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Chapter 13 (Rules 13.00 to 13.23): the matters heard on the family law calendar, no case heard unless current Income and Expense Declarations (forms FL-150 or FL-155 and FL-160) have been completed by each side, with the three (3) most recent pay stubs and a W-2 form attached, the parties to exchange their most recently filed federal and state personal income tax returns at least five (5) court days prior to the hearing, and blank copies of the forms Responsive Declaration re: Request for Order, and Income and Expense Declaration served with the moving party’s Request for Order (13.00); the date, time and place of hearing scheduled through the clerk’s office, matters to state the issues to be heard immediately below the title, an order shortening time only on a separate affidavit or declaration demonstrating good cause with reasonable notice of not less than twenty-four (24) hours, papers opposing a matter filed and served at least nine (9) Court days prior to hearing, and counsel to confer before the hearing (13.01); counsel and the parties to personally appear for a settlement conference, set when the contested hearing date is determined, and to participate in good faith, and counsel to meet and confer (13.02); a statement of each issue in dispute served and filed at least twenty (20) days prior to a long cause hearing (local form FCS-92), the matter dropped from the trial calendar if both parties fail to file (13.03); a matter dropped from the calendar if service is not completed by the date specified (13.04); continuances on short cause calendars governed by local rule 4.06, notice by phone or written notice two (2) days prior to the hearing (13.05); a matter ordered off calendar when there is no appearance at the calendar call unless the courtroom clerk has been notified of a late appearance (13.06); hearings on the short cause calendar limited to five (5) to ten (10) minutes (13.07); referral to mediation in any contested proceeding involving custody or visitation, mediation for a maximum of three (3) hours, confidential, after a Parent Orientation Program, an evaluator (Evidence Code section 730) allowed 10 hours, notice to the evaluator at least 20 days prior to an evidentiary hearing or trial and a deposition noticed at least 10 days prior, no peremptory challenge of the mediator but a challenge for cause within five (5) days, the confidential documents, written complaints to the Court Executive Officer with a written response within ten (10) business days, and the parties to pay the cost of evaluation within thirty (30) days (13.08); counsel appointed for a minor child under Family Code section 3150 - the duties, the rights under rule 5.242 and the costs shared by the parties in equal amounts - and the Court may accept testimony of a child under Family Law Code section 3042 (13.09); an expert appointed under Evidence Code section 730 to provide a copy of the report concurrently to the court and to each attorney and unrepresented party (13.10); temporary orders to remain in effect until further order, stipulations for temporary child support to comply with Family Code section 4065, with the signature of the attorney for Central Sierra Child Support Agency in public assistance cases, the factors for temporary custody, the Santa Clara guideline support formula for temporary spousal support, and a Stipulation to Establish or Modify Child Support and Order (FL-350) with a calculator printout for support below the guidelines (13.11); a home study by the Court Investigator in stepparent adoptions (Fam. Code § 9001) (13.12); the parties and their attorneys to sign a stipulation modifying existing orders, with a printout of the child support calculation when it changes the amount of support (13.13); proposed judgments in dissolution and legal separation matters with the required forms - a Child Custody and Visitation Order Attachment, a Child Support Information and Order Attachment (Form FL-342) with a computer printout of the child support calculation - the documents for uncontested matters where the Respondent has not appeared (forms FL-165, FL-180 and FL-190, FL-141, FL-150 and FL-160) and with a written agreement (the Respondent’s signature notarized), the Income and Expense and Property Declarations completed as required, and counsel or a self-represented party to present evidence in support of the proposed judgment at the hearing on a default or uncontested matter (13.14); long cause contested hearings and trials - counsel to confer in good faith no later than one week prior to a settlement conference or trial, an At Issue Memorandum filed before any contested case may be set for trial, not required for matters set for trial at a Family Law Case Management Conference, counsel and the parties to personally appear for a settlement conference, and both parties to file and serve a "Statement of Issues, Contentions and Proposed Disposition of the Case" at least twenty (20) days prior to the trial date and at least five (5) court days before a settlement conference (13.15); the party directed to prepare the “Finding and Order After Hearing” (Judicial Council Form FL-340) to do so in compliance with rule 3.1312, a judgment after contested trial submitted to the opposing counsel for approval, the preparing party to send it to the court when not approved within twenty (20) days, an objection with specificity within fifteen (15) days, and the contents of judgments - child support, spousal support, real property and personal property and debts (13.16); a continuance fee in all family law matters (Government Code section 70617, subdivision (c)(1)) (13.18); remote appearances for child support matters governed by the Remote Appearances Policy on the court’s website (13.20); the additional duties of the Family Law Facilitator under Family Code section 10005 (13.21); written complaints about counsel appointed to represent a child lodged with the Court Executive Officer, who cannot consider complaints going to the merits of the case or remove court appointed attorneys (13.22); and Family Law Case Management - the Petition and Summons served within sixty (60) days of filing and the response within thirty (30) days, the first Case Management Conference typically set 120 days from the filing of a Petition, a Family Law Case Management Conference Statement filed and served at least fifteen (15) days prior, the court to post tentative rulings at 2:00 p.m. on the first court day before the conference, and a party who disagrees to notify all other parties by 4 p.m. on the court day immediately preceding the hearing (13.23).
CHAPTER 13 - FAMILY LAW 13.00 Matters Heard; Financial Declarations A. Matters heard on the family law calendar shall include the following: 1. All orders to show cause, motions, requests for order, and other family law matters preliminary to trial; all defaults under the Family Code; and all required settlement conferences and trials; 2. All orders to show cause, requests for order, and motions r
Reviewer note: Composed 2026-10-12 (California T4 Amador build 2026-10-12) from BenchPath custody ca/t4/ca-amador/docs/local-rules/2025-01-01_local-rules-court-accessible.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF AMADOR Local Rules of Court Effective Date: January 1, 2025”, as fetched 2026-10-12; 2731170 bytes, sha256 a1d85880106808eb0665ed0313fc1d63b254623347ace78066f5cee3167f614e; 86 pages; this part PDF pages 43 to 60, printed pages 42 to 59) with the shared verbatim composer (v2 reflow): the preface and the rules (PDF pages 6 to 70, printed 5 to 69) composed as one text and cut at the preface's heading and the eighteen chapter headings, each matched once as a whole line (no chapter opens a page of its own); each page's running header (“State of California Superior Court” / “County of Amador”) and running footer (“Revised 01/01/2025”, the page number, “Z/local rules/2025-01.01”, “www.amadorcourt.org”) removed as chrome (390 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title, each lettered or numbered subdivision starting a line and each rule's history (“(Effective ...)”) on a line of its own; no table in the rules; the strike report (review/strike-report-2026-10-12.txt) lists 20 struck runs on 23 pages - every mark, rendered and read (review/render/strike-marks-2026-10-12.png), is a short filled tick, red or black, crossing one printed letter or a space inside a word, or a forms table's rule (PDF pages 72 and 85) - no text is struck, and the book is composed without strike-out; 5 whitespace-only fixes (build/book-fixes.json: the headings of Rules 1.02, 13.10 and 17.05, each printed on a line of its own, set apart from the first sentence the reflow ran onto them; Rule 8.14(F)'s heading, printed “F. Time” / “Limits:”, set as one line; two bullets of Rule 11.06(A)'s list of calendars, which the reflow joined, set apart); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - one gap junction, two page breaks, two fragments, four two-line rule titles and Rule 6.04(C)(1)'s unfinished last sentence kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 5), the appendix of local forms (71 to 72), the filing instructions and summary of changes (73), the alphabetical index (74 to 78), the list of effective dates (79 to 84) and the appendix of local forms ordered by name (85 to 86) belong to no card. Review note: Carried as printed: Rule 13.15 letters its paragraphs A, B, C, E and F (no D); Rule 13.21(A) cites “Family Code section §1005”; Rule 13.23(E) reads “If there is an objective to the tentative ruling”; and Rule 13.09.1, “Participation of Child”, is printed within Rule 13.09.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Amador County > Superior Court of California, County of Amador
CHAPTER 13 - FAMILY LAW 13.00 Matters Heard; Financial Declarations A. Matters heard on the family law calendar shall include the following: 1. All orders to show cause, motions, requests for order, and other family law matters preliminary to trial; all defaults under the Family Code; and all required settlement conferences and trials; 2. All orders to show cause, requests for order, and motions relating to enforcement or modification of family law orders or judgments; 3. All orders to show cause, requests for order, and motions relating to child custody, support, visitation, or attorney's fees and costs under the Uniform Parentage Act (Fam. Code §7600 et seq.) and the Uniform Child Custody Jurisdiction Act (Fam. Code §3400 et seq.); 4. All proceedings under the Uniform Interstate Family Support Act (Fam.Code §4900, et seq.); 5. All applications for restraining orders enjoining domestic violence under the Family Law Act, the Uniform Parentage Act, and the Domestic Violence Prevention Act (Fam. Code §6200 et seq.); 6. Family law discovery matters; 7. All applications for issuance of writs of execution and habeas corpus, or warrants in lieu thereof, in family law cases; 8. All proceedings under the Family Conciliation Court Law (Fam. Code §1810 et seq.); and 9. Adoptions and all matters relating thereto, including proceedings pursuant to Family Code sections7800 et seq. or 7660 et seq. B. Income and Expense Declarations. Except as excused by law, no case shall be heard unless current Income and Expense Declarations as required by rules 5.260(a) and 5.427(d)(2) of the California Rules of Court (forms FL-150 or FL-155 and FL-160) have been completed by each side. Any pending hearing date shall be set forth clearly in the top right-hand corner of page one of the Income and Expense Declaration form. Note: “Current” means the Income and Expense Declaration has been completed within the past three months providing no facts have changed. (Rule 5.260(a)(3).) The parties shall complete the portions of the declarations relevant to the issues to be determined at the hearing. If a party is receiving public assistance benefits, that fact shall be disclosed in No. 1 of the Income and Expense Declaration or Financial Statement. The court may impose sanctions as permitted by law if delay results from the failure of either party to comply with these requirements. The Income and Expense Declarations or Financial Statement shall be deemed to be received in evidence at the hearing, subject to amendment and cross-examination. Examinations on matters covered by the Income and Expense Declarations or Financial Statements will be heard only under exceptional circumstances within the court's discretion and normally will be limited to testimony regarding unusual items not adequately explained in the Income and Expense Declarations or Financial Statements. Documents supporting each party's wages, income, and other matters set forth in the Income and Expense Declaration, such as a copy of the three (3) most recent pay stubs representing at least one full month's wages and deductions and a W-2 form shall be attached to the Income and Expense Declaration filed by the party. In addition, the parties shall exchange copies of their most recently filed federal and state personal income tax returns at least five (5) court days prior to the date set for hearing unless otherwise ordered by the court. C. Orders to Show Cause. In addition to the requirements of the California Rules of Court, a blank copy of the forms Responsive Declaration re: Request for Order, and Income and Expense Declaration prescribed by the California Rules of Court shall be served upon the opposing party when he or she is served with the moving party's Request for Order. (Effective 1/1/95; Amended Effective 1/1/06; Amended 7/1/12; Amended 7/1/2015) 13.01 Calendar for Family Law and Motion, Orders to Show Cause, and Requests for Other Orders A. Date, Time, and Place of Hearing and Orders Shortening Time. 1. The date, time, and place of hearing shall be scheduled through the clerk’s office. 2. All matters set for hearing on the family law calendar shall state on the face sheet immediately below the title of the document the issues to be heard. 3. An order shortening time for service and/or hearing will not be granted unless supported by a separate written affidavit or declaration demonstrating good cause. If an order shortening time is requested, the supporting affidavit or declaration shall state, pursuant to California Rules of Court, rules 3.1200-3.1207, whether the opposing party is represented by counsel and whether that party has been contacted and has agreed to the requested order shortening time. Reasonable notice, which is presumed to be not less than twenty-four (24) hours, shall be given to the opposing party prior to application. If the opposing party has not been contacted or agreed to the order shortening time, the supporting affidavit or declaration shall demonstrate why the hearing should be set on the proposed date without the consent of the opposing party. As a general rule, an affidavit or declaration in support of an order shortening time must show emergency circumstances, unless it is solely to enable a responding party to obtain affirmative relief on a hearing date previously set by the opposing party. The moving party shall deliver his or her moving papers to the other party at the earliest reasonable opportunity in advance of the ex parte appearance, using the most expeditious means available, including, but not limited to, personal delivery or facsimile transmission. B. Time Limitation on Filing Moving Papers, Declarations, or Points and Authorities; Place of Filing; Meet-and-Confer Rule. 1. Unless otherwise ordered or good cause is shown, all moving papers, points and authorities, and declarations, including financial declarations, relating to a family law matter, shall be filed with the court and served on the opposing party or counsel pursuant to Rules of Court, Rule 3.1300 and Code of Civil Procedure section 1005. All papers opposing a matter or order to show cause shall be filed with the court and served on each party at least nine (9) Court days prior to hearing. Unless good cause is shown, failure to comply may result in refusal by the court to consider any papers not timely filed or in the imposition of sanctions as permitted by law. 2. Counsel shall confer before the date of hearing to make a reasonable attempt to resolve disputed issues and to exchange all relevant documents. Failure to comply with this rule in good faith may result in dropping the matter from the calendar and/or the imposition of sanctions. (Effective 1/1/95; Amended 7/1/01; Amended 7/1/06; Amended 1/1/07; Amended 7/1/09; Amended 1/1/11; Amended 7/1/11; Amended 7/1/2015) 13.02 Settlement Conferences and Meet-and-Confer Rule Counsel and the parties shall personally appear for a settlement conference. The date of the settlement conference will be set at the time the contested hearing date is determined. Counsel and the parties shall participate in good faith in the settlement conference until released by the settlement judge or until the contested hearing date is confirmed by the judge. Failure to participate in good faith in the settlement conference may be a basis for the imposition of sanctions or changes in the calendar status of the action. All motions for continuances or requests to drop the matter shall be heard by the assigned judge. Counsel shall meet and confer before the date of the contested hearing in a reasonable attempt to resolve the disputed issues and to exchange all relevant documents. Upon application of any party, or on the court’s own motion, the judge may specially set a settlement conference in any family law matter. (Effective 1/1/95; Amended 7/1/08; Amended 7/1/2015) 13.03 Statement of Issues in Long Cause Cases At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.) The original of each party's statement shall be filed with the court and copies served on the opposing parties or counsel. If both parties fail to file timely a statement of issues, the mandatory settlement conference shall take place, but the matter shall be dropped from the trial calendar. Failure by one party will allow the complying party to continue or drop the hearing and may result in the imposition of sanctions against the non- complying party. (Effective 1/1/95; Amended 1/1/96; Amended 7/1/2015; Amended 7/1/2017) 13.04 Failure to Serve Absent a written order resetting the matter to a new date, if service is not completed by the date specified by law, in the request for order or order to show cause, the matter will be dropped from the calendar and counsel must file new papers to reset the matter. (Effective 1/1/95; Amended 7/1/2015) 13.05 Continuances on Short Cause Calendars Continuances for the short cause matters are governed by local rule 4.06. If a motion for continuance is to be made in court, the court shall be notified by phone or written notice filed with the court two (2) days prior to the hearing. (Effective 1/1/95; Amended 7/1/11; Amended 7/1/2015) 13.06 Lack of Appearance Any matter in which there is no appearance at the time of calendar call shall be ordered off calendar, unless the courtroom clerk has been notified that there will be a late appearance. (Effective 1/1/95) 13.07 Matters Exceeding 5-10 Minutes; Special Setting. A. Unless leave of court is obtained by stipulation and order prior to the date of the hearing, the clerk shall set all matters be heard initially on the law and motion calendar. B. Hearings on the short cause calendar are limited to five (5) to ten (10) minutes. In the event both parties in good faith believe that the matter cannot be completed in fifteen (15) minutes, they shall, at the time the matter is called, so inform the court. The court may then set the matter as may be appropriate. (Effective 1/1/95; 1/1/96; Amended 7/1/04; Amended 7/1/2015) 13.08 Child Custody/Visitation; Referral for Report A. Process of Referral to Mediation. 1. In any contested proceeding involving issues of custody and/or visitation, the court will refer the parties to mediation upon filing a request for order where child custody and visitation are at issue. 2. Upon stipulation of the parties the court may order a return to mediation. 3. On the court's own motion in the course of regular law and motion, domestic violence restraining order, ex parte, or other court proceedings. 4. Immediate referral may be made in an emergency with imminent danger to a child involving sudden and serious physical or emotional abuse, domestic violence, sexual abuse, neglect, or substance abuse, or if there is a risk of parental flight or other emergency circumstances deemed appropriate by the court. B. Mediation Process. Mediation shall be for a maximum time of three (3) hours. Mediation shall be confidential. The parties must attend a Parent Orientation Program prior to the mediation. Orientation provides important information about helping children through their parents’ separation and how to develop a parenting plan. The mediator shall prepare and have the parties sign any agreement reached through mediation. This agreement is provided to the court and copies provided to counsel, pursuant to section 3186, subdivision (b) of the Family Code. If mediation is successful and an agreement on all issues is reached, the mediation process is completed. If the parties are unsuccessful in reaching an agreement, the mediator will so notify the court. The mediator will provide the court with a list of unresolved issues and may recommend that an attorney be appointed for the children pursuant to Family Code section 3150 and rule 5.240 of the California Rules of Court or that the parties be referred for a child custody evaluation. The parties shall return to court and the court may make orders as may be appropriate. The parties may stipulate to have a professional child custody evaluator make a recommendation to the court. The cost of such evaluation is the responsibility of the parties. C. Evaluation Report and Recommendation. The Court, in its discretion, may appoint an evaluator (different from the individual who performed the mediation.) The evaluation report and recommendation is not confidential and shall be considered by the court under Evidence Code section 730. The evaluator is allowed 10 hours to complete the evaluation. The evaluation shall be in accordance with Family Code section 3111. The evaluator will interview the parents and the children and will provide the court with a written report and recommendation on the issue of custody, visitation and/or a proposed parenting plan. The evaluation report and recommendation will be reviewed and considered by the court. 1. When the court refers the matter for an evaluation, it is considered a court appointment pursuant to Evidence Code section 730 and will be read and considered by the court at motion hearing or trial. 2. When the report is submitted to the court, the court may adopt, partially adopt, or reject the report. If either party contests the court’s ruling that party may request an evidentiary hearing. If custody/visitation is the only issue or if the parties wish to bifurcate that issue, the court shall order the matter set for trial on a preferential trial date basis. 3. The party who wishes to have the evaluator present at the evidentiary hearing/trial must notify the evaluator at least 20 days prior to the evidentiary hearing/trial date and subpoena that person. The party who subpoenas the evaluator is responsible for paying the evaluator for the appearance and testimony at the evidentiary hearing/trial. 4. Any deposition of an evaluator shall be noticed at least 10 days prior to the deposition date or by agreement between the evaluator and the party. Further, the party seeking the deposition is responsible for any and all evaluator fees in connection with the deposition testimony. 5. The evaluator may inspect other related and relevant Court files in conjunction with the preparation of his or her report. D. Peremptory Challenge of Mediator. A peremptory challenge to the mediator is not permitted. However, a challenge for cause may be presented to the court within five (5) days of the appointment. The challenge for cause may be made on an ex parte basis, giving the opposing side at least twenty-four (24) hours notice. E. Confidential Documents. The following documents are deemed to be confidential and are not available for inspection by the parties or their attorneys through the evaluator: CII records, medical reports; mental health professionals’ reports; drug test analysis; restricted law enforcement reports; mediation discussions; NCADD (National Council of Alcohol and Drug Dependence) reports, and any Alcohol and Drug Program report. Parties seeking to inspect such reports must petition the court for an order permitting such inspection. To the extent that the contents of such records have been disclosed in another manner, or have otherwise been made discoverable, such documents will no longer be deemed confidential. Ex Parte communication between the mediator and either party is hereby prohibited, unless a stipulation regarding such contact is reached and approved by the Court. F. Mediation Complaint Procedure. The court is committed to the delivery of quality mediation services. Complaints must be in writing and directed to the Court Executive Officer, Amador Superior Court, 500 Argonaut Lane, Jackson, CA 95642. You will receive a written response within ten (10) business days of receipt of the written complaint. G. “Report” Defined. For purposes of these rules, the word "report" includes evaluations and/or recommendations, submitted by the evaluator appointed by the court, or mental health expert appointed pursuant to Evidence Code section 730. H. Payment of Evaluation Costs by Parties. The parties shall pay the cost of evaluation within thirty (30) days of the Court’s referral. (Effective 1/1/95; 1/1/96; Amended 7/1/04; Amended 1/1/06; Amended 1/1/08; Amended 7/1/08; Amended 1/1/09; Amended 7/1/12; Amended 7/1/2015; Amended and Renumbered 7/1/2017; Revised 1/1/2023) 13.09 Appointment of Counsel for Minor Child Pursuant to Family Code Section 3150 and rule 5.240 of the California Rules of Court A. Counsel appointed by the court shall have the following duties as a necessary part of that attorney’s representation of the child: 1. To interview the child; and 2. To review the court file and all accessible records available to the parties and make any further investigations as he or she deems necessary to ascertain facts relevant to the custody or visitation hearings. B. Counsel appointed by the Court shall have the following rights under rule 5.242 of the California Rules of Court: 1. To have reasonable access to the child with adequate notice; 2. To receive notice after appointment of any and all proceedings, including any request for examinations affecting the child; 3. To have full access to all court pleadings and records, as well as any medical and school records for the child; 4. To veto any physical or psychological examination or evaluation, for purposes of trial, that has not been ordered by the Court; 5. To assert on behalf of the child any privilege for discovery purposes; 6. To seek independent psychological and/or physical examination or evaluation of the child upon application to the court; C. Unless otherwise ordered, full payment of the reasonable costs of counsel appointed pursuant to Family Code section 3150 as determined by the court shall be shared by the parties in equal amounts. (Effective 1/1/95; Amended 7/1/06; Amended 1/1/09; Amended 1/1/13; Amended 7/1/2015) 13.09.1 Participation of Child The Court may accept testimony of a child under Family Law Code section 3042, giving weight to rule 5.520 of the California Rules of Court. (Effective 7/1/2015.) 13.10 Report of Expert Appointed Pursuant to Evidence Code section 730 Whenever any expert appointed by the court pursuant to Evidence Code section 730 renders a report, the expert shall concurrently provide a copy of his or her report to the court, and to each attorney and unrepresented party. (Effective 1/1/95; Amended 7/1/2015) 13.11 Temporary Orders for Child Custody and Support A. Duration of Support Orders. Unless otherwise ordered, all temporary orders shall remain in effect until further order of the court. B. Stipulations for Temporary Orders. Stipulations concerning temporary child support orders shall comply with Family Code section 4065 and shall contain a declaration by the parties that the right to support has not been assigned to the county pursuant to Welfare and Institutions Code section11477 and that no public assistance application is pending. In cases involving recipients of public assistance, the signature of the attorney for Central Sierra Child Support Agency must appear on the stipulation. A printout of the child support calculation shall be attached to the stipulation. C. Temporary Child Custody. Factors which may be considered by the judge when making a temporary order for custody include, but are not limited to, the following: 1. The child normally will be left in the home where he or she has been living on a regular basis unless there are compelling circumstances dictating otherwise, such as evidence of harm or violence to the child. 2. The closer the child is to the age of majority, the more likely the child's preference will be followed, but the choice must be in the child's best interest and is not to be motivated either by reward to the child or by the playing of one parent against the other. 3. If either parent has left the home and has taken the child without the consent of the other or without an order of the court, that parent shall state the reasons therefore. 4. If violence has taken place or seems likely, the court encourages a victim or other parent to leave the home until after a court hearing is held; the court will not penalize a parent for leaving the home. D. Temporary Support Schedule. 1. In setting temporary spousal support, the Court applies the Santa Clara guideline support formula. However, the Court considers the facts and circumstances of each case and may deviate from the guideline support amount when appropriate. 2. If the parties stipulate to child support and the stipulated amount is below the statewide guidelines, the parties must complete a Stipulation to Establish or Modify Child Support and Order (FL-350). The parties shall attach to the stipulation a computer printout from an approved child support calculator. (Effective 1/1/95; Amended 7/1/11; 7/1/2015) 13.12 Stepparent Adoptions In stepparent adoptions the Court shall order the Court Investigator to conduct a home study in conjunction with the preparation of the Court Investigator’s Report. (Fam. Code § 9001.) (Effective 7/1/11; Amended 7/1/2015) 13.13 Stipulations Modifying Existing Orders A. General. In any family law matter where a modification is sought by stipulation, the parties and their attorneys must sign the stipulation. If the stipulation changes the amount of support, the parties shall attach a printout of the child support calculation to the stipulation. B. Recipients of Public Assistance Benefits. If the custodial parent has assigned support rights to the County under Welfare and Institutions Code section11477, the Central Sierra Child Support Agency, and a supporting non-custodial parent may stipulate, without the signature of the custodial parent, to an order modifying the method of payment of, or to facts supporting a change in the amount of child support; provided however, that reasonable notice be given to the custodial parent. Any such stipulation must conform to the requirements of Family Code section 4065. C. Custody and Support Stipulations. Stipulations for modification of custody or support orders shall disclose whether a party is a recipient of public assistance. Stipulations for modification of child support orders shall conform to the requirements of Family Code section 4065. (Effective 1/1/95; Amended 7/1/10; Amended 7/1/2015) 13.14 Uncontested Trials in Dissolution and Legal Separation Matters A. In all proposed Judgments, whether uncontested or in which the parties have entered into a written agreement, the following information shall be included in the proposed Judgment. 1. Where there are minor children, a Child Custody and Visitation Order Attachment (Form FL 341, 341(A), (B), (C), or (D), as appropriate or a written agreement containing the same information shall be attached to the Judgment. In all cases in which the Judgment includes a child support order, a Child Support Information and Order Attachment, Form FL-342 shall be used, along with a computer printout of the child support calculation. A Notice of Rights and Responsibilities and Information Sheet on Changing A Child Support Order, Form FL192 shall be attached to the Judgment. After entry of Judgment, a Child Support Case Registry Form (form FL 191) shall be lodged with the court. 2. Where spousal support is included in the Judgment, a Spousal, Partner, or Family Support Order Attachment (form FL 343) or similar language shall be included in the Judgment. 3. Where attorney’s fees and costs are an issue, an Attorney Fees and Costs Order Attachment (form FL 346) or similar language shall be included in the Judgment. 4. In every case, the party making the request for entry of judgment may consult form FL 182 - Judgment Checklist - Dissolution/Legal Separation in determining the appropriate forms to file. B. Uncontested matters where the Respondent has not appeared. 1. Proof of Service of Summons. 2. A Request for Default and Declaration for Default or Uncontested Dissolution or Legal Separation (forms FL-165, FL-180 and FL-190) pursuant California Rules of Court, rules 5.401, 5.402 and 5.405. 3. Petitioner’s Declaration Regarding Service of Declaration of Disclosure (FL-141). 4. A completed Income and Expense Declaration (FL-150) and Property Declaration (FL-160) and proposed Judgment (FL-180) shall be filed when the Request for Default is filed. 5. Judgment shall be entered on the basis of the Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170), unless the court or the Petitioner requests a hearing. 6. All relevant documents described in 13.14.A. C. Uncontested matter with written agreement. 1. In addition to the forms required in 13.14.A., the parties shall file Respondent’s Declaration Regarding Service of Declaration of Disclosure, (FL-141), a Stipulation and Waiver of Final Declaration of Disclosure (FL- 144) and an Appearance, Stipulations and Waivers (FL- 130). 2. The Respondent’s signature on the written agreement shall be notarized and the written agreement shall be attached to the Judgment (FL-190). 3. Respondent shall pay the first appearance filing fee, unless respondent files a fee waiver or is currently on active duty in the military. 4. All relevant documents described in 13.14.A. D. Uncontested matter where Respondent has appeared. All documents as described in 13.14.A and 13.14.B (provided that Respondent has paid the first appearance filing fee or it has been waived or Respondent is currently on active duty in the military). E. Income and Expense and Property Declarations. Income and Expense and Property Forms and Declarations shall be on Forms FL-150 or FL-155 and FL-160, shall be dated where specified, and shall be completed as follows: 1. Every Income and Expense Declaration shall include the best estimate of the opposing party's income, if known, and shall be fully completed if the case involves child support or spousal support, whether or not an agreement in writing has been reached by the parties, or if there is any request for attorney's fees, costs, or payment of other obligations which has not been resolved by written agreement of the parties. 2. If there are community assets or joint obligations not disposed of by written agreement of the parties, the value of the assets or obligations must be set forth in the Property Declaration and must be proved at the hearing. 3. Item No. 5 of the Income and Expense Declaration form shall be fully completed whenever a party is represented by counsel and attorney's fees or costs are requested by either party. 4. A Child Support Case Registry form (FL 191) shall be completed whenever child support has been ordered. F. Proceedings Involving Recipients of Public Assistance Benefits. Notwithstanding any other rule, if a party is receiving public assistance benefits: 1. That fact shall be disclosed in Item No. 1 of the Income and Expense Declaration; and 2. All orders submitted to the court shall comply with Family Code section 4200. G. Hearing on Default or Uncontested Matters At the hearing on the default or uncontested matter, counsel or self-represented party shall present evidence in support of the proposed judgment. (Effective 1/1/95; Amended 7/1/01; Amended Effective 1/1/06; Amended 7/1/10; Amended 7/1/11; Amended 7/1/12; Amended 7/1/2015; Amended 7/1/2017) 13.15 Long Cause Contested Hearings/Trials A. Purpose of Rules; Duties of Counsel. The purpose of this rule is to ensure the thorough and expeditious trial of contested family law matters and to avoid using the trial itself as a vehicle for what should be pretrial deposition, discovery, and settlement procedures. Unrepresented parties or counsel, vested with full authority from their clients to dispose of these matters, shall confer in good faith to review the pretrial statements required by these rules no later than one week prior to the time set for any settlement conference and/or trial in order that, to the fullest extent possible, issues can be resolved by stipulation, and those issues remaining for determination by the court can be clearly delineated. B. Relief from Rules. Relief from the operation of these rules relating to trials may be obtained in appropriate cases, but only on motion for good cause. The parties shall not waive the requirements of these rules by stipulation. Either side may move to strike the At Issue Memorandum, Pretrial Statement/Request for Admissions, or Reply Pretrial Statement of the other side upon the ground that the document was not prepared and filed in good faith, but not as a means to avoid the operation of these rules. Sanctions against the offending side may be requested, as permitted by law. C. At Issue Memorandum. The at-issue memorandum shall be filed before any contested case may be set for trial. However, this shall not apply to post-judgment motions, which may be set for long cause hearing by stipulation or court order. It shall be the responsibility of the party filing the At-Issue Memorandum to insure that a response has been filed before filing the At-Issue Memorandum. Alternatively, matters may be set for trial at a Family Law Case Management Conference. In those cases, an at-issue memorandum is not required. E. Settlement Conferences and Meet-And-Confer Rule. Counsel and the parties shall personally appear for a settlement conference to be scheduled at the time the trial date is determined. Counsel and the parties shall participate in good faith in the settlement conference until released by the settlement judge or until the trial date is confirmed by the settlement judge. Failure to participate in good faith in the settlement conference may be a basis for the imposition of sanctions or change in the calendar status of the action. All motions for continuances or to drop the matter shall be heard by the assigned judge. Unrepresented parties or counsel shall meet and confer before the date of the settlement conference, or any other contested hearing, in a reasonable attempt to resolve the disputed issues and to exchange all relevant documents. Upon application of any party, the judge may, in his/her discretion, specially set a settlement conference in any family law matter. In addition, the parties may request the matter be specially set for a settlement conference at the Family Law Case Management Conference. F. Statement of Issues, Contentions and Proposed Disposition of the Case. Where a matter is set for contested trial, either short or long cause, both parties shall file with the Court and serve a "Statement of Issues, Contentions and Proposed Disposition of the Case" at least twenty (20) days prior to the trial date, and if there is a settlement conference, at least five (5) court days before the settlement conference. (See form FCS-92 at www.amadorcourt.org) If both parties fail to timely file a Statement of Issues the matter shall not be permitted to proceed to trial; however, a court assisted settlement conference shall remain available. Failure by one party to file a Statement pursuant to this rule will allow the complying party to continue or drop the trial date and may result in the imposition of sanctions. The imposition of sanctions pursuant to this rule shall be heard upon noticed motion. (Effective 1/1/95; Amended 1/1/97; Amended 1/1/06; Amended 1/1/08; Amended 1/1/10; Amended 7/1/2015; Amended 7/1/2017) 13.16 Judgments and Orders A. Duty to Prepare. 1. After Contested Hearing. The party directed to prepare the “Finding and Order After Hearing” (Judicial Council Form FL-340) shall do so in compliance with rule 3.1312 of the Rules of Court. 2. After Contested Trial. (a) The party directed by the court shall prepare the judgment in accordance with the court's decision and shall submit it to the opposing counsel with a place for the latter's signature under the legend "Approved As Conforming To Court Order." (b) If the opposing party does not so approve within twenty (20) days, the preparing party shall send the order to the court with a cover letter explaining why it was submitted without such approval and a proof of service of the letter and proposed order on the opposing party. If the opposing party does not explain his/her objection with specificity in writing to the court within fifteen (15) days of the date of service by the preparing party, the court will sign the submitted order. If there is written objection with specificity, the court will then decide whether to adopt the proposed judgment or what changes shall be required, with or without a hearing, at the court's discretion. 3. Statement of Decision. If either or both parties request a statement of decision, the rules pertaining to Statements of Decision under California Rules of Court, rule 3.1590 and Code of Civil Procedure section 632 shall apply. B. Contents. Except as otherwise agreed between the parties and subject to the approval of the court: 1. Child Support - Amount and Duration. All judgments providing child support shall state the name, date of birth, and amount of support for each child and shall state, "child support payments shall continue until further order of court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time non-self-supporting high school student, whichever occurs first. 2. Spousal Support. All judgments shall state the amount of spousal support, if any, and shall state, “payable until the remarriage of the recipient spouse, the death of either party or further order of the court,” unless otherwise ordered or stipulated. 3. Real Property. All judgments shall contain the common legal address or the Assessor’s Parcel Number (APN) of all interests in real property affected by the court's decision. 4. Personal Property and Debts. All judgments shall contain a description and a division of personal property and debts. C. Recipients of Public Assistance Benefits. If a party is receiving public assistance benefits for a minor child, the judgment shall require the child support to be paid to the Central Sierra Child Support Agency in compliance with Civil Code section 4702. (Effective 1/1/95; Amended 1/1/06; Amended 1/1/07; Amended 7/1/10; Amended 7/1/2015) 13.17 [NUMBER RESERVED FOR FUTURE USE] 13.18 Continuance Fees A continuance fee will be charged for continuances in all family law matters, pursuant to Government Code section 70617, subdivision (c)(1), except where a statute, rule or case law precludes charging said fee. (Effective 7/1/08; Amended 7/1/12; Amended 7/1/2015) 13.19 [NUMBER RESERVED FOR FUTURE USE] 13.20 Remote Appearances for Child Support Matters Remote appearances are governed by the Remote Appearances Policy on the court’s website: www.amadorcourt.org/newsRelease/Remote-Appearances-revised. (Effective 7/1/2019; Amended 1/1/2023) 13.21 Duties of the Family Law Facilitator In addition to the services required to be provided under Family Code section 10004, the Family Law Facilitator may, upon the direction of the Presiding Judge, perform the following additional duties for pro per litigants set forth in Family Code section 10005: A. Meet with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Family Code section §1005, giving priority to actions where one or both parties are unrepresented by counsel. B. Draft stipulations to include all issues agreed to by the parties, which, in addition to those duties specified in Family Code section 10004, may include other non-specified issues. C. Where the parties are unable to resolve issues with the assistance of the family law facilitator, prior to or at the hearing, and at the request of the court, the family law facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the judge whether or not the matter is ready to proceed. D. Assist the clerk in maintaining records. E. Prepare formal orders consistent with the court’s announced order in cases where both parties are unrepresented by counsel. (Effective 1/1/98; Amended 7/1/2015) 13.22 Counsel Appointed to Represent Child in Custody or Visitation Proceedings: Complaint Procedure A. Any party to a family law custody or visitation proceeding may lodge a written complaint with the Court Executive Officer concerning the performance of the attorney appointed to represent the child in said proceeding. The types of complaints, which may be lodged with the Court Executive Officer, include, but are not limited to: the failure of the attorney to meet with the child, the failure of the attorney to facilitate visitation, and the failure to attend appointments with mediators and therapists. The Court Executive Officer cannot consider complaints going to the merits of the case. Complaints going to the merits of the case include, but are not limited to, complaints regarding whether the attorney is acting in the best interest of the child and complaints regarding discretionary litigation tactics. B. The Court Executive Officer shall review all complaints received. If the Court Executive Officer determines that the complaint presents reasonable cause to believe that the claim is meritorious, the Court Executive Officer shall notify the attorney in question of the complaint and shall give the attorney an opportunity to respond in writing to the complaint. C. The Court Executive Officer shall review the complaint and the response, if any, to determine whether the complaint is valid. The Court Executive Officer may obtain additional information prior to making a determination on the complaint. D. If the Court Executive Officer finds that the complaint is meritorious, the Court Executive Officer may take any actions deemed appropriate to resolve the complaint, including informing the Presiding Judge. The Court Executive Officer does not have the authority to remove court appointed attorneys. The power to remove a court appointed attorney lies exclusively with the judge assigned to hear the case. E. The Court Executive Officer shall notify the attorney and the complaining party in writing of its determination concerning the allegations of the complaint. (Effective 7/1/06; Amended 7/1/2015) 13.23 Family Law Case Management A. The goal of Family Law Case Management is to expedite timely and just resolutions in family law actions. In each dissolution action, the Petition and Summons shall be served within sixty (60) days of filing. The response shall be served within thirty (30) days of service of the Petition and Summons on the respondent. Notwithstanding these case management rules, any party may file a motion on the Civil Law and Motion calendar. When appropriate, any party may file an At-Issue Memorandum requesting the setting of a trial date. The Family Law Case Management calendar is not the Law and Motion calendar. B. Each dissolution, nullity, or legal separation action filed after the effective date of this rule shall be included in the Family Law Case Management calendar and shall, thereafter, be subject to court supervision until the entry of judgment or dismissal. Upon filing a dissolution, nullity, or legal separation action, the court shall provide the petitioner with a Family Law Case Management Notice. The Notice shall set forth the date and time of the first Case Management Conference, typically set120 days from the filing of a Petition. The petitioner is required to serve the Notice on the respondent with the Summons and Petition. Proof of Service of the Summons and Petition should reflect service of the Notice as well. C. At least fifteen (15) days prior to each Family Law Case Management Conference, the parties shall file with the court and serve on all other parties, a Family Law Case Management Conference Statement. Parties may elect to file a joint statement. The form for the Family Law Case Management Statement is available on the court’s website, www.amadorcourt.org, and at the clerk’s office. D. At 2:00 p.m. on the first court day before the schedule conference, the court will post tentative rulings on the Court’s website, www.amadorcourt.org. If no party appears at the hearing, the Court will adopt the tentative ruling. If any party disagrees with the tentative ruling, the party shall notify all other parties by 4 p.m. on the court day immediately preceding the hearing. E. If there is an objective to the tentative ruling, counsel for each party and each unrepresented party appearing in the action shall attend the Family Law Case Management Conference and be familiar with and prepared to discuss all issues in the case. Counsel and unrepresented parties may arrange to appear telephonically. F. At the Family Law Case Management Conference, the court shall take appropriate action to facilitate prompt case resolution. Such actions include, but are not limited to: 1. Setting the case for a settlement conference and/or trial; 2. Continuing the case for further case management conference; 3. Setting for special settlement conferences; 4. Referring the parties to family law resources; and/or 5. Ordering counsel or parties to engage in and report back on meet and confer discussions. (Effective 1/1/10; Amended 7/1/10; Amended 7/1/11; Amended 7/1/13; Amended 7/1/2015)
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.