Loading…
Rules 4-701 to 4-704: the rules for conservatorship applied to guardianship insofar as applicable (4-701); the Confidential Guardianship Questionnaire (SJPR-400), signed under penalty of perjury by each proposed guardian and submitted with every probate guardianship petition, used for reports under Probate Code §1513 and released only by court order (4-702); temporary guardians of the person - a declaration explaining the emergency, the petition treated as an ex parte request, the court's order or notice of a hearing served by the petitioner with a proof of service, a reconsideration hearing when the hearing on the permanent guardianship is more than 30 days away, and no routine grant of temporary guardianships that change custody (Child Protective Services of the San Joaquin County Human Services Agency and peace officers remove children in an emergency) (4-703); and guardianships of particular property, identified in the proposed orders and letters (4-704).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
PART SEVEN – GUARDIANSHIP 4-701. GUARDIANSHIP RULES (Eff. 01/01/08) The rules for conservatorship apply to guardianship insofar as applicable by probate code or stated in the local rules. (Eff. 01/01/08; Rev. 07/01/2022) 4-702. GUARDIANSHIP QUESTIONNAIRE [Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] (Eff. 01/01/20) RELATIVE AND NON-RELATIVE GUARDIANSHIPS OF THE PERSON AND/OR ESTATE A. The Confidential Guardianship Questionnaire (SJPR-400) shall be completed, signed under penalty of perjury, and submitted with all petitions for probate guardianship. Each proposed guardian shall sign the Guardianship Questionnaire. The Guardianship Questionnaire is used by the Court and/or by the Court Investigator to prepare reports under Probate Code §1513 or as ordered by the Court. The Guardianship Questionnaire and the information contained in the Guardianship Questionnaire is confidential. The Guardianship Questionnaire shall not be released to any party or their attorney absent a court order. The clerk must maintain the Guardianship Questionnaire in a manner that will protect and preserve the proposed guardian’s and the minor’s confidentiality. [Eff. 07/01/2021; Rev. 07/01/22; Rev. 01/01/2023; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] 4-703. APPOINTMENT OF TEMPORARY GUARDIAN OF THE PERSON (Eff. 01/01/09) A. A petition seeking the temporary appointment of a guardian before the regularly noticed hearing shall be accompanied by a declaration explaining the emergency that requires a guardian be appointed before the regularly noticed hearing. B. All petitions seeking the temporary appointment of a guardian shall be treated as an ex parte request. C. If the Court determines that the petition for a temporary guardianship is not necessary, the Court will issue an order and send a copy to the petitioner and/or petitioner’s attorney. D. If the Court determines that a hearing on the petition for a temporary guardianship is necessary, the Court will send notice to the petitioner and/or petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court. E. If the request for a temporary guardianship is granted ex parte, and a hearing on the permanent guardianship is more than 30 days away, a hearing to reconsider the temporary guardianship will be set by the Court and notice provided to the petitioner and/or the petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court. F. The Court does not routinely grant temporary guardianships that will result in a change of custody. Child Protective Services of the San Joaquin County Human Services Agency and peace officers have the authority to remove children in an emergency and should be contacted if an emergency exists. (Eff. 01/01/20; Rev. 07/01/22) 4-704. GUARDIANSHIP OF PARTICULAR PROPERTY (Eff. 01/01/09) Proposed orders and letters must specifically identify the property to which the guardianship is limited. (Eff. 01/01/09)
PART SEVEN – GUARDIANSHIP 4-701. GUARDIANSHIP RULES (Eff. 01/01/08) The rules for conservatorship apply to guardianship insofar as applicable by probate code or stated in the local rules. (Eff. 01/01/08; Rev. 07/01/2022) 4-702. GUARDIANSHIP QUESTIONNAIRE [Eff. 07/01/2021; Former 4-702 Repealed 01/01/20 (Incorporated into 4-703)] (Eff. 01/01/20) RELATIVE AND NON-RELATIVE GUARDIANSHIPS OF THE PERSON
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card.
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.