- Timing of issuance
In all cases except for those filed in a satellite session, citations shall be issued at the time a Petition is filed and the case initiated. In any event, a citation shall issue prior to the case going to the judge for the first time in the courtroom exparte or in chambers, whichever occurs first. No citation shall issue until a timely Medical Certificate or Clinical Team Report has been filed with the Court or the Court has signed an Order waiving the requirement. If the Court has allowed a Medical Certificate or Clinical Team Report to be filed at a later date, the citation shall not issue until the Medical Certificate or Clinical Team Report has been filed. - The return date
The return date shall generally be approximately 28 days from the date of issuance of the citation unless:- If no temporary appointment is anticipated and the Petitioner requests a shorter return date, a citation with a return date 15 days or more (to give sufficient time if Petitioner is publishing the citation) from the issuance date may issue.
- A Motion for Short Order is allowed by the Court which can set any return date including one which is less than 15 days from the issuance date.
The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.