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6.00.0 Conservatorship and Guardianship Rules: the generally applicable local probate rules (commencing with rule 5.01.0) apply except as otherwise provided (6.00.5); a temporary conservator or guardian appointed only after a hearing on facts establishing urgency, without notice only in emergencies, known potential objectors given at least twenty-four (24) hours’ notice if a permanent conservatorship will be contested, ordinarily a bond or blocked account for the estate, and special powers specified in the petition, with a physician’s declaration for a medically related power (6.01.0); an investigation unless excused or waived, at least twenty-five (25) calendar days’ notice, the petitioner providing the form of order appointing the investigator and an additional petition copy, and legal authority and facts if it should be waived (6.02.0); appearances required at the hearing on all petitions for appointment (6.02.1); independent powers requested with the reasons they are needed, on forms GC-210 and GC-310 for a guardian or non-LPS conservator, only necessary and proper powers granted (6.03.0); a limited conservatorship petition and counsel mandatory for a person with a developmental disability (the Court may find a general conservatorship appropriate), and a public defender on facts establishing financial inability (6.04.0); a notice of residence filed with all accountings, unless a final accounting is for the death, and on any change in residence (6.05.0); a proposed conservatee who made a nomination or waived the bond to prove the capacity to understand it at the time, which may be by oral representation at the hearing but not by counsel’s statement that the conservatee is present and does not object (6.06.0); 6.07.0 revoked 7/01/17 and 6.08.0 revoked 1/01/20 (6.07.0 and 6.08.0); an inventory and appraisal filed in every conservatorship or guardianship of the estate, so indicating when there are no assets, each minor’s interests separately stated (6.09.0); 6.10.0 and 6.11.0 revoked 7/01/17 (6.10.0 and 6.11.0); a request to increase or reduce the bond presenting the bond calculation of personal property, probable annual gross income, probable annual gross payments and cost of recovery, with the total (6.11.5); a successor guardian petition on a Judicial Council initial guardianship petition form (6.12.0); posting of a notice of sale requested under local rule 5.16.0, subdivision (e), and an ex parte petition and order to notify the Court of an intention to sell a conservatee’s personal residence (6.13.0); the one (1) year accounting noticed for a hearing within sixty (60) days after the appointment’s anniversary date, prepared under local rule 5.17.1, stating whether the conservatee or ward has a spouse or domestic partner, is or has been a state hospital patient or has property entitling the Veterans Administration to notice, with separate schedules for each minor (6.14.0(a) to 6.14.0(d)); a professional fiduciary filing only the account statements described by subdivision (c)(2) and lodging the others (6.14.0(e)); waiver of accounting (Probate Code section 2628) on a petition, which may be heard ex parte, asserting that the conservatee or minor over the age of 14 was informed and agreed or did not respond (6.14.0(f)); 6.15.0 revoked 7/01/17 (6.15.0); removal of a conservator or guardian under rule 5.11.0 (6.16.0); a termination other than for death or majority set for hearing at least thirty (30) days in advance for an investigation, notice on settlement of the final account to the former conservatee or ward or a deceased one’s representative, heirs or devisees, and a guardian discharged by separate declaration with the former minor’s receipt, not until one (1) year after majority without a valid release (6.17.0); and fees set by the Court, court authorization for advance payment, no temporary conservatorship fees unless Probate Code section 2640 is satisfied, services evaluated as a whole, not as “ordinary” and “extraordinary,” the request referenced in the caption and notice of hearing, only court-appointed counsel’s fees in the order appointing a conservator, no attorney’s fees for an attorney fiduciary in a law firm without a declaration not to share them, and the Court may reduce fees for less than a full year, award a larger compensation to an attorney who performed bookkeeping for an individual fiduciary and deduct from commissions any sum paid from estate funds for the fiduciary’s duties (6.18.0)
6.00.0 CONSERVATORSHIP AND GUARDIANSHIP RULES 6.00.5 General Probate Rules Applicable to Conservatorship and Guardianship Cases: Except as otherwise provided in these rules, all generally applicable provisions in this Court’s local probate rules (commencing with rule 5.01.0) apply to conservatorship and guardianship proceedings. 6.01.0 Temporary Conservatorships and Guardianships: a. A petition fo
Reviewer note: Composed 2026-10-15 (California T4 Tuolumne build 2026-10-15) from BenchPath custody ca/t4/ca-tuolumne/docs/local-rules/local-rules-effective-aug-27-2026.pdf (the court's rule book, its cover “TUOLUMNE COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE AUGUST 27, 2026”, as fetched 2026-10-15; 1761964 bytes, sha256 d8dd3a98b9379c23580021b0a984d40fbc1adb83653c5e17edbe95a1fc3e27f2; 73 pages; this part PDF pages 42 to 47, page numbers 42 to 47) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 57) composed as one text and cut at the twelve chapter headings (“1.00.0 DIVISION OF BUSINESS AND GENERAL RULES” to “12.00.0 WRITS AND APPEALS”), each matched once as a whole line, one card per chapter; the book's caption above the first chapter (“SUPERIOR COURT OF CALIFORNIA / COUNTY OF TUOLUMNE / --o0o-- / RULES OF COURT - JANUARY 1, 2020”) cut out as a part of its own and held - a caption, not a rule; every page's running head (“LOCAL RULES - SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE”, named), page number and the five “///” continuation marks removed as chrome - 99 chrome lines; lines reflowed into the rules' paragraphs, each chapter and rule number and lettered or numbered subdivision starting a line; 2 whitespace-only fixes (build/book-fixes.json: Rule 2.06.0's three case management plans, printed one to a line, split back onto their lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-extra-audits-2026-10-15.txt and the two audits' runs) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the list of the court's officers (2), the instructions (3), the table of contents (4 to 10), the appendix page (58: Form TUO-TRF-100, revised June 9, 2015, printed as a page image over an earlier edition's index that stays in the text layer), the Approved Local Forms by Name (59 to 64), the Alphabetical Subject Matter Index (65 to 70) and the Table of Authorities (71 to 73) 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.
California > Fifth Appellate District > Tuolumne County > Superior Court of California, County of Tuolumne
6.00.0 CONSERVATORSHIP AND GUARDIANSHIP RULES 6.00.5 General Probate Rules Applicable to Conservatorship and Guardianship Cases: Except as otherwise provided in these rules, all generally applicable provisions in this Court’s local probate rules (commencing with rule 5.01.0) apply to conservatorship and guardianship proceedings. 6.01.0 Temporary Conservatorships and Guardianships: a. A petition for appointment of a temporary conservator or guardian filed pursuant to Probate Code section 2250 must state facts establishing the urgency requiring appointment of a fiduciary (i.e., situation requiring immediate action to protect the health, welfare, and/or estate of the proposed conservatee or ward). A temporary conservator or guardian shall not be appointed without a hearing and may be appointed without notice only in emergency situations. b. If the petitioner is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors must be given at least twenty-four (24) hours’ notice of the time and place the petition for appointment of the temporary conservator will be presented. c. Ordinarily, the Court will require a bond or a blocked account for temporary conservators or guardians of the estate. d. Good cause must be shown for special powers to be granted without a hearing. If special powers are sought, they must be specified in the petition and supported by factual allegations. In any case involving a special medically related power, a physician’s declaration shall be presented with the petition. (Amended 7/01/17, 7/01/16, 7/01/10, 1/01/01; effective 7/01/98) 6.02.0 Investigations: On all petitions for appointment of a conservator or guardian, an investigation shall be conducted pursuant to Probate Code section 1826 or 1513 unless the investigation is excused or waived. Notice of at least twenty-five (25) calendar days is required in order for the court investigation to be completed. The petitioner shall provide the form of order for appointment of the court investigator at the time the petition is filed and shall promptly notify the investigator of the appointment. The petitioner is required to provide an additional copy of the petition and any other required documents to the clerk for use by the court-appointed investigator. Where the petitioner asserts that an investigation is not required or should be waived by the Court, he or she shall present the specific legal authority for that assertion, as well as supporting facts. (See, e.g., Prob. Code, § 1513, subd. (a) [guardianship investigation]; id., § 1826, subds. (d)-(e) [conservatorship investigation].) (Amended 1/01/19, 7/01/16, 7/01/03,1/01/01; effective 7/01/98) 6.02.1 Appearances: Appearances are required at the hearing on all petitions for appointment of conservators or guardians. (Effective 7/01/16 [moved from rule 5.02.0]) 6.03.0 Independent Powers: If independent powers under Probate Code sections 2590 and 2591 are requested, the petition shall specify the powers requested and the reasons such powers are needed. Where the request is made as part of a petition for appointment of a guardian or non-LPS conservator, the petitioner shall follow the instructions for providing this information in the mandatory Judicial Council form petitions. (See Judicial Council forms GC-210 and GC-310.) In all other situations, including in LPS conservatorship proceedings, the petitioner shall present this information clearly in the body of or as an attachment to the petition, as appropriate. (See Prob. Code, § 2592.) Only those powers determined by the Court to be necessary and proper shall be granted. (Amended 7/01/17, 7/01/16 , 7/01/01, 1/01/01; effective 7/01/98) 6.04.0 Limited Conservatorships: a. If the proposed conservatee is a person with a developmental disability, as defined at Probate Code section 1420, a petition for limited conservatorship is mandatory. However, pursuant to Probate Code section 1828.5, subdivision (d), the Court may find, based on the results of the investigation, that a general conservatorship (as opposed to a limited conservatorship) is appropriate. b. Appointment of counsel for a proposed limited conservatee is mandatory. An ex parte application and order for appointment of counsel may be submitted prior to the hearing to avoid continuance or delay. If a public defender is requested, the application must set forth facts establishing the proposed conservatee’s financial inability to obtain private representation. (Amended 7/01/16, 1/01/01; effective 7/01/98) 6.05.0 Notice of Residence: In every conservatorship and guardianship case, a notice of the conservatee’s or ward’s residence must be filed with all accountings, including the final accounting (unless the reason for the final accounting is the death of the conservatee or ward), and any time there is a change in residence. a. For accountings, this requirement may be satisfied by (1) including the conservatee’s or ward’s address in the body of the petition for approval of the accounting or (2) use of a separate notice of residence attached to or filed concurrently with the accounting. b. For changes in residence, the conservator or guardian shall comply with Probate Code section 2352 and California Rules of Court, rule 7.1013 or 7.1063, as applicable, and use the appropriate mandatory Judicial Council forms. (Amended 7/01/17, 7/01/16, 7/01/10, 1/01/01; effective 7/01/98) 6.06.0 Conservatee’s Mental Capacity: A proposed conservatee who has made a nomination and/or waived the requirement of a bond must prove to the Court that he or she has or had the capacity to understand the nature and significance of such action(s) at the time of making the nomination and/or waiving the bond. This showing may be made by oral representation at the hearing on the appointment. A statement by counsel that the conservatee is present and does not object is not sufficient. This rule also applies in all such cases, including those in which the proposed conservatee is the petitioner. (Amended 7/01/16, 1/01/01; effective 7/01/98) 6.07.0 Declaration Under UCCJEA (Revoked 7/01/17; amended 7/01/16, 1/01/01; effective 7/01/98) 6.08.0 Guardianship Funds for Support of Minor (Revoked 1/01/20; amended 7/01/16, 1/01/01; effective 7/01/98) 6.09.0 Inventories and Appraisals: a. An inventory and appraisal shall be filed in all cases involving a conservatorship or guardianship of the estate, even where relief from the requirements of filing accountings may be sought under Probate Code section 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate. b. If a guardianship of the estate has been established for more than one minor, the interests of each minor must be separately stated in the inventory and appraisal. (Amended 7/01/17, 7/01/16, 7/01/10, 1/01/01; effective 7/01/98) 6.10.0 Review Hearing for Inventory and Appraisal (Revoked 7/01/17; amended 7/01/16, 1/01/01; effective 7/01/98) 6.11.0 Separate Accounting for Several Minors (Revoked 7/01/17; amended 7/01/16, 1/01/01; effective 7/01/98) 6.11.5 Modification of Bond Amount: Any application, motion, petition, or request by a conservator or guardian to increase or reduce the bond amount pursuant to Probate Code section 2320 et seq. and, as applicable, California Rules of Court, rule 7.204 shall include all information relevant to the calculation of bond as set forth in these authorities and shall present the calculation in substantially the following form: Bond calculation Personal property $ Probable annual gross income Probable annual gross payments Cost of recovery + Total The categories in the above formula reference Probate Code section 2320, subdivision (c) and California Rules of Court, rule 7.207. (Effective 7/1/2019) 6.12.0 Petition to Appoint Successor Guardian: A petition to appoint a successor guardian shall be submitted on one of the same forms approved by the Judicial Council for initial guardianship petitions. (Amended 7/01/17, 7/01/16, 1/01/01; effective 7/01/98) 6.13.0 Sale of Property: a. Where posting of a notice by the court clerk regarding the sale of property of the conservatee’s or ward’s estate is required pursuant to subdivision (d) of Probate Code section 2543, the conservator or guardian shall follow the procedures for requesting posting that are set forth at local rule 5.16.0, subdivision (e). b. To notify the Court of an intention to sell a conservatee’s personal residence pursuant to Probate Code section 2540, subdivision (b), the conservator shall file an ex parte petition and order that fully complies with all requirements of that section. (Amended 7/01/17, 7/01/16, 1/01/01; effective 7/01/98) 6.14.0 Accountings: a. The accounting required by Probate Code section 2620, subdivision (a) to be presented to the Court at the expiration of one (1) year from the time of appointment of a conservator or guardian shall be filed and noticed for a hearing to be held within sixty (60) days after the anniversary date of the appointment. b. The conservator, guardian, or trustee who prepares the accounting shall comply with local rule 5.17.1. c. For purposes of ensuring proper notice, the conservator, guardian, or trustee who prepares the accounting shall state in the accounting or accompanying petition and report whether the conservatee or ward (1) has a spouse or domestic partner, (2) is or has been during the conservatorship or guardianship proceedings a patient in or on leave from a state hospital, and (3) has, in his or her estate, money, revenue, profit, or property that entitles the Veterans Administration to notice. (See Prob. Code, §§ 2621, 1460, 1461, 1461.5.) d. When a guardianship of the estate has been established for more than one minor, separate accounting schedules must be presented so that the receipts, disbursements, and assets pertaining to each minor’s estate are readily ascertainable. e. Account Statements: Instead of filing all original account statements showing the balance for all periods covered by the accounting pursuant to Probate Code section 2620, subdivision (c)(3), a professional fiduciary shall file only the account statements described by subdivision (c)(2) and shall lodge the account statements for all other periods covered by the accounting. Once the accounting is approved, the Court will return the lodged account statements to the depositor. f. Waiving of Accounts: 1. Pursuant to Probate Code section 2628, the Court may waive the requirement of an accounting. A petition for waiver of accounting may be heard ex parte, subject to the Court’s review of the most recent court investigator’s report. The petition must assert that the conservatee or minor over the age of 14 was informed in person or in writing of the conservator’s or guardian’s request for the waiver and that the conservatee or minor either agreed to the requested waiver or did not respond. 2. If the conditions of Probate Code section 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code section 2628, subdivision (a) are no longer applicable. This condition must be set forth explicitly in the order. The petitioner must, nevertheless, continue to keep accurate records in order to prepare any accounts that may be required pursuant to Probate Code section 2628, subdivision (b) or (c). (Subd (e) adopted effective 1/01/19, subd (f) re-lettered effective 1/01/19; amended 7/01/17, 7/01/16, 1/01/01; effective 7/01/98) 6.15.0 Waiving of Accounts (Revoked 7/01/17; amended 7/01/16, 1/01/01; effective 7/01/98) 6.16.0 Removal of Conservator or Guardian: For removal of a conservator or guardian, petitioners should use the procedures set forth in rule 5.11.0. (Amended 7/01/16, 1/01/01; effective 7/01/98) 6.17.0 Termination of Conservatorship or Guardianship: a. Investigation: When a conservatorship or guardianship is being terminated for reasons other than the conservatee’s or ward’s death or the ward’s attaining the age of majority, a hearing must set at least thirty (30) days in advance of the proposed date of termination in order to allow time for an investigation. b. Notice: Notice must be given to a former conservatee or ward on the settlement of the final account. Notice also must be given to the representative of a deceased conservatee or ward. If the representative of the estate is the same person as the conservator or guardian or if there is no such representative, notice also must be given to the heirs or devisees of the deceased conservatee or ward. c. Discharge of a Guardian: Discharge of a guardian will not be made in the order settling the final account. A separate declaration for final discharge must be submitted together with the receipt executed by the former minor. The declaration must show the date on which the minor reached the age of majority. A guardian is not entitled to discharge until one (1) year after the former minor has reached the age of majority unless the former minor has given the guardian a valid release. (Amended 7/01/16, 1/01/01; effective 7/01/98) 6.18.0 Fees and Commissions: a. All fees and compensation for attorneys and fiduciaries shall be set by the Court. b. Court authorization is required for advance payment of any compensation to a guardian, conservator, or attorney for any such fiduciary. c. Attorney’s and conservator’s fees are not payable under a temporary conservatorship unless Probate Code section 2640 is satisfied. d. The Court will evaluate the services as a whole rather than designate part of the services as “ordinary” and part of the services as “extraordinary.” e. The caption of a petition including an application for the payment of fees and commissions, as well as the notice of hearing of such a petition, shall include a reference to the request. f. Attorney’s fees and fiduciary’s fees may be reduced when the services in question have been rendered for less than a full year. g. In the event the attorney has performed bookkeeping and other services for an individual fiduciary, the Court may award the fiduciary’s attorney a larger compensation and the individual fiduciary a lesser compensation. h. Only legal fees for counsel appointed by the Court to represent the conservatee may be awarded and included in the order appointing a conservator. i. Where an attorney is the fiduciary and is a member of a law firm, attorney’s fees will not be allowed unless a declaration is executed and filed by the fiduciary agreeing that the fiduciary will not share in the attorney’s fees to be received by the firm. j. The fiduciary may employ tax counsel, accountants, and/or other tax experts for the preparation of tax returns and for other tax-related services. The Court may deduct from the fiduciary’s commissions any sum paid from estate funds for performance of the fiduciary’s duties, such as ordinary accounting and bookkeeping services. (Amended 7/01/16, 1/01/01; effective 7/01/98)
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.