trial bydeclaration, the trial court may admit any relevant evidence including evidenceauthorized by Vehicle Code §40903(b).C. Presence of Defendant at Trial. In Traffic Court infraction cases, the defendantis ordered to be personally present at the trial for purposes of identification unlesscounsel stipulates to the issue of identity. Penal Code Section 1043.D. Official Electronic Recording at Trial. Pursuant to Government Code Section69957, an official electronic recording of the proceedings is permitted in TrafficCourt infraction cases.E. Evidence at Trial. The trial court may admit testimony and other relevantevidence in the form of a notice to appear issued pursuant to Section 40500 and,notwithstanding Division 10 (commencing with Section 1200) of the EvidenceCode, a business record or receipt. Vehicle Code §40901(b).17.9 17.8 Continuances. When a traffic case has been set for a contested court trial, arequest to continue the trial must be filed ten (10) calendar days before the date of the trial. Thetrial will occur on the date originally set unless the trial court grants the request forcontinuance and provides notice to the defendant that a new trial date has been set. Noother requests for a continuance of the trial will be granted unless the interests of justice require acontinuance.17.10 17.9 Motion to Reopen Case Adjudicated by Bail Forfeiture. Any motion to reopena conviction reported to the Department of Motor Vehicles following a bail forfeiture underVehicle Code §40512 or reported as a failure to complete traffic violator school under VehicleCode §40512.6 must be filed with the Traffic Division no later than 180 days from the date ofthe bail forfeiture unless good cause is shown.Rule 17 amended effective July 1, 2012; adopted July 1, 1998; amended effectiveJanuary 1, 2006; amended effective July 1, 2007; amended effective July 1, 2011.Proposed Changes to Local Rules of Court as of 3/13/12 - 73 -