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Local Family Rules of Court
FAMILY RULE 6 LONG CAUSE HEARINGS, SETTLEMENT
CONFERENCES, SETTLEMENT OFFICER CONFERENCES, CASE MANAGEMENT CONFERENCES AND TRIALS
A. REQUEST FOR TRIAL
B. SETTLEMENT OFFICER CONFERENCE (SOC)
C. LONG CAUSE LAW AND MOTION HEARINGS
D. CASE MANAGEMENT CONFERENCE (CMC)
E. MANDATORY SETTLEMENT CONFERENCE (MSC)
F. TRIAL
G. NOTICE
H. SANCTIONS
A. REQUEST FOR TRIAL
(1) The Request for Trial is a local form. (See
attached form
FM-1012.)
(Eff. 7/01/06)
(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) Settlement Conferences and Trials may be set at a
Settlement Officer Conference (SOC) or Case Management Conference (CMC) or
by Court order. A Request for Trial shall not be required, but may be
filed. (See
attached local form FM-1012.)
(Eff. 1/01/07)
B. SETTLEMENT OFFICER CONFERENCE (SOC)
(1) PURPOSE
The purpose of an SOC is to
assist parties and their counsel in settlement of all 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 pro tem
settlement officers. 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. The FCSO may make recommendations to the APJ
regarding allocation of fees, costs, and sanctions, as well as the last
offers made. These recommendations shall be kept in a sealed envelope in the
court file to be opened by the APJ after trial or hearing when considering
attorney’s fee requests.
(Eff. 1/01/07)
(2) CALENDAR
a. BEFORE A REQUEST FOR TRIAL IS FILED:
(Eff. 1/01/05)
i. An SOC may be set by a stipulated communication to the
FCSO or calendar secretary.
(Eff. 1/01/07)
ii. The SOC will set as soon as permitted by the FCSO's calendar and the mutual convenience of all parties.
(Eff. 1/01/07)
iii. The SOC may also be set by the APJ at any law and
motion hearing or Case Management Conference, at the Court’s discretion.
(Eff. 1/01/02)
b. AFTER A REQUEST FOR TRIAL IS FILED:
i. A party may request an SOC by filing a Request for Trial and noting that request.
If the opposing side does not agree, a Request for Trial should be
filed indicating such disagreement. (See
attached local form
FM-1012.)
(Eff. 7/01/06)
ii. 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 prior to 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. 1/01/07)
c. The Court may, in its discretion, order the parties to a
SOC, even over their objection.
(Eff. 1/01/02)
(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. LONG CAUSE LAW AND MOTION HEARINGS
(1) CALENDAR
a. A matter may be specially set for a long cause hearing
from the Law and Motion calendar or the Case Management calendar by order of
the Court.
(Eff. 1/01/02)
b. A matter may be specially set for a long cause hearing
date after filing a stipulation and order which declares a Law and Motion
matter to be a long cause matter. When such an order is signed, the calendar
secretary will contact parties and/or attorneys to select a mutually
convenient CMC date.
(Eff. 1/01/02)
c. To calendar initially long cause law and motion matters,
the moving attorney or self-represented party shall submit to the document
examiner a declaration which states the reasons for the time estimate. If
both parties and attorneys agree on the time estimate, the stipulation and
order shall accompany the declaration, including mutually available dates.
The APJ shall then order the matter set for hearing or CMC.
(Eff. 7/01/02)
(2) PROCEDURE
a. Unless excused by the Court, following the filing of a
Request for Trial (attached
local form FM-1012) or a stipulation transferring the case to the long cause
calendar, the case will be set for a CMC.
(Eff. 7/01/06)
b. The Court may modify any of the pre-trial requirements in
its discretion and consistent with the issues of the case.
(Eff. 1/01/07)
D. 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. When the Petition is filed in each Dissolution,
Nullity, or Legal Separation of spouses in a marriage or partners in a
domestic partnership or Uniform Parentage Act case, a CMC shall be set
approximately 180 days from the filing of the Petition. 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. The Petitioner shall serve a copy of the Family Law Notice
on Respondent at the same time the Petition is served. The Court shall
vacate this CMC if, before the CMC, a Judgment resolving all issues has
been entered or the case has been dismissed.
(Eff. 7/01/08)
b. Each Dissolution, Nullity, or Legal Separation of
spouses in a marriage or partners in a domestic partnership or Uniform
Parentage Act case in which a Response has been filed or in which an
appearance has been made by both sides shall be set for a CMC between 30
and 60 calendar days after the filing of the Response or between 30 and 60
calendar days from the first appearance by all parties, unless a Judgment
resolving all issues has been entered before that time. 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. 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 or unless a Judgment
resolving all issues has been entered or the case has been dismissed.
Parties represented by an attorney do not have to attend a CMC unless
ordered by the Court to appear. Attorneys may appear by telephone
provided they comply with the provisions of section (6) below.
Self-represented parties may only appear by telephone if expressly
ordered by the Court before the CMC.
(Eff. 1/01/08)
b. In order to continue a CMC in advance without
attending, attorneys or self-represented parties must submit a written
Stipulation and Request for Order to the Court no fewer than 20 calendar
days before the CMC. The stipulation must contain the following
information:
i. A short statement describing the status of the case;
ii. The reasons why a CMC is not necessary or helpful at
this time. If the continuance request is based on the parties' agreement
to attend a Settlement Officer Conference, the parties must exchange
Preliminary Declarations of Disclosure and file the Proofs of Service
before submitting the request to continue the CMC; and
iii. A contact telephone number for each attorney or
self-represented party.
The Court will notify all attorneys or self-represented
parties if the request is granted and no appearance is required. Absent
notification from the Court, appearance at the CMC is required. If the
Court grants the request to continue the CMC, the Court will generally set
the CMC in 60 days or after the SOC date, whichever is later.
(Eff. 7/01/08)
c. An attorney or self-represented party who fails to
attend or participate effectively in any CMC may be subject to sanctions.
(Eff. 1/01/08)
(5) CMC QUESTIONNAIRE
a. Each self-represented party or attorney shall 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.
(Eff. 1/01/08)
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 court appearances,
except for cases before a Child Support Commissioner.
(Eff. 1/01/08)
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)
E. MANDATORY SETTLEMENT CONFERENCE (MSC)
(1) CALENDAR
a. Unless otherwise ordered by the Court, family law matters
are set for an MSC and a long cause hearing or trial at the CMC or the
Custody Settlement Conference.
(Eff. 1/01/06)
b. An MSC shall be set in all family law cases set for trial, half-day or
long cause hearings approximately two (2) weeks before trial or hearing, or
at such other time as the Court may direct.
(Eff. 1/01/01)
c. A Request for Trial (attached
local form FM-1012) shall be filed by any
opposing party who disagrees with the Request for Trial (attached
local form FM-1012) for any of the
following reasons:
(Eff. 7/01/06)
i. The matter is not ready for trial
ii. There is a conflict in the time estimate.
d. Once a trial and MSC are set and noticed, no continuances
will be granted except upon noticed motion for good cause.
e. 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)
f. The trial date, which is set and noticed simultaneously
with the MSC, will usually be two weeks after the MSC.
(2) MANDATORY
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, prior to the MSC.
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
Except where the only issues are custody or visitation, 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.
(Eff. 1/01/07)
NOTE: Compliance with this local rule is deemed sufficient disclosure
exclusive of disclosure requirements of current statutory law. The Court
finds that compliance with the local rules serves the interest of justice.
b. CONTENTS
i. CAPTION
The caption shall contain the times and dates of the MSC and
trial.
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
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 attach the completed Schedule of Assets and Debts to their
respective settlement conference statements, indicating thereon their
claimed values and proposal for division. 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.
(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
(a) 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. 1/1/05)
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. 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)
vii. 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)
F. TRIAL
(1) CALENDAR
a. See MSC Calendaring.
b. Once set and noticed, no continuances will be granted except at the CMC
or upon noticed motion for good cause.
(2) TRIAL PREPARATION
a. PRE-TRIAL POLICIES
i. Meet and Confer Requirement: Between the MSC and the
scheduled trial or long cause hearing, counsel or self-represented parties
shall meet and confer, either in person or by phone, with the other attorney
or self-represented party. 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. The meet and confer shall
include, at a minimum: the names of witnesses expected to be called at the
hearing, including previously-disclosed expert witnesses, with the exception
of impeachment witnesses; and the exchange of an exhibit list, except
impeachment exhibits. Counsel and the parties are to confer on objections to
witnesses and exhibits, any proposed stipulations, any scheduling problems
with any witnesses, and whether there are any objections to proceeding by
“offer of proof.”
ii. Pre-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 and serve a Pre-Trial Statement at least 3 court days in
advance of the trial or long cause hearing. The Pre-Trial Statement shall be
faxed, 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.
If it is served by mail on the opposing side, it must be served at least 8
calendar days in advance of the trial or hearing date. On the date of filing, a
courtesy copy of the Pre-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 Pre-Trial
Statement may result in the imposition of sanctions.
(Eff. 1/01/07)
The Pre-Trial Statement shall include at least the following information:
(a) The names of all witnesses, with the exception of
impeachment witnesses;
(b) The names of previously-disclosed expert witnesses who will be
testifying, including area of expertise;
(c) A list of exhibits, with the exception of impeachment exhibits. Counsel
and self-represented parties are responsible for providing 3 copies of the
exhibits for trial or hearing: one for the trial judge, one for the opposing
party, and one to be marked at the trial or hearing;
(d) An updated time estimate for the hearing;
(e) Any motions in limine or other pre-trial motions with applicable points
and authorities;
(f) Which witnesses will be presented via offer of proof and whether there
are objections to this method of testimony;
(g) An outline of all issues to be presented; and
(h) Any stipulations that have been reached.
iii. 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)
b. Family Court trials will be conducted in accordance with
the rules applicable to civil trials.
(Eff. 7/01/04)
c. 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)
d. If a case is fully settled prior to 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.
e. Attorneys shall offer to permit pre-trial examination of all exhibits
which are to be offered in evidence at trial (see the meet and confer
requirements in rule 6.F.(2).a.i. above).
(Eff. 1/01/07)
f. 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.
g 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)
h. 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.
i. 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)
(3) TRIAL-DOCUMENTARY EVIDENCE
a. Documentary evidence should be offered by stipulation to
avoid the need for foundational witnesses.
b. Copies should be exchanged by attorneys and self-represented parties and
identified by the clerk prior to the commencement of trial.
c. Counsel or self-represented parties shall provide the court and the
opposing attorney or party with an exhibit list, excluding impeachment
exhibits, prior to the commencement of the trial.
(Eff. 1/01/02)
G. NOTICE
The clerk of the court shall notify the parties and/or their
attorneys in the notice of settlement conference and trial of the necessity
to comply with this rule.
(Eff. 1/01/98)
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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