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Chapter 3 (Rules 7.100 to 7.114): material to be included in formal rulings (Rule 7.101); written response (Rule 7.102); applications for ex parte orders (Rule 7.104); petitions for family allowance (Rule 7.105); bond on petitions for authority to borrow money (Rule 7.106); nunc pro tunc orders correcting clerical errors (Rule 7.107); general notice requirements (Rule 7.108); a probate hearing once noticed cannot be advanced (Rule 7.109); orders to be complete (Rule 7.110); accounts and reports (Rule 7.111); and petitions to show who is entitled to notice (Rule 7.112).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Chapter 3. Petitions, Orders and Notices Rule 7.100. Titles for Petitions and Orders [Repealed 1/1/03] Rule 7.101. Material to be Included in Formal Rulings Formal orders, judgment and decrees shall be drawn so that their full effect may be determined without reference to the petition on which they are based. As necessary for this purpose, documents shall be attached to, and referenced in, the order, judgment or decree, instead of referring to the other document by reference. All probate orders, judgments or decrees shall set forth all matters actually passed on by the Court, giving the relief granted, the names of the persons affected, and the full legal description of any real property (including Assessor’s Parcel Number), or the amounts of money affected. (Rule 7.101 revised effective 1/1/15) Rule 7.102. Written Response An objection or other written response to moving papers will be deemed a waiver of further notice as to those papers. (Rule 7.102 revised effective 1/1/15) Rule 7.103. Reserved. [REPEALED 1/1/03] Rule 7.104. Applications for Ex Parte Orders (a) Ex parte applications Applications for ex parte orders must be accompanied by a separate order complete in itself. It is not sufficient for such an order to provide merely that the application has been granted, or that the sale of property set forth in the petition has been approved. An application for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing the order. Conclusions or statements of ultimate facts are not sufficient and a foundation should be shown for the petitioner’s personal knowledge. (b) Notice requirements Since no testimony is taken in connection with ex parte petitions, the application must contain sufficient facts to justify granting the ex parte order. Petitioner must notify all interested or opposing parties by fax, email, or telephone no later than 10:00 a.m. on the day before the scheduled hearing as provided by CRC, Rule 3.1203 and CRC, Rule 3.1204. A copy of a declaration regarding notice in compliance with CRC, Rule 3.1204 must be delivered to the Probate Department at the time the papers are presented. Orders dispensing with notice must be supported by a declaration setting forth the exceptional circumstances that justify dispensing with notice. REPEALED IN PART (see California Rules of Court Rule 3.1203, Rule 3.1204, and Rule 7.55 & Probate Code 1202) (Rule 7.104(b) revised effective 1/1/23) (Rule 7.104 revised effective 1/1/17) Rule 7.105. Petitions for Family Allowance (a) Income and expense requirement A petition for the family allowance under Probate Code Section 6540 et seq. must include a detailed statement of proposed recipient’s income and expenses. (b) Notice requirement for petitions for family allowance A petition for family allowance, if made before the filing of the Inventory and Appraisal ordinarily may be presented ex parte. However, if the petitioner is someone other than the executor or there is a dispute as evidenced by papers on file in the proceedings, or there is a request for special notice, then all other parties must be notified in person or by telephone at least twenty-four (24) hours in advance of the time and place where the application for the ex parte order will be made. The petition must be presented by the attorney or unrepresented party requesting the ex parte order. Ordinarily, the order will be made for a period commencing with the date of death and continuing until the inventory is filed, but not to exceed six (6) months. If the order will be opposed, call the Probate Division ahead of time to make a specific appointment with the Court. (c) Application and notification after personal representative qualified If the application is made more than six (6) months after the personal representative has qualified, it shall be noticed and placed on the calendar. (d) Time period for subsequent orders Subsequent orders will be limited to a definite period, usually not to exceed twelve (12) months duration. It is the policy of this Court not to make orders for family allowance for an unlimited period. (Rule 7.105 revised effective 1/1/15) Rule 7.106. Bond on Petitions for Authority to Borrow Money Petitions for authority to borrow money shall set forth the amount of bond in force and the amount of loan proceeds eligible to be covered by bond. If no additional bond is required, or if bond is waived, that fact shall be alleged. (Rule 7.106 revised effective 1/1/15) Rule 7.107. Nunc Pro Tunc Orders Correcting Clerical Errors (a) Correction of error on order If, through inadvertence, the signed order, judgment or decree fails to state the ruling actually made by the Court, or through some writer’s error portions of the order, judgment or decree are incorrect, the Court will make a nunc pro tunc, judgment or decree order correcting the mistake upon declaration detailing the defect. If the modification to the order is the result of an error by an attorney or party, an ex parte application is required. If modification is the result of court error, a declaration in support of the amended order is sufficient. (b) Nunc pro tunc order A nunc pro tunc order, judgment or decree must take the form of a complete amended order, judgment or decree. The previously signed order must be attached to the ex parte application or declaration. (Rule 7.107 revised effective 1/1/16) Rule 7.108. General Notice Requirements Counsel are reminded that the notice requirements in the Probate Code vary greatly. No set pattern may be discerned. The specific requirements of the Code (i.e., posting, mailing, publication, personal service, etc.) must be checked for every petition filed. (Rule 7.108 revised effective 1/1/15) Rule 7.109. Probate Hearing Once Noticed Cannot be Advanced When a hearing on a probate matter has been noticed, or when it has been noticed and then continued to a definite date, the matter cannot be heard before the date set, except by Court order and new notice. (Rule 7.109 revised effective 1/1/15) Rule 7.110. Orders, etc., to be Complete A judgment, decree or order shall be complete in itself, with attachments as necessary to avoid incorporating other documents by reference. (Rule 7.110 revised effective 1/1/15) Rule 7.111. Accounts and Reports (a) Accountings submitted for court approval Accountings submitted for court approval shall comply with Probate Code Section 1060 et seq. (b) Statement of bond in accounting report The report accompanying an accounting shall include a statement regarding the bond. This shall include the following: (1) The amount of the currently posted bond. (2) If no bond is posted, a statement of why no bond was required (e.g., “At the time of appointment, there were no assets subject to disposition by the fiduciary” or “Bond was waived in the will”). (3) If bond is required, the report shall state: (A) the current value of all personal property subject to the petitioner’s control; (B) the amount of the estimated annual income for the next year; (C) the fair market value, less encumbrances, of any real property which the fiduciary can sell without prior court order; and (D) the amount of any public benefits regarding accounts for guardianships and conservatorships being received by or for the benefit of the ward or conservatee, including the identity of the person receiving the benefit. (Rule 7.111 revised effective 1/1/16) Rule 7.112. Petitions to Show who is Entitled to Notice All petitions shall identify the names, addresses, and relationships of all persons entitled to notice. (Rule 7.112 revised effective 1/1/15) Rule 7.113. Identity or Whereabouts Unknown [Repealed 1/1/03] (see California Rules of Court, Rule 7.52) Rule 7.114. Notice Regarding Interests of Deceased Persons [Repealed 1/1/03] (see California Rules of Court, Rule 7.51(e))
Chapter 3. Petitions, Orders and Notices Rule 7.100. Titles for Petitions and Orders [Repealed 1/1/03] Rule 7.101. Material to be Included in Formal Rulings Formal orders, judgment and decrees shall be drawn so that their full effect may be determined without reference to the petition on which they are based. As necessary for this purpose, documents shall be attached to, and referenced in, the ord
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.