Cal. Rules of Court, rule 5.409 · Chapter 14. Default Proceedings and Judgments
Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336
Text — As posted by the Judicial Council of California (read October 22, 2026)
The decision to hold a hearing in a case in which a judgment has been submitted on the basis of a declaration under Family Code section 2336 should be made on a case-by-case basis at the discretion of the court or request of a party. Courts must allow judgments in default and uncontested cases to be submitted by declaration pursuant to section 2336 and must not require that a hearing be conducted in all such cases.
Notes and commentary — not rule text
History
Rule 5.409 renumbered effective January 1, 2013; adopted as rule 5.148 effective July 1, 2012.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/five/rule5_409
- Text hash
- sha256 2fa0dd9ba955a6139ff7d8760a2d191533707fafcf1dfcb466b6cbe4f1876324
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.