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Title Five, Division 1, Chapter 1 (Rules 5.0 to 5.21): application of rules and definitions (Rule 5.0); assignment of departments and matters (Rule 5.1); temporary restraining orders and ex parte orders (Rule 5.2); orders shortening time (Rule 5.3); hearings (Rule 5.4); procedures to complete dissolution or legal separation (Rule 5.5); the case management conference / Family Centered Case Resolution Conference (Rule 5.6); the mandatory settlement conference (Rule 5.7); the recommendation conference (Rule 5.8); trials (Rule 5.9); preparation and presentation of orders (Rule 5.10); judgments (Rule 5.11); appointment of elisor (Rule 5.12); confidentiality (Rule 5.13); the Family Law Facilitator (Rule 5.14); temporary spousal or partner support (Rule 5.15); presence of children in the courtroom (Rule 5.16); Family Court Services appointments - orientation, mediation, information gathering and child custody recommending counseling (Rule 5.17); child custody evaluations (Rule 5.18); court communication for domestic violence and child custody orders (Rule 5.19); dismissal for failure to prosecute (Rule 5.20); and the requirement for a current mailing address (Rule 5.21).
California > First Appellate District > Contra Costa County > Superior Court of California, County of Contra Costa
Title Five. Family and Juvenile Rules Division 1. Family Law Matters Chapter 1. Family Law Department Rule 5.0. Application of Rules and Definitions (a) Application of Rules These rules apply in all departments of the Contra Costa Superior Court hearing family law matters (Family Law Division). They shall be read and applied in conjunction with the applicable law, including federal and state statutes and the California Rules of Court. (b) Definitions (1) California Rules of Court may be referred to as “CRC’s.” (2) Local Rules shall be referred to as “Local Rule.” (3) Department of Child Support Services shall be referred to as “DCSS.” (4) Family Court Services shall be referred to as “FCS.” (5) Income and Expense Declaration (Judicial Council Form FL-150) may be referred to as “I&E.” (c) Self-represented litigants Attorneys and self-represented litigants (also known as pro per litigants) shall comply with all applicable statutes in addition to these local family law rules and the California Rules of Court. Self-represented litigants shall be treated in the same manner as if represented by counsel and shall be held to the same standards. All references to counsel in these rules apply equally to self-represented litigants. (Rule 5.0 revised effective 1/1/23) Rule 5.1. Assignment of Departments and Matters (a) Matters Assigned to Family Law Division The following matters shall be heard in the Family Law Division: (1) Unless otherwise assigned by the Presiding Judge, all matters filed under the Family Code except those actions filed under: i. Family Code Division 11; ii. Family Code Division 12, Parts 4, 5, and 6; and iii. Family Code Division 13. (2) All other matters assigned by the Presiding Judge. (3) All other matters which are properly brought before a Family Law bench officer pursuant to an order of the Court. (Rule 5.1(a) revised effective 1/1/23) (b) Assignment of departments (1) The Court designates four or more full-time departments and additional part-time departments (as resources allow) to serve as the Family Law Division of the Court. The Presiding Judge shall assign judicial officers to the Family Law Division and designate one of the judicial officers as the Supervising Judge of the division. (2) One of the designated departments will operate under the authority of AB 1058 (Stat. 1996, ch. 957). This department will hear all issues described in Family Code Section 17400, whether or not the action was initially filed by the Department of Child Support Services (DCSS). Absent stipulation or other court order providing that this department will also hear any other issues arising in such case (whether or not filed by DCSS), such other issues shall be heard in the department to which such action would be assigned if DCSS were not involved in the case. (3) The remaining departments will hear all matters filed pursuant to the California Family Code under a direct calendar system. Cases will be assigned to departments, utilizing a plan of assignment which the Supervising Judge of the Family Law Division devises from time to time. These case assignments are deemed “all-purpose” assignments under Code of Civil Procedure Section 170.6(a)(2). All matters shall be initially calendared in the appropriate department based on the “all purpose” assignment. Except in the case of a matter that has shortened time, the initial hearing date shall be assigned by the Clerk’s Office at the time the matter is filed. (4) When there is more than one case filed with respect to a given family, the bench officer hearing a matter in one of those cases may order the cases consolidated or coordinated. (5) Applications for Temporary Restraining Orders and for Restraining Orders After Hearing filed pursuant to the Domestic Violence Prevention Act (Family Code Division 10) may be heard in departments located in designated branch courts. Applications for Temporary Restraining Orders and for Restraining Orders After Hearing shall be filed as set forth in Local Rule 5.2. (6) All “Custody Order-Juvenile-Final Judgment-Visitation Order-Juvenile” (Judicial Council Form JV-200/JV-205) containing custody and visitation orders, shall be filed in existing family law cases or, if no case exists, a new file will be opened. If a new file is opened and either parent files a Request for Order to modify custody or visitation, the initial moving party shall be designated the Petitioner and the responding party shall be designated the Respondent. If the “Custody Order-Juvenile-Final Judgment/Visitation Order-Juvenile” of the Juvenile Court contains an order described in Local Rule 5.65(c), then any Request for Order to modify custody or visitation filed within one year of the Juvenile Court’s “Custody Order-Juvenile-Final Judgment/Visitation Order-Juvenile” shall be heard as provided in Local Rule 5.65(c). (Rule 5.1(b) revised effective 1/1/23) (c) Collaborative law (1) Collaborative Law Defined (A) The Court recognizes the unique nature of family law disputes and the fact that family law issues are best resolved by the parties reaching an agreement or agreements over critical matters including child custody, support and property, without engaging in the traditional adversarial litigation process. The Contra Costa County Superior Court strongly supports the use of the collaborative law process as well as other alternate dispute resolution tools for the purpose of developing both short-term and long-term agreements that meet the best interests of the entire family, particularly the children. (2) Standards of Collaborative Law Cases (A) No case will be entitled to a designation as a “collaborative law” case unless the parties have signed and filed a collaborative law stipulation. (B) When a case is designated as a “collaborative law” case, the Court shall vacate all matters previously set on the Court’s calendar and shall set the matter for a Case Management Conference no later than one year from the date of the designation. (C) The term “Collaborative Law Case” is to be included in the caption of any document filed with the Court from and after the filing of the collaborative law stipulation and order. (D) As to any case designated as a collaborative law case: (i) The Court will consider collaborative law counsel to be advisory and not attorneys of record. (ii) The Court will not impose discovery deadlines or enter scheduling orders. (E) The designation of a case as a collaborative law case is voluntary and requires the agreement of all parties. The collaborative law case designation will be removed by stipulation or upon the filing and service of a termination election as provided in the collaborative law stipulation and order. The filing by any party of a Request for Case Management, Request for Order, or other pleading requiring judicial adjudication shall automatically terminate the collaborative law case designation and a Case Management Conference will be set. (Rule 5.1(c)(2)(E) revised effective 1/1/17) (F) Collaborative law cases are governed by the Family Code, the California Rules of Court and other applicable California law. (d) Privately Compensated Temporary Judges (1) Appointment. A “temporary judge” is an attorney appointed by the court upon stipulation of the parties to decide the case under Article IV, Section 21 of the California Constitution and in accordance with the California Rules of Court, rules 2.400 and 2.830 through 2.835. Parties must submit the stipulation and proposed order for appointment of a privately compensated temporary judge to the court. (2) Filing of Papers and Orders/Scheduling of Proceedings. A party must file all original papers with the Clerk of the Court and all applicable fees must be paid within the same time and in the same manner as would be required if the court were trying the case. The party must provide a copy of all filed documents to the temporary judge. The scheduling of hearings before the temporary judge shall be arranged by the parties directly with the temporary judge. Signed orders of the temporary judge shall be filed with the court. (3) Termination of Appointment. The temporary judge shall remain appointed until final determination of the case unless otherwise ordered by the court. Upon completion of the appointment, the temporary judge shall sign and submit a Notice of Termination of Privately Compensated Temporary Judge Appointment with the court. (Rule 5.1(d) new effective 7/1/25) (Rule 5.1 revised effective 7/1/25) Rule 5.2. Obtaining Temporary Restraining Orders /Ex Parte Orders (a) Application Requests for Temporary Restraining Orders, Ex Parte Orders, and Emergency Orders shall be presented to the Family Law Legal Technician’s Unit. The Legal Technician’s Unit will assign the matter based on a plan of assignment as determined by the Supervising Judge of the Family Law Division. With the exception of applications for restraining orders filed under the Domestic Violence Prevention Act (DVPA), all applications must be submitted with the appropriate fee or fee waiver, and the original and two (2) copies of the application. The Court will file all applications submitted (including applications pertaining to domestic violence) whether or not temporary orders are issued. Applications for a Domestic Violence Restraining Order and Responses to an Application for a Domestic Violence Restraining Order may be submitted either in person, by drop box, by mail, or through the court’s e-file portal. Refer to the Court’s Restraining Order webpage [https://www.cc-courts.org/restraining-orders/restraining-orders.aspx] for more information. (Rule 5.2(a) revised effective 7/1/25) (b) Notice Except as provided in Family Code Section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great or irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law. (Rule 5.2(b) revised effective 1/1/18) (c) Requirements Applications for ex parte orders shall comply with California Rules of Court (Family Law Rules). (Rule 5.2(c) revised effective 1/1/23) (d) Minor applicants If the applicant for Temporary Restraining Orders is a minor under 12 years of age, an application for appointment of Guardian Ad Litem and order appointing a Guardian Ad Litem shall accompany the application. (Rule 5.2(d) revised effective 1/1/14) (Rule 5.2 revised effective 7/1/25) Rule 5.3. Orders Shortening Time (OST) All applications for Orders Shortening Time (OST) for service or for hearing shall be presented as ex parte applications to the Family Law Legal Technician’s Unit. The Legal Technician’s Unit will assign the matter based on a plan of assignment as determined by the Supervising Judge of the Family Law Division. All ex parte applications for an OST shall be submitted in compliance with the application and notice requirements for ex parte applications as set forth in Local Court Rule 5.2. Before submitting an application for an OST, the applicant shall contact the opposing counsel or party and request a list of dates counsel or party is unavailable and include that information with the applicant’s own unavailability on the declaration of notice. (Rule 5.3 revised effective 1/1/18) Rule 5.4. Hearings (a) Duty to meet and confer Except in cases involving domestic violence, and consistent with the California Rules of Court, BEFORE the date of the hearing relating to a Request for Order (Judicial Council Form FL-300), parties shall meet to discuss all issues raised and make a good faith attempt to settle all issues and exchange all relevant documents and information that will be presented at the hearing. (Rule 5.4(a) revised effective 1/1/18) (b) Initial hearing When an initial hearing is set pursuant to a Request for Order or other pleading seeking relief, the initial hearing shall be set on the assigned judicial officer’s short cause calendar. The clerk shall provide the date and time for all initial hearings. All matters set on a short cause calendar are limited to 20 minutes of hearing time. (Rule 5.4(b) revised effective 1/1/17) (c) Transfer of a matter in which a hearing will exceed 20 minutes If, at any time after a Request for Order is filed, the Court determines that the hearing in the matter will exceed 20 minutes in length, the matter may be continued to another court date that is designed to accommodate long-cause hearings, trials and settlement conferences. (Rule 5.4(c) revised effective 1/1/18) (d) Substitution of Counsel Counsel shall not appear on behalf of a party unless counsel has filed a Substitution of Attorney (Form MC-050) or a Notice of Limited Scope Representation (Form FL-950) before the hearing. (Rule 5.4(d) revised effective 1/1/23) (e) Continuances (1) All requests for continuances shall be in writing, except as may be authorized by the bench officer hearing the case. (2) Each written request for a continuance shall be accompanied by payment of the applicable fee or a fee waiver. (Rule 5.4(e)(2) renumbered effective 1/1/18) (3) A request for a continuance shall be made by ex parte application, written agreement or by stipulation and shall not be granted unless specifically authorized by the judicial officer to whom the case is assigned or (in that bench officer’s absence) by the Supervising Judge. Any such stipulation or written agreement shall be signed by counsel for both sides or, if either side is unrepresented, by that party. Any request, written agreement or stipulation to continue shall contain facts showing good cause for the continuance. (Rule 5.4(e)(3) revised and renumbered effective 1/1/18) (f) Pleadings (1) Unless the Court has granted prior leave for a different form or page limit, all pleadings in family law matters shall be in the form, and comply with the page limits, prescribed in the California Rules of Court and these Local Rules. Any optional Memorandum of Points and Authorities shall not exceed 15 pages. The Court may refuse to consider any pleading that does not comply with the form and page limits. Requests to extend the length of a declaration may be submitted in advance by ex parte application. Local form FamLaw-131 may be used for such requests.” (Rule 5.4(f)(1) revised effective 1/1/26) (2) A fully completed, current Income and Expense Declaration (I&E) (or Simplified Financial Statement, when appropriate) shall be filed and served with moving and responsive papers in all hearings involving requests for support, attorney’s fees, costs, or other financial relief, unless the party has filed an I&E within 90 calendar days of the date of the hearing and there have been no significant changes in the party’s income, assets or expenses. (Rule 5.4(f)(2) revised effective 1/1/23) (3) On a Request for Order to modify a prior order, the moving party shall attach a copy of the prior order to the moving papers. (Rule 5.4(f)(3) renumbered effective 1/1/18) (4) Unless the Court has granted prior leave for different service time or method, all moving and responsive pleadings shall be timely filed and served in compliance with the provisions of Code of Civil Procedure section 1005 or any other applicable provision of law. The Court may not consider any moving or responsive pleading that was not timely filed and served. (Rule 5.4(f)(4) renumbered and revised effective 1/1/18) (5) Pursuant to Family Code section 217, a party seeking to present live testimony from all witnesses other than the parties shall file and serve all parties with their witness list with a brief description of the anticipated testimony. This list shall be filed and served no less than 14 calendar days before hearing. (Rule 5.4(f)(5) revised effective 1/1/23) (6) Evidentiary attachments submitted in support of a Request for Order or in response to a Request for Order shall not exceed 10 pages in length without prior leave of Court. The 10-page limit shall not include declarations under CRC 5.111 (a) or prior orders as required by Local Rule 5.4 (f) (3), or as necessary to support orders to show cause for contempt or applications for wage assignments or to determine arrears. Any request for leave to exceed this page limit shall state reasons why the additional attachments are relevant and necessary and may be submitted in advance by ex parte declaration. Local Form FamLaw-131 may be used for such requests. (Rule 5.4(f)(6) revised effective 1/1/26) (7) Whether filed electronically or otherwise, it is the responsibility of the filing party to identify any documents that are considered confidential. Confidential records, including but not limited to medical, psychological, or educational reports concerning a minor child, or reports from Children and Family Services or Family Court Services, must be marked confidential when submitting for filing. (Rule 5.4(f)(7) revised effective 7/1/23) (g) Motions to be relieved as counsel Motions to be relieved as counsel shall be made in conformity with California Rules of Court, Rule 3.1362 using Judicial Council Forms MC-051, MC-052 and MC-053. (Rule 5.4(g) renumbered and revised effective 1/1/18) (h) Interpreter services The Court provides interpreters to help non-English speaking parties in family law court proceedings. The Court’s website explains the procedures for requesting a Court Interpreter at www.cc-courts.org/interpreter and parties may also seek assistance from a Clerk of the Court. A hearing may be delayed or continued to a different date if an interpreter was not requested sufficiently in advance of the hearing and/or no interpreter is available at the time of the hearing. (Rule 5.4(h) renumbered and revised effective 1/1/18) (i) Double Pro Per Hearing Days Each department in the Family Law Division, with the exception of the department designated as the “AB 1058” Department, shall be assigned a “Double Pro Per” short-cause calendar to occur on the same morning each week. Hearings on a Double Pro Per day are reserved for matters where both parties are self-represented. The Court shall post each department’s designated Double Pro Per day on the court’s website and shall notify the Family Law Section of the Contra Costa County Bar Association of each department’s Double Pro Per day no less than once per year. Except for requests for Domestic Violence Restraining Orders and Orders Shortening Time, hearings where one or both parties are represented by counsel shall not be heard on a department’s Double Pro Per day, but shall be continued to the next available non-Double Pro Per calendar date. If counsel enters a case after a hearing is set on a Double Pro Per day or otherwise finds their matter is set on Double Pro Per day, counsel shall contact the department clerk to obtain a continuance before the scheduled hearing date. There will be no fee charged to continue a hearing from a Double Pro Per day to a non-Double Pro Per day. (Rule 5.4(i) new effective 1/1/19) (j) Assignment of Hearing Dates With the exception of motions brought pursuant to Code of Civil Procedure section 128.7, all other motion hearing dates will be assigned by the Clerk’s Office at the time the motion is filed unless otherwise ordered by the Court. Dates cannot be reserved or given over the telephone. (Rule 5.4(j) new effective 1/1/19) (k) Review Hearings If any party wishes to update the Court for a review hearing, any such update shall be filed and served at least 2 weeks prior to the review hearing unless the Court specifies a different deadline. Any update shall not to exceed five pages in length. If financial matters are at issue and there have been any significant changes since the last I&E was filed, or if more than 3 months will have passed between the filing of the last I&E and the review hearing date, each party shall file and serve an updated I&E and include the required attachments that demonstrate the party’s income. (Rule 5.4(k) new effective 1/1/23) (l) Proof of Service Unless the Court has granted an order shortening time, proof of service of the moving papers shall be filed no later than 5 court days before the hearing. (CRC 5.94 (b).) If a responding party fails to appear at a hearing and the moving party has not filed proof of timely service, the matter will be taken off calendar or continued to another date to allow for timely service or filing of the proof of service. If a hearing is continued, the moving party shall file proof of timely service of both the moving papers and notice of the continued hearing date. (Rule 5.4(l) new effective 1/1/23) (m) Removing Matter from Calendar Any stipulation to vacate or continue a hearing shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 3 days before the hearing. (Rule 5.4(m) new effective 1/1/23) (Rule 5.4 revised effective 1/1/23) Rule 5.5. Procedures to Complete Dissolution/Legal Separation (a) Default or uncontested proceeding Parties shall follow the checklist set forth by the Judicial Council in the Judgment Checklist – Dissolution/Legal Separation (Judicial Council Form FL-182) to complete the steps and pleadings necessary to submit a judgment. (Rule 5.5(a) revised effective 1/1/18) (b) Contested proceeding After a response has been filed and both parties have served their Preliminary Declarations of Disclosure and filed a Declaration re: Service of Declaration of Disclosure (Judicial Council Form FL-141), either party may file and serve a Request for Case Management Conference (Local Court Form FamLaw-112) with the Court to set the matter for a Case Management Conference. The Request for Case Management Conference will not be accepted for filing until all parties have served their Preliminary Declarations of Disclosure and filed Declaration re: Service of Declaration of Disclosure, or obtained a court order waiving this requirement per Family Code Section 2107. The Court may also set a Case Management Conference at its own discretion. (Rule 5.5(b) revised effective 1/1/18) (c) Self-represented parties Self-represented parties who need assistance in determining the next steps in their cases, including getting custody orders, support orders, finishing their divorce or other some other action, may speak with the Family Law Facilitator’s Office during self-help desk or drop-in hours. Refer to the Family Law Facilitator’s webpage [https://www.cc-courts.org/family/flf.aspx] for more information and to access LiveChat. (Rule 5.5(c) revised effective 1/1/23) (Rule 5.5 revised effective 1/1/18) Rule 5.6. Case Management Conference / Family Centered Case Resolution Conference (FCCRC) (a) Case Management Conference statement No less than 7 calendar days before the date set for the Case Management Conference (CMC) each party shall file and serve a Case Management Conference Statement (Local Court Form FamLaw-113). (Rule 5.6(a) revised effective 1/1/23) (b) Attendance at conference Parties shall be present at the Case Management Conference or Family Centered Case Resolution Conference (FCCRC) unless represented by counsel, in which case, counsel shall appear. Appearance may be in person or remote if timely arranged. The parties or the attorneys shall be fully prepared to discuss identification of disputed issues, the timetable for disposition of the case by settlement or trial, and be sufficiently familiar with the facts of the case so that the Court may make necessary orders. (Rule 5.6(b) revised effective 1/1/23) (c) Orders at Case Management Conference/FCCRC The parties shall address, if applicable, and the Court may take appropriate action with respect to the following: (1) Whether any matters (e.g., the bankruptcy of a party, pending criminal matters impacting issues in the case, a pending juvenile action concerning a child, or custody orders from another jurisdiction) affect the Court’s jurisdiction or processing of the case. (2) Whether discovery has been completed and, if not, the date by which it will be completed. (3) What discovery issues are anticipated. (4) Whether an issue in the case should be bifurcated or a hearing should be set for a motion to bifurcate. (5) A date or dates by which Final Declarations of Disclosure are to be exchanged and the Declaration of Service of Declaration of Disclosure and Income and Expense Declarations filed. (6) Whether to refer the parties to Family Court Services (FCS) in cases in which custody or visitation (or both) is at issue and no evaluation or private mediation is pending. (7) The need for selection and compensation of joint experts by stipulation or motion. (8) The need for selection and compensation of a Special Master by stipulation or appointment pursuant to Code of Civil Procedure Sections 638 and 639. (9) The need for an order for attorney fees and costs by stipulation or motion. (10) A date for Mandatory Settlement Conference (MSC). (11) Whether to set a Recommendation Conference in cases involving child custody and visitation in cases that have a child custody evaluation pending. (12) If a trial date has not been previously set, the date by which the case will be ready for trial. Each side shall have available at the conference all necessary information as to unavailable dates as to the parties, their attorneys, and any retained experts. (13) The estimated length of trial. (14) Setting a trial date. (15) Any other matters that should be considered by the Court or addressed in its case management order. (16) Whether to set a further Case Management Conference. (17) Whether to tailor or modify the requirements of Local Rule 5.7(b) as it relates to the case. (18) The stipulation of the parties and consent of the Court to place the matter in further case management pursuant to Family Code sections 2450 and 2451. (Rule 5.6(c) revised effective 1/1/18) (Rule 5.6 revised effective 1/1/18) Rule 5.7. Mandatory Settlement Conference (a) Calendaring and attendance The Court may require the parties to participate in a Mandatory Settlement Conference before a long-cause matter or trial is set or heard. Absent a written court order allowing a party to appear remotely, both parties and their counsel of record shall personally attend the Mandatory Settlement Conference. Failure to comply may result in monetary sanctions, issues sanctions, or both. A Mandatory Settlement Conference may be continued by the Court for good cause, either on its own motion, upon a timely, properly noticed motion, or upon a stipulated request. (Rule 5.7(a) revised effective 1/1/23) (b) Mandatory Settlement Conference requirements Unless excused by the trial court, parties ordered to a Mandatory Settlement Conference with the Court shall comply with the following requirements. Self-represented parties who participate in the Volunteer Mediator Settlement Program are not required to comply with these requirements. (1) At least 14 calendar days before the Mandatory Settlement Conference, the parties shall: (A) Exchange written offers of settlement in sufficient specificity to be enforceable that, if accepted, would resolve all issues remaining in dispute. Each party shall bring a copy of that party's written proposal to the settlement conference. (Rule 5.7(b)(2)(A) revised effective 1/1/23) (B) Exchange Final Declarations of Disclosure (if not already done). (2) At least 7 calendar days before the Mandatory Settlement conference, the parties shall: (A) File with the Court a Declaration re: Service of Final Declarations of Disclosure, or alternatively, file a stipulation to waive service of final declarations of disclosure. (Rule 5.7(b)(2)(A) revised effective 1/1/16) (B) If support or attorney’s fees and costs or other financial relief is at issue, the parties shall exchange and file updated I&Es, unless the party has filed an I&E within 90 calendar days of the date of the hearing and there have been no significant changes in the party's income, assets or expenses. (Rule 5.7(b)(2)(B) revised effective 1/1/23) (C) File a Joint Statement of Contested Issues describing all issues that remain in dispute. That statement shall include, where it is an issue, the parties’ respective proposals for the division of property and debts. If late or missing payments are claimed, a calculation spreadsheet shall also be attached. If the parties are unable to agree upon a Joint Statement of Contested Issues, then each party shall file and serve a Separate Statement of Contested Issue which includes all of the information required for a Joint Statement of Contested Issues. (Rule 5.7(b)(2)(C) revised effective 1/1/18) (D) File a Mandatory Settlement Conference Statement or other such filings as may be required by the Court. (Rule 5.7(b)(2)(D) revised effective 1/1/15) (3) At least 5 calendar days before the date of the settlement conference, the parties and, if they are represented, their counsel, shall meet and confer either in person, by telephone or as ordered by the Court to attempt in good faith to resolve all issues. If a restraining order prohibits face-to-face contact between parties, the parties are not required to meet and confer. If one party is represented by counsel in a case involving a restraining or protective order that prohibits contact between the parties, then the attorney and the self-represented party shall comply with this requirement. Rule 5.7(b)(3) new effective 1/1/23) (4) If both parties fail to comply with this Order, then the Court may vacate any pending trial date. If only one party fails to comply and the other does, the Court may impose sanctions at the Mandatory Settlement Conference, including but not limited to issue sanctions and monetary sanctions. (Rule 5.7(b)(4) renumbered and revised effective 1/1/18) (c) Trial judge as settlement judge and Volunteer Mediator Settlement Program (1) The Mandatory Settlement Conference may be conducted by the bench officer assigned to the matter, unless it is otherwise ordered. If any party objects to the assigned judge presiding over the settlement conference, the party shall file a written objection at least 30 calendar days before the Mandatory Settlement Conference so the Court can arrange for a different bench officer to handle the settlement conference or reschedule the settlement conference for a day when a different bench officer is available. (Rule 5.7(c)(1) renumbered and revised effective 1/1/23) (2) In cases where both parties are self-represented, the Court may suggest that the parties participate in the Volunteer Mediator Settlement Program. In that program, the settlement mediation is conducted by a neutral attorney who volunteers his/her time to assist the Court in conducting settlement conferences between self-represented litigants. (Rule 5.7(c)(2) revised effective 1/1/23) (d) Settlements Any agreement reached in an MSC shall be reduced to writing, signed by the parties, and submitted to the Court within 10 days of the MSC. (Rule 5.7 revised effective 1/1/23) Rule 5.8. Recommendation Conference (a) Purpose and attendance The purpose of the Recommendation Conference is to receive the report of a custody evaluator and attempt to resolve custody and visitation issues without trial. Absent a written court order allowing a party to appear remotely, both parties and their counsel of record shall personally attend the Recommendation Conference and be prepared to discuss the recommendations of the Evaluator. Failure to comply may result in monetary sanctions, issues sanctions, or both. If the parties are unable to resolve custody and visitation issues without trial, the Court may, at the Recommendation Conference, make interim orders pending trial. (Rule 5.8(a) revised effective 1/1/18) (b) Timing Recommendation Conferences are set based on the expectation that the evaluation will be prepared and submitted to the parties and counsel at least 10 calendar days before the Recommendation Conference. Should the Evaluator determine that it will not be possible to prepare the evaluation report by that time, said Evaluator shall forthwith notify both counsel, or party (if self-represented) and provide to counsel or the self-represented party a date by which the Evaluator expects the report will be done. Counsel or the self-represented party shall notify the Court promptly, either in writing or by telephone conference call. Based on the Evaluator’s notice of inability to complete the report timely, the Court may re-set the date of the Recommendation Conference. (Rule 5.8(b) revised effective 1/1/23) (Rule 5.8 revised effective 1/1/23) Rule 5.9. Trials (a) Long cause matters These rules apply to any trial set on the long cause trial calendar and, as determined by the Court, to any long cause hearings. (Rule 5.9(a) revised effective 1/1/13) (b) Trial setting (1) Matters may be set for trial at a Case Management Conference/Family-Centered Case Resolution Conference, at a hearing on a Request for Order, at a Settlement Conference, or at a Recommendation Conference. (Rule 5.9(b)(1) revised effective 1/1/18) (2) If no hearings are scheduled, a party may initiate the trial setting process by filing a Request for Case Management Conference (Local Court Form FamLaw-112). The Request for Case Management Conference may only be filed after a response has been filed, and will not be accepted for filing until all parties have served their Preliminary Declarations of Disclosure and filed the Declaration Re Service of Declaration of Disclosure, or obtained a court order waiving this requirement per Family Code Section 2107. The filing of the Request for Case Management Conference will result in the setting of a Case Management Conference/Family-Centered Case Resolution Conference. (Rule 5.9(b)(2) revised effective 1/1/17) (c) Continuances Trials may only be continued by the bench officer who will try the case. Any motion for a continuance shall be made in a timely manner, and for good cause. (Rule 5.9(c) revised effective 1/1/18) (d) Case Management Order / Family Centered Case Resolution Conference Order The Court may issue and amend from time to time, an appropriate Case Management/Family-Centered Case Resolution Conference Order or Pre-Trial Order to regulate pre-trial and trial proceedings and to set forth a schedule for the submission of papers such as briefs, documents, forms, and exhibits. (Rule 5.9(d) revised effective 1/1/18) (e) Evidence Code section 730 experts (1) The Court encourages mutually agreed upon experts, especially for such issues as custody evaluations, business valuations, business cash flow analyses (when relevant to support), real estate valuations, stock option calculations and tax consequences. In the absence of a mutually agreed upon expert, the Court may appoint its own expert under Evidence Code Section 730. (2) If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least 30 calendar days before trial. (3) If a 730 expert's written report was prepared and will be offered at trial, and either counsel or an unrepresented party demands the right to cross-examine the expert at trial with respect to the matters in the report, that party shall be responsible for arranging for the attendance of the expert at trial. The party shall make such arrangements at least 5 calendar days after being served with a copy of the report or 45 calendar days before trial, whichever occurs later. If there is no written report of the expert, the party intending to call the expert at trial shall be responsible for making the witness available on the day of trial. (Rule 5.9(e) revised effective 1/1/23) (f) Reporter’s fees (1) As of the effective date of these rules, court reporters shall be assigned in Family Law Departments. Consult the “Court Reporters: Notice of Availability” on the Court’s website for the current status and any changes. There will be no official record of the proceedings unless a court reporter is provided pursuant to Local Rule 2.53 or a party who desires an official record makes arrangements for a private certified court reporter as set forth in Local Rule 2.52. (2) Parties shall be responsible for all transcript costs pursuant to Government Code Section 69953. (Rule 5.9(f) revised effective 1/1/20) (g) Removing Matter from Calendar Any stipulation to vacate or continue a trial shall be filed with the Court, with a courtesy copy provided to the department hearing the matter, at least 5 days before the trial. (Rule 5.9(g) new effective 1/1/23) (Rule 5.9 revised effective 1/1/23) Rule 5.10. Preparation and Presentation of Orders (a) Proposed orders entered at hearing The Court may consider signing, at the time of hearing, proposed orders attached to the moving or responsive papers or those orders prepared by either party in court immediately following the hearing. Parties are therefore encouraged to submit proposed orders with their moving or responsive papers. (Rule 5.10(a) revised effective 1/1/15) (b) Orders submitted after hearing Where feasible, attorneys directed to prepare an order after hearing shall prepare and submit the order to the Court on the day of the hearing. If that is not feasible, the parties shall comply with the timing requirements of California Rules of Court, Rule 5.125. If a court reporter was present at the hearing, and the parties cannot comply with the timing requirements of Rule 5.125 because they require a transcript of the proceedings to resolve disputes over the form of order, the parties shall advise the bench officer that the transcript has been ordered and the expected date of availability of the transcript. Failure to submit Orders After Hearing in accordance with Rule 5.125 may result in the imposition of sanctions. (Rule 5.10(b) revised effective 1/1/23) (c) Stipulations All agreements, stipulations, or agreed-upon orders reached before hearing shall be in writing, signed by all parties and counsel (where applicable) and submitted to the Court for signature before the hearing on the matter begins. Stipulations shall not be recited in open court, except at the discretion of the bench officer. (Rule 5.10(c) revised effective 1/1/18) (d) Submission of earning assignment orders and income withholding orders A copy of the judgment or current order for child, partner, spousal or family support shall be submitted with any proposed earning assignment order or income withholding order. In addition, copies of proposed earnings assignment orders or income withholding orders that will be returned to the requesting party, or his/her attorney, after filing shall be provided. (Rule 5.10(d) new effective 1/1/18) (Rule 5.10 revised effective 1/1/18) Rule 5.11. Judgments (a) Judgment requirements Pursuant to California Rules of Court, Rules 5.401(c) and 5.411(b), judgments shall include all matters subject to the court’s jurisdiction for which a party seeks adjudication, or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time. (Rule 5.11(a) revised effective 1/1/18) (b) Use of judgment checklist form For Dissolution of Marriage and Legal Separation cases, parties shall use the Judgment Checklist-Dissolution/Legal Separation (Judicial Council Form FL-182). For Parentage cases, parties may refer to the Parentage Judgment Checklist (Local Court Form FamLaw-013b). (Rule 5.11(b) revised effective 1/1/18) (c) Notarized signatures of self-represented parties to judgment If the parties submit a signed default judgment (“default with Agreement”), the signature of the defaulting party shall be notarized. (Rule 5.11(c) revised effective 1/1/18) (d) Approval of Department of Child Support Services (DCSS) If DCSS is providing services in a case, a proposed judgment shall not be submitted without DCSS's written approval of the child support provisions of the judgment. (Rule 5.11(d) revised effective 1/1/18) (e) Relief Requested in True Default In a True Default, relief may not exceed the relief requested in the operative petition. (Rule 5.11(e) revised effective 1/1/18) (f) Judgment Processing All default and uncontested judgments for dissolution or legal separation will be processed in the order in which they are received. If there are emergency circumstances that necessitate a judgment be processed sooner, a party may file a declaration explaining the basis for their request to expedite processing, with proof substantiating the emergency attached, and submit along with their proposed judgment to the Legal Technicians at the Ex Parte Window. (Local Form FamLaw-34 may be used for this purpose.) (Rule 5.11(f) new effective 1/1/24) (Rule 5.11 revised effective 1/1/24) Rule 5.12. Appointment of Elisor Where one of the parties will not or cannot execute a document necessary to carry out a court order, the clerk of the court, or the clerk’s authorized representative or designee may be appointed as an elisor to sign the document. An application for appointment of an elisor may be made ex parte. When applying for an appointment of an elisor, the application and proposed order must designate ‘The Clerk of the Court or Clerk’s Designee’ as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document. The application must not set forth a specific court employee. The order must expressly identify the document being signed and a copy of the document must be attached to the proposed order. The original document, presented for signature by the elisor, must match the copy of the document attached to the proposed order. The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor. If the elisor is signing documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s). (Rule 5.12 revised effective 1/1/23) Rule 5.13. Confidentiality (a) Placement of confidential documents Certain documents are required to be kept confidential. They shall be placed in the confidential portion of the court file and may not be disclosed to anyone except in accordance with law. (Rule 5.13(a) revised effective 1/1/23) (b) Substance abuse assessment reports Substance abuse assessment reports shall be placed in the confidential portion of the court file. (Rule 5.13(b) revised effective 1/1/15) (c) Confidentiality of social security number If any document filed with the Court or offered as evidence contains a social security number, that number shall be redacted by the party offering the document before it is filed with the Court or marked as an exhibit. (Rule 5.13(c) revised effective 1/1/18) (Rule 5.13 =revised effective 1/1/23) Rule 5.14. Family Law Facilitator (a) Facilitator services pursuant to Family Code Section 10004-10005 In addition to other services and duties, the Family Law Facilitator shall comply with the requirements of state law and perform the services set out in Family Code Section 10004, consistent with funding restrictions and priorities for service that are periodically set by the Court. (Rule 5.14(a) revised effective 1/1/18) (b) Additional duties If the foregoing has been accomplished, the Family Law Facilitator may also perform additional duties as referenced in Family Code Section 10005. (Rule 5.14(b) revised effective 1/1/18) (Rule 5.14 renumbered and revised effective 1/1/18) Rule 5.15. Temporary Spousal or Partner Support (a) Discretionary guideline The Court shall use the formula contained in the Local Rules of the Superior Court of Alameda County (Alameda Superior Court, Local Rule 5.70) as its discretionary guideline for temporary spousal support or partner support in marital and domestic partnership dissolution cases. (Rule 5.15(a) revised effective 1/1/18) (b) Adjustment for tax consequences In domestic partnership cases, the Court will adjust the formula to account for tax treatment under state and federal laws if necessary. (Rule 5.15(b) revised effective 1/1/15) (Rule 5.15 renumbered and revised effective 1/1/18) Rule 5.16. Presence of Children in Courtroom (1) Unless a child whose custody or visitation is at issue and has been given court permission to address the court or testify per Family Code section 3042 and California Rule of Court, rule 5.250, that child shall not be present in the assigned courtroom while the matter is being heard, unless the judicial officer has specifically given permission for the child to be present. (Rule 5.16 renumbered effective 1/1/19) Rule 5.17. Family Court Services Appointments (Mediation, Information Gathering and Child Custody Recommended Counseling) (a) Good faith effort to reach agreement Except in those cases where domestic violence or other restraining orders have been issued or are pending hearing, or where there are allegations of child abuse or neglect currently under investigation, all parties shall make a good faith effort to arrive at an agreement regarding child custody and visitation before contacting Family Court Services to schedule appointments and before the court hearing. (Rule 5.17(a) revised effective 7/1/18) (b) Types of Family Court Services Appointments. Confidential Mediation (Tier I below) shall be made available in all cases in which child custody counseling/visitation is at issue; the remaining services, including any additional Tier I appointments, shall be scheduled at the discretion of and as directed by the family law judicial officer according to the needs of the case (Family Code section 3170). (1) Confidential Mediation (Tier I). Tier I referrals provide confidential mediation for families who have been unable to reach an agreement regarding custody, parenting time, and/or visitation. (a) In most cases, parties must attend Tier I confidential mediation before a judicial officer will consider a higher tier process. In an appropriate case, the judicial officer may order a referral of the parties to expedited or emergency child custody recommending counseling (Tier III) without first attending confidential mediation (Tier I). (b) Children shall not participate in Tier I unless directed by the court, the Family Court Services administrator, or the Family Court Services mediator (Family Code section 3180). (c) Tier I is confidential except that the mediator shall report any suspected child abuse, elder abuse, if someone is a danger to themselves or others, and/or if the mediator receives information that a parent has committed or intends to commit a serious crime (Penal Code section 11166). (Rule 5.17(b)(1) revised effective 1/1/23) (2) Information Gathering (Tier II). Tier II referrals are for the purpose of gathering information. A judicial officer has the discretion to include any specific areas of inquiry in a Tier II referral including, but not limited to, contact with law enforcement, contact with Child Protective Services, and interviews with the child(ren) or other collateral contacts. A Tier II summary report shall be submitted to the court. The confidentiality of Tier II sessions is limited because a report is provided to the court. (Rule 5.17(b)(2) revised effective 1/1/19) (3) Child Custody Recommending Counseling (Tier III). Tier III referrals are child custody recommending counseling sessions. If an agreement is reached, the child custody recommending counselor will document the agreement. Otherwise, the child custody recommending counselor will prepare a summary report and submit a recommendation to the court, the litigants and the litigants’ attorney(s). The confidentiality of Tier III sessions is limited because a report is provided to the court. (4) If parties are later referred to Tier II or Tier III, the Tier I mediator will not be assigned to conduct Tier II or Tier III in the absence of unusual circumstances as determined by the Manager of Family Court Services or order of the court after a hearing before a judicial officer. (Rule 5.17(b) revised effective 1/1/19) (c) Arranging for a Family Court Services Appointment (1) Upon the filing of the Request for Order or Domestic Violence Restraining Order involving a custody/visitation, the parties shall complete the family court services online orientation program located on the court’s website and shall arrange for an appointment with Family Court Services. Parties are to complete the online Family Court Services orientation class at www.cc-courts.org/onlineorientation (English) or www.cc-courts.org/orientacionenlinea (Spanish). Parties shall complete the orientation at least 5 days prior to their Family Court Services appointment. The purpose of orientation is to provide the parties with information about the Court process, with knowledge of collaborative parenting plan development, child rearing in multiple homes, the impacts of domestic violence, and children’s developmental needs as related to post-separation parenting arrangements. If it is necessary for a party to complete orientation in a language other than English or Spanish, the party shall call the Family Court Services Office to make alternate arrangements. Sanctions and/or fees may be imposed for failure to complete the online orientation. (2) If parties have participated in a Family Court Services appointment within the previous six months, Family Court Services shall direct the parties to first attend their court hearing before an appointment will be scheduled, unless Family Court Services is otherwise ordered by a judge to immediately schedule an appointment. In their discretion, judges may direct Family Court Services to not schedule an appointment if parties have completed an appointment within 12 months prior to a court hearing. (3) If a party is requesting a “move-away” order, the moving party is strongly encouraged to specifically state that request in the moving papers. A Mediator’s or Child Custody Recommending Counselor’s ability to address a “move-away” request in custody counseling may be significantly limited unless a request for a “move-away” order is specifically stated in a party’s moving papers. (4) If the custody or visitation hearing is scheduled before the Family Court Services appointment, and the case does not involve current domestic violence, criminal or other protective order, the parties may agree to request a continuance of the hearing by completing and filing a Stipulation and Order Re: Continuance of Court Hearing to a Date After the Family Court Services Appointment (Local Court Form FamLaw-230). No fee is due with the filing of this form. (5) Meeting separately. A party who has a restraining order or alleges under penalty of perjury that they have been a victim of domestic violence, even though there is no current restraining order, may request to meet separately. (6) Support Persons. Protected parties or parties who allege domestic violence may have a support person in the session. The support person must be at least 18 years of age and cannot be the attorney of record for either party. The support person must sign a Family Court Services form agreeing to keep the session confidential. The support person is for emotional support and is not present to speak or offer comments during the session, nor to offer advice to the parent. If the support person is disruptive to the session, the counselor will exclude the support person. (7) Appearances. Mediation appointments may be set in-person or remotely via telephone or video at the discretion of Family Court Services and the Court. Parties shall appear as ordered. If the party appears remotely, the party shall join the remote video session and/or place the telephone call to Family Court Services at the time of the appointment. Parties will be expected to verify their identity when checking in for their mediation appointment. (Rule 5.17(c) revised effective 1/1/23) (d) Agreements (1) Agreements reached prior to scheduling mediation. If the parties reach a complete agreement regarding custody and visitation before scheduling a Family Court Services appointment, they shall submit a written stipulation to the Court and they do not need to contact Family Court Services. Self-represented parties may obtain assistance from the Family Law Facilitator’s Office for guidance in preparing a stipulation. Hours of service and location for the Family Law Facilitator’s Office are available on the court’s website at www.cc-courts.org/family/flf.aspx. (2) Agreements reached after scheduling mediation. If the parties reach a complete agreement regarding custody and visitation after they have scheduled their appointment, the parties shall submit a written stipulation to the Court and both parties shall contact Family Court Services to cancel existing appointments at least 24 hours in advance. Sanctions and/or fees may be imposed on any party that fails to contact Family Court Services to cancel at least 24 hours before the scheduled appointment. (3) Full or partial agreement reached during mediation. If the parties reach an agreement during mediation regarding all or some of the custody and visitation issues, the Family Court Services mediator shall prepare the written agreement and send copies to the parties and attorneys of record, and submit the original to the Court. If there are no other issues remaining to be decided, the parties may advise the mediator that the Court hearing should be vacated and that the agreement be adopted by the Court as an order. The Court will then file and send a copy of the filed order to the parties. (Rule 5.17(d) renumbered and revised effective 1/1/23) (e) Ex parte Communication in Family Court Services Appointments All Family Court Services appointments shall be held in private, and all communications from the parties to the Mediator or Child Custody Recommending Counselor shall be deemed official information within the meaning of Evidence Code Section 1040. The Mediator/Child Custody Recommending Counselor may exclude attorneys from the Family Court Services appointment in the sole discretion of the Mediator/Child Custody Recommending Counselor. (Rule 5.17(e) renumbered and revised effective 7/1/18) (f) Ex parte communication with Family Court Services Mediators and Child Custody Recommending Counselors Neither party may contact the Mediator/Child Custody Recommending Counselor prior to their appointment. All communication between Family Court Services Mediators and Child Custody Recommending Counselors and the parties/attorneys shall be by telephone conference or in writing, with copies sent to the other party/attorney, even where the Mediators and Child Custody Recommending Mediator/Child Counselor initiates the communication. If the communication is in writing, the party submitting the writing shall send it to the parties/attorneys simultaneously and by the same method (i.e., fax, mail or email). Email and faxes shall also be copied to all parties/attorneys. In urgent circumstances or when the Mediator/Child Custody Recommending Counselor is unable to set up a telephone conference with the parties/attorneys and there is insufficient time to correspond in writing with both parties/attorneys, the Mediator/Child Custody Recommending Counselor may initiate contact with one party/attorney for the purpose of clarifying information or obtaining additional information for a status report. The Mediator/Child Custody Recommending Counselor shall disclose such ex parte communication to the other party/attorney if this occurs. Questions regarding scheduling or other procedural matters may be discussed with the Family Court Services clerical staff. (Rule 5.17(f) revised effective 1/1/22) (g) Documents Provided to Family Court Services. FCS is not obligated to retain any documents provided to FCS by the parties or other collateral sources. Although the Mediator/Child Custody Recommending Counselor has the discretion to temporarily retain supplemental documents, all supporting documents will be destroyed, in a confidential manner, by FCS staff at the conclusion of the mediation/child custody recommending counseling services and FCS will not provide copies of supplemental documents to the Court or to the other party on the case. (h) Family Court Services Complaint Process (1) At the earliest possible time, and no later than 5 court days before the custody/visitation hearing, a party may file a written complaint, in the form of a declaration signed under penalty of perjury, specifying alleged misconduct of a Mediator/Child Custody Recommending Counselor. A copy of the declaration shall be served on the other party and a proof of service shall be filed. The party shall also provide a copy of the declaration to the Manager of Family Court Services. The other party may file a written response. A copy of the response shall be served on the other party and a proof of service shall be filed before the next hearing date. The responding party shall also provide a copy of the written response to the Manager of Family Court Services. The Manager of Family Court Services shall investigate the complaint and respond in writing to the complainant and the responding party. (2) No change of counselor will be granted unless there is substantial showing that the counselor is biased or prejudiced against one of the parties or is unable to render a fair and impartial recommendation. (Rule 5.17(g) renumbered and revised effective 1/1/23) (i) Child Custody Recommending Counselors as Witnesses In lieu of a subpoena and appropriate fee as described in California Government Code section 68097.2, should a party wish to compel the appearance of a Family Court Services Child Custody Recommending Counselor as a witness at a custody/visitation trial, the party can notify Family Court Services in writing that the Custody Counselor's testimony is required. The notice shall state the date and time of the hearing, and the time when the Custody Counselor is expected to be called as a witness and shall be provided to Family Court Services at least 5 court days before the hearing date. A non-refundable check in the appropriate amount as described in California Government Code Section 68097.2 shall accompany the written request for the Child Custody Recommending Counselor’s appearance. (Rule 5.17(h) renumbered 1/1/23) (j) Second Confidential Mediation (Tier I), Information Gathering (Tier II) or Child Custody Recommending Counseling (Tier III) Appointment on a Current Motion (1) Parties who are ordered to return to Family Court Services for a second Tier I, Tier II or Tier III Family Court Services appointment on a current motion may be charged a fee for such return services in the amount of $250. (2) Where parties attend Family Court Services appointment, reach an agreement, subsequently rescind the agreement, and then wish to return or are ordered to return to Family Court Services for an additional appointment, Family Court Services may charge a fee as set forth in subsection (1) above. (Rule 5.17(i) renumbered effective 1/1/22) (k) Family Court Services Reports and Recommendations (1) When a child custody recommending counselor completes a Tier II Information Gathering Appointment, the child custody recommending counselor shall prepare a written report but will not include any recommendations. The report shall be submitted to the parties and to the Family Law Department hearing the matter. The department shall file the report in a confidential portion of the Court file. Pursuant to the Standing Order of the Presiding Judge of this Court, use of this document shall be limited to the pending litigation and no person who has access to the document shall disseminate or disclose its contents to any person not entitled to access, nor shall the parties attach such document to any pleading in this or any other litigation or proceeding. Substantial sanctions shall be imposed upon any party who violates this order, whether intentionally, by mistake or by accident. (2) When the parties do not reach an agreement during a Tier III Child Custody Recommending Counseling Appointment, the Child Custody Recommending Counselor shall prepare a written Status Report that includes the Child Custody Recommending Counselor’s recommendations. The report shall be submitted to the parties and to the Family Law Department hearing the matter. The department shall file the report in a confidential portion of the Court file. Pursuant to the Standing Order of the Presiding Judge of this Court, use of this document shall be limited to the pending litigation and no person who has access to the document shall disseminate or disclose its contents to any person not entitled to access, nor shall the parties attach such document to any pleading in this or any other litigation or proceeding. Substantial sanctions shall be imposed upon any party who violates this order, whether intentionally, by mistake or by accident. (3) Persons entitled to access the report and the information contained in the report are limited to the parties, their attorneys, federal or state law enforcement, judicial officers, necessary court employees, and minor’s counsel, except upon order of the Court. (Rule 5.17(j) renumbered and revised effective 7/1/18) (l) Private Mediator Parties may jointly agree to retain a private mediator pursuant to Family Code section 3164. The parties shall complete and submit to the court the Stipulation and Order for Private Child Custody Recommending Counselor (local court Form FamLaw-300) for approval. Within 10 court days of receiving the order of appointment by the court, the private mediator shall file and serve on all parties the Consent to Appointment as Private Confidential Mediator or Child Custody Recommending Counselor and Declaration Regarding Qualifications (local court Form FamLaw-301). (Rule 5.17(k) renumbered effective 1/1/22) (Rule 5.17 revised effective 1/1/22) Rule 5.18. Child Custody Evaluations (a) Court ordered evaluations All evaluators appointed by the Court to conduct child custody and visitation evaluations, whether by stipulation or otherwise, shall be appointed under Evidence Code Section 730. (Rule 5.18(a) revised effective 1/1/16) (b) Evaluator selection Where the parties are unable to agree on an evaluator to conduct the custody evaluation, the Court shall select an evaluator for the parties in a manner as determined by the Court. If the Evaluator appointed by the Court does not accept the appointment, the parties or their attorneys shall contact the Court and request the appointment of a different evaluator. FCS will maintain a list of private child custody evaluators who have represented that they meet the training and education requirements of California Rules of Court, Rules 5.225 and 5.230. This list shall be available on the Court’s website. (Rule 5.18(b) revised effective 7/1/25) (c) Custody evaluation requirements An Order Appointing Child Custody Evaluator (Judicial Council Form FL-327) shall be filed and given to the Evaluator before the evaluation begins. The Evaluator shall file a Declaration of Private Child Custody Evaluator Regarding Qualifications (Judicial Council Form FL-326). Each party and each party’s counsel shall follow the procedures set forth in the Order Appointing Child Custody Evaluator. The Evaluator shall comply with the requirements of California Rules of Court, Rule 5.220. (Rule 5.18(c) revised effective 1/1/18) (d) Scope of the evaluation When appropriate, in the interest of saving the parties’ time, expense and stress, the evaluation may be limited in scope (focused evaluation) to the question or questions that the Court requires answered. (Rule 5.18(d) revised effective 1/1/01) (e) Challenge of the evaluator No peremptory challenge to an evaluator 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 bring other appropriate expert testimony to object to the conclusions. (California Rules of Court, Rule 5.220(d)(1).) (Rule 5.18(e) revised effective 1/1/18) (f) Withdrawal from a case A private evaluator may withdraw from a case upon a showing of good cause to the trial court making the appointment. (Rule 5.18(f) new effective 1/1/18) (g) Information from children The Court relies on the judgment of its experts in making decisions about when, how often, and under what circumstances children are interviewed. The expert shall be able to justify the strategy used in any particular case. Children will be informed that the information provided by the child will not be confidential before beginning the interview. (California Rules of Court, Rule 5.220(d)(2).) (Rule 5.18(g) revised effective 1/1/17) (h) Impartial expert The court-appointed evaluator shall be impartial. Evaluators should include in-person interviews of both parents or guardians, unless geographical distance or other factors make in-person interviews impractical. In such instances, attorneys, parties and the expert shall make reasonable accommodation to assure that the expert has received adequate information about all parents, guardians, or parties. (Rule 5.18(h) revised effective 1/1/18) (i) Grievance procedure If a party alleges that an unprofessional or inappropriate act has occurred on the part of the Evaluator during the course of the evaluation, the party may discuss the complaint with the Evaluator directly in order to handle misunderstandings. Complaints or grievances concerning the Evaluator will not be considered by the Court until after the evaluation is completed, at the Recommendation Conference. All such complaints and grievances must be submitted to the bench officer hearing the matter at least 15 calendar days before the Recommendation Conference, with copies to the Evaluator and all other parties. The Evaluator shall submit a written response to all issues raised in the written complaint to the bench officer hearing the matter at least 2 calendar days before the Recommendation Conference, with copies to all parties. The bench officer will address the complaint at the time of the Recommendation Conference. If the party submitting the complaint objects to the bench officer’s resolution of the complaint, the complaint or grievance shall become an issue at trial. (Rule 5.18(i) revised effective 1/1/23) (j) Expectation of settlement The parties and the attorneys should make a good faith attempt to settle the custody and visitation disputes before the Recommendation Conference and any subsequent trial. Settlement efforts may include joint meet and confer conferences between the parties and counsel unless potential harm exists from this process. (Rule 5.18(j) revised effective 1/1/16) (k) Continuing effort The Court may ask the Evaluator to continue to be available to the family to help resolve problems with any order made following the Evaluator’s recommendations. (Rule 5.18(k) revised effective 1/1/16) (l) Payment of the evaluation The Court shall make orders concerning payment of the Evaluator at the time of the appointment. The Evaluator may not withhold a report from the Court because of the parties’ failure to pay. Either party or the appointed custody evaluator may file a Request for Order regarding unpaid custody evaluator fee(s). (Rule 5.18(l) revised effective 1/1/18) (m) Evaluation report (1) The Evaluator shall prepare and submit both an evaluation report and recommendations to the parties, counsel, and the Court. The Department hearing the matter shall secure the evaluation report in a confidential portion of the Court file. Pursuant to the standing Order of the Presiding Judge of this Court, use of this document shall be limited to the pending litigation and no person who has access to the document shall disseminate or disclose its contents to any person not entitled to access, nor shall the parties attach such document to any pleading in this or any other litigation or proceeding. Substantial sanctions shall be imposed upon any party who violates this order, whether intentionally, by mistake or inadvertence. (2) Persons entitled to access the report and/or the information contained in the report are limited to the parties, their attorneys, federal or state law enforcement, judicial officers, necessary court employees, and minor’s counsel, except upon order of the Court. (Rule 5.18(m) revised effective 1/1/18) (n) Ex parte communication with evaluator No party or attorney for a party shall initiate one-sided contact with the Evaluator, either orally or in writing before the first appointment of the initiating party except for the purpose of setting up that first appointment. Parties may initiate one-sided contact with the Evaluator after the first appointment of the party initiating the contact. The Evaluator may contact any party at any time. Attorneys may initiate contact after the first appointment of a party only by conference call or in writing copied to the other party. Contact may be made to arrange appointments without the necessity of a conference call. (Rule 5.18(n) revised effective 1/1/18) (Rule 5.18 revised effective 7/1/25) Rule 5.19. Court Communication for Domestic Violence and Child Custody Orders (Adopted Pursuant to California Rules of Court, Rule 5.445) (a) Communication between the Criminal, Family, Juvenile and Probate Courts (1) Before requesting a Criminal Protective Order involving a defendant and a victim or witness who have a relationship as defined in Family Code Section 6211, the District Attorney shall make reasonable efforts to determine whether there are any children of the relationship, whether there are any Family, Juvenile, or Probate Court orders for custody/visitation for those children, and whether there are any existing protective/restraining orders involving the defendant, the protected person, and/or the children. The District Attorney shall advise the Criminal Court of the existence of any such orders at the time the proposed Criminal Protective Order is submitted for approval and signature. (2) The Family, Juvenile or Probate Court setting terms of custody or visitation shall make reasonable efforts to determine whether any person requesting custody or visitation is subject to a Criminal Protective Order, including inquiring of the parties whether there are any existing protective/restraining orders involving that person, another person seeking custody or visitation, and/or the children. (3) When the Criminal Court issues a Criminal Protective Order protecting a victim or witness who has children with the defendant, the Criminal Court shall consider whether peaceful contact with the protected person should be allowed for the purpose of allowing defendant to have visitation with the children. (4) If any person named in a Criminal Protective Order is also before the Family, Juvenile, or Probate Court in proceedings concerning custody or visitation, a court-employed Child Custody Recommending Counselor or Court Investigator serving the Family, Juvenile or Probate Court shall have access to and review the criminal court file, as permitted by applicable law. Confidential information reviewed under this rule remains confidential and shall not be further released except as provided by law or court order. (Rule 5.19(a) revised effective 1/1/17) (b) Modification of Criminal Protective Orders (1) A party seeking to modify a Criminal Protective Order may calendar the matter for hearing before the Criminal Court, after giving notice to the District Attorney. (2) The Family, Juvenile, or Probate Court may, on its own motion or at the request of a defendant, protected person or other interested party, calendar a hearing before the Criminal Court for a motion to modify a Criminal Protective Order. Notice of the hearing shall be given to all counsel and parties in both the criminal action and the family, juvenile, or probate matter. (3) When the Family, Juvenile, or Probate Court calendars a hearing on a motion to modify a Criminal Protective Order, or receives notice that a party with a pending Family, Juvenile, or Probate matter involving minor children seeks to modify a Criminal Protective Order, the Court shall provide the Criminal Court with copies of existing or proposed Orders relating to protection, custody and/or visitation in the pending family, juvenile, or probate matter. (Rule 5.19(b) revised effective 1/1/23) (Rule 5.19 revised effective 1/1/23) Rule 5.20. Dismissal for Failure to Prosecute. Pursuant to C.C.P. Sections 583.310 and 583.360(a), the Court shall, upon its own motion, dismiss cases without prejudice on the ground that the petitioner has failed to prosecute and to bring it to trial within five years after it was commenced against the respondent. Rule 5.21 Requirement for Current Mailing Address An attorney or party whose mailing address, telephone number, fax number or e-mail address changes shall promptly file and serve on all parties a Notice of Change of Address or Other Contact Information (Judicial Council form MC-040). Addresses and other contact information will not be updated in the Court’s case management system without the filing of this form. (Rule 5.21 new effective 1/1/23)
Title Five. Family and Juvenile Rules Division 1. Family Law Matters Chapter 1. Family Law Department Rule 5.0. Application of Rules and Definitions (a) Application of Rules These rules apply in all departments of the Contra Costa Superior Court hearing family law matters (Family Law Division). They shall be read and applied in conjunction with the applicable law, including federal and state statu
Reviewer note: Composed 2026-10-08 (California T4 Contra Costa build 2026-10-08) from BenchPath custody ca/t4/ca-contra-costa/docs/general/july-2026-local-rules-final_0.pdf (the court's rule book, “Local Rules of Court Effective July 1, 2026”, as fetched 2026-10-08; 24267831 bytes, sha256 580a7d67b663a29aea78edf6b7d0fffb19be65430ad0770cad9f8cb543be811e; 274 pages) with the shared verbatim composer (v2 reflow) over the rules (PDF pages 17 to 191): each page's running header (“Local Rules of the Superior Court of California, County of Contra Costa”) and footer (a rule of underscores, “Local Court Rules – Effective July 1, 2026” and “Page N of 201”) removed as chrome; lines reflowed into the rules' paragraphs; Title One's heading and its first chapter heading set on their own lines, eleven rule citations the reflow broke at a line end rejoined, and six tables printed without rules set one row a line - Rule 2.40's attorney fee schedule, two cells of Guideline Attachment 1's commission chart, Attachment 2's attorney rates, Attachment 3's time summary and Attachment 4(a)'s probate calendars (18 whitespace-only fixes); Rule 2.160's local fees and the commission chart's header cells and sixth row, which the reflow read across, set as printed (three same-character fixes); the sixth row's number, in page 180's bottom band, kept (the composer's bottom_band_numbers option); no struck character (the strike report); the rules cut at the chapter headings, which reassemble them (Title Six is “Reserved”: its heading alone); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of rule effective dates, the table of contents, the list of local court forms, the index and Appendix A (the standing orders as revised May 15, 2026, superseded by the compilation revised August 11, 2026) belong to no chapter.
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.