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DIVISION IV PROBATE CHAPTER 1 DEPARTMENTAL …

1 DIVISION IV PROBATE CHAPTER 1 DEPARTMENTAL administration AND organization Rule Address, Phone and Hours for PROBATE Examining DIVISION The addresses, phone numbers, hours and examiners email addresses for the PROBATE Court can be found at the court s website, (Adopted 1/1/1990; Rev. 1/1/1991; Rev. 7/1/1995; Rev. 1/1/2000; Rev. & Renum. 7/1/2001; Rev. 7/1/2003; Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2011; Rev. 1/1/2013) Rule Filing Location A. PROBATE matters must be filed in the PROBATE department located at 1100 Union Street, San Diego, California 92101. B. Documents may be filed electronically to initiate new cases or to file subsequent documents in cases that have been imaged by the court. If a case has been imaged by the court, the case title will be updated to reflect [IMAGED] . Parties who wish to e-file must comply with the Electronic Filing Requirements posted on the Court s website.

PROBATE CHAPTER 1 DEPARTMENTAL ADMINISTRATION AND ORGANIZATION Rule 4.1.1 Address, Phone and Hours for Probate Examining Division The addresses, phone numbers, hours and examiners’ email addresses for the Probate Court can be found at the ... CHAPTER 3 PLEADINGS: FORM OF PAPERS PRESENTED FOR FILING Rule 4.3.1 Format Requirements and Copies A.

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Transcription of DIVISION IV PROBATE CHAPTER 1 DEPARTMENTAL …

1 1 DIVISION IV PROBATE CHAPTER 1 DEPARTMENTAL administration AND organization Rule Address, Phone and Hours for PROBATE Examining DIVISION The addresses, phone numbers, hours and examiners email addresses for the PROBATE Court can be found at the court s website, (Adopted 1/1/1990; Rev. 1/1/1991; Rev. 7/1/1995; Rev. 1/1/2000; Rev. & Renum. 7/1/2001; Rev. 7/1/2003; Renum. 1/1/2006; Rev. 1/1/2009; Rev. 1/1/2011; Rev. 1/1/2013) Rule Filing Location A. PROBATE matters must be filed in the PROBATE department located at 1100 Union Street, San Diego, California 92101. B. Documents may be filed electronically to initiate new cases or to file subsequent documents in cases that have been imaged by the court. If a case has been imaged by the court, the case title will be updated to reflect [IMAGED] . Parties who wish to e-file must comply with the Electronic Filing Requirements posted on the Court s website.

2 (Adopted 1/1/1990; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2002; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev 1/1/2010; Rev. & Renum. 1/1/2012; Rev. 1/1/2013; Rev. 1/1/2015; Rev. 1/1/206; Rev. 1/1/2017) Rule Viewing Records in the PROBATE Business Office. Cases may be reviewed in the business office in accordance with the California Rules of Court (a) and the following: A. General Rules 1. Cellular phone use is prohibited within the viewing room. B. Viewing Imaged Cases 1. Use of the Register of Actions Kiosk (ROAK) will be limited to 20 minutes if there are other members of the public waiting to use the terminal; 2. If paying for copies printed from the kiosk with cash or check, a number must be obtained from the front counter to complete the transaction. C. Viewing Non-Imaged Cases 1. Any person requesting to view a file is required to submit a valid government-issued photo identification card; 2.

3 Files must be requested by case number, using form SDSC ADM-11; 3. The clerk will pull or order a maximum of ten cases per day, per customer; 4. If files or copies of wills are requested that are stored at the court s offsite storage facility, the offsite storage retrieval fee will be assessed per file or document requested. Refer to the court s Fee Schedule (SDSC Forms #ADM-001) for the current fee amount; 5. A copy of the death certificate is required before a will is ordered from storage; 6. If copies are requested from non-imaged files, a maximum of 20 pages will be copied on the date of request. If the copy request exceeds 20 pages, the customer will be required to complete form SDSC ADM-004 [Court Records Request] and copies will be completed in three to five (3-5) business days. Payment must be received at the time of request. (Adopted 1/1/2014; Rev.)

4 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2017; Rev. 1/1/2018) CHAPTER 2 TESTAMENTARY DOCUMENTS; CONSOLIDATION; SANCTIONS Rule Backing on Papers Filed The court requests all wills and other testamentary documents submitted for filing be attached to a stiff backing cover, the right side margin of which contains the document s caption (title) which must be fully visible. (Rev. & Renum. 7/1/2001; Rev. 7/1/2002; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2017) Rule Consolidation and Notice of Related Case/Petition A. Whenever it appears that two or more petitions with different numbers have been filed with reference to the same decedent, conservatee or minor, the court will, on its own motion, consolidate all of the matters. 2 B. Where a complete consolidation of proceedings under the PROBATE Code is ordered, the clerk, unless otherwise ordered by the court, must file such consolidated proceeding and all subsequent papers relating thereto under the number assigned to the case which was filed first and therefore has the lowest number.

5 C. Rules of Court, rule , respecting the requirements for Notice of Related Case, applies to all petitions or applications filed with the PROBATE Divisions of the Court. (Adopted 1/1/1990; Rev. & Renum. 7/1/2001; Rev. 7/1/2002; Renum. 1/1/2006; Rev. & Renum. 1/1/2009; Rev. 1/1/2016) Rule Sanctions A. If any counsel, a party represented by counsel, or a party in pro per, fails to comply with any of the requirements of DIVISION IV of these rules, without good cause or substantial justification, the court, on motion of a party or on its own motion, after notice and hearing, may strike all or any part of any pleadings of that party; or dismiss the action or proceeding or any part thereof; or enter a judgment by default against that party; or impose other penalties of a lesser nature or as otherwise provided by law; and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees.

6 B. If a failure to comply with the rules in DIVISION IV is the responsibility of counsel and not of the party, any penalty must be imposed on counsel and must not adversely affect the party s cause of action or defense thereto. (Adopted 1/1/2006; Renum. 1/1/2007; Rev. 1/1/2012) 3 CHAPTER 3 PLEADINGS: FORM OF PAPERS PRESENTED FOR FILING Rule Format Requirements and Copies A. The PROBATE filing clerk is not required to read the body of the petition or the prayer to determine intent of the filing party. The caption should clearly set forth the filer s intent. B. A petition captioned as amended will supersede the former petition and will be set for hearing in due course. C. Register of Actions number (ROA) will be assigned at the time the petition is set for hearing. The ROA must be stated directly below the case number in the caption of all subsequently filed documents related to that petition.

7 The party giving notice of the hearing on the petition must include the ROA in the notice. D. The court will conform only one copy of each original submitted for filing. If conformed copies are to be returned by mail or messenger, a stamped, self-addressed envelope or messenger slip must be included. (Adopted 1/1/1990; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 7/1/2002; Rev. 7/1/2003; Rev. & Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2013; Rev. 1/1/2014; Rev. 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2017) Rule Electronic Filing (e-Filing) A. e-Filing Requirements 1. All documents electronically filed must be submitted in a PDF format using Adobe Acrobat version 7 or higher and must also be in a text searchable format, Optical Character Recognition (OCR). 2. Fillable forms are not accepted. 3 Each document should be filed as a stand-alone document.

8 4. Documents that contain exhibits must be bookmarked. 5. Notices of lodgment must not have the lodged documents attached. The submitting party must provide the business office with hard copies of the lodged documents, along with a filed stamped copy of the notice of lodgment, a means of return, and must include the e-Filing Transaction ID # noted in the upper right hand corner. 6. When submitting an original Will to the business office for a Petition for PROBATE of Will and for Letters Testamentary or Letters of administration with Will Annexed that was e-Filed, the submitting party must provide a cover letter that includes the case number assigned to the petition. 7. If submitting a proposed order in the same transaction as other documents ( petitions or other subsequent documents), an attorney service or e-mail address must be noted in the, Message to the e-Filing Clerk, section for a conformed copy to be returned.

9 8. Any document that is filed on a day that the Court is closed or after 5:00 shall be deemed to have been filed on the next court business day. 9. Original signatures are not required on e-Filed documents, but must be maintained by the filing party, pursuant to California Rules of Court, rule B. Documents Ineligible for e-Filing 1. Wills 2. Letters of Appointment 3. Bonds 4. Out-of-State Commission Subpoena 5. Request for Payment of Trust Funds 6. Writs 7. Abstracts 8. Settlement Conference Briefs 9. Affidavit re: Real Property of Small Value 10. Warrants 11. Lodged Documents (Adopted 1/1/2015; Rev. 1/1/2016; Rev. 1/1/2017) Rule Filing Documents for Calendared Matters A. The case number, hearing date, time, department, and ROA number are required on documents filed in connection with matters already set for hearing, and must appear on the first page of the document, below the caption.

10 1. On all pleadings filed after the initial case originating filing, the words IMAGED FILE must be placed in all capital letters immediately under the title of the pleading for the duration of the case. 2. The paper filings that are imaged and stored electronically will be physically stored by the court for 30 days after filing, after which time they will be shredded and recycled, except for original wills and bonds which will be physically retained by the Court for the period required by law. The paper filings that are imaged and stored temporarily are not accessible to the public, including the party and/or attorney who submitted the imaged document. B. Prayers within a petition must be drafted so that their general effect may be determined without reference to separate paragraphs within the petition, attachments, supplements, or other later filed documents.


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