Loading…
Chapter 5 (Rules 5.1 to 5.16): the family law calendar's matters - requests for orders, orders to show cause and motions, defaults, settlement conferences and trials, enforcement and modification, the Uniform Parentage Act, the Uniform Child Custody Jurisdiction and Enforcement Act, the Uniform Interstate Family Support Act, domestic violence restraining orders, discovery, writs of execution and habeas corpus, and adoptions (5.1); requests for orders set approximately four weeks after filing, on Tuesdays at 1:30 p.m. in Department 2, custody and visitation requests without temporary orders approximately sixty (60) calendar days from filing so the mandatory mediation can be completed, a maximum of twelve (12) matters on any Tuesday's calendar, and the clerk to advise the moving party of a new date (5.2); an order shortening time granted only on a declaration demonstrating good cause, ex parte papers for temporary orders filed no later than 3:00 pm the court day before with the local form “Application for Immediate Court Hearing and Order”, in strict compliance with rules 5.151 through 5.170, and temporary orders without prior notice only on evidence of great or irreparable injury (5.2); the moving party's pleadings and any required blank responsive pleadings served under Code of Civil Procedure § 1005 and Family Code § 215, personal service within five (5) days of issuance of temporary orders, a written order continuing the matter obtained when service has not been completed in a timely fashion, to keep it on calendar, and the response served to ensure delivery not later than one (1) court day after the responding papers are filed (5.3); moving papers filed no less than sixteen (16) court days prior to the hearing (motions involving child custody and visitation, where no temporary orders have issued, generally approximately thirty (30) days), responsive pleadings no less than nine (9) court days prior, the proof of service no less than five (5) calendar days before the hearing, financial declarations current only if executed within 90 days of the hearing, and reports concerning the child not attached to motions but provided to the court at the time of hearing (5.4); a meet and confer once responsive papers are filed, and no surprise documents or evidence at the hearing (5.5); hearings on the family law motion calendar limited to ten (10) minutes or less, the parties prepared to submit their cases on the filed pleadings, declarations, offers of proof and brief testimony under Family Code § 217 and rule 5.113, live witness testimony only on compliance with § 217(c) and rule 5.113(e) (5.6); stipulations recited in open court reduced to writing and signed, and the prevailing party responsible for preparing the order after hearing and submitting it to the other side for review and approval (5.7); no at-issue memorandum filed in any family law matter, and a mandatory settlement and trial setting conference, the parties and trial counsel to participate and to submit and serve a settlement conference statement five (5) court days prior to the conference under rule 3.1380 (5.8.1, 5.8.2); the Family Law Caseflow Program for dissolution, nullity, legal separation and parentage actions, a Case Status Conference approximately 120 days from the filing of the Petition, the Caseflow Program Notice served with the Summons and Petition, a Case Status Conference Statement (Form A-3) filed and served at least five (5) days before each conference, tentative rulings the Court routinely adopts absent objection, and telephone appearance by making arrangements with CourtCall at least five days prior (5.9); counsel appointed for a minor under Family Code §3150 charged no court filing fee for motions made, with rights of access and the duties of Family Code §3151, and complaints regarding counsel reviewed and resolved under the procedures described in Local Rule 5.50(f) (5.10); mandatory child custody mediation before the hearing under Family Code § 3170, the court to set the mediation appointment, the moving party to serve the “Mediation Referral and Information Packet” at least five (5) days prior to the session and file proof of service, the mediation orientation session on the internet or in person, sanctions for noncompliance, an agreement reached in mediation not a court order until affirmed in open court session or by written stipulation, and complaints directed in writing to the Family Court Services Director, or to the Court Executive Officer if the Director conducted the mediation (5.11); custody evaluations only by court order under Evidence Code § 730 and Family Code § 3111, the evaluator appointed from a list of experts submitted by the parties and approved by the court, no preemptory challenge of evaluators, complaints to the Family Court Services Director, and the parties in most cases to share equally in the costs of the evaluation, payment of the expert to appear at a hearing at the sole expense of the party requiring the expert's presence (5.12); the Office of the Family Law Facilitator available to assist parents and other parties who have questions about family law issues, and a complaint about the Office to the Court Executive Officer for review, investigation and determination, on a complaint form available at the Court's filing window (5.13); a request to dismiss a domestic violence restraining order accompanied by a declaration demonstrating good cause, the parties' agreement without a declaration insufficient, and the clerk to forward the documents to the assigned judicial officer for consideration and determination, the matter dismissed or set for hearing (5.14); remote appearances for child support under rules 5.324, 3.670 and 3.672, with the exception of 5.324(f), forms RA-010 and RA-020 to complete and file at least five (5) days prior to the court date, notice to the other parties of the intent to appear remotely within one (1) court day before the hearing, and the vendor the Calaveras County Superior Court (5.15); remote appearance at a short cause Domestic Violence hearing on form RA-010 with a proposed order at least five (5) court days prior, notice to the other parties received at least ten court days prior, a non-moving party to file form RA-010 by 3:00 p.m. at least two (2) court days prior, remote appearances for evidentiary hearings only in the most extraordinary circumstances, and online filings on forms mandated by the Judicial Council or specially approved local forms, persons filing on the eFile internet portal to comply with the requirements listed in the court website's “eFiling Information” (5.16).
CHAPTER 5- FAMILY LAW and JUVENILE RULES 5.1 Matters Heard (Eff. 7/1/98; As amended, eff. 1/1/14.) Matters heard on the family law calendar shall include the following: (a) All requests for orders, orders to show cause, motions and other family law matters preliminary to trial; all defaults under the Family Code; and all required settlement conferences and trials; (b) All request for orders, order
Reviewer note: Composed 2026-10-12 (California T4 Calaveras build 2026-10-12) from BenchPath custody ca/t4/ca-calaveras/docs/local-rules/calaveras-superior-court-local-rules-eff-7-1-26-3.pdf (the court's rule book, its cover “CALAVERAS COUNTY SUPERIOR COURT LOCAL COURT RULES EFFECTIVE: JULY 1, 2026”, as fetched 2026-10-12; 7185805 bytes, sha256 1518beed5362aa96ee849265fde2622770c66708d65a49504c2dc694dcee9e65; 113 pages; this part PDF pages 34 to 45, printed pages 28 to 39) with the shared verbatim composer (v2 reflow): the rules (PDF pages 7 to 65, printed 1 to 58 with an unnumbered last page) composed as one text, from Chapter 1's heading to Rule 10.3, and cut at the ten chapter headings and at Chapter 5's sub-heading “JUVENILE RULES”, each matched once as a whole line (every chapter opens a page); each rule page's running header (“Calaveras Superior Court”) and its page number (“N | P a g e”, its letters spaced) removed as chrome (117 lines; the last rule page prints neither); lines reflowed into the rules' paragraphs, each rule's number set with its title and its history as one line (“2.1 Filing and Format of Documents (Eff. 7/1/98; As amended, eff. 7/1/19.)”), each lettered or numbered subdivision starting a line, and each footnote on a line of its own; no table on the rule pages; the strike report (review/strike-report-2026-10-12.txt) finds three struck runs, each a single space (PDF pages 17, 84 and 85 - no word joined), and stray strokes striking nothing on two appendix form pages (87 and 88); the five soft hyphens (U+00AD) of the text layer, each at a printed line end and printed as a hyphen (review/render/soft-hyphens-2026-10-12.png), read as hyphens (the composer's glyph map, applied to the text and the layer alike); 8 whitespace-only fixes (build/book-fixes.json: Rule 1.6's heading set apart from its first sentence, which the reflow ran onto it; two false breaks rejoined, in Rule 2.5(a) before ““CONFIDENTIAL”” and in Rule 3.7 inside “Case Management Calendar”; the reflow's space after each soft hyphen removed - “(MC-500)” in Rule 2.14(f), “routine ex-parte” in Rule 3.1(a), “(Form RA-010)” in Rule 5.16(b) and the two addresses of Rules 5.16(g) and 6.1); the vertical-gap, short-line, page-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 short line, three bold headings and one false break 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 blank page 2, the table of contents (PDF pages 3 to 6), the reserved Chapter 9's heading (PDF page 64), the appendix of local forms (PDF pages 66 to 109) and the index (PDF pages 110 to 112; page 113 carries only the running header) belong to no card. Review note: Rule 5.11(d) directs complaints about a mediator “to the Family Court Services Director or Court Executive Officer if the Family Court Services Director conducted the mediation”, while the Other Important Information page (held) directs complaints about mediation or evaluation services to “the Court Executive Officer”; Rule 5.15(b) requires forms RA-010 and RA-020 “at least five (5) days prior to their court date”, while the Request for IV-D Child Support Remote Appearance via Zoom (held; linked only from the Spanish forms page) has the request filed “at least five (5) court days prior to the hearing” and served “within one (1) court day after filing the form”; and Rule 5.8.1 abolishes the at-issue memorandum in family law matters, while the “At-Issue” Memorandum the Spanish forms page links (held) lists family law among its case types (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.
California > Third Appellate District > Calaveras County > Superior Court of California, County of Calaveras
CHAPTER 5- FAMILY LAW and JUVENILE RULES 5.1 Matters Heard (Eff. 7/1/98; As amended, eff. 1/1/14.) Matters heard on the family law calendar shall include the following: (a) All requests for orders, orders to show cause, motions and other family law matters preliminary to trial; all defaults under the Family Code; and all required settlement conferences and trials; (b) All request for orders, orders to show cause and motions relating to enforcement or modification of family law orders or judgments; (c) All requests for orders, orders to show cause and motions relating to child custody, support, visitation, or attorney fees and costs under the Uniform Parentage Act (Family Code §7600 et seq.) and the Uniform Child Custody Jurisdiction and Enforcement Act (Family Code §3400 et seq.); (d) All proceedings under the Uniform Interstate Family Support Act (Family Code §4900 et seq.); (e) All applications for restraining orders enjoining domestic violence under the Family Law Act, the Uniform Parentage Act, and the Domestic Violence Prevention Act (Family Code §6200 et seq.); (f) Family law discovery matters; (g) All applications for issuance of writs of execution and habeas corpus, or warrants in lieu thereof, in family law cases; and (h) Adoptions and all matters relating thereto, including proceedings pursuant to Family Code §7800 et seq. or §7660 et seq. 5.2 Setting Family Law Motion Hearings (Eff. 1/1/03; As amended, eff. 1/1/18.) (a) Introduction. Generally, family law request for orders are set for a court hearing date which is approximately four weeks after the moving party files the motion paperwork with the court (See “Standard Practice” below). Only under exceptional circumstances may the four week “notice period” between filing of the motion paperwork and the date for hearing be shortened (See “Special” and “Emergency Situations” below). The purpose of the notice period is to allow the other party who has been served with the motion paperwork to consider the matter and file and serve a response (See “Service” and “Filing” sections below). The delay between initial filing and the court hearing also provides parties on a child custody motion the time to attend orientation and mediation prior to the court hearing date (See Rule 5.11). The court expects both sides to have attempted to resolve each issue raised by the moving and responding paperwork prior to attending the court hearing (See Rule 5.5). At the court hearing the judge will generally make a determination on the request for order based upon the evidence found in the moving and responding papers (See Rule 5.6). (b) Standard Practice – Regularly Noticed Hearing. The moving party for any regularly noticed request for order, motion, or order to show cause (without temporary orders) shall choose a convenient hearing date and enter the requested date on the moving papers along with the generally appropriate time and department of Tuesdays at 1:30 p.m. in Department 2. In selecting the requested hearing date, the moving party must observe the filing and service timelines of Code of Civil Procedure § 1005. Additionally, requests for orders, motions, and orders to show cause involving child custody and visitation, where no temporary orders have been issued, will generally be set approximately sixty (60) calendar days from the date of filing so the mandatory mediation can be completed prior to the hearing. Further, a maximum of twelve (12) matters will be placed on any Tuesday’s family law motion calendar. If the court rejects the requested date, time, and/or department entered on the moving papers, the court clerk will so advise the moving party who is then responsible for providing the responding party with adequate notice of the new date, time, and/or department for the hearing. (c) Special Situations – Shortening Standard Time for Hearing. An order shortening time for service of notice and hearing (per CCP § 1005) will only be granted where the application is supported by a declaration demonstrating good cause to shorten the regular notice period. (d) Emergency Situations – Temporary Orders Upon 1 Day Prior Notice of Hearing. The moving party’s pleadings should be filed with the court no later than 3:00 pm the court day prior to the ex-parte hearing. Ex-parte applications for temporary orders are only granted where strict compliance with California Rules of Court, Rule 5.151 through 5.170 is demonstrated by the moving papers. Applicants requesting an ex-parte hearing should complete local form “Application for Immediate Court Hearing and Order” [Local Form A-1] which is filed with the moving papers. Upon issuance of temporary orders, the court will select the next hearing date. (e) Emergency Situations – Temporary Orders without Prior Notice or Hearing. Temporary orders will only be granted without prior notice to the other party where the application for the temporary orders contains evidence that clearly demonstrates great or irreparable injury will result to the applicant before the matter can be heard on notice or injury will result if prior notice is given. Upon issuance of temporary orders, the court will select the next hearing date. 5.3 Service of Notice / Pleadings of Family Law Motion Hearings (Eff. 1/1/14.) (a) Standard Practice – Service of Pleadings by the Moving Party. The moving party’s pleadings as well as any required blank responsive pleadings must be served on the opposing party or attorney in accordance with the time frames mandated in Code of Civil Procedure § 1005 and Family Code § 215, unless an order shortening time for service or temporary orders has been obtained. Where service of process of a request for order, motion or order to show cause has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the matter on calendar. (b) Service of Pleadings where Temporary Orders have Issued. Where temporary orders have been issued by the court, the responding party must be personally served with the moving papers and temporary court orders as well as any required blank responsive pleadings within five (5) days of issuance of the temporary orders unless the order specifically designates a shorter time for service. Where service of process has not been completed in a timely fashion, a written order continuing the matter to a new date must be obtained prior to or at the original hearing date in order to keep the hearing on calendar and temporary orders in effect. (c) Service of Responsive Pleadings. The response to the request for order, motion or order to show cause must be served in a manner reasonably calculated to ensure delivery to the other party not later than one (1) court day after the responding papers are filed with the court. See below for the applicable times for filing. 5.4 Filing Family Law Motions with the Court (Eff. 1/1/03; As amended, eff. 1/1/14.) (a) Filing of Applications for Orders. The moving party must file the moving papers, including application, declaration(s), points and authorities, proposed order(s) and any other supporting documents, by mail or hand delivery to the court’s filing window at a time no less than sixteen (16) court days prior to the hearing unless the court has granted an order shortening time or temporary orders. Motions, requests for orders or orders to show cause involving child custody and visitation, where no temporary orders have issued, must generally be filed approximately thirty (30) days prior to the date of hearing so that mediation may be completed prior to the hearing. (b) Responsive Pleadings. The responding party generally must file any responsive pleadings, including declarations, objections and/or points and authorities, with the court no less than nine (9) court days prior to the date of hearing unless the court specifically ordered another time for filing. (c) Proof of Service. The moving party is advised to file the proof of service of the moving party’s pleadings with the court at the time of filing the motion, and when that is not possible the proof of service must be filed with the court no less than five (5) calendar days before the hearing. If no timely proof of service has been filed and no responsive pleadings or stipulations are on file, the court may drop the matter from the calendar. (d) Financial Declarations. A completed Income and Expense Declaration, Financial Statement (Simplified), and/or Property Declaration must be attached to and filed with any application for order when relevant to the relief requested. Such financial declarations, even where no changes of circumstance are alleged, are deemed “current” pursuant to rule 5.260(a)(3) of the California Rules of Court only if executed within 90 days of the hearing determining the relief requested. (e) Medical, Psychological or Educational Reports. Medical, psychological, educational or other types of reports concerning the child shall not be attached to motions filed with court but shall be provided to the court at the time of hearing. Such reports or documentation not filed with the court, which a party intends to present to the court and rely upon at the hearing, must have been served on the other parties with the moving, responding or reply papers in accordance with applicable law and these Local Rules. No reports or documents submitted by a party will be considered by the court unless there is a stipulation or a proper evidentiary foundation is established. 5.5 Pre-Hearing Meet and Confer / Exchange of Documents (Eff. 1/1/03.) (a) Meet and Confer Requirements. Once responsive papers have been filed and served, the moving party or their attorney shall contact the opposing party or attorney in advance of the hearing to meet, confer, and ascertain which issues can be settled without a contested hearing. (b) Exchange of Documents. A party may not wait until the time of the hearing to "surprise" the opposing party with documents or other evidence. Absent good cause shown or an order shortening time, all evidence that any party intends to rely upon at the hearing must be included in the moving, responding and reply papers served and filed pursuant to Code of Civil Procedure § 1005 and rule 5.98 of the California Rules of Court. 5.6 Hearings on Family Law Motions (Eff. 1/1/03; As amended, eff. 1/1/14.) (a) Time Limit. All hearings on the Family Law motion calendar are normally limited to ten (10) minutes or less. The transfer of a hearing from the motion calendar to longer hearing calendar shall be at the sole discretion of the court. (b) Evidence Considered. The parties must be prepared to submit their cases based upon the filed pleadings, declarations, offers of proof and brief testimony of the parties pursuant to Family Code § 217 and rule 5.113 of the California Rules of Court. (c) Offer of Proof. An offer of proof is a succinct statement given by a party or counsel that states what a particular witness would say if called to the stand. Offers of proof are subject to the same evidentiary objections as live testimony and should be distinguished and presented separately from argument. Offers of proof will only be accepted at the court’s discretion and will generally require a preliminary showing of why the testimony could not have been included in the party’s filed declarations. (d) Live Witness Testimony. A party seeking to introduce oral evidence at a hearing of a person other than a party to the litigation must comply with the requirements of Family Code § 217(c) and rule 5.113(e) of the California Rules of Court. Except for good cause shown, such oral evidence will not be heard where the party has not demonstrated compliance with that Rule. 5.7 Orders on Motions and Stipulations (Eff. 1/1/03.) (a) Written and Signed Stipulations. All stipulations recited in open court must thereafter be reduced to writing and signed by the parties or their attorneys if appropriate. (b) Orders after Hearing. The prevailing party is responsible for preparing the order after hearing, submitting it to the other side for review and approval and thereafter forwarding the proposed order to the court for entry. Orders may be submitted directly to the court only when so ordered or upon a reasonable written explanation for the failure to obtain the other party’s prior approval. 5.8 Trial (Eff. 1/1/03; As amended, eff. 1/1/09.) 5.8.1 At-Issue Memorandum Abolished (Eff. 1/1/03; As amended, eff. 1/1/09) No at-issue memorandum shall be filed by the clerk’s office in any family law matter. Case Management Conferences determine when a matter is at-issue and the appropriate advancement of the case. 5.8.2 Mandatory Settlement and Trial Setting Conference (Eff. 1/1/03; As amended, eff. 1/1/14.) Matters proceeding to trial on contested issues will be set for a mandatory settlement and trial setting conference. Parties and trial counsel must participate in the settlement conference and submit to the court and serve the other party with a settlement conference statement five (5) court days prior to the conference pursuant to rule 3.1380 of the California Rules of Court and Local Rule 3.6. Trial on any remaining contested issues will be set at the conclusion of the settlement conference. 5.9 Family Law Caseflow Program (Eff. 7/1/02; As amended, eff. 1/1/14.) (a) Purpose - The goal of Family Law Caseflow Program is to encourage timely and just resolutions in parentage and marital termination actions. Notwithstanding involvement in the caseflow program, any party may file a motion on the Family Law and Motion calendar. Likewise, when appropriate, any party may file an at-issue memorandum requesting the setting of a trial date. The Family Law Caseflow Program calendar is not a Law and Motion calendar. (b) Inclusion Upon Filing - Each dissolution of marriage or domestic partnership, nullity, legal separation, or parentage action filed after the effective date of this rule will be included in the Family Law Caseflow Program with case progress monitored by the court until entry of judgment or dismissal. Upon the filing of a dissolution of marriage, nullity, legal separation or parentage action the court shall provide the petitioner with a Family Law Caseflow Program Notice which shall set the date and time of the Case Status Conference which is held approximately 120 days from the filing of the Petition. It is the responsibility of the petitioner to serve a copy of the Caseflow Program Notice on the respondent along with the Summons and Petition. Proof of service of the Summons and Petition should include proof that the Caseflow Program Notice was served. (c) A Case Status Conference Statement (see Appendix “A” Form A-3) shall be filed and served on all other parties at least five (5) days before each Case Status Conference. A copy of which is available at the court clerk’s window or the court’s web site “www.calaveras.courts.ca.gov” under the Local Rules section. The parties are encouraged to file a jointly prepared Statement. (d) Tentative Ruling: Tentative Rulings are proposed as orders to be issued at the hearing and are posted in advance for the convenience of the parties and their counsel. Any party objecting to the tentative ruling should promptly notify the opposing party of the substance of the objection with sufficient time to allow all parties, or their attorneys of record, to appear in person or by telephone at the scheduled hearing. Absent objection, the Court routinely adopts the tentative ruling as posted. Failures to appear, absent an order to appear, are deemed consent to the tentative ruling. (e) Telephonic Appearance: Counsel or self-represented parties may appear by telephone by making arrangements with CourtCall (888/88-COURT) at least five days prior to the conference. Parties appearing by telephone must comply with Local Rule 3.8. Tentative rulings for upcoming Case Status Conference hearings are available on the court’s website and at the clerk’s filing window. (f) Actions and Orders: At the Case Status Conference, the court will review the progress of the action with the parties and provide direction, refer the parties to available court or community resources, accept stipulations, and take other actions consistent with the goals of prompt and fair resolution. Such actions may include, but are not limited to, the following: (1) Setting the case for mandatory settlement conference and/or trial; (2) Continuing the case for further status conference; (3) Severing or bifurcating causes of actions or issues; (4) Consolidating cases; (5) Setting discovery or law and motion schedules; (6) Setting for special settlement conference; (7) Referring the parties to family law resources; (8) Directing counsel or parties to engage in and report back on meet and confer discussions: (9) Referring the matter to community property arbitration pursuant to Family Code § 2554 or mandatory mediation with the Family Law Facilitator pursuant to Family Code §10005; and/or (10) Entering judgment of paternity pursuant to Family Code §7573(d). 5.10 Appointment of Counsel Pursuant to Family Code §3150 (Eff. 7/1/98; As amended, eff. 1/1/04.) (1) Rights: Counsel appointed for a minor pursuant to Family Code §3150 shall not be charged any court filing fee for motions made and shall have access to the following: (1) Reasonable access to the child/children with adequate notice and access to any adult claiming any rights to custody and/or visitation; (2) Notice of any proceeding, including any requested examinations, affecting the child/children; (3) Access to medical, psychological and school records for the child/children; (4) Access to all records and reports of mediators and/or evaluators and the right to communicate directly with evaluators; (5) Communication with any professional dealing with the child/children, including, without limitation, teachers and other school personnel, doctors and therapists; (6) The right to speak ex parte to the court after prior notice to counsel for the parties; (7) Assertion on behalf of the child/children of any privilege for discovery purposes; (8) The right to seek independent psychological or physical examination or evaluation of the child/children for purposes of the pending proceeding, upon application to the court; and (9) The parties shall provide the attorney for the child/children with information relative to the name, address and telephone numbers for all individuals involved with the treatment, care, daycare and education of the child/children. (2) Duties: Pursuant to Family Code §3151, counsel for a minor is charged with the following duties: (1) Interview the child/children; (2) Review the court files and all accessible relevant records available to the parties or agencies affecting the child/children; (3) Make such investigation as counsel deems necessary to ascertain facts relevant to the custody/visitation hearings; (4) Participate in the proceedings to the degree necessary to represent properly the child/children, including introducing and examining counsel’s own witnesses, and presenting arguments to the court concerning the child’s/children’s welfare; (5) Report to the court concerning the issue of custody and visitation; and (6) Inform the court of the child’s/children’s wishes and the child’s/children’s interests. Attorney/client confidentiality may be waived to the extent that counsel and/or the court deems necessary to perform said duties. (3) Complaints: Procedures for reviewing and resolving complaints against counsel for the minor(s). Complaints by parties regarding court appointed counsel for the minor shall be reviewed and resolved under the procedures described in Local Rule 5.50(f). 5.11 Child Custody Mediation (Eff. 1/1/03; As amended, eff. 1/1/14.) (a) Mandatory Pre-Hearing Mediation Program: Pursuant to Family Code § 3170, when any noticed request for order, motion or order to show cause (hereinafter “motion”) is filed placing child custody and/or visitation at issue, the parties are required to participate in the child custody mediation program prior to the court hearing. Upon the filing of a child custody and/or visitation motion the court will set a mediation appointment and notice thereof will be sent to the parties or their attorneys of record. The moving party must provide the court with current mailing address for the other party or their attorney of record, alternatively the moving party may elect to follow Family Code § 3176 or apply for a waiver thereof. The moving party on the child custody and/or visitation motion must timely serve the responding party with the court issued “Mediation Referral and Information Packet” at least five (5) days prior to the mediation session and thereafter the moving party must file proof of service of the Mediation Referral and Information Packet with the court prior to the motion hearing date. Failure of the moving party to timely serve the appropriate “Mediation Referral and Information Packet” and file proof of service of said packet may result in court sanctions including delay or denial of the child custody and/or visitation motion. (b) Pre-Mediation Orientation: Pursuant to Rule 5.210(e)(2), prior to attending mediation, parents are generally required to participate in a mediation orientation session provided by Family Court Services. The orientation session is available on the internet or parties may request to attend an in-person orientation session at the court. If a party has requested to attend an in-person orientation session but wishes separate attendance at orientation, that party should inform Family Court Services to make arrangements accordingly. Sanctions, including summary denial of the motion, evidentiary sanctions, continuances and/or monetary payments may be ordered against a party or the party’s attorney for noncompliance with the requirement to attend orientation. (c) Mediation: The moving and responding parties on a child custody or visitation motion shall attend and participate in mediation to attempt to reach agreement on all contested issues. The agreement(s) reached in mediation will not become court orders until the agreement(s) are affirmed by the parties, or their attorneys, in open court session or by written stipulation. Where the moving party does not cooperate in attending mediation, the court will generally deny that party’s motion unless good cause is shown for the failure to participate. (d) Complaints: If a party alleges that the mediator has acted in an unprofessional or inappropriate manner, the party may discuss the complaint with the mediator, otherwise, or thereafter if the matter is not solved, all complaints shall be directed in writing, on the court approved form available at the filing window, to the Family Court Services Director or Court Executive Officer if the Family Court Services Director conducted the mediation. The Family Court Services Director or Court Executive Officer shall review the complaint, conduct any necessary investigation, take any appropriate action and provide a written reply to the complainant. 5.12 Child Custody Evaluations. (Eff. 7/1/01; As amended, eff. 1/1/04.) (a) Appointment: All child custody and visitation evaluations must be authorized by court order pursuant to Evidence Code § 730 and Family Code § 3111. Generally, the court will refuse to consider evaluations which have not been approved and ordered by the court. (b) Selection: The court will appoint an evaluator from a list of experts submitted by the parties and approved by the court. (c) Withdrawal: The court appointed evaluator may petition the court to withdraw as the evaluator in the matter before the court. Upon receipt of an evaluator’s petition to withdraw, the court will set a hearing. (d) Scope: In the interest of saving time and the expense to the parties, the evaluation may be limited in scope to the questions that the court requires answered. (e) Objections: No preemptory challenge of evaluators shall be allowed. Parties may raise objections to a specific evaluator during the selection process. Parties may object to the conclusions of the report when the report is submitted to the court and may introduce other appropriate expert testimony to object to the conclusions. (f) Complaints: If a party alleges that the evaluator has acted in an unprofessional or inappropriate manner, the party may discuss the complaint with the evaluator, otherwise, or thereafter if the matter is not solved, all complaints shall be directed in writing, on the court approved form, to the Family Court Services Director. The Family Court Services Director shall review the complaint, conduct any necessary investigation, take any appropriate action and provide a written reply to the complainant. (g) Costs: The court will order payment of the evaluation at the time of the appointment. In most cases the parties will share equally in the costs of the evaluation and the drafting of the report. Payment of the expert to appear at a hearing and/or testify shall be at the sole expense of the party requiring the expert’s presence before the court. The parties may seek an order allocating the costs of the evaluation in a manner other than an equal division at the time of selection of the evaluator. 5.13 Family Law Facilitator (Eff. 1/1/02; As amended, eff. 1/1/06.) The Office of the Family Law Facilitator is available to assist parents and other parties who have questions about family law issues regarding child support, spousal support, health insurance and the availability of other family law resources. If you have a complaint regarding the Office of the Family Law Facilitator, you may forward your complaint to the Court Executive Officer for review, investigation and determination. There is a complaint form available at the Court’s filing window. In addition to the duties specified in Family Code § 10004, the Family Law Facilitator may be assigned or undertake those additional duties specified in Family Code § 10005(a) and (b). 5.14 Dismissal of Domestic Violence Orders or Actions (Eff. 7/1/10.) (a) All requests for dismissal of an active domestic violence restraining order or any action in which such an order has been issued are subject to judicial review prior to dismissal. Requests to dismiss domestic violence restraining orders or any action in which such orders have been issued must be accompanied by a declaration demonstrating good cause in support of the requested dismissal. The parties’ agreement to dismissal without a declaration is insufficient. Upon receipt of the declaration and request for dismissal, the clerk must forward the documents to the assigned judicial officer for consideration and determination. The matter will either be dismissed or set for hearing as appropriate. If the matter is set for hearing, the clerk must give notice to all parties, or their attorney(s) of record, that have appeared in the action. 5.15 Remote Appearances for Child Support (Eff. 7/1/24.) (a) The Court hereby adopts the applicable procedures outlined in rules 5.324, 3.670 and 3.672 of the California Rules of Court. With the exception that 5.324(f) does not apply. (b) Parties must complete and file with the Court Judicial Council Forms Notice of Remote Appearance (Form #RA-010) and Order Regarding Remote Appearance (Form RA-020) at least five (5) days prior to their court date. This replaces (e)(2) and (e)(3) of rule 5.324. (c) The parties must provide notice to the other parties of their intent to appear remotely within one (1) court day before the hearing using the procedure most likely to provide the earliest possible notice, including, but not limited to, personal delivery or electronic transmission, or email. (d) The vendor is the Calaveras County Superior Court per Rule 3.670(n). 5.16 Domestic Violence Restraining Order, Remote Appearance Rules (Eff 1/1/2024) (a) A party who intends to appear remotely at a short cause Domestic Violence hearing must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least five (5) court days prior to the hearing. Notice to the court must be given by filing the mandatory Judicial Council form Notice of Remote Appearance (Form RA-010) and a proposed order. Notice to the other parties and persons entitled to receive notice of the proceedings may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least ten court days prior to the hearing. (b) If a non-moving party intends to appear remotely, the non-moving party also must provide notice by filing Judicial Council form Notice of Remote Appearance (Form RA-010) by 3:00 p.m. at least two (2) court days prior to the hearing. (c) All confidentiality requirements, whether statutory, constitutional, or derived from case law, applicable to proceedings held in person, apply equally to remote proceedings. (d) Parties and witnesses are advised that the use of remote technology may result in technological or audibility issues that could require a delay or halt to the proceedings. No party or witness in any action is required to appear remotely. Any party who appears remotely without objection, including self-represented parties, shall be deemed to have agreed to do so. (e) Remote appearances for evidentiary hearings will be allowed only in the most extraordinary circumstances. Any such request will be balanced against constitutional provisions of due process. (f) All online filings will be completed on forms mandated by the California Judicial Council or specially approved local forms by the Calaveras County Superior Court. (g) Calaveras County Superior Court Website “Services” provides assistance for E-Filers under the tab “Restraining Orders: Domestic Violence, Gun Violence, and Other Types of Court Orders” (https://www.calaveras.courts.ca.gov/divisions/civil-division/restraining-orders) all persons filing on eFile internet portal are required to comply with the requirements listed “eFiling Information” (https://www.calaveras.courts.ca.gov/online-services/efiling-information).
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.