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Chapter 2 (Rules 4.8 to 4.12): the caption (Rule 4.8); the petition for instructions (Rule 4.9); Judicial Council forms (Rule 4.10); and verification (Rule 4.12). Rule 4.11 (accounts) is repealed; refer to Rule 4.49.
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 2. PLEADINGS Rule 4.8 Caption All probate pleadings shall conform to the caption requirements of Code of Civil Procedure §422.30(a), et seq. and CRC Rule 2.111. In addition, all probate pleadings must clearly and completely identify the nature of the relief sought or granted. The caption of the pleading shall include the date, time and location of any scheduled hearing. All pleadings shall have identified the attorney of record or state that the party is appearing in pro per. Reference: CCP § 422.30(a), California Rules of Court, Rules 2.111, 3.1110 and 7.102. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective January 1, 2007; Amended, effective July 1, 2021; Amended, effective July 1, 2026) Rule 4.9 Petition for Instructions The use of petitions for instructions is limited to those matters for which no other procedure is provided by statute. All petitions for instructions shall include a memorandum of points and authorities filed in support of the petition, with appropriate citations. The petition shall also set forth the specific instructions which the petitioner believes the court should order. All other petitions seeking relief which is not provided for by statute, shall include a memorandum of points and authorities filed in support of such relief, with appropriate citations. The petition shall also set forth the specific nature of the relief sought. (Adopted, effective July 1, 1996; Amended, effective July 1, 2004; Amended, effective July 1, 2024.) Rule 4.10 Judicial Council Forms A. All Judicial Council adopted Probate forms must be used where applicable (Probate Code § 1001, California Rules of Court, Rule 7.101). In addition, the Superior Court in San Mateo County requires the use of the following local court forms: 1. Conservatee’s Information and List of Relatives (PR-1) 2. Notification to Court of Addresses for Guardianship (PR-2) 3. Request for Appointment of Probate Referee [Probate Estates] (PR-5) 4. Uncontested Calendar Request [All Probate] (PR-CV-FL-7) 5. Guardianship Affidavit, Questionnaire, and Declaration (PR-18) 6. Confidential Status Report (Conservatorship) (PR-19) (or a more detailed pleading that contains, at the minimum, all of the information that is required in PR 19). B. All pertinent information requested on a form must be completed in its entirety before being submitted to the Probate Clerk’s office for filing. (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004; Amended, effective July 1, 2005; Amended, effective July 1, 2006; Amended, effective July 1, 2013) Rule 4.11 Accounts (REPEALED, effective July 1, 1996; refer to Rule 4.49 ) Rule 4.12 Verification Verifications are required when filing the following probate documents: Petitions, Reports and Accountings, Objections, or responses to Petitions/ Reports/ Accountings. Reference: Probate Code, §§ 1020-1023; and California Rules of Court, Rules 7.103, 7.104. (Adopted, effective July 1, 1996) (Amended, effective July 1, 2004)
CHAPTER 2. PLEADINGS Rule 4.8 Caption All probate pleadings shall conform to the caption requirements of Code of Civil Procedure §422.30(a), et seq. and CRC Rule 2.111. In addition, all probate pleadings must clearly and completely identify the nature of the relief sought or granted. The caption of the pleading shall include the date, time and location of any scheduled hearing. All pleadings shall
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index 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.