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Rule 16 (16.0 to 16.27): family law - the Request for Order (FL-300) and its exceptions (16.0); hearings on the Family Law Calendars (16.1); a minor's request to marry, with form FL.020 provided to Family Court Services (16.2); service under Code of Civil Procedure §1005 (16.4); ex parte restraining orders - notice, the declaration on form FL.010, ex parte hearings each Court day at 3:00 pm at the North Butte County Courthouse with the papers filed at or before 10:00am, and custody changes only on a clear showing of immediate harm (16.5); the Family Law Facilitator and its complaint process (16.6, 16.7); lengthy matters (16.8); the meet and confer requirement (16.9); evidence under Family Code §217 (16.10); discovery (16.11); child and spousal support - a current Income and Expense Declaration filed at least ten (10) days before the hearing, the documents exchanged, the "Santa Clara" schedule for temporary spousal support (16.12); written stipulations, form FL.070 (16.13); change of venue (16.14); trials and short and long cause evidentiary hearings - twenty (20) minutes or less on the Request for Order Calendar, the At-Issue Memorandum (form FL.090), preliminary and final trial papers, continuances (16.15); a notice of motion for a valuation date for community property other than the date of trial, heard not later than thirty (30) calendar days before the trial date (16.16); property settlement agreements (16.17); default and uncontested judgments (16.18); minor's counsel - costs, the review of an ability to pay determination on form FL.130 and complaints (16.19); the Court's policies for family law (16.21); contempt hearings (16.24); petitions to terminate parental rights (16.25); adoptions (16.26); and the parenting coordinator guidelines, form FL.100 and the certificate on form FL.110 (16.27).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 16 FAMILY LAW (Effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 1/1/10, as amended and renumbered 1/1/11, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/15, as amended 1/1/17, as amended 7/1/17, as amended 1/1/18, as amended 7/1/18, as amended 1/1/19, as amended 1/1/20, as amended 4/20/20, as amended 6/12/20, as amended 7/1/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24, as amended 1/1/25, as amended 7/1/25, as amended 7/1/26) 16.0 GENERAL INSTRUCTIONS (Effective date 7/1/90, as amended 1/1/02, as amended 7/1/12, as amended 7/1/14, as amended 7/1/25) A. The Request for Order (FL-300) form replaces the old Notice of Motion and Order to Show Cause forms. Use the Request for Order form to ask for Court Orders in your family law case. Note: Do not use Request for Order (FL-300) if you are filing a motion or order to show cause for the following: 1. For a contempt action in a family law case (Use Order to Show Cause and Affidavit for Contempt (see form FL-410) 2. To set aside a child support order (see FL-360 or FL-640) or a Voluntary Declaration of Parentage or Paternity (see form FL-280). 3. For a domestic violence protective order under the Domestic Violence Protection Act (see form DV-100). You can use the Request to Change or End Restraining Order (form DV-300) to request a modification or termination of a restraining order, as well as Request to Change Child Custody and Visitation Orders (form DV-305) to modify child custody, visitation, or support orders that you need modified in a domestic violence protective order case. 4. Other types of cases for which there are other specific Judicial Council forms. 5. For specific custody, visitation, and mediation Rules, see Butte County Superior Court Local Rules, Rule 9. These Rules do not apply to Butte County Department of Child Support Services cases brought under the Family Code. (Effective date 7/1/90, as amended 1/1/02, as amended 7/1/12, as amended 7/1/14, as amended 7/1/25) 16.1 OBTAINING A HEARING DATE (Effective date 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17) A. All Request for Order and Motions filed under the Family Code, including discovery matters, shall be heard on the Family Law Calendars. Rule 16 governs all Request for Orders and other family law and motion matters. (Effective date 7/1/90, as amended 7/1/03, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17) 16.2 REQUEST OF MINOR TO MARRY OR ESTABLISH A DOMESTIC PARTNERSHIP (Effective date 7/1/25) A. Pursuant to California Rule of Court, Rule 5.448, a minor under the age of 17 years-of-age without a high school diploma must be interviewed by Family Court Services. Local Form, Questionnaire for Minor to Marry or Establish a Domestic Partnership (FL.020), must be provided to Family Court Services no later than the time of the interview. (Effective date 7/1/25) 16.3 RESERVED (Effective date 7/1/04) 16.4 DEADLINE FOR FILING PAPERS (Effective date 7/1/90, as amended 1/1/04) A. Moving and responsive pleadings must be served on the opposing party or attorney, including the Butte County Department of Child Support Services if a party has applied for and/or is receiving public assistance, in accordance with Code of Civil Procedure §1005. B. If a responding party fails to appear at a hearing, the moving party must submit proof of timely service to the Court; otherwise, the matter will be taken off calendar. (Effective date 7/1/90, as amended 1/1/04) 16.5 RESTRAINING ORDERS, EX PARTE REQUEST FOR RESTRAINING ORDERS, ORDER SHORTENING TIME FOR SERVICE/HEARING (Effective date 7/1/90, as amended 01-01-04, as amended 7/1/04, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/15, as amended 6/12/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24) A. Requests for ex parte temporary restraining orders in domestic violence, civil harassment, workplace violence, elder abuse, and dependent adult abuse actions: B. NOTICE: Requests for ex parte restraining orders in the actions referenced in (A) above may be made without notice to the opposing party. Upon the requisite showing being made by way of affidavit or declaration a temporary restraining order may be issued without notice. 1. The required showing in a domestic violence, elder abuse and dependent adult abuse action is reasonable proof of a past act or acts of abuse by the defendant against the plaintiff. Family Code §6300, Welfare & Institution Code §15657.03(c). 2. The required showing in a civil harassment action is reasonable proof of harassment of the plaintiff by the defendant and that great or irreparable harm would result to the plaintiff. Code of Civil Procedure §527.6(c). 3. The required showing in a workplace violence action is reasonable proof that the employee suffered unlawful violence or a credible threat of violence by the defendant and that great or irreparable harm would result to an employee. Code of Civil Procedure §527.8(e). a. The Court has discretion to require notice to an opposing party/defendant of any request for an ex parte temporary restraining order in any of the actions listed in 16.5(A) above. C. Requests for ex parte temporary restraining orders in: 1. Marital litigation (i.e., dissolution, nullity and legal separation actions) 2. Domestic partnership litigation (i.e., where custody/visitation is an issue in domestic partnership dissolution, nullity or legal separation actions) 3. An action under the uniform parentage act to determine custody or visitation 4. A proceeding to determine custody or visitation in an action brought by the Department of Child Support Services pursuant to Family Code §17404 5. A grandparent visitation action by joinder, or 6. An independent action for visitation by a former legal guardian: D. NOTICE: Unless it appears from the facts presented in the applicant’s declaration that reasons exist for the applicant to be excused from the notice requirements of California Rules of Court, Rule 3.1203(a) [see California Rules of Court, Rule 3.1204(b)(3)], notice of an intent to seek an ex parte restraining order in any actions referenced in (b) above must be given pursuant to California Rules of Court, Rules 3.1203, 3.1204 and 3.1206. E. Ex parte hearings are held each Court day at 3:00 pm at the North Butte County Courthouse, 1775 Concord Avenue in Chico. The party requesting the ex parte temporary order(s) must file the moving papers (Request for Order) at or before 10:00am on the day of the hearing. F. All requests for temporary orders in the actions referenced in (B) above must include a declaration containing the information as set forth in Declaration Re: Notice of Ex Parte Application for Orders (form FL.010) and the reasons why an order shortening time for service and hearing will not suffice in lieu of an ex parte order pending hearing. G. Ex parte requests for modification of existing custody and visitation orders or for custody and visitation orders will not issue absent a clear showing of risk of immediate harm to the child(ren), or immediate risk the child(ren) will be removed from the State of California. The showing must be made by affidavit or declaration and shall include a full, detailed description of the most recent incident(s) of physical harm, threats of harm or threats to remove the child(ren) from the state and must specify the date of each incident. There is an absolute duty to advise the Court what the existing custody and visitation arrangement is and how it will be changed by the requested ex parte order. Further, if there is an existing Court order relative to child custody and visitation, the date and provisions of that order must be set forth as part of the supporting declaration. (Effective date 7/1/90, as amended 01-01-04, as amended 7/1/04, as amended 7/1/09, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12 as amended 7/1/15, as amended 6/12/20, as amended 1/1/21, as amended 7/1/21, as amended 1/1/23, as amended 7/1/24) 16.6 FAMILY LAW FACILITATOR (Effective date 7/1/98) A. If the staff and other resources are available and the mandatory duties set forth in Family Code §10004 have been accomplished, the Family Law Facilitator may perform the following additional duties: 1. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to §10012 of the Family Code. Actions in which one or both of the parties are unrepresented by counsel shall have priority. 2. Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in §10003 of the Family Code. 3. If 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 the matter is ready to proceed. 4. Assisting the clerk in maintaining records. 5. Preparing formal orders consistent with the Court’s announced order in cases where both parties are unrepresented. 6. Serving as a special master in proceedings and making findings to the Court unless he or she has served as a mediator in the case. 7. Participate in the operation of the Family Court Clinics, including the training and supervision of volunteers for that clinic. 8. Assisting the Court with research and any other responsibilities which will enable the Court to be more responsive to the litigants’ needs. 9. Developing programs for bar and community outreach through day and evening programs, videotapes, and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to family Court. These programs shall specifically include information concerning underutilized legislation, and preexisting, Court-sponsored programs, such as supervised visitation and appointment of attorneys for children. (Effective date 7/1/98) 16.7 FAMILY LAW FACILITATOR COMPLAINT PROCESS (Effective date 7/1/03, renumbered 1/1/04, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 7/1/25) A. Complaints concerning the Family Law Facilitator shall be dealt with as follows: 1. Parents, parties and/or attorneys who wish to file a complaint regarding the services provided by the Office of the Family Law Facilitator may submit a written complaint to the Court Executive Officer at: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928 2. Written acknowledgement that the Court has received the complaint will be sent to the complainant when possible. 3. If further action is needed, the investigation process shall be completed within ninety (90) days. During this time, the Family Law Facilitator will be given notice of the complaint and an opportunity to respond. 4. At the conclusion of the investigation a written notice of the final action shall be sent to the complainant. (Effective date 7/1/03, renumbered 1/1/04, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 7/1/25) 16.8 LENGTHY MATTERS (Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14) A. At a hearing on any Request for Order, the Court, upon request, may set the matter for a long cause hearing. The requesting party must have given the other side(s) at least twenty-four (24) hours notice of the intent to make the request; provide the Court with a sufficient offer of proof and complied with Family Code §217 and the California Rules of Court adopted as directed by Family Code §217(b). (Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended 7-1-0, as amended 1/1/12, as amended 7/1/14) 16.9 MEET AND CONFER REQUIREMENT (Effective date 7/1/90, renumbered 1/1/04, as amended 7/1/04) A. No case on the Family Law calendar will be heard unless and until counsel and the parties have conferred in an effort to resolve all issues. All documentary evidence that is to be relied on for proof of any material fact shall be exchanged by counsel while conferring. Failure to meet and confer or exchange documents may result in the matter being dropped from the calendar, continued, or the Court may order other appropriate sanctions. B. The meet and confer requirement is to be initiated by the moving party and/or the moving party’s attorney. The meet and confer may be by telephone and shall occur prior to the day of the hearing, unless served or the attorney is retained the day prior to the hearing. (Effective date 7/1/90, renumbered 1/1/04, as amended 7/1/04) 16.10 EVIDENCE AT A HEARING ON AN ORDER TO SHOW CAUSE OR NOTICE OF MOTION (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/12, as amended 7/1/14) A. Evidence received at a Request for Order hearing shall be pursuant to Family Code §217 and the California Rules of Court adopted as directed by Family Code §217(b). (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/07, as amended 1/1/12, as amended 7/1/14) 16.11 DISCOVERY (Effective date 7/1/90, renumbered 1/1/04, as amended 1/1/15) A. GENERAL POLICY. Counsel are encouraged to participate in informal discovery in order to conserve the financial resources of the parties. In appropriate cases, upon request from either party or upon its own motion, the Court may adopt a discovery plan that is tailored to the issues of the case and to the financial resources of the parties. B. DEPOSITION RULE. To encourage full preparation by counsel for hearings concerning temporary relief as well as at the trial of the case on the merits and to conserve the financial resources whenever possible, it is the policy of the Court to interpret the one deposition Rule found in Code of Civil Procedure §2025.610(a) as permitting the taking of a bifurcated deposition in family law cases. Where deposing counsel so desires, a party may be required to appear for a deposition concerning those issues raised by an application for temporary relief (e.g. temporary support, injunctive orders, etc.) and that party may be required thereafter to submit to the resumption of his/her deposition on issues concerning the ultimate merits of the case. Similarly, where issues in the case are bifurcated, (e.g., a separate trial on custody), the deposition of a party may be similarly bifurcated and limited to those issues then pending before the Court if deposing counsel so elects. Whenever deposing counsel elects to conduct a deposition of a party in a bifurcated fashion, [s]he shall make such intention known in the Notice of Deposition and at the beginning of the deposition by stating same on the record. C. DISCOVERY DISPUTES. Discovery disputes shall be resolved pursuant to LR 2.14. (Effective date 7/1/90, renumbered 1/1/04, as amended 1/1/15) 16.12 CHILD AND SPOUSAL SUPPORT PROCEEDINGS (Effective date 7/1/90, as amended 1/1/04, & renumbered 1/1/04, as amended 7/1/08, as amended 7/1/25) A. CONTENTS OF PLEADINGS. The application for order and supporting declarations and all other declarations in support shall set forth facts upon which the moving or responding party relies. B. Unless there has been no change in the Income and Expense Declaration [Judicial Council Form FL150] or Financial Statement (Simplified), if eligible, [Judicial Council Form FL155] of a party within the six (6) months preceding the hearing, a fully completed, current (within thirty (30) days, of actual hearing), Income and Expense Declaration or Financial Statement (Simplified), if eligible, shall be filed at least ten (10) days before hearing by each party in all hearings involving requests for support, attorney's fees or other financial relief. In any event, copies of the last three wage stubs or most recent Profit and Loss Statement will be provided to the opposing party or counsel no later than five (5) days preceding the hearing. If there has been no material change, a declaration under penalty of perjury that there has been no material change since the last Income and Expense Declaration or Financial Statement (Simplified) shall be submitted. 1. An Income and Expense Declaration is not fully completed unless it contains the following: a. Documents which reflect all income of a party wherever required (including all business income, commission income, rental income, interest income, etc.). These documents shall completely set forth the source of income, total gross income, an itemization of all deductions, and the net income after deductions. Business expense documents shall identify depreciation and any other non-cash expenses. b. A fully completed “attorney’s fees” section on the Expense Declaration and a completed “other property owned” section on the Income Declaration. c. Where bonuses have been received, attach a document setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount (if known or the estimated amount if not known) of the next bonus. C. Each party shall exchange at the time of the parties’/attorneys’ meet and confer (see Butte County Superior Court Local Rules, Rule 16.9), or no later than five (5) days preceding the hearing, whichever comes first, and be prepared to submit at hearing: D. Copies of the two most recent filed tax returns and/or all W-2 forms, 1099 forms and other documentary evidence reflecting receipt of income for any completed year in which a tax return has not yet been filed; and 1. All pay stubs for a period of at least three (3) months immediately prior to the hearing. 2. For a self-employed individual, a current Profit and Loss Statement. 3. If the hearing is scheduled between February 1 and the date the parties’ tax return(s) are filed, parties must exchange above information and other forms reflecting receipt of income during the previous year. E. SUPPORT CALCULATIONS 1. The Court will normally set child support based upon statewide uniform guidelines per Family Code §4050 et seq. 2. Temporary spousal support shall be determined by application of the “Santa Clara” support schedule, unless the Court, in its discretion determines not to follow the support schedule. 3. If it is contended by either party that the Guideline support is inappropriate, the declaration supporting such contention shall set forth the party's amount alleged to be proper. Such declaration shall include any reasons or justifications urged by the party for varying from the Guideline support. The reasons and justifications cited by the party must be within the limitations of Family Code §4057. If any party is disabled, unemployed, retired or incarcerated, all pertinent facts shall be set forth in the declaration. The declaration may be signed by the attorney for the party on whose behalf it is made. F. COMPUTERIZED SUPPORT CALCULATIONS. Any party relying on any Judicial Council certified computerized support calculations shall [1] provide to the other party, prior to the hearing, a complete printout of the computerized support calculations including the sheet that identifies the "setting" utilized to determine the support, and [2] file a copy of the same at the time of the hearing. G. RECIPIENTS OF PUBLIC ASSISTANCE BENEFITS. If either or both parties have applied for and/or are receiving public assistance, then each party shall serve upon the Butte County Department of Child Support Services their moving or responsive papers in accordance with Code of Civil Procedure §1005. H. SANCTIONS. Absent a showing of good cause, the Court will award sanctions or attorney's fees for non-compliance with Butte County Superior Court Local Rules, Rule 16.12. If awarded, such sanctions or fees may be ordered paid to the Court and/or the opposing attorney/party at the Court's discretion. I. RETURN OF TAX RETURNS. All income tax returns submitted by the parties shall be returned to the party submitting the same at the conclusion of the hearing unless ordered to be retained by the Court. (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/08, as amended 7/1/25) 16.13 STIPULATIONS (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04, as amended 1/1/26, as amended 7/1/26) A. All stipulations, whether reached before or during the hearing, shall be in writing and submitted to the Court. If a stipulation is reached during a hearing, it must be submitted in writing prior to the conclusion of the hearing. The parties may use local form Written Stipulation and Agreement (FL.070) for this purpose. B. The Court may, in its discretion, accept brief oral stipulations placed on the record during the hearing. Such stipulations are generally limited to routine matters such as continuances, temporary scheduling agreements, or other procedural issues. Any stipulations affecting significant rights such as custody, visitation, support, or property division, or any other stipulation that is complex in nature, must be reduced to writing and submitted in accordance with section A. (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04, as amended 1/1/26, as amended 7/1/26) 16.14 CHANGE OF VENUE (Effective date 7/1/90, as amended 7-1-93, renumbered 1/1/04) A. Contained in every motion for change of venue, shall be the proposed county of venue hearing dates and times for family law matters. (Effective date 1/1/99, renumbered 1/1/04) 16.15 TRIAL, SHORT AND LONG CAUSE EVIDENTIARY HEARINGS (Effective date 7/1/90, as amended 7-1-01, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17, as amended 1/1/18, as amended 1/1/20, as amended 7/1/25, as amended 1/1/26) A. INTRODUCTION 1. “Family Law Matters” for purposes of Butte County Superior Court Local Rules, Rule 16.15 includes family law, uniform parentage, domestic violence and guardianship of the person. 2. Evidentiary hearings on family law matters with time requirements of 20 minutes or less will be heard on the Request for Order Calendar. Evidentiary hearings with time requirements in excess of twenty (20) minutes will be set directly from the RFO calendar for a long cause hearing or trial. 3. Family Law Trials will be set for trial from the RFO calendar. A matter is placed on calendar for trial setting by filing an At-Issue Memorandum (form FL.090). A matter will normally be placed on a RFO calendar within ninety (90) days of the filing of the At-Issue Memorandum and will be set for trial within the eight (8) weeks following the RFO calendar. 4. Short Cause Hearing, Long Cause Hearing and Trial defined: a. Short cause hearings – twenty (20) minutes or less on the Request for Order Calendar allowed at the discretion of the judge on the Tuesday and Wednesday calendars. If no responsive declaration is filed and proof of service is on file showing timely service the Court will consider not allowing a response at the hearing and/or awarding immediate attorney’s fees to the moving party. b. Long cause hearings – hearings longer than twenty (20) minutes allowed at the discretion of the judge from the short cause hearing calendar. These are NOT trials and result in temporary orders, pending final resolution of the matter. 1) These evidentiary long cause matters are heard on the declarations filed in the moving and responding papers and testimony pursuant to Family Code §217. The parties are permitted to testify without advance written notice. Reasonable cross-examination of a party declarant may be permitted without advance notice. c. The parties are required to file, within one (1) day of the RFO calendar, a Statement of Issues and Contentions or the party will be restricted to the four walls of the pleadings filed by both parties and the Statement of Issues and Contentions filed by opposing party. d. Trials (of any length) – cases where At-Issue Memorandums have been filed with the Statement of Issues and Contentions with attached documents with the Court and opposing party or counsel, if represented. e. Hearing briefs shall be filed five (5) Court days prior to the hearing date. Exhibit Lists and Witness Lists shall be exchanged no later than five (5) days before the long cause hearing. 5. The purpose of the following Rules is to ensure that family law matters are not set for trial or long cause hearing until adequate case and trial preparations have been completed. B. PRELIMINARY TRIAL PAPERS (Not Applicable to Long Cause Hearings) 1. All of the following papers, which shall be known collectively as Preliminary Trial Papers, shall be served and filed with, or no more than thirty (30) days prior to, the At-Issue Memorandum: a. Fully completed current Income and Expense Declaration. (See Butte County Superior Court Local Rules, Rule 16.12.) b. Declaration Regarding Service of Final Declaration of Disclosure [Judicial Council Form FL.141]. Only required in Dissolution, Legal Separation, and Nullity cases, unless specifically ordered by the Court. c. UCCJEA Declaration Form. d. Statement of Issues, Contentions, and Proposed Disposition, with a full and complete statement of the factual basis in support of each contention. The statement shall cover all issues to be raised at trial, including, where appropriate: 1) Child custody, visitation, and timesharing; including what orders are issued and what the actual current timeshare and custody arrangements are and for how long they have been in effect. 2) Child support, including a computer-generated or other calculation of support; 3) Spousal support; 4) Characterization of property as separate or community, the nature, extent, and terms of payment of any encumbrance against the property, and the manner in which title has been vested since the acquisition of the property; 5) A proposed method for disposition of tangible personal property (i.e., household items and tools), such as by agreement of the parties, sealed bid, “piece-of-cake” (or “two pile”), appraisal and alternate selection, or sale; 6) Regarding funds held by others, such as insurance policies or retirement benefits, the basis for calculation of the present value, if applicable, all terms or conditions imposed upon the withdrawal of the funds, and details regarding any outstanding loans against any of the funds; 7) Terms of payment of any debts or obligations and any security held by the creditor; 8) Any claims against the community or the other party, including Epstein credits for post-separation payments of community debts, Watts charges for use of community assets, reimbursement for post-separation payments of the other party’s separate obligations, Family Code §2640 reimbursement for separate property contributions to the acquisition or improvement of community property; 9) Calculation of any community property interest in separate property (Moore-Marsden); 10) In tracing an asset that is contended to be part community and part separate, the statement shall describe the asset, its date of acquisition, its value, the dates and amounts of payments upon the purchase of the asset or nature and extent of the transaction which resulted in its acquisition, and a statement of the segregation of the total value of the asset as to its community and separate property values; 11) Witness List (of all non-impeachment witnesses) including name, address, telephone, statement of issue expected to testify to 12) Expert witness name, business address, telephone, statement of issue upon which the expert is expected to offer testimony statement of qualifications of expert and copy of the expert’s curriculum vitae. Any written report of the expert shall be provided no later than forty-five (45) days prior to trial. a. If the expert is retained less than forty-five (45) days before the trial, then the above information shall be provided as soon as is possible but in no event later than thirty (30) days before trial. 13) Exhibit List (of all non-impeachment exhibits). The actual exhibits shall be exchanged at least five (5) days prior to trial; they will be served at the same time as the trial brief; 14) Statement of unusual items and copies of appraisals performed of these items (oriental rugs, sterling silver, unusual jewelry, collections (ex: dolls, antique tools, handcrafted items)) or a statement that the parties have agreed to a particular value or to a particular appraiser; 15) Statement that statistical facts are undisputed, or if contested, what the differences are and the basis for the party’s contentions; 16) Statement of the educational debts incurred for which reimbursement is sought and the conditions under which it was incurred, the amounts repaid to date, if any, and the degree earned, if any; 17) Statement of the circumstances around any domestic violence restraining orders issued, domestic violence allegations and what supporting documentation is expected to be presented at trial; 18) Statement of the circumstances around any alleged habitual drug or alcohol use, if a custody matter, and what supporting documentation is expected to be presented at trial; 19) Spousal support – all of the factors in Family Code §4320 et seq should be addressed individually; 20) Attorney’s fees and costs; the stated attorney’s fees shall include a declaration by the attorney (“Cueva declaration”) as well as copies of all billing statements for which a contribution to fees and costs is sought. For any expert for which costs are sought, a declaration and copy of their billing statements shall also be served; 21) A statement that all discovery has been completed; 22) A statement concerning what current orders are in effect (if any), and when they were issued; 23) Any claim for breach of fiduciary duty; 24) Any other issue to be presented to the Court; 25) A copy of completed Schedule of Assets & Debts (JC Form FL- 142) previously exchanged; e. The written statement of any expert witness, prepared as a separate document, encaptioned “Declaration in Lieu of Testimony,” made by affidavit or declaration under penalty of perjury, and including the expert’s address and telephone number. The statement shall be received into evidence unless the opposing party, within thirty (30) days, serves and files a written demand that the witness be produced in person to testify at the hearing. Any portion of the statement that would be inadmissible if the witness were testifying in person is subject to an objection and motion to strike at trial. f. It is the policy of the Court that: 1) Vehicles will normally be valued at mid-range Kelly blue book; 2) Furniture, furnishings and tools are valued at “garage sale” type prices; 3) Personal clothing is normally awarded without value to the party who wears said clothing. 2. An At-Issue Memorandum that is not accompanied by all of the foregoing will be returned and the case will not be set for trial. 3. The responding party shall serve and file his or her Preliminary Trial Papers no later than thirty (30) days after service of the At-Issue Memorandum. This period may be extended to sixty (60) days by filing and serving a statement that the additional time is needed to prepare the Preliminary Trial Papers. This statement shall specify why the additional time is needed, and shall be served and filed within ten (10) days of the service of the At-Issue Memorandum. Any statement filed in bad faith or solely for the purpose of delay shall be cause for sanctions. a. Any misuse of the At-Issue process which attempts to prevent normal discovery by the opposing party, may be sanctioned or fees may be awarded. 4. No less than thirty (30) days before trial, each party shall serve and file a list of any experts the party expects to call at trial, including the name, address, and telephone number of the expert, a brief narrative statement of the qualifications of the expert, and a brief narrative statement of the general substance of the testimony that the expert is expected to give. Within fifteen (15) days of service of the expert witness list, either party may file a supplemental list of expert witnesses containing all of the same information. 5. Any party who believes that the case is not ready to be set for trial may within ten (10) days of mailing or personal service of the At-Issue Memorandum, file a Notice of Motion in Opposition to Trial Setting. C. FINAL TRIAL PAPERS (Not Applicable to Long Cause Hearings) 1. At least five (5) Court days before the trial, each party shall serve and file all of the following, which shall be known collectively as Final Trial Papers: a. A statement summarizing undisputed issues and disputed issues, with an updated estimate of trial time; b. Current Income and Expense Declaration; c. Updated Statement of Assets and Debts, if appropriate; d. Supplemental Statement of Issues, Contentions, and Proposed Disposition, detailing any changes or additions since the initial Statement of Issues. No party shall be allowed to raise at trial any issue not adequately disclosed in that party’s initial or supplemental Statement of Issues. e. A statement identifying each witness the party reasonably anticipates it is likely to call at trial; however, this does not apply to rebuttal witnesses. Only witnesses so listed will be permitted to testify at trial, except for good cause shown. The statement shall specify the name, address, and telephone number of each witness, a general statement of the issues that will be addressed by the testimony of the witness, and a time estimate for the direct examination of the witness. f. A list of exhibits, rather than the exhibits themselves, shall be filed with the Court. Parties shall exchange legible copies of all exhibits the party reasonably anticipates will be introduced at trial. Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown. The parties are encouraged to have their exhibits premarked. The exhibits are to be exchanged between the parties, not just a list of exhibits, unless the parties stipulate that the exhibit list is sufficient, with only the exhibit list going to the Court. g. A complete set of attorney’s bills and statements to date, if attorney’s fees are in issue. 2. The filing party shall serve the Final Trial Papers on the other parties in a manner to assure actual delivery to the other parties no later than five (5) Court days before the trial (mailing 5 days before trial is not compliance). 3. A Trial Brief setting forth the applicable law is required. All Trial Briefs shall be filed and served in a manner to assure actual delivery to the other parties and to the Court no later than five Court days before trial. 4. Meet and Confer Statement: Each party (or their attorney, if represented) is required to file a declaration that they in fact met and conferred in an attempt to settle any and all issues prior to trial. The statement shall be filed and served on the opposing party five (5) Court days prior to trial. If the meet and confer effort resolves issues, the parties shall so note in their Supplemental Statement of Issues and Contentions. D. CONTINUANCE 1. Except as set forth below, no case shall be continued from the RFO calendar except upon an affirmative showing of good cause, such as unavoidable unavailability of a party, attorney, or essential witness. 2. At the request of both parties, the Court may continue a case from the RFO calendar one (1) time to a subsequent RFO calendar for purposes of potential settlement in any of the following ways: a. Referral of a matter with a time estimate in excess of one day for a mandatory settlement conference. b. A joint request by all parties based upon their representation that they will conduct an informal settlement procedure (such as a meeting of all parties and attorneys) and that they believe there is a reasonable likelihood that some or all of the issues will resolve. c. Attendance by all parties and counsel at a settlement conference or informal settlement meeting is mandatory. Failure to attend and be prepared for any settlement conference or meeting may constitute sufficient cause for imposition of sanctions pursuant to California law, including, but not limited to, Code of Civil Procedure §575.2 and California Rules of Court, Rule 2.30. 3. Should parties wish a continuance from the RFO calendar other than to pursue a settlement (See #2 above) they must provide a written stipulation to that effect to the Court at least five (5) days prior to the RFO calendar. If only one party wishes a matter continued, that party has the burden of showing good cause why the matter should be continued which the Court in its discretion may grant or deny. Continuances are looked upon with disfavor. E. RESERVED F. CONTINUANCES FROM REQUEST FOR ORDER CALENDAR 1. Requests for continuances are looked on with disfavor unless good cause shown and will not be granted unless good faith attempts to contact the opposing party have been made prior to the day of the hearing. Parties are encouraged to stipulate in writing to a continuance at least five (5) days prior to the hearing which is to be continued. G. SANCTIONS FOR NON-COMPLIANCE WITH LOCAL RULES. Failure to fully comply with the foregoing Rules, in the absence of good cause, may result in the other party being granted a continuance and may subject the offending party, or his or her attorney, or both, to sanctions pursuant to California law including but not limited to California Rules of Court, Rules 2.30 and Code of Civil Procedure § 575.2. H. RESERVED (Effective date 7/1/90, as amended 7-1-01, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/17, as amended 1/1/18, as amended 1/1/20, as amended 7/1/25, as amended 1/1/26) 16.16 VALUATION DATE FOR ASSETS OTHER THAN TRIAL DATE (Effective date 7/1/90, renumbered 1/1/04) A. A party seeking a valuation date for community property other than the date of trial shall serve and file a notice of motion to be heard not later than thirty (30) calendar days before the trial date. (Family Code §2552) (Effective date 7/1/90, renumbered 1/1/04) 16.17 APPROVAL OR INCORPORATION OF PROPERTY SETTLEMENT AGREEMENT (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/17, as amended 7/1/17, as amended 1/1/20, as amended 4/20/20) A. No property settlement agreement shall be approved by the Court or incorporated by reference in a judgment unless: 1. The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval and incorporation, or both parties and their attorneys have endorsed approval of the agreement on the form of the stipulation for judgment; B. The agreement is signed and acknowledged by the parties; and 1. If both parties are represented by counsel, the agreement is signed by bothattorneys, or 2. If only one party is represented by counsel, the attorney for that party signs the agreement and the other party signs and acknowledges the agreement. 3. If neither party is represented by counsel, both parties shall sign and acknowledge the agreement. C. If either or both parties have applied for and/or are receiving public assistance, or have requested enforcement, then the proposed Property Settlement Agreement shall be presented to the Butte County Department of Child Support Services for approval prior to its presentation to the Court for approval. (Effective date 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 1/1/17, as amended 7/1/17, as amended 1/1/20, as amended 4/20/20) 16.18 DEFAULT OR UNCONTESTED JUDGMENT (Effective 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/17, amended 7/1/18, as amended 7/1/20, as amended 7/1/21) A. GENERAL POLICY B. JUDGMENT BY DEFAULT C. DOCUMENTS D. CHILD CUSTODY AND VISITATION E. CHILD SUPPORT F. SPOUSAL OR PARTNER SUPPORT G. REAL PROPERTY H. RESTORATION OF NAME I. FORMAT OF JUDGMENT J. PREPARATION & SUBMISSION OF PROPOSED ORDER… K. RESTRAINING ORDERS L. FINALITY OF JUDGMENT OF DISSOLUTION M. NUNC PRO TUNC JUDGMENTS N. FEE WAIVERS O. RELIEF INCONSISTENT WITH PETITION A. GENERAL POLICY 1. Where a Judgment of Dissolution, Nullity or Legal Separation of spouses in a marriage or partners in a domestic partnership is sought to be obtained by written agreement of the parties after a response has been filed (uncontested), or by default, the affidavit provisions of the Family Code may be used. 2. Judgments of Nullity of Marriage or Nullity of a Domestic Partnership require a Court hearing (Mandatory Form FL.120 must be filed). 3. Generally uncontested and default family law Judgments shall be obtained by declaration. However, a hearing may be set upon request of a party or by a Court order. B. JUDGMENT BY DEFAULT 1. Unless the Court orders otherwise, a default will not be entered based on notice and acknowledgement of receipt signed by a person other than the party to whom it is directed. C. DOCUMENTS 1. A Judgment Checklist: Dissolution/Legal Separation (Judicial Council form FL- 182) or Family Law Parentage Judgment Checklist (form FL.050) should be completed and filed with any proposed default or uncontested Judgment that is submitted to the Clerk's Office pursuant to Family Code §2336. All documents described in those checklists should also be submitted. D. CHILD CUSTODY AND VISITATION 1. If Petitioner is asking for a default Judgment in a dissolution, legal separation, or in a parentage or custody and support case, and has a child with the other parent and one or more of the following apply: a. Does not already have a custody and visitation order, b. Did not file a Child Custody and Visitation Application Attachment (Judicial Council Form FL-311) or a specific proposed order with the Petition, c. Does not already have a Marital Settlement Agreement or Stipulated Judgment, then the Petitioner shall complete, file and serve by mail or in person a Declaration for Default Custody and Visitation Orders (form FL.030) at least fifteen (15) calendar days before the Judgment is submitted. 2. A copy of the filed Declaration and proof of service (Judicial Council Form FL- 330/FL-335) shall be submitted to the Court with any proposed Judgment. 3. If Petitioner is obtaining the Judgment by default hearing, the Petitioner does not have to file and serve the Declaration for Default Custody and Visitation Orders (form FL.030) but must be prepared to talk about the factors requested in the Declaration at the default Court hearing. E. CHILD SUPPORT 1. Where Judgment is obtained by default and there is no attached written agreement concerning child support, an attached Declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the gross and net income of each party, the name and birth date of each child, and the amount of support for each child as calculated according to California child support guidelines. A computerized printout of the guideline calculations, including the findings page, may be substituted for the support portion of this Declaration. 2. Where a child support order is sought and the party to whom support is to be paid is receiving public assistance or the Department of Child Support Services (DCSS) is enforcing existing child support orders, that fact shall be set out in the Judgment and the issue shall be reserved for enforcement by DCSS. The party shall further list the Court case number on the DCSS action. F. SPOUSAL OR PARTNER SUPPORT 1. The issue of spousal or partner support for each party must be addressed in the Judgment. A support amount may be requested, spousal or partner support may be terminated, or the issue of spousal or partner support may be reserved. 2. If a request is made for: a. Establishing by default a permanent spousal or partner support for Petitioner or Respondent, or b. Terminating by default spousal or partner support for the Respondent, in a "marriage of long duration" (as defined in Family Code §4336(b)), and there is no attached written agreement concerning spousal or partner support, Petitioner shall file and serve by mail a Declaration at least fifteen (15) calendar days before filing the Judgment stating the following: 1) The effective date of the order sought 2) The proposed duration of support sought 3) The amount of support sought 4) The gross and net income of both parties 5) Information regarding relevant factors under Family Code §4320 c. The Proof of Service by mail form (Judicial Council Form FL-335) for service of this Declaration shall be filed with the Court before filing the proposed Judgment. d. This section does not apply to requests for termination of permanent spousal support in marriages not of long duration under Family Code §4336(b). G. REAL PROPERTY 1. All real property referred to in a Judgment shall be described by its complete common address and/or legal description. H. RESTORATION OF NAME 1. Restoration of a party's former name shall be ordered in a Judgment only upon that party's written request or request in open Court. I. FORMAT OF JUDGMENT 1. All orders concerning child custody, child visitation, child support, spousal support and attorney fees, as applicable, shall be set forth in the body of the judgment. As to these specific matters, reference to an attached written agreement of the parties is not acceptable. 2. The division of the community estate and confirmation of separate property, as applicable, may be set forth either in the body of the judgment or in an attached agreement incorporated in the judgment by reference. 3. Any jointly agreed-upon judgment or marital settlement agreement shall have the signatures of both parties notarized, or otherwise authenticated. J. PREPARATION AND SUBMISSION OF PROPOSED ORDER AFTER HEARING 1. The preparation and submission of the proposed Order After Hearing shall be pursuant to California Rule of Court, Rule 5.125. K. RESTRAINING ORDERS. All restraining orders in a judgment issued pursuant to Family Code §§2045(a) and 6322 must be followed by the date of expiration of such order. L. FINALITY OF JUDGMENT OF DISSOLUTION 1. No Judgment for the dissolution of marriage shall be final until six (6) months have expired from date of service of summons and petition or date of appearance of respondent. The Judgment shall specify the date on which the Judgment is finally effective for the purpose of terminating the marriage relationship of the parties. (Family Code §§2338 and 2339). 2. Upon noticed motion and good cause shown, or stipulation of the parties, the Court may retain jurisdiction over the date of termination of the marital status, or order the marital status terminated at a future specified date (Family Code §2340). M. NUNC PRO TUNC JUDGMENTS. To be entered nunc pro tunc, a Judgment must comply with FAMILY CODE §2346. N. FEE WAIVERS AT TIME OF ENTRY OF A JUDGMENT 1. Pursuant to Government Code §68637, subsections (d) and (e), all fee waivers will be subject to review by a judicial officer at the time a Judgment is submitted for signature and entry. At such time, the judicial officer may specify at his/her discretion that a Judgment not be entered except upon payment of all outstanding fees or upon the granting of a new fee waiver upon submission of a new application. Nothing in this Rule limits the Court's ability to review fee waivers during the proceeding per Government Code §68636. O. RELIEF INCONSISTENT WITH PETITION 1. Except by written agreement or as may be permitted by law, the Court will not grant relief that is inconsistent with the relief requested in the Petition. The Court on its own motion may require the party to appear to justify the relief requested. (Effective 7/1/90, as amended 1/1/04, renumbered 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/17, as amended 7/1/18, as amended 7/1/20, as amended 7/1/21) 16.19 MINOR’S COUNSEL (Effective 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 1/1/25, as amended 7/1/25, as amended 1/1/26) A. Appointment of Minor's Counsel, see California Rules of Court, Rule 5.240. B. Compensation of Minor's Counsel, see California Rules of Court, Rule 5.241. C. Qualifications of Minor's Counsel, see California Rules of Court, Rule 5.242. D. Rights and Responsibilities of Minor's Counsel, see California Rules of Court, Rule 5.242(i)-(k). E. Minor’s Counsel Costs and Submission of Claims 1. The Court authorizes minor’s counsel costs to be reimbursed at the rate set for the in Butte County Superior Court Local Rules, Rule 14.2 to be paid initially by the Court. Claims submitted by counsel must comply with Butte County Superior Court Local Rules, Rule 14.6(A). F. Recovery of Minor's Counsel Costs 1. DETERMINATION. The Court reserves the right to hold an Ability to Pay hearing when Minor’s Counsel leaves the case, or annually after one year from the date of appointment, to determine whether either parent has any ability to repay all, some, or none of the cost of Minor’s Counsel. Both parents are required to file an Income and Expense Declaration (FL-150) upon entering the case. Within thirty (30) days of the Court’s order relieving Minor’s Counsel, or on order of the Court subsequent to an annual review both parents are required to file a current Income and Expense Declaration (FL-150). Service of these documents on the other party is not required. The Court will review the parties’ financial information to determine whether either parent or both has the ability to repay the Court for Minor’s Counsel services. a. Failure to timely file the required documents can result in a finding of contempt of Court and can result in an order to perform community service, pay a fine, and serve jail time (Code of Civil Procedure §§1209, 1208). b. The Court may consider the failure to timely file the documents ordered by the Court as a waiver by that party of any objection to the Court’s findings and order on the cost of Minor’s Counsel and ability of that party to pay. c. The Court may rely on the case history and relevant documents in the case file in addition to any documents ordered to be filed for the Court’s determination on ability to pay. 2. ORDER. The Court will issue a written decision. Parties may file an objection to the ability to pay determination and submit further evidence by filing Local form Request for Review of Ability to Pay Determination; and Order Addressing Request (FL.130) within thirty (30) days of the Court’s order. 3. PAYMENT. Parties are to remit payment within sixty (60) days of a Court order. G. Minor’s Counsel Complaint Process 1. Complaints concerning Minor’s Counsel shall be dealt with as follows: a. Parents, parties and/or attorneys desiring to file a complaint regarding the performance of Minor's Counsel may submit a written complaint to the Supervising Judge of the Family Division, utilizing the Family Court – Minor’s Counsel Complaint Form. The form is available in the Clerk’s Office. b. Written complaints or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928 c. Written acknowledgement that the Court has received the complaint will be sent to the complainant. If further action is needed, the investigation process shall be completed within ninety (90) days. If warranted, the attorney named in the complaint will be given notice of the complaint and an opportunity to respond. At the conclusion of the investigation a written notice of the final action shall be sent to the complainant. (Effective 7/1/04, as amended 7/1/08, as amended 1/1/10, as amended 1/1/11, as amended 1/1/12, as amended 1/1/25, as amended 7/1/25, as amended 1-1-26) 16.20 RESERVED (Effective 1/1/19) 16.21 POLICIES FOR FAMILY LAW(Effective date 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended and renumbered 7/1/04, renumbered 1/1/11) A. COMMENT: The Court believes it is important for counsel and litigants to know prehearing what the general policies of the Court are on certain issues that arise in the Family Law area; therefore, the Court has adopted certain "Court Policies" which it follows except in the unusual case. The Court reserves to itself the continuing discretionary power it has in making any final determination on these issues on a case by case basis. The goal and intention of the "Court Policies" is to encourage and enhance the ability of counsel and the parties to settle these matters without a Court hearing wherever possible. C. COURT POLICY # 1 RESERVED D. COURT POLICY # 2 RESERVED E. COURT POLICY # 3 RESERVED F. COURT POLICY # 4 RESERVED G. COURT POLICY # 5 CHILD SUPPORT WHEN CHILDREN ARE SEPARATED 1. In this situation the Court will use the "set off" approach. The Court will apply the Guidelines to determine the support owed by the low wage earner and then determine the amount owed by the high wage earner, and then subtract the difference to determine the amount due from one party to the other. H. COURT POLICY # 6 TRAVEL EXPENSE RELATIVE TO VISITATION [COSTS] 1. If the parties live in the same county or within fifty (50) miles of each other, the Court will ordinarily divide any minor travel expenses equally between the parties. 2. If visitation requires air travel or automobile travel over long distances, the Court will ordinarily apportion costs based upon net disposable income, and the share of the payor spouse shall be added to his/her amount of support as set forth in the County Guidelines. 3. The Court may vary from this approach if one party has unnecessarily or unreasonably caused the need for payment of travel expenses. I. COURT POLICY # 7 RESERVED J. COURT POLICY # 8 RESERVED K. COURT POLICY # 9 JOB RELATED EXPENSES AND BENEFITS 1. [SEE FAMILY CODE §4059] 2. Employee benefits may or may not be included as part of net income in the Court's discretion, taking into consideration the benefit to the employee, the corresponding reduction in living expense, and any other relevant facts. L. COURT POLICY # 10 RESERVED M. COURT POLICY # 11 RESERVED N. COURT POLICY # 12 RESERVED O. COURT POLICY # 13 RESERVED P. COURT POLICY # 14 MEDIATION POLICY AND REFERRALS 1. It is the Court’s policy that all family law issues should be mediated in order to help resolve issues which the parties and counsel are unable to resolve without assistance. The parties should first attempt mediation whenever feasible and whenever doing so will not create an undue hardship. At all hearings on family law issues, before setting and proceeding to trial, the Court will consider whether to recommend mediation as an alternative to Court intervention, and whether to continue the matter for the purpose of allowing mediation. (Effective 7/1/90, as amended 7/1/98, renumbered 1/1/04, as amended and renumbered 7/1/04, renumbered 1/1/11) 16.22 RESULT OF FAILURE TO COMPLY (Effective date 1/1/09, renumbered 1/1/11) A. Failure to comply with any of the Rules contained within Rule 16 (16.1-16.20) may result in any of the following on request of an opposing party or on the Court's own motion: 1. Making an order based solely on the pleadings properly before the Court. 2. Making or vacating orders as the Court deems appropriate under the circumstances. 3. Continuing the matter. 4. Awarding attorney's fees and costs against the non-complying party, without the requirement of filing either an Income and Expense Declaration or a noticed motion. 5. Removing the matter from calendar. B. The Court retains discretion to excuse non-compliance with any Rule or Rules on a showing of good cause. (Effective date 1/1/09, renumbered 1/1/11) 16.23 RESERVED (Effective date 1/1/10, as amended and renumbered 1/1/11, as amended 1/1/12, as amended 1/1/17, as amended 1/1/20) 16.24 CONTEMPT HEARINGS (Effective 1/1/12) A. If a party cited for contempt appears without an attorney, one continuance normally will be granted to permit the citee to retain counsel. B. If the citee claims to be indigent, the citee will be ordered to fill out a Financial Information Statement in the Court Compliance office. If citee is found to be indigent, an attorney shall be appointed to represent the citee. C. The citee will be ordered to be present at the time and date set for the continued hearing, thus avoiding further service. D. In all contempt proceedings, a specific order of proof is preferred. First, the moving party shall introduce in evidence the prior order of the Court (by judicial notice or otherwise) which order was in full force and effect at the time of the alleged contempt. Second, the moving party shall establish that the opposing party had notice of that order. Third, the moving party shall proceed to establish the violation of that order, and the willfulness of that violation. E. As to contempt for failure to pay child support, parties and their attorneys, if represented, are expected to be familiar with Code of Civil Procedure §1209.5. F. The moving party and their attorney, if represented, shall be thoroughly prepared to present all required evidence clearly and expeditiously, without calling the citee to testify. G. After the contempt hearing, it shall be the responsibility of the moving party to prepare an order for the signature of the Court, setting forth the findings and orders of the Court. Such an order will be submitted directly to the Court, without approval as to form and content by the self-represented litigant. If the responding party is represented by counsel, it shall be submitted to counsel for approval. H. The party or attorney preparing the Order After Hearing must set forth all findings of the Court including factual findings of the existence and current validity of a described order, knowledge of the contemptor of that order, the violation of that order, and the willfulness of that violation. Thereafter, there shall be set forth the orders of the Court with regard to the finding of contempt, and the sentencing. No contempt order will be signed by the Court without compliance with the foregoing. I. After a finding of contempt and sentencing thereon, there is no Court policy that a stay of execution will be granted. Counsel are expected to advise their clients of this fact in advance of the Court hearing. J. In appropriate cases, the Court may permit a continuance of sentencing to assure compliance with Court orders. K. If the citee fails to appear for hearing after proper service and proof being made thereof, the matter will proceed to hearing in the citee's absence. (Effective 1/1/12) 16.25 PETITIONS TO TERMINATE PARENTAL RIGHTS AND FREE A MINOR FROM PARENTAL CUSTODY AND CONTROL (Effective 1/1/15) A. Any party or attorney seeking to file a petition to terminate parental rights and free a minor from the custody or control of a parent, pursuant to California Family Code §7881 et seq., must present to the Court clerk appropriate forms of order at the time the petition is filed. Petitions presented without appropriate forms of order will not be filed. B. A party or attorney is encouraged to use a standard form of order, including any forms available through the Butte County Superior Court website. (Effective 1/1/15) 16.26 ADOPTIONS (Effective 1/1/15) A. Any party, agency or attorney seeking an order of adoption must present to the Court clerk an Adoption Request (Judicial Council Form ADOPT-200), Adoption Agreement (Judicial Council Form ADOPT-210) and an Adoption Order (Judicial Council Form ADOPT-215) before a hearing for an order of adoption will be calendared. These forms are also available in the Court Clerk’s Office and Self-Help Assistance & Referral Program Office. B. A party or attorney is encouraged to use standard forms of order available through the Judicial Council website; including following the instructions on How to Adopt a Child in California (Judicial Council Form ADOPT-050). (Effective 1/1/15) 16.27 PARENTING COORDINATOR GUIDELINES (CHILD CUSTODY AND VISITATION) (Effective date 7-01-18) A. Role of the Parenting Coordinator 1. A Parenting Coordinator is a mental health professional, or family law attorney, who specializes in helping high-conflict parents resolve disputes regarding their children. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, mediation, facilitated negotiation, and conflict and communication management. When parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, the Parenting Coordinator makes recommendations or decisions on issues that are specified in a stipulation and order. The ultimate goal is to help parents learn to resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process. B. Selection and Appointment of Parenting Coordinator 1. Timing a. A Parenting Coordinator may be appointed at any time during a proceeding involving child custody or visitation issues, upon the stipulation of the parties and subject to the approval of the Court. C. Procedure 1. Appointment a. The parties may stipulate to the appointment of a Parenting Coordinator, subject to consent of the individual selected, and subject to the Court's approval. The Parenting Coordinator's role, powers, duties, term, and incidental matters should be set forth in a written stipulation and order. (See form FL.100, Stipulation and Order Appointing Parenting Coordinator.) 2. Acceptance of Appointment a. The proposed Parenting Coordinator shall have the right to accept or decline any appointment, with or without giving a stated reason. A person proposed as a Parenting Coordinator is required to decline the appointment if he or she knows of any bias or conflict of interest that would prevent him or her from acting fairly and impartially. The Parenting Coordinator shall act pursuant to a written stipulation and order defining his or her role, duties, and fees. The form of order shall be approved by the Parenting Coordinator. 3. Term of Appointment a. The Parenting Coordinator shall be appointed for a specified term or length of time, usually at least one (1) year and not more than three (3) years. This will give the Parenting Coordinator sufficient time to work with the family, while reinforcing the parents' responsibility for their own lives and their child(ren)'s welfare. 4. Legal Authority for Appointment a. There is no specific legal authority for appointment of a Parenting Coordinator. For this reason, a Parenting Coordinator may only be appointed upon the stipulation of the parties. Absent a stipulation for appointment of a Parenting Coordinator, the Court does have authority to appoint a third party (not a Parenting Coordinator) under one or more of the following Code sections: 1) An expert witness under Evidence Code §730; 2) A referee under Code of Civil Procedure §638, et seq. 3) An investigator or evaluator under Family Code §3110 et seq. 4) An arbitrator under Code of Civil Procedure §1280; 5) A mediator under Family Code §3160-3186. 5. Qualifications a. The parties and counsel are responsible for determining whether a proposed Parenting Coordinator is qualified for appointment. Upon request, a proposed Parenting Coordinator must provide the requester with a resume or other documentation of his or her qualifications prior to the filing of a stipulation and order appointing a Parenting Coordinator. b. For the benefit of the parties and counsel the following qualifications are recommended. All Parenting Coordinators should have completed a training twelve (12) hours or more in Parenting Coordination. In addition, Parenting Coordinators should meet the following professional standards at the time of appointment for any of the following. 1) Psychologists, Psychiatrists, Marriage and Family Therapists, and Licensed Clinical Social Workers: a) Valid current license to practice in the State of California. b) Experience i. Three (3) years’ post-license experience in child and family therapy and high conflict families, including provision of Court ordered co-parenting counseling; and/or ii. Three (3) years’ experience in evaluations for family Court and/or Children’s Services Division and/or family mediation practice; or iii. Three (3) years’ experience in Court-based family mediation or assessment. b) Training i. Six (6) hours in child development and/or psychology of divorce and custody. ii. Twenty-four (24) hours or more of mediation training is recommended. iii. Familiarity with ethical issues of custody disputes and adherence to the American Psychological Association Guidelines for Parenting Coordinators. iv.Working knowledge of custody law, with a minimum of six (6) cases working with attorneys and/or Court appearances. 2) Attorneys: a) Valid current license to practice in the State of California. b) Experience i. Practicing family law for the last five (5) years. ii. At least twenty (20) custody cases in which the attorney represented a parent or a child. c)Training i. At least thirty (30) hours training in mediation; ii. At least six (6) hours continuing legal education in custody law over the previous three (3) year period; iii. The equivalent of completion of a six (6) hour child development course. iv. Familiarity with ethical issues and practices in providing Parenting Coordination services and the Association of Family and Conciliation Courts guidelines for Parenting Coordination. c. The proposed Parenting Coordinator shall complete and file with this Court a Certificate of Qualifications to Serve as a Parenting Coordinator, Butte County Superior Court Local Rule, Form FL.110. D. Fees 1. A person appointed as a Parenting Coordinator is entitled to charge a reasonable fee commensurate with his or her experience and abilities and to request an appropriate retainer (subject to replenishment as it becomes diminished). The order appointing the Parenting Coordinator shall clearly specify the fee arrangement and each party's responsibility for the fee, as determined by the Court or by stipulation. The Parenting Coordinator shall also have the ability to recommend a reallocation of fees as a sanction for obstructive behavior; this power shall also be spelled out in the order. E. Withdrawal and Removal 1. Once appointed, the Parenting Coordinator shall have the right to withdraw upon written notice to the Court and the parties, with or without a stated reason. 2. The Parenting Coordinator may be disqualified on any of the grounds applicable to the removal of a judge, referee or arbitrator, upon noticed motion by either party or the Court, sua sponte, after notice to all parties and the Parenting Coordinator. 3. Neither party may initiate Court proceedings for the removal of the Parenting Coordinator or to bring to the attention of the Court or any other body any grievances regarding the performance or actions of the Parenting Coordinator without meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance. F. Powers and Scope of the Parenting Coordinator’s Authority 1. The Parenting Coordinator shall not make any recommendations that alter a custodial designation of joint, or sole, legal or physical custody established in a current order of the Court, prohibit a party's contact with his/her child(ren), require or prohibit adherence to a religion, or substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than two (2) twenty-four (24) hour periods in twenty-eight (28) days). These decisions and others relating to issues not included among those assigned to the Parenting Coordinator, as set forth in the stipulation and order, are reserved to the Superior Court of California, County of Butte for adjudication. For those matters, a Parenting Coordinator's authority is limited to recommending to the parents (without any recommendation as to the preferred outcome) that the Court be requested to review and consider any such matter. A party who wishes a Court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order in order for the matter to be reviewed and considered. 2. Powers of the Parenting Coordinator; First Level - Authority to Make Binding Decisions a. The Parenting Coordinator shall have authority to make binding decisions, if the parties so stipulate, on matters relating to daily routines, management of services provided by third parties and minor alterations in the visitation schedule. Subject to the stipulation of the parties, the Parenting Coordinator has the authority to make decisions regarding the issues set forth below and such decisions are effective as orders when made. The decisions will continue in effect unless modified or set aside by a Court of competent jurisdiction. Parenting Coordinator decisions on these matters shall be communicated to parties and counsel in person, by telephone, mail, fax, email or email attachment and/or personal delivery, and will take effect immediately upon issuance. 1) Minor alterations in schedule that do not substantially alter a child's time with either parent during a thirty (30) day period. 2) Dates, times, designated person, location and method of pick-up and delivery. 3) Sharing of parent vacations and holidays. 4) Responsibility for transportation of the child(ren) to accommodate time-sharing between the parents. 5) Selection of child care/daycare and babysitting providers. 6) Childrearing disputes such as bedtime, diet, clothing, homework, and discipline. 7) Participation in after school, enrichment, and athletic activities. 8) Scheduling disputes arising from after school, enrichment, athletic, religious education and training and other activities. 9) Health care management, such as scheduling appointments, and determining who attends appointments and responsibility for reporting the outcome of any appointments to the other parent. 10) Participation of others in a parent's designated time with the child(ren), significant others, relatives, etc. 11) In the case of infants and toddlers, increasing time share when developmentally appropriate. 12) Right of first refusal for child care responsibilities. 13) Scheduling swaps of custodial time. 14) Coordinate participation in Court-ordered alcohol and drug monitoring or testing, including setting a process for selection of monitors or testers if the parents cannot agree. 15) Other matters, subject to the stipulation of the parties and the approval of the Court. 3. Powers of the Parenting Coordinator; Second Level – Authority to Make Recommendations to the Court a. The Parenting Coordinator shall have authority to make recommendations on issues having a longer-term impact on the child(ren)'s best interests, short of changes in physical or legal custody or substantially limiting parents' access to child(ren). The Parenting Coordinator has the authority to make recommendations on the issues set forth below. The recommendations shall be submitted to the Court, which may approve them and enter them as Court orders. 1) Alterations in schedule that do not increase or decrease the child(ren)’s time with either parent by more than two (2) twenty-four (24) hour periods in twenty-eight (28) days. 2) Coordinating church attendance and religious classes. 3) Large changes in vacation and holiday timeshare. 4) Supervision of the child(ren)’s contact with a parent. 5) Private or public school education. 6) Appointment of counsel for the child(ren). 7) Recommending a child custody investigation, evaluation or re-evaluation, including setting a process for selection of a professional when the parents cannot agree. 8) Recommending participation by parents and/or child(ren) in alcohol and drug evaluation, monitoring, and/or testing. 9) Recommending participation by the parents and/or child(ren) in health services, including physical and psychological examinations, assessments, and psychotherapy, and including recommending a process for selection of providers. a) A Parenting Coordinator's recommendation on these matters shall be served on the Court, parties, and counsel by mail, fax, or personal delivery. Either party shall have the right to request a written explanation from the Parenting Coordinator of any recommendation, which shall be provided within ten (10) calendar days to both parties, counsel, and the Court. The Parenting Coordinator recommendations shall be subject to adoption by the Court as an order unless either party files and serves a motion objecting to entry of the order within twenty (20) calendar days of service of the recommendations. G. Procedure for Implementing Recommendations 1. The Parenting Coordinator's decisions on first-level matters shall be communicated to parties/counsel orally and/or in writing, in person, by telephone, fax, email or email attachment, and/or mail, and take effect immediately. 2. The Parenting Coordinator's recommendation on second-level matters shall be communicated in writing to the Court, parties and counsel by mail, fax, or personal delivery. The Parenting Coordinator's recommendations are subject to adoption by the Court as an order after fifteen (15) calendar days unless either party files and serves a motion objecting to entry of the order. Either party should have the right to request a written explanation of any recommendation, to be provided within twenty (20) calendar days, to the other party, counsel, and the Court. H. Cooperation and Communications 1. Both parents shall participate in the dispute resolution process as defined by the Parenting Coordinator and shall be present when so requested by the Parenting Coordinator. The Parenting Coordinator may conduct sessions that are informal in nature, by telephone or in person, and need not comply with the Rules of evidence. No formal record need be made, except the Parenting Coordinator's written decision and recommendations and the parents' mutual agreements. The ParentingCoordinator shall have the authority to determine the protocol of all interviews and sessions including, in the case of meetings with the parents, the power to determine who attends such meetings, including individual and joint sessions with the parents. The Parenting Coordinator shall have the authority to communicate with the child(ren) and/or and other relevant third parties. 2. The parents shall provide all reasonable records, documentation, and information requested by the Parenting Coordinator. 3. The Parenting Coordinator may utilize consultants as necessary to assist the Parenting Coordinator in the performance of the duties. 4. The parents and their attorneys shall have the right to initiate or receive ex parte communication with the Parenting Coordinator under guidelines established by the Parenting Coordinator. Copies of all written communications to the Parenting Coordinator including emails are to be provided to the other party. The Parenting Coordinator may, in his/her sole discretion initiate written communications with a parent or counsel that are not copied to the other party. 5. The Parenting Coordinator may communicate with the parties' child(ren) outside the presence of the parents. The Parenting Coordinator may communicate with the therapists who are treating the parties' child(ren) as well. The Parenting Coordinator may keep such communications confidential. 6. Except as to communications referenced above, the Parenting Coordinator process is not confidential. If the Parenting Coordinator is a licensed mental health professional, no therapist-patient relationship and/or privilege is created by the stipulation to use a Parenting Coordinator. If the Parenting Coordinator is a licensed attorney, no attorney-client relationship and/or privilege is created by the stipulation to use a Parenting Coordinator. I. Parenting Coordinator Role When Issues Addressed Interrelate With Financial or Property. 1. If issues arise that are outside of the expertise of the Parenting Coordinator, particularly issues such as support, use or occupancy of property, management of assets and other financial issues, the Parenting Coordinator shall inform the parties, and their attorneys that these issues are not within the scope of the Parenting Coordinator's authority. J. Immunity; Testimony 1. The Parenting Coordinator is a Court officer and has quasi-judicial immunity. The Parenting Coordinator cannot be sued based on his/her actions in this matter, so long as the Parenting Coordinator maintains neutrality and performs quasi-judicial functions. (See Howard v. Drapkin (1990) 222 Cal.App.3rd 843.) The Parenting Coordinator's file may not be subpoenaed, and the Parenting Coordinator may not be compelled to testify. K. Format of Order Appointing Parenting Coordinator 1. Parties who stipulate to the appointment of a Parenting Coordinator shall submit a Stipulation and Order Appointing Parenting Coordinator (Butte County Superior Court Local Rule, Form FL.100). Court and counsel may fashion individual orders for unique situations. (Effective date 7-01-18)
LOCAL RULE 16 FAMILY LAW (Effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/05, as amended 1/1/07, as amended 7/1/07, as amended 7/1/08, as amended 1/1/09, as amended 7/1/09, as amended 1/1/10, as amended and renumbered 1/1/11, as amended 7/1/11, as amended 1/1/12, as amended 7/1/12, as amended 7/1/14, as amended 1/1/15, as amended 7/1/15, as amended 1/1/17, as amended 7/
Reviewer note: Composed 2026-10-10 (California T4 Butte build 2026-10-10) from BenchPath custody ca/t4/ca-butte/docs/local-rules/local-rules-january-2026-final-edit_san.pdf (the court's rule book, its cover “Local Court Rules Effective July 1, 2026”, as fetched 2026-10-10; 6485001 bytes, sha256 043b7a23248fccbde751232510b0b283759182bb05446c97c68478f2adcb12b1; 229 pages; this rule PDF pages 76 to 104) with the shared verbatim composer (v2 reflow) and its strike-out: 19 rules - 1 to 4, 6, 9, 12 to 22, 50 and 51 - each composed from its own pages (PDF pages 14 to 126, printed “Page 1 of 216” to “Page 113 of 216”), from its heading (“LOCAL RULE 1 GENERAL RULES”, with its history note on the same row) to its last history note: each page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES”) and its two footer lines (the rule's name and “Page N of 216”) removed as chrome - PDF page 24, a Rule 2 page, prints Rule 1's name in its footer, removed there too; lines reflowed into the rules' paragraphs, each rule's heading and each subdivision's label and title (“2.1 APPLICABILITY”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 14 whitespace-only fixes (build/book-fixes.json: eleven complaint addresses in Rules 6, 9, 16, 17 and 51 whose street the reflow ran into the court's name, each street set on its own line as printed; Rule 2.6(B)'s transcript request address set on its four lines; Rule 2.16's empty label “D.” set apart from Rule 2.17's heading; Rule 16.27's “c)Training” set on its own line) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the rules with their effective dates, the applicability statement, the table of contents, the abbreviations, the subject index, the forms indexes and the local forms printed as page images (PDF pages 127 to 229) belong to no card. Review note: Carried as printed: Rule 16.21's heading “POLICIES FOR FAMILY LAW(Effective ...” and Rule 16.27's “c)Training”. The Feedback/Grievance page (held) cites “Local Rule 16.19(F)” for complaints about minor's counsel; the complaint process is Rule 16.19(G) - 16.19(F) is the recovery of minor's counsel costs (a review task).
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.
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.