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The California NC 400 form serves as a critical tool for individuals seeking to change their names while ensuring their safety and privacy. This form is specifically designed for participants in the Secretary of State's Address Confidentiality Program, which is intended to protect individuals from domestic violence, stalking, sexual assault, or human trafficking. By utilizing this form, petitioners can maintain confidentiality regarding their current legal names, as mandated by California law. The NC 400 must be attached to various documents related to the name change process, including the petition itself and any supporting declarations. It is essential that the information on this form remains confidential, safeguarding the petitioner's identity from public disclosure. The form outlines specific instructions and requirements for its use, emphasizing the importance of protecting sensitive information throughout the legal proceedings. Furthermore, it details the circumstances under which a petitioner's confidentiality may be compromised, ensuring that individuals are aware of their rights and protections under the law.

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CONFIDENTIAL

NC-400

ATTORNEY (leave blank if no attorney)

STATE BAR NUMBER:

FOR COURT USE ONLY

 

 

 

NAME:

 

 

 

FIRM NAME:

 

 

 

STREET ADDRESS:

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

E-MAIL ADDRESS:

 

 

 

ATTORNEY FOR (name): [CONFIDENTIAL]

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

MAILING ADDRESS:

 

 

 

CITY AND ZIP CODE:

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

PETITION OF (name of each petitioner):

 

 

 

[CONFIDENTIAL]

 

 

 

 

 

 

CONFIDENTIAL COVER SHEET NAME CHANGE PROCEEDING UNDER

CASE NUMBER:

 

ADDRESS CONFIDENTIALITY PROGRAM (SAFE AT HOME)

 

 

 

 

 

INSTRUCTIONS: This petition for change of name is being brought by a petitioner who is a participant in the Secretary of State's address confidentiality program under Government Code section 6205 et seq. and who is petitioning (1) to avoid domestic violence, (2) to avoid stalking, (3) to avoid sexual assault, or (4) to avoid human trafficking. As provided by Code of Civil Procedure section 1277(b), the current legal name of the petitioner must be kept confidential by the court and must not be published or posted in the court's calendars, indexes, or register of actions, or by any means or in any public forum.

This Confidential Cover Sheet must be affixed to the first page of the petition and to any other documents filed in this name change action. (See Information Sheet for Name Change Proceedings Under Address Confidentiality Program) (Safe at Home) (form NC-400-INFO).)

This cover sheet is affixed to the following documents (check all that apply):

1.

 

Petition for Change of Name (form NC-100)

2.

 

Attachment to Petition for the Name Change (form NC-110)

 

3.

 

Order to Show Cause for Change of Name (form NC-120)

 

4.

 

Decree Changing Name (form NC-130)

 

5.

 

Civil Case Cover Sheet (form CM-010)

 

6.

 

Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at

 

 

 

Home) (form NC-410)

7.

 

Declaration in Support of Application to File Documents Under Seal in Name Change Proceedings Under Confidentiality

 

 

 

Program (Safe at Home) (form NC-420)

8.

 

Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program

 

 

 

(Safe at Home) (form NC-425)

9.

 

Other (describe):

 

Date:

The name of the petitioner is to remain confidential UNLESS:

1.The petitioner's participation in the address confidentiality program is ended (Gov. Code, § 6206.7); or

2.The court finds by clear and convincing evidence that the allegations of domestic violence or stalking in the petition are false. (Code Civ. Proc., § 1278(b).)

 

 

Page 1 of 1

 

 

 

Form Adopted for Mandatory Use

CONFIDENTIAL COVER SHEET—NAME CHANGE PROCEEDING

Code of Civil Procedure §§ 1277,

Judicial Council of California

1278; Cal. Rules of Court, rule 2.575

UNDER ADDRESS CONFIDENTIALITY PROGRAM (SAFE AT HOME)

NC-400 [Rev. January 1, 2019]

www.courts.ca.gov

 

(Change of Name)

 

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Form Specifications

Fact Name Description
Form Purpose The NC-400 form is a confidential cover sheet used in name change proceedings for individuals participating in the Address Confidentiality Program in California.
Governing Law This form is governed by California Government Code section 6205 et seq. and Code of Civil Procedure sections 1277 and 1278.
Confidentiality The petitioner's current legal name must remain confidential and not be disclosed in public forums, including court calendars and indexes.
Petitioner's Reasons Participants may petition for a name change to avoid domestic violence, stalking, sexual assault, or human trafficking.
Affix Requirement The NC-400 form must be affixed to the first page of the name change petition and any other related documents filed in the case.
Form Adoption This form has been adopted for mandatory use by the Judicial Council of California as of January 1, 2019.
Clear Evidence Clause The confidentiality of the petitioner's name may be lifted if the court finds clear and convincing evidence that allegations of domestic violence or stalking are false.
Form Revision The NC-400 form was last revised in January 2019, ensuring it remains up-to-date with current laws and procedures.
Related Forms Several forms are associated with the NC-400, including the Petition for Change of Name (NC-100) and the Order to Show Cause for Change of Name (NC-120).

California Nc 400: Usage Guidelines

Filling out the California NC 400 form is an essential step in initiating a name change proceeding under the Address Confidentiality Program. This program is designed to protect individuals who may be at risk of domestic violence, stalking, sexual assault, or human trafficking. After completing the form, it will need to be submitted along with other relevant documents to the court.

  1. Begin by entering your attorney's information, if applicable. Fill in the Attorney section, including the State Bar Number, Name, Firm Name, Street Address, City, State, ZIP Code, Telephone No., Fax No., and E-mail Address. If you do not have an attorney, leave this section blank.
  2. In the Attorney for section, write the name of the petitioner. This section is marked as CONFIDENTIAL.
  3. Fill in the Superior Court of California information. Enter the County, Street Address, Mailing Address, City and ZIP Code, and Branch Name.
  4. In the Petition of section, list the name of each petitioner, ensuring this information is marked as CONFIDENTIAL.
  5. Indicate the Case Number for the name change proceeding.
  6. Check all applicable boxes under the This Confidential Cover Sheet must be affixed to the following documents section. This includes the Petition for Change of Name and any additional documents relevant to your case.
  7. Enter the Date on which you are filling out the form.
  8. Finally, review the statement regarding the confidentiality of the petitioner's name. Ensure you understand the conditions under which the confidentiality may be lifted.

Your Questions, Answered

What is the purpose of the California NC 400 form?

The California NC 400 form is a Confidential Cover Sheet used in name change proceedings for individuals participating in the Address Confidentiality Program (Safe at Home). This program is designed to protect individuals from domestic violence, stalking, sexual assault, or human trafficking. The form ensures that the petitioner's current legal name remains confidential and is not disclosed in public court records.

Who should use the NC 400 form?

This form should be used by petitioners who are enrolled in the Address Confidentiality Program and wish to change their name for safety reasons. It is specifically for those who have valid concerns about their safety due to domestic violence, stalking, sexual assault, or human trafficking.

What documents must the NC 400 form be attached to?

The NC 400 form must be affixed to several documents related to the name change action. These include the Petition for Change of Name (form NC-100), Attachment to Petition for the Name Change (form NC-110), Order to Show Cause for Change of Name (form NC-120), and others as listed on the form. This ensures that all relevant documents maintain the confidentiality of the petitioner's name.

How does the confidentiality of the petitioner's name work?

The name of the petitioner remains confidential unless certain conditions are met. These conditions include the end of the petitioner's participation in the Address Confidentiality Program or a court finding that the allegations of domestic violence or stalking are false. This protection is crucial for maintaining the safety of individuals in vulnerable situations.

What should I do after completing the NC 400 form?

After completing the NC 400 form, it should be printed and affixed to the first page of your petition and any other related documents. Ensure that you keep a copy for your records. Additionally, remember to press the "Clear This Form" button to protect your privacy before sharing or submitting the form.

Where can I find more information about the Address Confidentiality Program?

More information about the Address Confidentiality Program and the NC 400 form can be found on the California courts website. The site provides resources and guidelines for individuals seeking to understand their rights and the procedures involved in name change proceedings under this program.

Common mistakes

  1. Omitting Attorney Information: If you have an attorney, ensure that their name and State Bar number are filled out. Leaving this section blank can delay processing.

  2. Incorrect Mailing Address: Double-check that the mailing address is accurate. An incorrect address can lead to missed notifications or documents.

  3. Not Checking All Applicable Documents: Make sure to check all documents that the Confidential Cover Sheet applies to. Failing to do so can result in incomplete submissions.

  4. Missing Signature: Ensure that the petitioner's signature is included. A missing signature can render the form invalid.

  5. Incorrect Case Number: Verify that the case number is correctly entered. An incorrect case number can complicate tracking and processing.

  6. Failure to Affix Cover Sheet: The Confidential Cover Sheet must be attached to the first page of the petition. Not doing so may lead to rejection of the documents.

  7. Neglecting Confidentiality: Remember that the petitioner's current legal name must remain confidential. Do not include it in any public forums or documents.

  8. Not Following Instructions: Review the instructions carefully. Ignoring specific guidelines can lead to errors and delays.

  9. Incomplete Contact Information: Ensure that all contact information, including telephone number and email address, is complete and accurate. This is crucial for communication.

  10. Ignoring the Clear This Form Button: After printing, be sure to press the "Clear This Form" button. This protects your privacy by ensuring that sensitive information is not stored.

Documents used along the form

When navigating the process of changing your name in California, especially under the Address Confidentiality Program, several key forms accompany the NC 400. Each document plays a specific role in ensuring the process is smooth and compliant with legal requirements. Here’s a brief overview of those forms.

  • Petition for Change of Name (form NC-100): This is the primary document where you formally request the court to change your name. It outlines your current name, the new name you wish to adopt, and the reasons for the change.
  • Attachment to Petition for the Name Change (form NC-110): This form allows you to provide additional details or evidence that support your name change request. It is often used to explain your situation further.
  • Order to Show Cause for Change of Name (form NC-120): This document notifies interested parties about your name change petition and sets a hearing date. It’s a crucial step in the legal process.
  • Decree Changing Name (form NC-130): Once your petition is approved, this decree is issued by the court, officially changing your name. It serves as legal proof of your new name.
  • Civil Case Cover Sheet (form CM-010): This form is a standard requirement for civil cases in California. It helps the court manage and track cases efficiently.
  • Application to File Documents Under Seal (form NC-410): If you need certain documents to remain confidential, this application requests the court's permission to seal those documents during the name change process.
  • Declaration in Support of Application to File Documents Under Seal (form NC-420): This declaration supports your request to keep documents confidential, explaining why confidentiality is necessary.
  • Order on Application to File Documents Under Seal (form NC-425): This order is issued by the court to grant or deny your request to seal documents. It is an important step in protecting your privacy.

Understanding these forms will help you navigate the name change process more effectively. Each document serves a specific purpose, ensuring your rights and privacy are protected throughout the proceedings.

Similar forms

The California NC 400 form is a crucial document used in name change proceedings, particularly for individuals participating in the Address Confidentiality Program. Several other forms serve similar purposes in terms of confidentiality and legal processes. Here are seven documents that share similarities with the NC 400 form:

  • Petition for Change of Name (form NC-100): This form initiates the name change process and requires details about the petitioner, similar to how the NC 400 provides a cover sheet for confidentiality.
  • Attachment to Petition for the Name Change (form NC-110): This document supports the petition with additional information, paralleling the NC 400's role in ensuring confidentiality during the proceedings.
  • Order to Show Cause for Change of Name (form NC-120): This order schedules a hearing regarding the name change request, much like the NC 400, which seeks to protect the petitioner's identity throughout the legal process.
  • Decree Changing Name (form NC-130): This finalizes the name change and is issued by the court, maintaining confidentiality for the petitioner as emphasized in the NC 400.
  • Civil Case Cover Sheet (form CM-010): This form is used in civil cases to provide essential information to the court, similar to how the NC 400 serves as a cover sheet for sensitive name change proceedings.
  • Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (form NC-410): This application seeks to keep documents confidential, reinforcing the protective measures highlighted in the NC 400.
  • Declaration in Support of Application to File Documents Under Seal in Name Change Proceedings Under Confidentiality Program (form NC-420): This declaration supports the application to keep documents sealed, aligning with the confidentiality focus of the NC 400.
  • Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (form NC-425): This order grants or denies the request to seal documents, echoing the NC 400's purpose of safeguarding the petitioner's identity.

Each of these documents plays a vital role in protecting the privacy of individuals undergoing name changes, particularly those in vulnerable situations.

Dos and Don'ts

When filling out the California NC 400 form, it is important to keep certain guidelines in mind. Here are five things you should and shouldn't do:

  • Do ensure that all personal information is accurate and complete.
  • Do check the boxes for all documents you are submitting with the cover sheet.
  • Do keep your current legal name confidential, as required by law.
  • Do follow the instructions carefully to avoid delays in processing your petition.
  • Do make copies of all submitted documents for your records.
  • Don't leave any required fields blank; this can lead to rejection of your form.
  • Don't share your personal information publicly or on social media.
  • Don't forget to sign and date the form before submission.
  • Don't submit the form without affixing the Confidential Cover Sheet to it.
  • Don't ignore the confidentiality guidelines outlined in the instructions.

Misconceptions

Misconceptions about the California NC 400 form can lead to confusion regarding its purpose and requirements. Below are ten common misconceptions along with clarifications.

  • The NC 400 form is only for victims of domestic violence. While many use it for this reason, it is also applicable for individuals seeking protection from stalking, sexual assault, or human trafficking.
  • Filing the NC 400 form guarantees that my name will be kept confidential forever. Confidentiality lasts as long as the individual remains in the address confidentiality program. If participation ends or if the court finds the claims false, the name may no longer be confidential.
  • The NC 400 form can be submitted without any supporting documents. This form must be affixed to the first page of the petition and any other relevant documents, including the Petition for Change of Name and other associated forms.
  • All court documents related to the name change will remain confidential. Only the petitioner's name is kept confidential; other details may still be accessible unless explicitly sealed by the court.
  • Once I submit the NC 400 form, I will automatically receive a new name. Submission of the form is just one step in the process. A court hearing is typically required to finalize the name change.
  • There is no need for an attorney when filing the NC 400 form. While it is not mandatory to have an attorney, legal assistance can help navigate the complexities of the process and ensure compliance with all requirements.
  • The NC 400 form is only relevant in California. This form is specific to California, but similar forms exist in other states, each with its own rules and procedures.
  • Filing the NC 400 form is a quick process. The name change process can take time, including waiting for court hearings and possible delays in processing paperwork.
  • My current legal name will be visible to the public during the process. The court is required to keep the petitioner's current legal name confidential, ensuring it is not published or posted in public forums.
  • Using the NC 400 form is optional if I am in the address confidentiality program. For participants in the program, using this form is essential to maintain confidentiality during the name change process.

Key takeaways

Filling out the California NC-400 form is a crucial step for individuals seeking to change their name under the Address Confidentiality Program (Safe at Home). Here are some key takeaways to consider:

  • Confidentiality is Essential: The NC-400 form is designed to keep your current legal name confidential. This is particularly important for those seeking to escape situations involving domestic violence, stalking, sexual assault, or human trafficking.
  • Attach the Cover Sheet: Always affix the NC-400 Confidential Cover Sheet to the first page of your name change petition and any related documents. This ensures that your request for confidentiality is recognized by the court.
  • Check All Relevant Documents: When filling out the form, be sure to check all applicable documents that you are submitting with your name change petition. This may include the Petition for Change of Name and other related forms.
  • Understand the Conditions: Your name will remain confidential unless your participation in the Address Confidentiality Program ends or if the court finds evidence that the claims of domestic violence or stalking are false.
  • Follow Instructions Carefully: Adhere to all instructions provided on the form and related materials. This will help avoid delays or complications in your name change process.

By keeping these points in mind, you can navigate the name change process more effectively and ensure your privacy and safety are prioritized.