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Local Family Rules of Court
FAMILY RULE 5 LAW AND MOTION
A. CASE ASSIGNMENT
B. PROOF OF SERVICE
C. USE OF FORMS
D. DECLARATIONS
E. EX PARTE APPLICATIONS AND ORDERS
F. SPECIAL PROCEDURES FOR RESTRAINING ORDERS
G. FAX FILING IN DOMESTIC VIOLENCE CASES
H. MODIFICATION BY STIPULATION
I. CALENDAR
J. MATTERS TAKEN OFF CALENDAR
K. ONE SETTING PER CALENDAR CALL AND CONFLICTS
L. MEET AND CONFER REQUIREMENTS
M. HEARINGS
N. DOCUMENTARY EVIDENCE
O. WRITTEN STIPULATIONS
P. CUSTODY / VISITATION MATTERS
Q. OFFERS OF PROOF
R. EXTRA FILED DOCUMENTS
S. WITNESSES
T. TIME ESTIMATES
U. PREPARATION OR ORDER AFTER HEARING
V. CONTEMPT
W. APPOINTMENT OF ATTORNEYS FOR CHILDREN
A. CASE ASSIGNMENT
(1) THE FAMILY LAW COMMISSIONERS
As provided by statues or upon stipulation, the Family Law
Commissioners shall hear all Title IV-D support cases, U.I.F.S.A., Department
of Child Support Services (DCSS) paternity, custody and visitation issues raised in IV-D cases as
provided by law, support enforcement, and welfare reimbursement cases, as
well as other family law matters upon assignment.
(Eff. 1/1/05)
(2) ALL-PURPOSE JUDGES
Upon the filing of the first paper in any case, the clerk
shall randomly assign the case to one department, permanently. The judge in
that department is the All-Purpose Judge (APJ). If a case is sent for trial
to the Civil Division based on its expected length or other reasons, the APJ
shall still decide all issues up to trial, including any ex parte requests
and motions to continue the trial, according to these Family Rules.
(Eff. 1/1/08)
(3) CASES INVOLVING EMPLOYEES
In the event that a court employee assigned to the Family
Law Division
or a deputy sheriff assigned to the Family Law Division is a party, the clerk or
Supervising Judge of the Family Law Division shall transfer the case to the
Civil Division for assignment.
(Eff. 1/01/07)
B. PROOF OF SERVICE
If a responding party fails to appear at a hearing, the
moving party must immediately submit proof of timely service to the Court,
otherwise the matter will be taken off calendar or reissued for service. All
parties shall comply with the applicable statutes requiring service upon a
party after entry of a judgment of dissolution.
(Eff. 1/01/07)
C. USE OF FORMS
All documents filed for matters pending in the Family Law
Division shall be on the forms prescribed by the Judicial Council or local
rule.
D. DECLARATIONS
(1) FACTUAL BASIS
All declarations shall be based upon personal knowledge of
the declarant.
Declarations containing hearsay are subject to a motion to strike the whole
unless the hearsay is substantiated by a supplemental declaration by the
hearsay declarant.
(Eff. 1/01/07)
(2) EXTRAORDINARY RELIEF
A very specific declaration must be given when extraordinary
relief is sought. A specific declaration includes the dates of incidents,
descriptive facts, and specific harm caused. Extraordinary relief includes,
without limitation, temporary custody, restriction of visitation, or removal
of one party from the family residence.
(3) DECLARATIONS UPON EX PARTE APPLICATION
Attorneys and parties shall adhere to the highest standards
of full disclosure in preparing the declarations in support of ex parte
orders.
(Eff. 1/1/02)
E. EX PARTE APPLICATIONS AND ORDERS
(1)
Ex Parte Applications are extraordinary remedies. Most Ex
Parte Applications are appropriate only where an emergency needs to be
addressed before a motion or OSC can be heard. All Ex Parte Applications are
handled on the documents submitted. No hearings are scheduled to argue Ex
Parte Applications.
(Eff. 1/1/05)
(2) THE DOCUMENT EXAMINER
All ex parte requests shall be submitted to the Document
Examiner. The Document Examiner shall hold all notices of application
(except TROs and matters involving domestic violence) for 24 hours prior to
submission to the APJ or commissioner, except as provided below. Ex parte
applications received by the court after 4 p.m. will be deemed for notice
purposes to have been submitted at 8:30 a.m. on the following court day. Any
filing fees due with the motion shall be submitted with the documents to the
Document Examiner.
(Eff. 1/01/07)
(3) NOTICE OF APPLICATION
The moving attorney or self-represented party must give
notice of all ex parte applications to the opposing attorney or
self-represented party prior to submission of the request, except where
there is an agreement, where it is impossible to give notice, where notice
would result in irreparable injury or where no significant burden or
inconvenience would result.
(Eff. 1/1/02)
(4) MANNER OF NOTICE
Notice, including the Declaration re Notice described below,
proposed orders, and all moving papers, must be either personally served upon the opposing
attorney or self-represented party, transmitted by FAX with telephone or
electronic confirmation of receipt, served
by first class mail at least 5 calendar days prior to submission to the
document examiner, or served by an overnight or next-day carrier with either
telephone confirmation of receipt or return receipt prior to submission to
the document examiner. Service by mail shall be allowed only where notice by
FAX or personal delivery is impossible. Telephone notice alone is not
sufficient.
(Eff. 1/01/07)
(5) DECLARATION RE NOTICE OF EX PARTE APPLICATION
The attorney or self-represented party requesting ex parte
orders must submit a Declaration re Notice of Ex Parte Application (see
attached local form
FM-1013).
(Eff. 1/01/07)
THERE IS AN ABSOLUTE DUTY TO DISCLOSE BOTH (1) THE FACT THAT
A REQUESTED EX PARTE ORDER WILL RESULT IN A CHANGE OF STATUS QUO AND (2)
WHETHER ORDERS ARE ALREADY IN EFFECT REGARDING THE SAME ISSUE.
(Eff. 1/01/07)
(6) OPPOSITION
Responding/opposing attorneys or self-represented parties
shall submit their objections to the party moving for ex parte application
and the document examiner in writing within 24 hours of submission of the proposed orders to the Court. The Court may request an expedited response in some instances.
(Eff. 1/01/07)
(7) STANDING ORDERS, EXCEPTIONS TO NOTICE AND DECLARATION
REQUIREMENTS
The Document Examiner may issue on behalf of the Court ex
parte orders without compliance with the foregoing requirements of notice
and supporting declarations under the following circumstances:
(Eff. 1/1/02)
a. Requests for ex parte orders directing the parties to
Family Court Parenting Orientation where custody or visitation is raised as
an issue for the first time in a case, and mediation at Family Court
Services;
(Eff. 1/1/02)
b. Requests for mutual ex parte orders restraining removal of the minor
child(ren) of the parties from the State of California or the Greater Bay Area, if the child(ren) are
in the Greater Bay Area at the time of the request. The “Greater Bay Area”
means the counties of Alameda, Contra Costa, Santa Clara, San Mateo, San
Francisco, Marin, Sonoma, Napa, Solano, Monterey, and Santa Cruz.
(Eff. 1/01/07)
c. Requests for mutual ex parte orders directing the parties to exchange
state and federal tax returns, including any and all supporting schedules
for the 3 prior
tax years and payroll stubs for the prior 4 months, on a date certain at
least 5 Court days prior to the hearing of any motion for support or
attorney fees and costs; or,
d. Requests for orders directing any party incurring expenditures, after
the date of separation, in the ordinary course of business, or for the
necessaries of life, to pay for such expenses from his or her separate
property income before using community assets.
(Eff. 7/1/05)
(8) EXCLUSIVE USE OF A VEHICLE
An ex parte order for exclusive use of a vehicle will not be
granted unless the declaration demonstrates that the opposing party has
suitable transportation available or requires no such transportation, or
other good cause.
(9) REMOVAL FROM A RESIDENCE
An ex parte order removing a party from a residence will not
be issued without supporting declarations as required by applicable law.
(10) MODIFIED ORDERS
If the Court modifies any requested orders, the submitted
copies will be DESTROYED and photocopies of the modified original shall be
provided to the moving party by the Clerk’s Office, without charge. However,
it will still be the ultimate responsibility of the attorney or
self-represented party to insure all copies are conformed with the changes
before filing and service.
(Eff. 1/1/02)
(11) SET ASIDE OF EX PARTE ORDER
If a responding party requests an ex parte order be set
aside prior to the date set for hearing, notice shall be given to the moving
party. The Court may order an earlier hearing date or modify the orders on a
proper showing in lieu of setting aside the orders.
(Eff. 1/1/98)
(12) ONLINE STATUS OF EX PARTE APPLICATIONS
The Court will post on
http://sccsuperiorcourt.org/family/exparte.htm
the status of ex parte matters that have been submitted to the Court for
review and signature.
(Eff. 1/01/07)
F. SPECIAL PROCEDURES FOR RESTRAINING ORDERS
Any restraining orders under the Domestic Violence
Prevention Act, Family Law Act, Civil Harassment Prevention Act, Workplace
Violence Prevention Act, or restraining orders preventing elder abuse, which involve personal conduct
orders, stay away orders, or residence exclusion orders shall be submitted
to the Court on the CLETS forms or other Judicial Council approved forms.
(Eff. 1/01/07)
Pursuant to Family Code section 6380, personal conduct,
residence exclusion, and stay away orders, as well as proofs of service of
such orders and custody and visitation orders issued in these cases, will be
faxed by the Court to the Sheriff’s Office for entry into the domestic
violence restraining order system. Parties may also deliver certified copies
of the orders and proofs of service to law enforcement agencies. All
restraining order applications and orders after hearing shall be accompanied
by the
Confidential CLETS Information Form DV-260 and, if the applicant is
requesting that the Sheriff serve the orders, by the Request for Sheriff to
Serve (attached
form FM-1041), which shall not become part of the court file.
All ex parte requests for CLETS restraining orders shall include a completed
Declaration in Support of Ex Parte Application for Orders (attached
form FM-1013). The local form entitled
How to Safely Turn in Firearms and Ammunition (attached
form FL-1047)
shall be served with any temporary restraining order or restraining order
after hearing (CLETS).
(Eff. 1/1/08)
In the event that the Court issues mutual restraining orders
following a hearing, such orders must be stated on two separate forms, one
for each party.
All personal conduct and stay away restraining orders in a judgment must
include the date of expiration of such orders and good cause for granting
such order(s) shall be set forth in attached declaration(s). In addition,
all such restraining orders must be separately set forth on a CLETS or other
applicable Judicial Council form.
(Eff. 1/1/05)
(1) COURT COMMUNICATION REGARDING RESTRAINING ORDERS
a. Subject to available resources, the Family, Juvenile, and
Probate Courts shall examine appropriate available databases for existing
restraining or protective orders involving the same restrained and protected
parties before issuing CLETS Civil Restraining Orders. In the
event that this information is not available to the judicial officer,
inquiry shall be made of the parties before issuing permanent CLETS Civil
Restraining Orders.
(Eff. 1/01/07)
b. Any order of the Family, Juvenile, or Probate Court that permits contact
between a defendant/restrained person subject to either CLETS Civil
Restraining Orders or Criminal Protective Orders and his or her child(ren),
shall contain specific language setting forth the time, day, place, and
manner of the transfer of the child(ren), including the safe exchange of the
child(ren), in accordance with Section 3100 of the Family Code. Such an order
shall not contain language that conflicts with a Criminal Protective Order.
Safety of all parties shall be the Court’s paramount concern. The Court or a
Court-related agency may recommend safe and specific contact with the
child(ren) and direct the defendant/restrained person and/or the
victim/protected person to the process for modification of protective
orders.
(Eff. 1/01/07)
(2) MODIFICATION OF CRIMINAL PROTECTIVE ORDERS
a. Any Court responsible for issuing custody or visitation
orders involving minor child(ren) of a defendant/restrained person subject to
a Protective Order in Criminal Proceeding (CLETS) (Judicial Council form
CR-160), also known as Criminal Protective Order, may modify the Criminal Protective Order if all
of the following circumstances are satisfied:
(Eff. 1/01/07)
i. Both the defendant/restrained person and the
victim/protected person are subject to the jurisdiction of the Family,
Juvenile, or Probate Court, and both parties are present before the Court.
ii. The defendant/restrained person is on probation (formal or court) for a
domestic violence offense in Santa Clara County or is currently charged with
a domestic violence related offense in Santa Clara County and a Criminal
Protective Order has issued.
(Eff. 1/1/06)
iii. The Family, Juvenile, or Probate Court identifies a Criminal Protective
Order issued against the defendant, which is inconsistent with a proposed
Family, Juvenile, or Probate Court Order, such that the Family, Juvenile, or
Probate Order is/will be more restrictive than the Criminal Protective Order
or there is a proposed custody or visitation order which requires
recognition in the Criminal Protective Order (Boxes 12 or 13 or both on the
Criminal Protective Order form).
(Eff. 1/01/07)
iv. The defendant signs an appropriate waiver of rights form or enters a
waiver of rights on the record.
v. Both the victim/protected person and the defendant/ restrained person
agree that the Criminal Protective Order may be modified to a more
restrictive order or to add Box 12 or 13 or both to the Criminal Protective
Order.
(Eff. 1/01/07)
b. The Family, Juvenile, or Probate Court may not modify
existing Criminal Protective Orders to be less restrictive. Only if child(ren)
are not listed as protected persons, a modification of the Criminal
Protective Order to check Box 12 or 13 or both to the Criminal Protective
Order shall not be considered less restrictive.
(Eff. 1/01/07)
c. The Family, Juvenile, or Probate Court may on its own
motion or at the
request of a defendant, protected person or other interested party, calendar a hearing
before the Criminal Court on the issue of whether a Criminal Protective
Order should be modified. The Family, Juvenile, or Probate Court shall
provide the Criminal Court with copies of existing or proposed Orders
relating to the matter. Notice of the hearing will be provided to all
counsel and parties.
(Eff. 1/01/07)
G. FAX FILING IN DOMESTIC VIOLENCE CASES
(1) DEFINITIONS
a. SERVICE PROVIDER
“Service provider” means an entity authorized by the Court
to provide fax filing services to the public and the Court for domestic
violence cases, to transfer filings and messages to and from the Court, and
to pay any applicable filing fees to the Court.
b. FAX
“Fax” and fax filing shall be as defined in California Rules
of Court Rule 2003.
(2) DIRECT FILING
a. Pursuant to CRC Rule 2.304, et seq.,
authorized service providers may directly file domestic violence restraining
order applications, temporary restraining orders, and proofs of personal
service by fax. Such filings shall be submitted to a number to be designated
by the court.
b. A facsimile filing shall be accompanied by a Domestic Violence Facsimile
Filing Cover Sheet. (See
attached form
FM-1000.) This shall be the
first page transferred, to be followed by any special handling instructions
required. If the domestic violence restraining order application is
submitted with initial documents which require the payment of a filing fee,
such as a dissolution or paternity action, the facsimile filing shall also
be accompanied by a Judicial Council Facsimile Filing Cover Sheet with the
applicable credit card information. This shall be the second page
transmitted in that event. The Court is not required to keep a copy of the
cover sheet and attachment. Any credit card information will be kept
confidential by the Court.
c. Each document transmitted for direct filing with the Court shall contain
the phrase “by fax” immediately below the title of the document. Each
service provider shall also include its applicable PIN number where
indicated on the Domestic Violence Facsimile Filing Cover Sheet.
d. There shall be no facsimile filing fee for the filing of domestic
violence restraining orders.
(3) SIGNATURES
a. A person who files or serves a signed document by fax
pursuant to the Code of Civil Procedure and this rule represents that the
original signed document is in his or her possession and control.
b. At any time after the filing or service of a signed facsimile document,
any other party may serve a demand for production of the original physically
signed document. The demand for production shall be served on all other
parties but shall not be filed with the Court.
c. Notwithstanding any other provision to the contrary, including sections
255 and 260 of the Evidence Code, a signature produced by facsimile
transmission is an original.
(4) SERVICE PROVIDERS
a. Service providers shall be required to sign a Memorandum
of Understanding with the Court and attend periodic training sessions
regarding domestic violence restraining orders and court procedures.
b. The Court shall maintain a list of approved service providers for
facsimile filing of domestic violence cases. Each approved service provider
shall be assigned a PIN number for identification purposes.
(Eff. 1/1/98)
H. MODIFICATION BY STIPULATION
In any case in which modification of an existing order in
Family Court is sought by stipulation, the stipulation must be signed by
both parties and their respective attorneys. Any self-represented party’s
signature must be notarized or otherwise authenticated by a member of the
bar.
(Eff. 1/1/02)
I. CALENDAR
(1) INITIAL SUPPORT MOTIONS
All initial motions or orders to show cause for child, spousal
or partner support shall be calendared within 30 calendar days of the filing of the
motion or order to show cause, except upon the request of the moving party
for additional time.
(Eff. 1/1/07)
(2) LAW AND MOTION MATTERS
If the moving attorney or self-represented party makes a
time estimate of 30 minutes or less, the hearing shall be set on the law and
motion calendar.
(Eff. 1/1/02)
(3) DISPUTED TIME ESTIMATES FOR MATTERS ON THE LAW AND
MOTION CALENDAR
If the responding attorney or self-represented party does
not agree that a matter on the law and motion calendar can be heard in 30
minutes or less, that person shall consult immediately with the moving
attorney or self-represented party in order to reach an agreement regarding
the time estimate. If they are unable to resolve the matter, they shall
calendar the first available CMC before the scheduled hearing date pursuant
to the applicable provisions of this rule.
The APJ shall then make a determination as to the time estimate and proper
assignment for hearing. Hearings will proceed on the calendared date absent
a contrary agreement or court order. In the absence of compliance with this
part, the Court may in its discretion impose attorney’s fees, costs, and/or
sanctions as a condition for resetting a matter on the long cause calendar.
The court may also make an interim support order pending a hearing on the
long cause calendar.
(Eff. 1/1/02)
(4) COUNTER-MOTIONS
A responding party may set a counter-motion on the law and
motion calendar for the same date only if space is available on the calendar
or if approved by the APJ and if the counter-motion will not cause the
hearing to exceed the 30-minute limit. The APJ’s approval shall be sought by
means of an application submitted to the document examiner.
(5) LONG CAUSE TIME ESTIMATES
Long Cause matters are law and motion matters which will
take longer than 30 minutes to hear.
To calendar initially long cause law and motion matters, the moving attorney
or self-represented party shall submit a declaration to the document
examiner which states the reason for the time estimate. If both attorneys or
self-represented parties agree on the time estimate, a stipulation and order
shall accompany the declaration with mutually available dates. The APJ shall
then set the matter for hearing or on the CMC calendar. Stipulations to
transfer a matter to the long cause calendar should be submitted at least 48
hours in advance of the originally scheduled date.
(Eff. 7/1/02)
(6) ORDER SHORTENING TIME
Requests for an early hearing date or for an order
shortening time for service shall be submitted to the document examiner as
an ex parte application, with supporting declaration and notice.
(7) CONTINUANCES
a. FIRST CONTINUANCE
Before the first hearing date, if the moving papers have
already been served and if the parties agree, one continuance may be
obtained by telephone or in person at the Clerk’s Office. Before a new
hearing date will be assigned, the requesting attorney or self-represented
party must fax or bring to the Clerk’s Office for filing, at least 2 court
days before the hearing, a stipulation signed by both attorneys or
self-represented parties, or a letter signed by the requesting attorney or
self-represented party confirming that the other party agrees to continue
the hearing. This procedure for continuing the first hearing date shall not
apply to hearings on requests for domestic violence or other restraining
orders.
(Eff. 1/1/08)
If the Court had issued an order shortening time for the
filing, service, and original hearing date, and the hearing date is then
continued by stipulation of the parties, the continuance will not affect the
dates for filing and service set by the original order shortening time
unless the Court specifically so orders.
(Eff. 1/1/08)
b. ADDITIONAL CONTINUANCES
The APJ may grant additional stipulated continuances upon an
appropriate showing of good cause. Such requests shall be submitted to the
Court in writing in advance of the hearing date.
Attorneys or self-represented parties shall notify the Court of any proposed
calendar changes at the earliest opportunity and no later than 24 hours
prior to the hearing. This courtesy will allow urgent matters to be added to
the calendar as the need arises.
(Eff. 1/1/02)
c. NEXT AVAILABLE DATE
All continuances shall be to the next available date open on
the Court’s calendar unless the APJ directs otherwise.
(8) INTERIM SUPPORT ORDERS
Where the Court grants an opposed request to continue an
initial support matter, the Court may set an interim support order at the
initial hearing within the time limits of that hearing and reserve
jurisdiction for retroactive modification at the continued hearing.
(Eff. 1/1/98)
J. MATTERS TAKEN OFF CALENDAR
(1) If a matter is to be taken off calendar, the moving
attorney or self-represented party shall notify the calendar clerk by
telephone; and if a matter is taken off calendar two court days or less
before the hearing, the moving party shall also notify the APJ’s clerk
(Eff. 1/1/02)
(2) After service of the moving papers, no matter shall be
taken off calendar without notice to the responding attorney or
self-represented party. The agreement of the responding attorney or
self-represented party shall be required to take off calendar any matter in
which the responding party has requested affirmative relief.
(Eff. 1/1/02)
K. ONE SETTING PER CALENDAR CALL AND CONFLICTS
The attorney for any moving party shall not set a matter for
hearing at a time which conflicts with any other case in any department,
except that more than one motion to withdraw as attorney of record may be
set by the same attorney on one or more calendars.
If an attorney is scheduled to appear in more than one matter at a time (for
example, as attorney for a moving party in one case and for a responding
party in another case), that attorney shall make reasonable effort, well in
advance of the hearing date, to obtain a stipulation from the opposing
attorney for a hearing on a different calendar call. Where the unresolved
conflict involves a screening, settlement conference, or trial, the attorney
with the conflict shall schedule a CMC.
(Eff. 1/1/98)
L. MEET AND CONFER REQUIREMENTS
Attorneys and self-represented parties in Order to Show
Cause or Notice of Motion matters are required to communicate with the
opposing attorney or self-represented party in advance of any scheduled
hearing in order to determine whether the issues can be settled
without a contested hearing. The only exception is when both parties are
self-represented and there are no-contact restraining orders prohibiting
contact. The moving party’s attorney or a self-represented moving party
shall contact the opposing attorney or self-represented party in advance
of the hearing to meet, to confer, and to learn whether issues can be
settled without a contested hearing. When a party fails to meet and
confer, the Court may consider such failure when making an award of
attorney’s fees and/or sanctions.
(Eff. 01/01/06)
M. HEARINGS
(1) PRESENCE OF PARTIES AND ATTORNEYS
The attorneys and parties shall be present in court when their case is
called for hearing, unless they have previously checked in with the court
staff and requested the matter be passed for settlement discussion.
An unopposed motion to withdraw may be submitted on the pleadings by a
telephone call to the clerk of the APJ at least 48 hours in
advance of the scheduled hearing. If a party or attorney cannot personally
appear because of illness, extreme economic hardship, or other good cause,
the attorney or self-represented party shall immediately contact the
opposing attorney or self-represented party and make every reasonable effort
to continue the hearing. In the absence of a stipulation to continue the
matter, the responding party shall file proper and timely responding
pleadings and, if necessary, set forth by attached declaration the attempts
to obtain a reasonable continuance.
(Eff. 1/01/07)
(2) FAILURE TO APPEAR
Failure of the moving attorney or self-represented party to be present at
the calendar call or to have informed the courtroom clerk or bailiff of his
or her presence may result in the matter being removed from the calendar. If
the responding party has appeared, attorney’s fees and costs may be awarded
to the appearing party. In the event the responding party fails to appear,
the Court may enter orders based solely on the pleadings and evidence
presented by the moving party or the court may continue the matter and award
attorney’s fees as appropriate.
(Eff. 1/1/02)
(3) TARDINESS
If, for any reason, the attorney or client is unable to be present at the
time of the calendar call, the Court and opposing party shall be notified
immediately by telephone of the reasons for, and the extent of, such delay.
The late attorney may be subject to personal sanctions.
(Eff. 1/1/98)
N. DOCUMENTARY EVIDENCE
Copies of documents intended to be offered as part of a case
in chief shall be provided to opposing parties prior to the court hearing.
An attorney or self-represented party may not wait until the time of the
hearing to surprise the opposition with documentary evidence not previously
provided. An
exception for the foregoing shall apply if the document clearly and
substantially impeaches the truthfulness of a party or witness and is offered
primarily for that purpose.
(Eff. 7/1/04)
O. WRITTEN STIPULATIONS
If the attorneys or self-represented parties settle a matter
after the initial calendar call, they should reduce the agreement to a
writing on the printed stipulation and order forms available in the
courtroom, sign, and submit it to the judge for signature. No attorney or
self-represented party shall represent that a case is settled when there is
“only” one issue remaining to be determined by the Court.
(Eff. 1/01/07)
P. CUSTODY/VISITATION MATTERS
All disputed custody or visitation matters raised in any
initial OSC or notice of motion shall be referred to the Parenting
Orientation and mediation procedure set forth in the appropriate
provisions of this rule. In addition, parties to such motions may be
referred to an emergency screening. The grounds for a screening are set
forth in Rule 2 C.(6). The Court may also refer the parties to
any motion or OSC for modification of custody or visitation to Family Court
Parenting Orientation, to mediation through Family Court Services, and/or
refer the parties to an emergency screening.
(Eff. 1/01/08)
Where the parties agree to the screening recommendations of Family Court
Services, they shall immediately execute a stipulation. Where the screening
recommendation is contested and would substantially change the prior custody
or visitation orders, at the Court’s discretion, the matter may be heard
that day, or as soon as possible.
(Eff. 1/01/07)
Q. OFFERS OF PROOF
Attorneys or self-represented parties shall be prepared to
present their case in all law and motion or long cause motions based upon
pleadings, declarations, and offers of proof. Attorneys and self-represented
parties shall be entitled to cross-examine witnesses so long as time
estimates are not exceeded and the court calendar has the available time. In
accordance with applicable law and the California Rules of Court, the Court
may limit or eliminate testimony on law and motion matters.
(Eff. 1/1/02)
R. EXTRA FILED DOCUMENTS
Attorneys or self-represented parties shall be prepared to
provide to the Court at the hearing endorsed-filed copies of all pleadings,
proofs of service, or prior orders, as it is not uncommon for all or part of
the court file to be unavailable.
(Eff. 1/1/02)
S. WITNESSES
An attorney or self-represented party shall make every
reasonable effort to stipulate to the testimony of any witness under
subpoena before the hearing to avoid the appearance of the witness.
The unnecessary retention of witnesses in court is not favored, and such
retention may be considered by the Court in awarding fees and costs.
(Eff. 1/1/02)
T. TIME ESTIMATES
Counsel and self-represented parties are to provide the
court with reasonable and accurate time estimates for contested hearings. If
the time estimate of either party is exceeded, the Court may, in its
discretion, rule without further hearing, defer the matter to the end of the
calendar if time permits, continue the matter to the next available date,
declare a mistrial for the hearing or order the matter off calendar.
U. PREPARATION OF ORDER AFTER HEARING
Unless otherwise ordered by the Court, the moving attorney
or self-represented party shall prepare a written order after hearing
following any hearing on the law and motion calendar and shall mail the
proposed order to the opposing attorney or self-represented party for
approval within 5 court days following the hearing. The Court may, in its
discretion, where one party is self-represented, provide that orders may be
mailed directly to the Court with a copy to the self-represented party. In
that instance, the order will generally be held for 5 court days for any
objections to be filed. To the extent possible, restraining orders issued by
the Court shall
be prepared, reviewed by all parties and counsel, and be signed by the Court
on the same day as the hearing.
(Eff. 1/01/07)
The approved order or objections to the proposed order shall be returned to
the preparer within 5 court days of the date served or the preparer may submit
the order without approval as set forth below. This time limit shall be
extended if a transcript is ordered, in which case the time will run 15
calendar days
from the date the transcript is mailed. If the preparer fails to prepare and
mail the order as required, the opposing attorney or self-represented party
may prepare the proposed order and mail it directly to the APJ with a copy
to be provided to the opposing attorney or self-represented party at the
same time.
(Eff. 1/01/07)
If there is a disagreement concerning the accuracy of the prepared order,
either side may request the Court to compel entry of the order and refer the
Court to applicable portions of the hearing transcript. Attorney’s fees and
costs, including costs of preparing the reporter’s transcript, may be
awarded depending upon the merits.
After an order has been signed by the judge and filed, the preparer shall
provide an endorsed-filed copy to the opposing attorney or self-represented
party.
V. CONTEMPT
(1) APPOINTMENT OF COUNSEL
a. At the call of the calendar, the Court shall advise a
self-represented citee of the right to counsel and the right to appointed
counsel, if indigent.
(Eff. 1/1/02)
b. If a party cited for contempt appears without an
attorney, one continuance will be granted to permit the citee to retain
counsel.
c. If the citee claims to be indigent, the Court shall refer the citee to
the appropriate office for a determination of financial eligibility and
representation.
d. The citee will be ordered to be present at the time and date set for the
continued hearing, thus avoiding further service.
(2) ORDERS
After the contempt hearing, it shall be the
responsibility of the moving attorney or self-represented party to prepare
an order, using the
Judicial Council form, for the signature of the Court, setting forth the findings and
orders of the Court. If the citee is self-represented, the moving attorney
or self-represented party shall submit the order directly to the Court,
without approval as to form and content by the self-represented citee. A
copy of the proposed order shall be provided to the other party at the same
time it is sent to the Court. If the citee is taken into custody at the
conclusion of the hearing, the order shall be filed before 4 p.m. the next
court day.
(Eff. 1/01/07)
(3) SENTENCING
a. After a finding of contempt and sentencing thereon, there
is no Court policy that a stay of execution will be granted. Counsel are
expected to advise their clients of this fact in advance of the court
hearing.
b. In appropriate cases, the Court may permit a continuance of sentencing to
assure compliance with court orders.
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - Appendix: A - B - C
List of attached Family local forms
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