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Local Family Rules of Court
FAMILY RULE 6 SETTLEMENT
CONFERENCES, SETTLEMENT OFFICER CONFERENCES, CASE MANAGEMENT CONFERENCES, AND TRIALS
AND LONG CAUSE HEARINGS
A. REQUEST FOR TRIAL
B. SETTLEMENT OFFICER CONFERENCE (SOC)
C. CASE MANAGEMENT CONFERENCE (CMC)
D. MANDATORY SETTLEMENT CONFERENCE (MSC)
E. TRIALS AND LONG CAUSE HEARINGS
A. REQUEST FOR TRIAL
(1) The Request for Trial is a local form. (See
attached form
FM-1012.) This form is not mandatory. Trials may also be requested
at a Case Management Conference.
(Eff. 1/01/10)
(2) A Request for Trial shall not be used to bring a custody
or visitation issue to trial and shall not be used in Domestic Violence
Prevention Act, Civil Harassment Prevention Act, Workplace Violence
Prevention Act, or Elder Abuse restraining order actions. (See
attached local form
FM-1012.)
(Eff. 1/01/07)
(3) If one party files a Request for Trial and the other
party alleges the matter is not ready for trial or disagrees with the time
estimate, that party shall file a Request for Trial (See
attached local form FM-1012).
(Eff. 1/01/10)
B. SETTLEMENT OFFICER CONFERENCE (SOC)
(1) PURPOSE
The purpose of an SOC is to
assist parties and their counsel in settlement of all non-custody or
visitation issues in the case
and/or to streamline the issues that must be referred to trial. The
conferences are held by the Family Court Settlement Officer (FCSO) or
temporary judges. There may be more than one SOC needed to resolve some
cases. The Court may also appoint the FCSO as a
discovery special master or case manager. The FCSO may
set return SOC appointments with the parties and counsel in his or her
discretion and shall keep the APJ informed on the status of matters as
required.
(Eff. 1/01/10)
(2) CALENDAR
a. An SOC may be set by a stipulated communication to the FCSO or calendar secretary
before a Request for Trial is filed.
(Eff. 1/01/10)
b. A party may request an SOC by filing a Request for Trial and noting that request.
If the other side does not agree, a Request for Trial should be
filed indicating such disagreement. (See
attached local form
FM-1012.)
(Eff. 1/01/10)
c. An SOC may be requested at any time after the Request
for Trial (FM-1012) has
been filed, but no later than 40 calendar days before the Mandatory Settlement
Conference (MSC). Attorneys or
self-represented parties may submit such a request by letter to the calendar
secretary. The calendar secretary may give notice of such conference by
telephone.
(Eff. 1/01/10)
d. The Court may, in its discretion, order the parties to a
SOC, even over their objection, at any time.
(Eff. 1/01/10)
(3) PROCEDURES
a. All attorneys and parties shall attend, with the
understanding that all settlement offers and suggestions will receive
consideration and require a response.
b. Attendance of parties at the SOC may be by telephone standby or other
out-of- court procedure agreed on by the parties and ordered by the Court
prior to the date of the SOC.
(Eff. 1/01/02)
c. No Settlement Conference Statement is required at the
SOC, but the parties and their attorneys should have available the necessary
information pertinent to the unresolved issues, including any documents. In
dissolution or legal separation cases, Preliminary Declarations of
Disclosure shall be served by both parties in advance of the SOC.
(Eff. 1/01/02)
d. Unless specifically agreed to by the parties, counsel,
and the FCSO, the parties and counsel shall be prepared
to discuss the settlement of all non-custody or visitation issues at the
SOC.
(Eff. 1/01/07)
C. CASE MANAGEMENT CONFERENCE (CMC)
(1) GENERAL POLICY
It is the policy of the Santa Clara County Superior Court to
manage all Family Law cases in order to expedite the process of the case,
reduce the cost of litigation, and to focus on early resolution of the case
through settlement.
(Eff. 1/01/08)
(2) CALENDAR
a. A CMC shall be set approximately 180 days from the
filing of any Petition for Dissolution, Nullity, Legal Separation,
Termination of a Domestic Partnership, or under the Uniform Parentage
Act.
(Eff. 1/01/10)
i. When the
Petition is filed, the Clerk of the Court shall complete a Family Law
Notice (attached form
FM-1049 or
FM-1050) with the CMC date and APJ
assignment.
ii. The Petitioner shall serve a copy of the Family Law
Notice on Respondent at the same time the Petition is served.
(Eff. 1/01/10)
b. Another CMC shall be set between 30 and 60 days after
the Response is filed or appearance by both parties in any Dissolution,
Nullity, Legal Separation, Termination of Domestic Partnership, or Uniform
Parentage Act case.
(Eff. 1/01/10)
i. The Calendar Secretary shall mail a notice of the CMC,
together with an instruction sheet, upon receipt of the Response or upon
notification by the Court of the first appearance by all parties.
ii. This CMC is in addition to the CMC set under paragraph
(2)a above upon the filing of the petition. If this CMC takes place before
the CMC set under paragraph (2)a above, the Court may take that CMC off
calendar.
(Eff. 1/01/08)
c. At any CMC, the Court may set a further CMC to monitor
the progress of the case and, if appropriate, to set Mandatory Settlement
Conference and Trial dates. In addition, on request of either party or on
the Court’s own motion, the Court may set any matter for a CMC at any
time.
(Eff. 1/01/08)
(3) PURPOSE
At a CMC, the Court will review the status of the
case, discovery plans, progress toward settlement, and unresolved issues. At any CMC, the Court may:
a. Order an SOC;
(Eff. 1/01/08)
b. Refer appropriate cases to arbitration or mediation;
c. Order the parties to participate in an Early Neutral
Evaluation (ENE);
d. Limit, schedule, or expedite discovery;
e. Schedule disclosure of expert witnesses;
f. Appoint court experts upon stipulation and allocate the expenses for the
appointments, or schedule a hearing for appointments of court experts and
the allocation of the expenses for the experts;
g. Appoint an attorney for a minor child upon stipulation or schedule a
hearing on whether an attorney for a minor should be appointed and the
allocation of costs for such attorney.
h. Make any other special referrals in accordance with the law;
i. Order or review a case management plan in accordance with Family Code §§
2450 and 2451;
j. Set or reset trials, settlement conferences, or hearings;
k. Review case management options under Family Code §2451 with counsel and
self represented parties; Bifurcate issues for trial;
l. Require filing of preliminary stipulations, if issues can be narrowed;
m. Schedule further CMCs as needed in the case, and
(Eff. 1/01/08)
n. Take such other actions as permitted by law, which would tend to promote
a just and efficient disposition of the case.
(Eff. 1/01/08)
(4) ATTENDANCE
a. Attorneys and self-represented parties shall attend
each CMC unless excused in advance by the Court, a Judgment
resolving all issues has been entered, the case has been dismissed, or
as otherwise provided by these Local Family Law Rules. Parties
represented by an attorney do not have to attend a CMC unless ordered
by the Court to appear.
(Eff. 1/01/10)
b. In order to change the date of a CMC in advance without
attending, attorneys or self-represented parties must complete and submit
a Request and Order to Change Case Management Conference Date (attached
form FM-1059) no fewer than 10 calendar days before the CMC.
(Eff. 1/01/10)
Appearance at the CMC is required unless the judicial
officer approves the change. If the Court grants the request to change the
CMC, the Court will generally set the CMC in 60 days or after the SOC
date, whichever is later.
(Eff. 1/01/09)
(5) CMC QUESTIONNAIRE
a. Each self-represented party or attorney shall file and serve on the other
self-represented party or attorney a completed
Case Management Conference Questionnaire
(attached form
FM-1010) at least
10 calendar days before any scheduled CMC. Each party shall bring 2 copies
of his or her Case Management Conference Questionnaire to the CMC.
(Eff. 7/01/09)
b. The CMC Questionnaire shall be completed as fully as possible,
in order to assist the Court in assessing what action is appropriate.
(Eff. 1/01/07)
(6) TELEPHONIC APPEARANCE
a. In accordance with CRC Rule 3.670, the Court has contracted with CourtCall, LLC, to provide teleconferencing services for
CMC appearances,
except for cases before a Child Support Commissioner.
(Eff. 1/01/10)
b. Self-represented parties may not appear by telephone
unless expressly ordered by the Court.
(Eff. 1/01/07)
c.
In order to appear by telephone at a CMC, at least 10 calendar days before
the scheduled CMC, an attorney or party must contact CourtCall at (888)
88-COURT to arrange the telephonic appearance and pay the required fee for CourtCall’s
service. Any and all fees for appearing by telephone are the responsibility
of the party requesting a telephonic appearance.
(Eff. 1/01/07)
d. To check in on the day of the CMC, those appearing by telephone must call the toll free
teleconference line designated by CourtCall at least 5 minutes before the
scheduled CMC.
(Eff. 1/01/07)
(7) ALTERNATIVE TO INITIAL CASE MANAGEMENT CONFERENCE
The parties may schedule a Settlement Officer Conference
(SOC) without an order from a CMC. If the SOC is scheduled before the CMC
occurs,
the initial CMC will go off calendar, unless either party notifies the other
party and the Court in writing that they are requesting an initial CMC in
addition to the SOC.
(Eff. 1/01/07)
D. MANDATORY SETTLEMENT CONFERENCE (MSC)
(1) CALENDAR
a. An MSC shall be set in all family law cases set for
trial. An MSC may be set in any case set for a long cause hearing. The MSC
shall be conducted approximately 2 weeks before trial or hearing. Unless otherwise ordered by the Court, family law matters
are set for an MSC at the CMC or the
Custody Settlement Conference.
(Eff. 1/01/10)
b. Once a trial (or long cause hearing) and MSC are set and noticed, no continuances
will be granted except upon noticed motion for good cause.
(Eff. 1/01/10)
c. The parties may stipulate that the matter may go off calendar subject to
Court approval. Counsel or self-represented parties shall provide notice to
the clerk of the APJ and the calendar secretary if a matter goes off
calendar within one (1) week of the scheduled trial date or settlement
conference. Any case which has been taken off the trial calendar by
stipulation can be restored to the trial calendar either by noticed motion
or by counsel requesting a further Case Management Conference to restore the
matter.
(Eff. 1/01/02)
d. The trial date, which is set and noticed simultaneously
with the MSC, will usually be two weeks after the MSC.
(2) MANDATORY ATTENDANCE
(Eff. 1/01/10)
a. All parties shall attend the MSC fully prepared for trial
on all calendared unresolved issues, except that non-party witnesses need
not be present.
(3) PURPOSES
a. The Court’s role is to assist parties in concluding
settlement negotiations. Attorneys shall hold at least one face-to-face or
telephone settlement discussion and have made a full exchange of all
pertinent information, including information required by current statutory
and case law, pursuant to this rule, before the MSC.
(Eff. 1/01/10)
b. It is Court policy to emphasize settlement of family law matters and to
reduce the number of issues which must be resolved by trial. This purpose of
this policy is primarily to reduce the emotional trauma to families
experiencing the dissolution process and, secondarily, to enhance the
efficient utilization of judicial and Court personnel.
(4) SETTLEMENT CONFERENCE STATEMENT
a. REQUIREMENTS
At least 10 calendar days before the MSC, or 15
calendar days if service is by mail, each
party or their attorneys shall prepare, file and serve on the other party or
the opposing attorney, a settlement conference statement comprised as set
forth below. If attachments to the Settlement Conference Statement
collectively exceed 20 pages, the attachments should be lodged with the
Court separately from the Settlement Conference Statement, and will be
returned to the party at the conclusion of the Settlement Conference.
(Eff. 1/01/10)
b.
CONTENTS
i. CAPTION
The caption shall contain the name of the APJ, the
Department number, and the times and dates of the MSC and
trial.
(Eff. 1/01/10)
ii.
INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT
(SIMPLIFIED)
A current, signed and dated Income and Expense Declaration
(Family Law) or Financial Statement (Simplified) shall be prepared on the
form prescribed by current law. Copies of current pay stubs or other income
verification shall be attached.
iii.
COMMUNITY PROPERTY (ASSETS AND LIABILITIES)
a.
ASSETS
Where relevant to the issues at the MSC and trial, a current, signed and dated Schedule of Assets and Debts
(Family Law) and all necessary Continuation Declaration(s) on Judicial
Council forms prescribed by current law shall be prepared according to the
requirements set forth below. Unless the parties have stipulated to
valuation and distribution in writing or in open Court prior to preparation
of the settlement conference statement, or unless mutually agreed appraisals
are attached and annotated to show proposed division, each party shall
prepare a comprehensive inventory of all assets, real and personal, claimed
by such party to be community property.
The parties shall serve the completed Schedule of Assets and Debts, indicating their
claimed values and proposal for division. The completed Schedule of Assets
and Debts shall be made available at the Settlement Conference for review by
the Settlement Temporary Judge and the parties. In all cases, values claimed by
either party shall be supported by appraisals or, when appropriate, their own
estimates, copies of which shall be attached, unless good cause is shown why
no appraisal has been obtained.
(Eff. 1/01/10)
b. LIABILITIES AND REIMBURSEMENT CLAIMS:
The total amounts proposed to be charged to each party shall be summarized
in tabular form. Each reimbursement claim must be clearly set forth with
attached applicable documentation.
The statement shall also include a proposed division of any community debts.
iv.
SEPARATE PROPERTY
In each case in which an item of personal or real
property or purported interest therein is claimed to be separate property,
and the other party has not stipulated thereto in writing or in open court,
the following additional information shall be provided on an exhibit
entitled “Separate Property Information”, organized in tabular form.
Description; Date of acquisition; Cost; Encumbrance at acquisition; Title at
acquisition; Current value (attach appraisal if available); Amount of
present encumbrance; and How title is currently vested.
In each case in which real property or an interest therein was acquired
during marriage or during a domestic partnership, but a separate property interest is claimed therein, the
claimed interest shall be set forth, the amount thereof calculated and the
formula displayed, consistent with current statutory and decisional law, on
an exhibit entitled “Separate Property Real Property Claim(s).”
(Eff. 1/01/05)
v. SUPPORT
Each party shall set forth specific proposals regarding
child, spousal and/or partner support. As to each support item, each party shall set
forth all computations and attach all necessary forms consistent with
current statutory and decisional law. Computer support printouts may be
attached.
(Eff. 1/01/05)
vi.
SUMMARY OF POSITIONS
The Settlement Conference Statement shall contain detailed
statements of the party's position on each and every issue to be submitted
to the Court at the long cause hearing or trial. If some issues were
previously resolved, the settlement conference statement shall describe that
resolution and refer to any filed supporting documents.
(Eff. 1/01/10)
vii.
ATTORNEY’S FEES AND COSTS
Any requests for attorney’s fees and costs shall include a detailed statement of
attorney's fees and costs. A current Income and Expense Declaration or Financial Statement
(Simplified) shall accompany any request for fees and costs. The Court will
not consider a fee request for more than $1,000 absent both the fee
declaration and the income and expense information.
(Eff. 1/01/07)
viii. STATEMENT OF FACTS AND LEGAL ARGUMENTS
Without necessarily constituting a complete and exhaustive
trial brief, a recitation of the facts of the case should be followed by a
brief discussion of the law on which a party relies as to each contested
issue (unless otherwise set forth in another portion of the Settlement
Conference Statement, or other Memorandum of Points and Authorities filed in
the matter).
(5) PROCEDURE
a. Attorneys shall attend with their clients, with the
understanding that all settlement offers and suggestions will receive
consideration and require a response.
b. If the party is out of state, the Court may exempt that party from
appearing if it is requested in advance, and:
i. the party is available on telephone standby;
ii. the attorney has authority to stipulate on the record to a settlement;
and
iii. the opposing side has been previously notified by letter.
c. Attorneys and parties are expected to arrive promptly at
the time scheduled. Tardiness is discourteous and causes inconvenience to
the opposing party and attorney, the Court, and all parties involved in
other cases on the calendar. Tardiness may result in the imposition of
sanctions.
d. Compliance with all provisions of this local rule is mandatory, including
those relating to timely service and filing. If the matter has been
previously set for MSC, the settlement conference statement previously filed
may be resubmitted by letter within the time prescribed for service and
filing of a settlement conference statement under the Local Rules of Court,
notifying the Court, opposing attorney or self-represented party of the
intention to rely on and be bound by the previous statement. Use of a
previously filed settlement conference statement will not excuse lack of
compliance with the current Rules of Court.
e. All suggestions made by the Court are for settlement purposes and are not
binding on the trial court, who will hear the case on the merits.
(Eff. 1/01/98)
E. TRIALS AND LONG CAUSE HEARINGS
(Eff. 1/01/10)
(1) TRIAL PREPARATION/PRE-TRIAL POLICIES
(Eff. 1/01/10)
a.
Meet and Confer Requirements
i. Between the MSC and the scheduled trial or long cause
hearing, attorneys or self-represented parties shall meet and confer, either
in person or by phone, to exchange and discuss the following issues:
(Eff. 1/01/10)
a. the names of witnesses expected to be called at the
hearing, including previously-disclosed expert witnesses, with the exception
of impeachment witnesses;
b. each party's list of exhibits, except impeachment
exhibits. Exhibit lists and copies of all exhibits to be used at trial shall
be exchanged no later than the deadline for serving the Trial Statement
described in subsection b below:
c. objections to witnesses and exhibits;
d. any proposed stipulations, including stipulation to the
admission of exhibits or reports;
e. any scheduling problems with any witnesses, and
f. any objections to proceeding by "offer of proof."
ii. The only exception to this requirement would be in those
cases where both parties are self-represented and there is a restraining
order preventing contact between them.
(Eff. 1/01/10)
b. Trial Statement: In addition to any trial brief which may be
submitted or combined with such trial brief, counsel and self-represented
parties shall file a Trial Statement and proof of service at least 3 court days in
advance of the trial or long cause hearing. The Trial Statement shall be
served (1) by fax, if agreed in writing, or hand delivered to opposing counsel or a self-represented party no
later than 3 court days in advance of the scheduled trial or hearing date;
or (2) by mail, no later than 8
calendar days in advance of the trial or hearing date. On the date of filing, a
courtesy copy of the Trial Statement shall be delivered to the courtroom
of the APJ or to the Clerk’s Office of the Civil Division if the matter is
assigned to the Civil Division. Failure to file and serve a Trial
Statement may result in the imposition of sanctions.
(Eff. 1/01/10)
The Trial Statement shall include at least the following information:
(Eff. 1/01/10)
i. The names of all witnesses, with the exception of
impeachment witnesses;
ii. The names of previously-disclosed expert witnesses who will be
testifying, including area of expertise;
iii. A list of exhibits, with the exception of impeachment exhibits;
(Eff. 1/01/10)
iv. An updated time estimate for the hearing;
v. Any motions in limine or other pre-trial motions with applicable points
and authorities;
vi. Which witnesses will be presented via offer of proof and whether there
are objections to this method of testimony;
vii. An outline of all issues to be presented; and
viii. Any stipulations that have been reached.
c. Notice to the Court: Counsel and any self-represented
parties shall contact the Clerk of the APJ or the Clerk of the Supervising
Judge of the Civil Division (if the matter is assigned to the Civil
Division) 2 court days before the scheduled trial to update the court on any
settlement, partial settlement, or revised time estimate.
(Eff. 1/01/06)
d. Trial Procedures: Family Court trials will be conducted in accordance with
the rules applicable to civil trials.
(Eff. 7/01/04)
e. Failure to Appear: Failure to be present at the time a matter is called for trial will be
deemed a sufficient cause for placing the matter off calendar or proceeding
to hear the matter without an attorney or self-represented party present, or
for the imposition of other sanctions, if appropriate.
(Eff. 1/01/02)
f. Settlement: If a case is fully settled before the date of trial,
the clerk of the APJ shall be promptly informed. At the request of the
parties, the matter may proceed as an uncontested matter on the original
trial date, or may be taken off calendar and re-set by a party on the
default calendar.
(Eff. 1/01/10)
g. Trial Time Estimates: The date-certain-hearing and trial system used by the Family Law Division
is based on reasonable time estimates made before hearing or trial by the
parties or MSC judge, which will be strictly enforced. Failure to complete
in time may result in a mistrial whenever the Court’s calendar will be
adversely affected by allowing time in excess of that estimated.
h Trial Brief: Any brief to be offered at trial must be delivered to the clerk of the APJ and opposing attorney or self-represented party at least three (3) court
days prior to the commencement of trial.
(Eff. 7/01/02)
i. Interpreters: The party calling a witness for whom an interpreter is
required shall provide in advance for the interpreter and shall be
responsible for his or her compensation. A party should avoid using a
relative or friend as an interpreter in a contested proceeding, unless the
opposing party or counsel has consented thereto.
j. At the request of the attorneys or self-represented parties made prior to
the commencement of trial, the Court may hold a brief in-chambers conference
to resolve questions concerning the order of proof, motions in limine, or
other matters relating to trial procedures.
(Eff. 1/01/02)
(2) TRIAL-DOCUMENTARY EVIDENCE
a. Documentary evidence should be offered by stipulation to
avoid the need for foundational witnesses.
b. Attorneys and self-represented parties shall provide to the clerk, on the
day of trial before the case is called, 3 copies of a list of exhibits and 3
copies of each exhibit, with the exception of impeachment exhibits: one for
the trial judge, one for the opposing party, and one to be marked at the
trial or hearing.
(Eff. 1/01/10)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - 9 - Appendix: A - B - C
List of attached Family local forms
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