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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

Verbatim from the official edition

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.