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Chapter 8 (Rules 8.00.00 to 8.27.05): the definition of family law matters (8.00.01); family law matters subject to the rules governing civil cases generally, except as inconsistent with the family law rules (8.00.02); the family and juvenile court management of child abuse cases - a report under Penal Code section 11166, the CPS investigation, an application under Welfare and Institutions Code section 329, custody and visitation proceedings in the family court suspended for eighteen calendar days after a report or on a section 300 petition, appointment of counsel for the child under Family Code section 3150 (8.00.03); family court orders issued in the juvenile court (8.00.04); counsel with their clients to meet and confer in good faith before any motion, order to show cause, or trial is heard - the requirement does not apply to cases involving domestic violence (8.01.01); continuances disfavored (8.02.01); no more than one continuance at the request of either party except for good cause (8.02.02); a continuance for child custody recommending counseling not counted as one requested by either party (8.02.03); a continuance by stipulation or letter request, at least one party contacts the calendar clerk not less than three (3) court days prior to the hearing (8.02.04); a current income and expense declaration filed and served with the moving and responsive papers where support or attorney's fees are requested, at least ten (10) calendar days prior to the hearing if responsive papers are not filed (8.03.01); the declaration filled out completely, dated and signed, with pay stub(s) representing at least two (2) full months' wages and the most recent W-2 form, a self-employed party's profit and loss statement for the prior 12 months (8.03.02); a demand for further documentation, the service of the demand made at least 30 (thirty) calendar days prior to the hearing, an objection conveyed in writing at least 20(twenty) calendar days prior (8.03.03); the sanctions (8.03.04); the documentation privileged (8.03.05); no subject child in the courtroom without the court's prior knowledge and consent (8.04.00); the date, time, and place of hearing scheduled through the calendar clerk (8.05.01); the proposed guideline support calculation printout at the time of filing on a request for order regarding child support or temporary spousal support (8.05.03); supplemental declarations filed and served no later than 10 calendar days prior to a review or continued hearing (8.05.04); an application for ex parte orders of temporary custody to include the existing custody orders and the facts showing the best interest of the child (8.05.05); an ex parte change of custody only on a risk of irreparable harm or immediate danger under California Rules of Court, rule 5.151 (8.05.06); the tentative ruling system for the law and motion calendars of both the Western Slope and South Lake Tahoe Branches - posted on the court's web site by no later than 2:00 p.m. on the court day preceding, and by telephone at (530) 621-6726 or (530) 573-3075, the tentative ruling the final order of the court if no notice of intent to appear and request oral argument is received by 4:00 p.m. on the day the tentative ruling is issued, through the court's website or via telephone call, with notice to all parties by telephone or in person, matters of 15 minutes or less set on the law and motion calendar of the court day following (8.05.07); a short cause hearing of a maximum duration of 15 minutes (8.06.01); a matter with no appearance by either party ordered off calendar (8.06.02); the moving party to notify the calendar clerk if a matter is to be taken off calendar (8.06.03); the order after hearing prepared and served within 10 calendar days, 10 calendar days to approve it, all orders effective immediately (8.06.04); remote appearances under rule 3.672 and Local Rule 7.02.00 (8.06.05); ex parte orders - specific declarations, notice under rule 3.1203, notice to the opposing side by 10:00 a.m. the court day preceding and the moving papers filed no later than 2:00 p.m. the court day preceding under rule 3.1206, notice excused or waived (8.07.01 to 8.07.06); an order shortening time - the affidavit or declaration under rule 3.1201, notice under rule 3.1203, the reason stated (8.08.01 to 8.08.03); spousal support for temporary awards calculated at 40% of the supporting spouse's net income and subject to reduction by 50% of the supported spouse's net income, or by the formula adopted by Alameda County if child support is paid (8.09.03); no limitation on court discretion (8.09.04); all contested child custody and visitation matters scheduled for child custody recommending counseling (CCRC), no new date within 6 months of a report (8.10.01); the scheduling of CCRC, the questionnaire, a Telephonic Appearance on Local form F-102 at least five (5) days before if you live more than 120 miles away, sanctions for a failure to attend or a late cancellation (less than 48 hours' notice) (8.10.02); the appointment of a child custody recommending counselor/evaluator and the minimum standards (8.10.03, 8.10.04); no ex parte contact with a child custody recommending counselor/evaluator (8.10.05); children not present for child custody recommending counseling sessions unless ordered by the court (8.10.06); no recommendation when one party fails to appear (8.10.07); supervised visitation providers - the Custody and Parenting Resource List (Local Form F-101), the Declaration of Supervised Visitation Provider (form FL-324(P) or FL-324(NP)) completed and signed within 10 days prior to filing (8.10.08); one peremptory challenge per party (8.11.01 to 8.11.04); the cost apportioned equally (8.12.00); a complaint by letter to the Court Executive Officer within 30 days of the session, to respond in writing within 30 days (8.13.00); the child custody recommending counseling process - support persons, the counselor's conduct, agreements, recommendations issued no later than 10 calendar days prior to the hearing, copies, private child custody recommending counseling by stipulation, the confidentiality of the reports (8.14.01 to 8.14.09); evaluation under Family Code section 3110 and the evaluation report (8.15.01, 8.15.02); a subpoena for a counselor served at least 10 calendar days before the hearing with the required fee deposit, after the party contacts the family law clerk's office to confirm the counselor's availability (8.15.03); a Special Master by written stipulation only (8.15.04); attorney's fees and costs - the factors, an Income and Expense Declaration (Judicial Council form FL-150) required (8.16.01 to 8.16.05); sanctions under Code of Civil Procedure section 128.5 and Family Code section 271 (8.17.01, 8.17.02); the Trial Setting Conference within 30 days of the request, counsel with a conflict to notify the court in writing within 15 calendar days, attendance, parties or counsel authorized to appear remotely without the need to submit the Remote Appearance Request form (8.18.01 to 8.18.06); the Statement of Issues, Contentions and Proposed Disposition of the Case filed and served no later than 10 calendar days prior to the settlement conference, trial or long-cause evidentiary hearing (8.19.01); its contents (8.19.02); a mandatory settlement conference before trial, counsel, the parties and all persons with full authority to settle the case to personally attend, each party to file an original and two (2) copies of the statement (8.19.03); a contested case set for trial or evidentiary hearing on Local Form F-5 (West Slope) or Local Form F-6 (South Lake Tahoe) filed with a proof of service (8.20.01); the post-trial judgment approved within 10 calendar days (8.20.02); counsel or self-represented parties to meet and confer and exchange all intended exhibits at least 10 calendar days prior to the trial or long-cause evidentiary hearing, the exhibits listed and marked (8.20.03); trial briefs filed and served at least 10 calendar days before (8.20.04); motions in limine at least five (5) calendar days prior (8.20.05); court reporter fees under Government Code section 68086 (8.20.06); witness lists no later than 10 calendar days prior (8.20.07); default or uncontested judgments by declaration on Judicial Council form FL-180 (8.21.01 to 8.21.03); a judgment by default - the attached declaration on custody and visitation, child support under Family Code sections 4051 – 4068 and spousal support, restraining orders and the division of community property with notice at least 30 days in advance (8.22.01 to 8.22.05); counsel for a child under California Rules of Court, rule 5.242 - at least 12 hours of education and training, eight (8) hours annually, the declaration no later than 10 days after appointment (form FL-322), the experience requirements (8.23.01, 8.23.02); Title IV-D cases and the commissioner (8.24.01 to 8.24.04); the family law facilitator - the services and duties, a complaint verbally or in writing to the family law commissioner, who will respond within 30 days, an appeal to the presiding judge (8.25.01 to 8.25.04); access to a hearing for all litigants (8.26.00); access to paternity files (8.26.01); the family centered case resolution process for dissolution, legal separation, nullity, and parentage cases filed after July 1, 2013 - three (3) status conferences within six (6) months, one (1) year and 18 months of the filing of the petition, two (2) dismissal hearings, the parties not required to attend unless required to attend by order of the court (8.27.01 to 8.27.05).
8.00.00 FAMILY LAW PROCEEDINGS (Effective January 1, 1994) 8.00.01 DEFINITION OF FAMILY LAW MATTERS As used in this Rule, the term “family law matters” includes all matters under the Family Law Act, Uniform Parentage Act, emergency protective orders, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, the Revised Uniform Reciprocal Enforcement of Support Act, petition
Reviewer note: Composed 2026-10-10 (California T4 El Dorado build 2026-10-10) from BenchPath custody ca/t4/ca-el-dorado/docs/local-rules/local-rules.pdf (the court's rule book, its cover “Local Rules Revision: January 1, 2026” and its second page “LOCAL RULES FOR THE SUPERIOR COURT COUNTY OF EL DORADO Effective January 1, 2026”, as fetched 2026-10-10; 1813135 bytes, sha256 aba154e6450f0a7487a2f0a96e9da05110a8ab495e94410b87f54b88cfd6dd7a; 186 pages; this chapter PDF pages 70 to 109) with the shared verbatim composer (v2 reflow) and its strike-out: the rules (PDF pages 11 to 147, printed 1 to 137) composed as one text, from “1.00.00 SCOPE OF RULES FOR THE SUPERIOR COURT” to the last history note of Chapter 12, and cut at the twelve chapter headings, each matched once as a whole line (a chapter may begin mid-page: Chapters 6 and 7 both begin on PDF page 39); each page's running header (“LOCAL RULES – SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO”) and its two footer lines (the printed page number and “Revised January 1, 2026”) removed as chrome (411 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.00.08 LOCATION FOR FILING AND COURT SESSIONS”) and each history note on a line of its own; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 8 whitespace-only fixes (build/book-fixes.json: four cross-references the reflow broke before a label or a rule number - Rules 2.00.07, 2.01.00, 10.09.02 and 11.00.13 - joined; Rule 7.16.00's heading and a sentence of Rule 11.00.19 that a “SECTION” line start split, joined; Rule 2.01.00's two complaint addresses set line by line as printed) and 1 same-character fix (build/book-captions.json: the header row of Rule 8.19.02's debts table set cell by cell); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the effective-date page, the table of contents, the List of Effective/Revised Dates, the Alphabetical Index of Rules and the lists of local forms (PDF pages 1 to 10 and 148 to 186) belong to no card. Review note: Rules 8.10.01, 8.10.02 and 8.10.06 are amended effective June 15, 2026 by the Amended Administrative Order of August 20, 2026 (carded): child custody recommending counseling appointments on referral orders issued on or after June 15, 2026 are conducted remotely, so the book's telephonic appearance on Local form F-102 and its 48-hour late cancellation no longer govern them. The Department 12 tentative rulings notice of February 03, 2025 (held) posts family law tentative rulings “after 2:00 p.m. on the business day prior” and takes objections “by 4:00 p.m. on the business day prior”; Rule 8.05.07 posts them “by no later than 2:00 p.m. on the court day preceding” and takes requests “by 4:00 p.m. on the day the tentative ruling is issued” (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 > El Dorado County > Superior Court of California, County of El Dorado
8.00.00 FAMILY LAW PROCEEDINGS (Effective January 1, 1994) 8.00.01 DEFINITION OF FAMILY LAW MATTERS As used in this Rule, the term “family law matters” includes all matters under the Family Law Act, Uniform Parentage Act, emergency protective orders, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, the Revised Uniform Reciprocal Enforcement of Support Act, petitions for writ of habeas corpus or warrant in lieu thereof, (involving child custody), non-business orders prohibiting harassment, and guardianships, and any other matter involving child support, spousal support, or child custody and visitation. (Revised January 1, 1994) 8.00.02 APPLICATION OF RULES Except as inconsistent with the family law rules, family law matters shall be subject to the rules governing civil cases generally, including but not limited to the California Rules of Court, the Code of Civil Procedure, and the Local Rules of the El Dorado County Superior Court, rules 7.00.00, et seq., concerning civil proceedings. (Revised July 1, 2022) 8.00.03 FAMILY AND JUVENILE COURT MANAGEMENT OF CHILD ABUSE CASES It is the policy of the Superior Court to identify and coordinate custody proceedings involving the same child which may appear in multiple legal settings. It is further the policy of the Superior Court to coordinate the efforts of the different court systems so that the child’s needs are served, and the resources of the family and the court are not wasted. To these ends, the Superior Court and the agencies serving the court shall cooperate to increase the exchange of information and to determine the most appropriate forum for resolution of the issues related to the child. A. REPORT PURSUANT TO PENAL CODE SECTION 11166. If during the pendency of a family law proceeding a child abuse allegation against one or more of the child’s parents comes to the attention of a family court judge, commissioner, or other child custody recommending counselor or evaluator, any of these persons shall first determine whether the allegation must be reported to a child protection agency, pursuant to Penal Code section 11166. If that person determines the allegation does not fall within the description of section 11166, he/she need not make a report. B. CHILD ABUSE INVESTIGATION. When the El Dorado County Social Services Department, Child Protective Services (CPS), receives a report of suspected child abuse during the pendency of a family law proceeding, it shall investigate the matter immediately or within 3 or 10 days pursuant to DSS Regulations 30-132. CPS shall coordinate its investigation with the reporting policy agency. CPS shall inform the family court judge or commissioner of any decisions it makes concerning the child abuse investigation. It shall contact the investigating agency immediately so that all investigative efforts can be coordinated. C. WELFARE AND INSTITUTIONS CODE SECTION 329 APPLICATION. If CPS decides not to intervene or fails to report to the reporting party within 10 days, any person may apply to the social worker to commence proceedings in the Juvenile Court, pursuant to Welfare and Institutions Code section 329. In that application, the affiant shall give notice and identifying information of any pending family law proceeding. A copy of the application shall be sent to the family court judge or commissioner by the moving party. The social worker shall respond in writing to the application as soon as possible or within three (3) weeks after submission of the application (Welfare and Institutions Code section 329). The social worker shall send a copy of the written response to the family court. D. SUSPENSION OF FAMILY COURT PROCEEDINGS (1) CPS Report After a report of suspected child abuse has been made to a child protection agency, custody and visitation proceedings in the family court are suspended, except that the Family court shall have the power to make temporary protective orders to ensure the safety of the child. The suspension shall remain for eighteen calendar days from the report or until CPS indicates in writing that it will take no action in the matter, whichever occurs first. (2) Welfare and Institutions Code section 300 Petition – Juvenile Court If a petition pursuant to Welfare and Institutions Code section 300 is filed in the Juvenile Court, all custody and visitation proceedings in the Family court are suspended. Thereafter, custody and visitation issues shall be determined by the Juvenile Court. The family court shall resume custody or visitation litigation only after written authorization is received from the Juvenile Court. E. REVIEW OF THE DECISION OF THE CPS SOCIAL WORKER NOT TO INITIATE DEPENDENCY PROCEEDINGS. If the probation officer or CPS social worker decides not to initiate dependency proceedings, any person who has applied for the commencement of dependency proceedings pursuant to Welfare and Institutions Code section 329 within 1 month of that application, may apply to the juvenile court to review that decision pursuant to Welfare and Institutions Code section 331. The application shall include a copy of any application made to pursuant to Welfare and Institutions Code section 329. The juvenile court shall rule on the application as soon as possible and in no event later than 30 days after receipt of the application. F. INFORMAL SUPERVISION AGREEMENT. If, during the probation officer’s or CPS social worker’s investigation, one or both parents reach an informal supervision agreement pursuant to Welfare and Institutions Code section 301, a copy of that agreement shall be sent immediately to CPS, to family court services and to each parent or their counsel. G. FAMILY CODE SECTION 3150 APPOINTMENT OF COUNSEL. During family law proceedings in which allegations of child abuse have been made, the family court judge or commissioner may appoint counsel for the child (Family Code section 3150.) to protect the child’s interests and/or expedite the policy stated herein and carry out the terms of this protocol. H. COORDINATION OF CASES. At any time during the process described herein, the judges, commissioners, and referees assigned to hear family court and juvenile court matters are encouraged to discuss problems relating to the coordination of cases involving child abuse allegations. (Revised January 1, 2012) 8.00.04 FAMILY COURT ORDERS ISSUED IN JUVENILE COURT A. PETITION FOR DISMISSAL OF A DEPENDENCY PROCEEDING IN THE JUVENILE COURT. Whenever any interested party believes that juvenile court intervention on behalf of a child is no longer necessary, application may be made to the juvenile court pursuant to Welfare and Institutions Code section 388 or at any regularly scheduled hearing to have the case dismissed. If dismissed, any future litigation relating to custody, visitation and control of the child shall be heard in the family court or other appropriate Superior Court civil department. B. JUVENILE COURT CUSTODIAL ORDER. If the juvenile court determines that jurisdiction of the juvenile court is no longer necessary for the protection of the child, the court may create a custodial order consistent with the needs of the child and thereafter dismiss the juvenile petition and case (Welfare and Institutions Code sections 361.2 and 362.4). C. MAINTENANCE OF ORDERS IN COURT FILES (1) Juvenile Court. The original court order shall be filed in the family court or civil file and endorsed copies shall be filed in the juvenile court file. A copy of the endorsed, filed order shall be mailed to all attorneys and parties. (2) Superior Court. If no court file exists in the family court or other Superior Court division or in any other jurisdiction, the Clerk of the Superior Court shall create a file under the names of the child’s parents. The file shall contain a copy of the juvenile court order. There shall be no filing fee. (Welfare and Institutions Code section 362.4). (Revised January 1, 2012) 8.00.05 RESERVED FOR FUTURE USE (Revised January 1, 2024) 8.01.00 MEET AND CONFER REQUIREMENT (Effective January 1, 1994) 8.01.01 REQUIREMENT Counsel with their respective clients, either physically present or immediately available, shall meet and confer in good faith and attempt to resolve all issues before any motion, order to show cause, or trial is heard by the court. The requirement to meet and confer does not apply to cases involving domestic violence. (Revised January 1, 2019) 8.02.00 CONTINUANCES (Effective January 1, 1994) 8.02.01 CONTINUANCE DISFAVORED Continuances of motions or orders to show cause in family law matters are disfavored. (Effective January 1, 1994) 8.02.02 ONE CONTINUANCE LIMITATION No more than one continuance at the request of either party shall be allowed except for good cause. (Revised January 1, 2012) 8.02.03 CONTINUANCE FOR CHILD CUSTODY RECOMMENDING COUNSELING A continuance necessary to allow for child custody recommending counseling or for receipt of the child custody recommended counselor’s report, shall not be counted as a continuance requested by either party. (Revised January 1, 2012) 8.02.04 CONTINUANCE BY STIPULATION OR LETTER REQUEST If both parties and their attorneys agree to a continuance, neither party need appear in court provided at least one party contacts the calendar clerk not less than three (3) court days prior to the hearing to advise the court and further confirm the continuance in writing by stipulation or letter request signed by both parties or attorneys, or signed by one attorney with confirmation that the request for continuance is agreed to by all parties and counsel. Said stipulation or letter request shall confirm that the attorneys are authorized by their clients to continue said matters and the reason for the request. The attorney(s) shall contact the court calendar clerk for available dates prior to submitting the written request. For hearings in which a client/party must appear, a request for continuance must be signed by each party and by each attorney. Filings within three (3) calendar days of the scheduled hearing are acceptable. If a continuance is required because of the absence of a report from a child custody recommending counselor, the court may grant one continuance without the required signatures. (Revised January 1, 2024) 8.03.00 INCOME AND EXPENSE DECLARATIONS (Effective January 1, 1994) 8.03.01 WHEN REQUIRED A current income and expense declaration is required in all family law matters where support or attorney’s fees are requested. Said income and expense declaration shall be filed and served with the initial moving papers. A party responding to a notice of motion or order to show cause involving financial matters, including but not limited to support and/or attorney’s fees, must file and serve a completed current income and expense declaration with the responsive papers. If responsive papers are not filed, then the completed current income and expense declaration shall be filed at least ten (10) calendar days prior to the hearing date on the motion. (Revised January 1, 2026) 8.03.02 PREPARATION INSTRUCTIONS The income and expense declaration shall be filled out completely. A. All applicable questions shall be answered with relevant information and the income and expense declaration shall be dated and signed. (1) A declaration that is not dated and signed or is not filled out with all applicable questions answered, shall not be considered in evidence by the court, except in so far as it may constitute an admission against the interest of the party. (2) If a party is present at the hearing and has not dated or signed the declaration, the party shall be permitted to amend the declaration by entering an admission of the date of signing or to sign same. B. Documents supporting each party’s wages, income, and other matters set forth in the income and expense declaration, such as a copy of the most recent pay stub(s) representing at least two (2) full months’ wages and deductions and a copy of the most recent W-2 form, shall be attached to the income and expense declaration. A self-employed party must attach a properly and accurately completed profit and loss statement for the prior 12 months of the operation of the business. (Revised July 1, 2013) 8.03.03 ADDITIONAL INFORMATION TO BE PROVIDED Either party may demand the other provide any of the following documentation provided the service of the demand is made at least 30 (thirty) calendar days prior to any scheduled hearing involving support or attorney’s fees and/or costs: A. Copies of the demanded party’s 2 (two) most recent paychecks or stubs. B. Complete Federal and State income tax returns for the demanded party for the last 2 (two) years; including all schedules. C. Copies of all W-2 and/or 1099 forms from the demanded party for the most recent year available. D. Business entity’s filed Federal and State income tax returns and profit and loss statements for the past 2 (two) years for any business entity of the demanded party. A business entity is defined as any business, including but not limited to, a sole proprietorship, partnership, joint venture, or corporation in which a party has any right of management and/or control. E. Any other documentation requested by the opposing party reasonably related to the income or earning capacity of the demanded party. “Income” and “earning capacity” shall be as defined by California Family Code § 4058. The party requested to produce such additional documentation, however, may raise any objection to the production of said documentation, provided that such objection is conveyed to the requesting party in writing at least 20(twenty) calendar days prior to the date of the scheduled hearing and provided, further, that the objecting party brings the subject documentation to the scheduled hearing or makes the documentation electronically available to court and counsel in pdf format at the scheduled hearing. The court shall resolve any objection at the hearing or as part of the court’s Tentative Ruling. Failure to object as provided herein shall be deemed a waiver of any objection to the production of the requested documentation. Written notice may be by facsimile or electronic transmission. (Revised July 1, 2025) 8.03.04 SANCTIONS If a party fails to comply with this rule, upon request of a party or upon the court’s own motion, the court may take any of the following actions at the scheduled hearing. A. Continue the hearing. B. Set a hearing for imposition of sanctions pursuant to Code of Civil Procedure section 128.5 and/or Family Code section 271. C. Assess reasonable attorney fees against the non-complying party. D. Strike all or part of the non-complying party’s motion or response. E. Make other orders as the court may deem appropriate. (Revised July 1, 2025) 8.03.05 INFORMATION PRIVILEGED No documentation identified in rule 8.03.03, which is received by a party and/or their attorney of record, shall be disclosed to any non-litigation related third party. Disclosure in violation of this Rule shall result in the imposition of sanctions against the disclosing party pursuant to Code of Civil Procedure section 128.5 and/or Family Code section 271. (Revised July 1, 2025) 8.04.00 CHILDREN IN COURTROOM While children who are the subject of litigation may appear in the courthouse, it is the policy of the court not to have any subject child in the courtroom without the court’s prior knowledge and consent. Children shall remain in the hallway or elsewhere in the care of a responsible person. (Revised January 1, 2012) 8.05.00 ORDERS TO SHOW CAUSE/REQUEST FOR ORDER AND NOTICES OF MOTION (Revised January 1, 2024) 8.05.01 DATE, TIME, AND PLACE OF HEARING The date, time, and place of hearing on any family law motion or order to show cause shall be scheduled through the calendar clerk. (Revised January 1, 2012) 8.05.02 RESERVED FOR FUTURE USE (Revised January 1, 2024) 8.05.03 FORMAT OF REQUEST FOR ORDER, NOTICES OF MOTION AND ORDERS TO SHOW CAUSE AFFIDAVIT OF CONTEMPT The provisions of rule 4.00.02 shall apply. If a hearing is set on a request for order regarding child support or temporary spousal support, both the moving party and the responding party shall at the time of filing the moving papers or responsive declaration provide the court with the appropriate proposed court approved guideline support calculation printout. (Revised January 1, 2026) 8.05.04 FILING AND SERVICE OF SUPPLEMENTAL DECLARATIONS In any matter heard on the Court’s Law and Motion calendar, where a review hearing is scheduled or a hearing is otherwise continued to a new hearing date, the parties shall file and serve Supplemental Declarations no later than 10 calendar days prior to the next hearing date. Supplemental Declarations filed or served later than 10 calendar days prior to the next hearing date shall not be considered by the Court absent good cause. The served “Supplemental Declaration” shall be a copy of the papers filed or to be filed with the court. If the Supplemental Declaration is served by mail, the required 10-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State's address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States. If the Supplemental Declaration is served by electronic means, facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 10-day period of notice before the hearing shall be increased by two calendar days. If a Supplemental Declaration is ordered by the court to be filed prior to the next hearing date, and both parties or counsel fail to do so, the court may drop the hearing from its calendar. (Effective July 1, 2025) 8.05.05 APPLICATION FOR EX PARTE TEMPORARY CUSTODY ORDER An application for ex parte orders of temporary custody shall include, among other things, existing custody order(s) which party has physical custody, details as to how, when, where, and under what circumstances the party obtained physical possession, and other facts (not conclusions) showing the best interest of the child. (Effective January 1, 2012) 8.05.06 APPLICATION FOR EX PARTE ORDER FOR IMMEDIATE CHANGE OF PRIOR ORDER FOR CUSTODY OF MINOR Ex parte applications are governed by California Rules of Court, rule 5.151. A judge will only grant ex parte relief if the party requesting it shows a risk of irreparable harm or immediate danger. This is explained further in Family Code section 3064 and California Rules of Court, rule 5.151(d). An application for an ex parte order to change an existing order for the custody of any minor child must be supported by an affidavit or declaration showing clear, specific allegations that the health and welfare of the child require the immediate change of custody. It must also include a statement setting forth why an order shortening time would not be practicable. The affidavit or declaration shall also set forth, in brief, the circumstances under which the child will be placed pending hearing. (Revised January 1, 2024) 8.05.07 TENTATIVE RULING SYSTEM A. GENERAL. The Superior Court for El Dorado County adopts the following tentative ruling system pursuant to California Rules of Court, rule 3.1308(a)(1) for all matters set on the regularly scheduled law and motion calendars of both the Western Slope and South Lake Tahoe Branches. The tentative rulings can be obtained in two ways: (1) Online: The tentative rulings and complete written rationale for each tentative ruling will be posted on the El Dorado County Superior Court web site at www.eldorado.courts.ca.gov by no later than 2:00 p.m. on the court day preceding the date the matter is set on the law and motion calendar. The tentative ruling and the rationale can be viewed on the web site by clicking on the “Tentative Rulings” link. The tentative rulings are listed by department and calendar date. Simply click on the tentative rulings for the assigned department and then click on the date you wish to view. (2) By Telephone: The tentative rulings providing the disposition of the matter only, without the rationale, can also be obtained by calling the Western Slope Branch at (530) 621-6726 or the South Lake Tahoe Branch at (530) 573-3075 beginning at 2:00 p.m. on the court day preceding the date the matter is set on the law and motion calendar. B. TENTATIVE RULING PROCEDURE (1) Acceptance or Rejection of Tentative Ruling a. If you wish to accept the tentative ruling which has been issued, or do not wish to oppose it, you do not need to do anything. If no notice of intent to appear and request oral argument is received from any party to the matter by 4:00 p.m. on the day the tentative ruling is issued, the tentative ruling will automatically become the final order of the court pursuant to California Rules of Court, rule 3.1308(a)(1). b. If you do not wish to accept the tentative ruling in its entirety, you must give notice of your intent to appear and request oral argument as to the specific aspects of the tentative ruling you wish to challenge to both the court and all parties to the action through the procedures listed below by 4:00 p.m. on the day the tentative ruling is issued. If you do not give such notice and request oral argument by 4:00 p.m., the tentative ruling will become the final order of the court as provided in California Rules of Court, rule 3.1308(a)(1). (2) Notice of Intent to Appear and Request Oral Argument a. A notice of intent to appear and request oral argument must be transmitted to the court either electronically through the court’s website, or via telephone call by 4:00 p.m. on the day the tentative ruling is issued. b. Electronic requests must be sent directly from the tentative rulings link of the court’s web site by clicking on the “Request for Oral Argument” button on the department’s tentative ruling page. c. Phone requests must be placed to the Western Slope Branch at (530) 621-6725 or the South Lake Tahoe Branch at (530) 573-3042 and must provide all the information required on the request form found on the court’s website. d. Notice to all parties of your intent to appear must be made by telephone or in person pursuant to California Rules of Court, rule 3.1308(a)(1). (3) Scheduling of Oral Argument a. Matters in which the parties’ total time estimate for argument is 15 minutes or less will automatically be set for hearing on the law and motion calendar on the court day following the issuance of the tentative ruling unless otherwise notified by the court. The 15-minute time limit for argument heard on the law and motion calendar will be strictly enforced. For matters in which the parties’ total time estimate for argument is more than 15 minutes, the court will endeavor to set long cause oral argument requests for hearing within 10 court days of the issuance of the tentative ruling, or as soon thereafter as the matter can be heard. b. Notification of the selected hearing date for matters not automatically set for oral argument on the next day’s law and motion calendar will be provided to the requesting party by 5:00 p.m. on the date the tentative ruling is issued. c. Notification to all other parties of the hearing date for matters not automatically set for oral argument on the next day’s law and motion calendar is the sole responsibility of the requesting party. (4) Appearances a. Except where the tentative ruling states that “appearances are required” or, having received a request for oral argument of 15 minutes or less, the matter has been automatically scheduled for hearing on the next day’s law and motion calendar, no other appearances will be required nor permitted at the law and motion calendar on the day following the issuance of the tentative ruling. b. Unless otherwise indicated in the tentative ruling, appearances for oral argument may be made either in person or remotely per the Presiding Judge’s orders. (Revised July 1, 2024) 8.06.00 CONDUCT OF HEARING (Effective January 1, 1994) 8.06.01 TIME LIMITATIONS A short cause hearing shall have a maximum duration of 15 minutes, unless extended or further limited by leave of court. In the event either party in good faith believes that the matter cannot be completed in 15 minutes, they are to inform the court at the time the matter is called. The court may then set the matter for a long cause hearing or make such other order as may be appropriate under the circumstances. (Revised January 1, 2024) 8.06.02 LACK OF APPEARANCE Any matter in which there is no appearance by either party or their attorneys at the time of calendar call shall be ordered off calendar unless the courtroom clerk has been notified that there will be a late appearance or that the matter has been continued. (Revised January 1, 2012) 8.06.03 MATTERS TAKEN OFF CALENDAR If a matter is to be taken off calendar, the moving party shall, as soon as is reasonably possible, notify the calendar clerk and all parties who were served with the moving papers as soon as possible. (Revised January 1, 2012) 8.06.04 PREPARATION OF ORDER AFTER HEARING Unless otherwise ordered by the court, the moving party shall prepare and serve a written order following an appearance on the law and motion calendar under the legend “approved as conforming to court order.” The moving party shall have 10 calendar days to prepare and serve the proposed order after hearing on opposing counsel or in the case of an unrepresented litigant, the opposing party. Opposing counsel, or in the case of a litigant representing themselves, the opposing party, shall have 10 calendar days from the date of service, in which to approve the order and return the signed order to the preparer. The written objection shall state with specificity the nature of the objection and the proposed revisions. The parties shall meet and confer to resolve the disputes. If no written objection is served upon the preparing party within the 10 calendar days after service of the proposed order, then the preparing party shall submit the prepared order to the trial judge with a cover letter explaining why it is submitted without the approval and showing that a copy of said correspondence has been sent to the opposing counsel, or the opposing party in the case of a litigant representing themselves. The court may in its discretion and in appropriate circumstances, shorten the time for approval by the opposing counsel or by the opposing self-represented litigant, or dispense with the approval time altogether. The written proposed order and any written objections thereto may be served by facsimile transmission. If a written objection is served on the preparer, the objector shall give written notice to the court of the objection and the court shall set a hearing to resolve and determine the proper content of the order after hearing. All orders made by the court at a noticed motion or order to show cause hearing are effective immediately without the preparation of a formal order after hearing. (Revised January 1, 2012) 8.06.05 REMOTE APPEARANCES Remote appearances may be authorized at the discretion of the court in accordance with California Rules of Court, rule 3.672 and Local Rule 7.02.00. (Revised January 1, 2024) 8.07.00 EX PARTE ORDERS AND ORDERS SHORTENING TIME (Effective January 1, 1994) 8.07.01 DECLARATIONS REQUIRED Specific declarations must support requests for ex parte orders. (Effective January 1, 1994) 8.07.02 NOTICE Before submitting an ex parte order for a judge’s signature, parties must comply with all applicable Family Code, Code of Civil Procedure provisions, and California Rules of Court, rule 3.1203, including all requirements for declarations explaining that notice to the other party or attorney has been given, or the reason notice has not been given. (Revised January 1, 2012) 8.07.03 OPPONENT REPRESENTATION The party requesting ex parte orders must inform the judge in a declaration re: notice of ex parte application if the opposing party is represented by an attorney or is non-represented stating the name, address, and telephone number of the attorney or non-represented party, and the date and time notice has been given so the attorney or non-represented party may have an opportunity to oppose the application within 4 hours. (Effective January 1, 1994) 8.07.04 NOTICE EXCUSED Notice may be excused if, following a good faith attempt, the giving of notice is not possible or if the opposing attorney, or non-represented party, does not object to the ex parte orders sought. (Effective January 1, 1994) 8.07.05 SERVICE OF PAPERS Unless a declaration stating reasons why notice should not be required has been filed with the court, and absent a showing of exceptional circumstances; notice shall be given to the opposing side by 10:00 a.m. the court day preceding the ex parte application. The moving papers in support of an ex parte application shall be filed with the court at the first reasonable opportunity, no later than 2:00 p.m. the court day preceding the ex parte application in accordance with California Rules of Court, rule 3.1206. The moving papers shall be served by facsimile transmission where possible. (Revised July 1, 2012) 8.07.06 NOTICE WAIVED Notice may be waived if the giving of such notice would frustrate the very purpose of the order and lead the applicant to suffer immediate and irreparable injury. The declaration re: notice of ex parte application shall set forth detailed facts to show the grounds for waiver. The application and declaration for the orders requested might be considered by the court in determining whether a waiver should be granted. If a responding party requests an ex parte order be set aside prior to the date set for hearing, notice shall be given to the moving party. The court may order an earlier hearing date or modify the orders on a proper showing in lieu of setting aside the orders. (Effective January 1, 1994) 8.08.00 CONDITIONS FOR ISSUANCE OF ORDERS SHORTENING TIME (Effective January 1, 1994) 8.08.01 AFFIDAVIT If an order shortening time is requested, the supporting affidavit or declaration shall state, pursuant to California Rules of Court, rule 3.1201 whether the opposing party is represented by counsel and whether that party has been contacted and has agreed to the requested order shortening time. (Revised January 1, 2012) 8.08.02 NOTICE Notice shall be given to the opposing party in accordance with the requirements of California Rules of Court, rule 3.1203. (Revised January 1, 2012) 8.08.03 REASON TO BE STATED If the opposing party has not been contacted or agreed to the order shortening time, the supporting affidavit or declaration shall demonstrate why the hearing should be set on the proposed date without the consent of the opposing party. Generally, an affidavit or declaration in support of an order shortening time must show emergency circumstances unless it is solely to enable a responding party to obtain affirmative relief on a hearing date previously set by the opposing party. (Effective January 1, 1994) 8.09.00 CHILD AND SPOUSAL SUPPORT (Effective January 1, 1994) 8.09.01 RESERVED FOR FUTURE USE (Revised January 1, 2024) 8.09.02 SPOUSAL SUPPORT (Revised January 1, 2012) 8.09.03 TEMPORARY SPOUSAL SUPPORT In the typical case, spousal support for temporary awards is calculated at 40% of the supporting spouse’s net income and subject to reduction by 50% of the supported spouse’s net income. If child support is paid by one supporting parent for children of the relationship, the spousal support for temporary awards shall be calculated according to the formula adopted by Alameda County, as amended. These guidelines will be applied only to determine temporary spousal support awards. (Revised January 1, 2001) 8.09.04 NO LIMITATION ON COURT DISCRETION These guidelines are not intended to limit the court’s discretion except as otherwise provided by the Family Law Act or other applicable law. The court will take all circumstances into consideration to the extent permitted by law. (Revised January 1, 2001) 8.09.05 RESERVED FOR FUTURE USE (Revised January 1, 2024) 8.10.00 CHILD CUSTODY, VISITATION AND CHILD CUSTODY RECOMMENDING COUNSELING – GENERAL PROVISIONS (Revised January 1, 2012) 8.10.01 REFERRAL TO CHILD CUSTODY RECOMMENDING COUNSELING All contested custody and visitation matters including the legal terms used to define the parties’ relationship with the child or children must be scheduled for child custody recommending counseling (CCRC). However, if a child custody recommending counseling report has been issued within the past 6 months, a new child custody recommending counseling date shall not be set. The parties will be directed to appear in court on the scheduled hearing date. (Revised January 1, 2012) 8.10.02 CHILD CUSTODY RECOMMENDING COUNSELING SCHEDULING; SANCTIONS FOR FAILURE TO ATTEND OR LATE CANCELLATION OF APPOINTMENT The date and time for child custody recommending counseling will be set by the court. When your CCRC appointment is scheduled, you will be given a questionnaire requesting information about you, your children, your concerns, your proposals, and other pertinent information. You must fill out this questionnaire and turn it in prior to the CCRC appointment. If you want to meet separately with the Child Custody Recommending Counselor (“Recommending Counselor”), you may request this at the Clerk’s Office or from the Recommending Counselor. If you live more than 120 miles away from the courthouse where you are ordered to appear or have a documented medical condition that prohibits you from traveling, you may request Telephonic Appearance at child custody recommending counseling by filling out Local form F-102 at least five (5) days before your child custody recommending counseling appointment. The child custody recommending counseling appointment shall be considered a court date at which the parties shall appear. Failure to attend child custody recommending counseling or late cancellation (less than 48 hours’ notice) may result in sanctions. (Revised January 1, 2022) 8.10.03 APPOINTMENT OF CHILD CUSTODY RECOMMENDING COUNSELOR/EVALUATOR; STANDARDS; QUALIFICATIONS Whenever possible, the court shall appoint for each child custody recommending counseling, evaluation, assessment, investigation, or family study ordered under Family Code section 3110 or Evidence Code section 730 a child custody recommending counselor /evaluator whose skills, training and background are best suited to the particular needs of the family. (Revised January 1, 2012) 8.10.04 MINIMUM STANDARDS The minimum standards of qualification for performing child custody recommending counseling/evaluations are those possessed by: A. Person(s) to whom the parties stipulate in writing, subject to approval by the court; B. Court child custody recommending counselors or other county employees who meet statutory minimum requirements for child custody recommending counselors; or C. Mental health professionals who possess at least the statutory minimum requirements for family court child custody recommending counselors. (Revised January 1, 2012) 8.10.05 EX PARTE CONTACT PROHIBITED No party or attorney for a party shall initiate contact with a child custody recommending counselor/evaluator, orally or in writing, to discuss the merits of the case without notice to the other party and an opportunity to be present or to receive a copy of a written communication. A. The court shall advise all child custody recommending counselors/evaluators, attorneys, and parties of this prohibition at the time the order for child custody recommending counseling/evaluation is made. B. Nothing in this rule shall prohibit the child custody recommending counselor or evaluator from contacting either party or attorney provided that the other party or attorney is advised of such communication. Ex parte questions regarding the completed report (child custody recommending counseling recommendation and evaluation) will be allowed; however, the child custody recommending counselor/evaluator has the discretion to request concurrent contact. (Revised January 1, 2012) 8.10.06 PARTICIPATION OF CHILDREN The child custody recommending counselor/evaluator shall have discretion as to whether the lack of confidentiality shall be disclosed to the child(ren). The child custody recommending counselor/evaluator need only address this question after a specific inquiry by the child(ren). A. Children are not to be present for child custody recommending counseling sessions unless ordered by the court. The court and/or the child custody recommending counselor will determine whether and under what conditions a minor may be interviewed. B. Interviews with siblings can be separate at the discretion of the child custody recommending counselor/evaluator. (Revised January 1, 2015) 8.10.07 BOTH PARENTS TO BE INTERVIEWED If one party fails to appear for the child custody recommending counseling appointment, the child custody recommending counselor shall inform the court of the failure to appear by one party. The child custody recommending counselor may make professional collateral contacts, if appropriate, and report the collateral contact statements to the court. The child custody recommending counselor will not make any recommendation pursuant to California Rules of Court, rule 5.210(h)(4). (Revised January 1, 2015) 8.10.08 SUPERVISED VISITATION PROVIDERS A. APPLICABLE RULES. Standards and procedures for both professional and non-professional visitation providers are governed by the Family Code sections 3200 and 3200.5 and the California Rules of Court, Standards of Judicial Administration, Standard 5.20. B. LIST OF PROFESSIONAL VISITATION PROVIDERS. The Custody and Parenting Resource List (Local Form F-101) lists professional visitation providers and is available through the court’s website at www.eldorado.courts.ca.gov. The listed individuals/entities have identified themselves as professional supervised visitation providers and have submitted to the court a supervised visitation provider declaration and proof of the required training. Each provider’s declaration and proof of required training will be on file and maintained by court administration. C. PROFESSIONAL PROVIDERS NOT AFFILIATED WITH COURT. The professional visitation providers are not affiliated with the court and each visitation provider is independently responsible for compliance with any and all applicable legal requirements. The court does not endorse, evaluate, supervise, or otherwise monitor the visitation providers. D. PARTIES’ OBLIGATION. It is the obligation of each party to investigate and know that a professional or non-professional visitation provider meets the statutory qualifications, training and continuing education requirements. E. DECLARATION OF QUALIFICATIONS. All professional and nonprofessional supervised visitation providers must file with the court the Declaration of Supervised Visitation Provider (Professional) [Judicial Council form FL-324(P)] or Declaration of Supervised Visitation Provider (NonProfessional) [Judicial Council form FL- 324(NP)], or a declaration containing the same qualifications information, before the first supervised visit. In addition, each time a professional provider submits a report to the court, the professional provider must also file and serve on all parties, their attorneys, and the attorney for the child a new and current declaration. F. CURRENT DECLARATION OF VISITATION PROVIDER. “Current” means the Declaration of Supervised Visitation Provider (form FL-324(P) or FL-324(NP)) has been completed and signed within 10 days prior to filing the form with the court. In the event any information contained in the declaration has changed, an updated version must be filed and served by the provider on all parties, their attorneys, and the child’s attorney within five (5) days of the change in information. G. INELIGIBILITY OF VISITATION PROVIDER. In the event a visitation provider becomes ineligible to provide services for any reason (including, but not limited to, failure to meet the qualifications and training set forth in California Rules of Court, Standards of Judicial Administration, Standard 5.20, or Family Code section 3200.5) the provider must immediately contact all parties, their attorneys, and the child’s attorney, and must state, in writing, the reasons the provider is no longer eligible. Within five (5) days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s ineligibility. (Effective July 1, 2022) 8.11.00 CHALLENGES TO CHILD CUSTODY RECOMMENDING COUNSELORS OR EVALUATORS (Revised January 1, 2012) 8.11.01 ONE CHALLENGE PER PARTY Each party is allowed one peremptory challenge at the time of initiation of child custody recommending counseling or evaluation. (Revised January 1, 2012) 8.11.02 NO FURTHER CHALLENGES After an initial peremptory challenge, parties will be required to accept the next child custody recommending counselor/evaluator available. A child custody recommending counselor/evaluator will not be replaced after an initial challenge unless a written document is submitted proving, to the satisfaction of the court, a clear conflict of interest (inability to be objective). (Revised January 1, 2012) 8.11.03 SUBSEQUENT CHILD CUSTODY RECOMMENDING COUNSELING SESSIONS Cases returning to child custody recommending counseling within 6 months of a report being completed, or the last court date—whichever is the latest—will be reassigned to the same individual that completed the most recent report. (Revised August 1, 2016) 8.11.04 NO PEREMPTORY CHALLENGE AFTER FIRST INTERVIEW A child custody recommending counselor/evaluator will not be replaced after the initial interview with the parties, except for good cause. The request for replacement shall be heard on the regular court calendar by notice of motion. (Revised January 1, 2012) 8.12.00 PAYMENT OF CHILD CUSTODY RECOMMENDING COUNSELOR’S OR EVALUATOR’S FEES If the court orders a child custody recommending counseling/evaluation, and if any fees or costs will be charged for child custody recommending counseling and/or evaluation, the cost shall be apportioned equally among the parties. Either party can file a notice of motion to have the fees reallocated. (Revised January 1, 2012) 8.13.00 COMPLAINT PROCEDURE ABOUT CHILD CUSTODY RECOMMENDING COUNSELOR All complaints raised in connection with the evaluation procedure shall be submitted in writing to the court. A complaint about a child custody recommending counselor may be submitted by letter to the Court Executive Officer with proof of service of a copy to all other counsel and self-represented parties. The complaint must be submitted within 30 days of the child custody recommending counseling session. The Court Executive Officer, or his/her designee, will conduct an investigation of the matter, which may include consultation with the child custody recommending counselor, and shall respond to the complaint in writing to all parties within 30 days. The Child Custody Recommending Counseling Client Complaint Form is available at the court’s website or in the clerk’s office. (Revised January 1, 2015) 8.14.00 CHILD CUSTODY RECOMMENDING COUNSELING PROCESS (Revised January 1, 2012) 8.14.01 SUPPORT PERSONS A child custody recommending counselor may exclude a support person from, including a domestic violence support person pursuant to Family Code section 6303, from a child custody recommending counseling session if the support person participates in the child custody recommending counseling session, acts as an advocate, or the presence of a particular support person is disruptive or disrupts the process of child custody recommending counseling. (Revised January 1, 2012) 8.14.02 CONDUCT OF CHILD CUSTODY RECOMMENDING COUNSELOR In order to facilitate an agreement of the parties, the child custody recommending counselor may meet with the parties together or separately. The child custody recommending counselor may contact, meet with, or interview such other persons as the child custody recommending counselor deems appropriate, including, but not limited to, the children, relatives, friends, or employers. (Revised July 1, 2017) 8.14.03 CHILD CUSTODY RECOMMENDING COUNSELING AGREEMENT If the child custody recommending counselor reports an agreement to the court, the clerk shall direct the child custody recommending counselor’s agreement, stipulation, and order to a judge or commissioner. (Revised January 1, 2015) 8.14.04 CHILD CUSTODY RECOMMENDING COUNSELOR RECOMMENDATIONS If the parties do not reach a complete agreement, the child custody recommending counselor is required to submit recommendations regarding custody and visitation to the court. If the child custody recommending counselor reports a recommendation to the clerk, the clerk shall file the recommendation in the action. The child custody recommending counselor shall issue a report of the child custody recommending counseling outcome no later than 10 calendar days prior to the scheduled hearing date. (Revised January 1, 2012) 8.14.05 COPY TO BE PROVIDED A copy of the agreement or recommendation shall be provided to the court, to all counsel, and to non-represented adult parties. The report shall not be shown to or distributed to any non-litigation related persons. (Revised January 1, 2012) 8.14.06 RECOMMENDATION OF CHILD CUSTODY RECOMMENDING COUNSELOR If the parties cannot reach an agreement and the child custody recommending counselor reports a recommendation to the court, the recommendation shall be reviewed at the next calendared hearing date. (Revised January 1, 2012) 8.14.07 RESERVED FOR FUTURE USE (Revised January 1, 2019) 8.14.08 PRIVATE CHILD CUSTODY RECOMMENDING COUNSELING The parties may stipulate to have a private child custody recommending counselor attempt to resolve their disputes regarding custody and visitation. The parties must fill out an order for private child custody recommending counseling and submit that form to the court. (Revised January 1, 2012) 8.14.09 CONFIDENTIALITY OF CHILD CUSTODY RECOMMENDING COUNSELOR REPORTS AND EVALUATION REPORTS A. In any proceeding involving minor children and the issues of parentage, custody, visitation, or parenting time with such minor children, any written report, including, but not limited to, the following documents shall be deemed to be confidential: (1) Any Child Custody Recommending Counselor Report issued by a Family Court Services Child Custody Recommending Counselor or Family Court Services Investigator employed by the El Dorado County Superior Court, or any person or agency appointed by the court to conduct a mediation or evaluation involving minor children. (2) Any Child Custody and Investigation Report prepared and/or issued pursuant to Family Code section 3110, et seq. (3) Any report or recommendations prepared and/or issued pursuant to Evidence Code section 730. B. In any case in which any of the foregoing reports exist, those reports shall be maintained as confidential and shall be unavailable to any entities or persons except: (1) The court and its personnel. (2) Attorneys of record for the parties, or the parties themselves. In the event that a party to a proceeding obtains a copy of one of the foregoing reports, either directly or through its inclusion in a file that they receive from the court or their former legal counsel, they shall be subject to the rules regarding confidentiality, dissemination, and copying of the reports, and the penalties proscribed for the violation of those rules. (3) Private mediators, Family Code section 3111 or Evidence Code section 730 custody evaluators, psychologists or psychiatrists engaged in psychological profiling or evaluation of one or both of the parties. (4) Any other person or entity to whom the court expressly grants access by written order made with prior notice to all parties. C. All persons and/or entities having access to a report issued by a Family Court Services Child Custody Recommending Counselor, Family Court Services Investigator, or an evaluator appointed pursuant to Family Code section 3110, et seq., or Evidence Code section 730, are prohibited from making copies of the report, disseminating the report, or disclosing the contents, agreements, or recommendations contained in that report to any child who is the subject to the report, family members or relatives of the parties, or to any other person or entity not expressly authorized to receive the report under subsection (B), except in the following circumstances: (1) If the agreements and/or recommendations contained in any such report are adopted by the court as orders, then those agreements and recommendations may be quoted or incorporated verbatim in subsequent orders prepared for the court’s execution and filing. (2) If the agreements and/or recommendations contained in any such report are adopted by the court as orders, only that portion of the report containing those specific agreements and recommendations adopted by the court may be attached to subsequent court orders, if attachment of that portion of the report would lend itself to the brevity and/or clarity of the court’s orders. (3) Upon the issuance of a prior court order permitting the copying, dissemination, or disclosure of the report and its contents to a person or entity previously prohibited from receiving this information. a. In the event of a police, Child Protective Services, or related investigation in which the welfare or safety of a minor child is at issue, and there is not sufficient time to obtain a court order permitting the disclosure of the information. D. In the event that any person, entity, or attorney fails to maintain the confidentiality of a report, they shall be subject to the imposition of sanctions by the court in the form of monetary fines or penalties, and/or restriction of their access to any existing or future confidential reports. (Revised January 1, 2015) 8.15.00 EVALUATION (Effective January 1, 1994) 8.15.01 EVALUATION UNDER FAMILY CODE SECTION 3110 A. Any case in which custody or visitation remains in dispute after completion of child custody recommending counseling, may, in the discretion of the court, be referred for evaluation. B. The case shall not be referred to the person who conducted the child custody recommending counseling for evaluation unless the parties so stipulate. C. As an alternative to a court evaluation and subject to the court’s approval, the parties by stipulation may nominate a private evaluator to perform an evaluation of the pending matter and to render a written report and recommendation to the court under Family Code section 3110. (Revised July 1, 2013) 8.15.02 EVALUATION REPORT If an evaluation is ordered, the court shall establish a specific return date to court, and the order shall state the date the evaluator shall return the report. The date may be extended by order of the court or written agreement of the parties. The report shall be in writing and shall be distributed to the court, to all counsel, and to non-represented adult parties. The report, and information contained in the report, shall only be used in a legal proceeding and for no other purpose and shall not be shown or distributed to any non-litigation related third persons. (Revised January 1, 2012) 8.15.03 TESTIMONY OF EVALUATOR As employees of the superior court, witness subpoenas for child custody recommending counselors are governed by Government Code sections 68097.1 and 68097.2, including the subpoenaing party’s obligation for all statutory fees and salary reimbursements. A. COUNSELOR’S AVAILABILITY AND SERVICE OF PROCESS. Before serving the subpoena, the party must first contact the family law clerk’s office to confirm the counselor’s availability on the scheduled hearing date and time. After confirmation of the counselor’s availability, the subpoena must be served at least 10 calendar days before the hearing along with the required fee deposit. B. APPEARANCE. If the counselor’s appearance will no longer be required, the subpoenaing party must notify the family law clerk’s office at the earliest opportunity. If the hearing date has been continued and the counselor’s appearance is still required, a new subpoena will not be necessary if the subpoenaing party does both of the following: (1) contacts the family law clerk’s office at the earliest opportunity to determine the counselor’s availability on the continued hearing date, and (2) immediately provides the family law clerk’s office written notice that the counselor’s appearance is required on the new date and time. If, at the time of the hearing, the counselor is no longer an employee of the superior court, is on leave, or other circumstances prevent the court from producing the counselor as a witness in response to the subpoena, the court will assign the case for another child custody recommending counseling session with a different counselor. C. DEPOSITIONS. The court will not order depositions of counselors absent a showing of extraordinary good cause. (Revised July 1, 2015) 8.15.04 STIPULATIONS FOR USE OF SPECIAL MASTER IN CHILD CUSTODY CASES A. “Special Master” designates the person appointed pursuant to Code of Civil Procedure section 638 in family law custody cases to make decisions about custody related issues other than decisions involving the substantial modification of legal or physical custody. Use of a Special Master is intended as an alternative to frequent, continuing custody litigation. The Special Master may be a mental health professional or attorney. The family law courtrooms will publish a list of individuals who possess the minimum qualifications deemed appropriate by the court to serve as a Special Master and will provide a packet of materials with more specific information about appointment of a Special Master. B. Parties may use a Special Master by agreement and written stipulation and order only. The court will not order parties to use a Special Master. Upon execution of a stipulation appointing a Special Master which stipulation includes a specific time period during which parties agree to participate with the Special Master, the court will enforce such a stipulation for the time period designated by the parties. C. Upon appointment of a Special Master by stipulation of the parties, the Special Master may make decisions which, in the absence of an objection raised by a party by timely filing a motion with the court as more specifically set forth in the stipulation appointing the Special Master, will have the effect of a court order. D. A sample Special Master stipulation will be available in the family law courtrooms. Although parties may develop individual stipulations appointing a Special Master, any stipulation, to be enforced by the court, must include the following specific provisions: (1) A grievance procedure which conforms to the procedure set forth in the sample Special Master stipulation; (2) A term of appointment; (3) A definition of the scope of authority of the Special Master; (4) A statement of quasi-judicial immunity; (5) A hearing process; (6) A decision process; and (7) An agreement for payment of fees charged by the Special Master. (Revised January 1, 2016) 8.16.00 AWARD OF ATTORNEY’S FEES, COSTS, AND SANCTIONS (Revised July 1, 2014) 8.16.01 GOVERNING LAW Attorney’s fees and costs shall be awarded as authorized by statute or case law. (Effective January 1, 1994) 8.16.02 FACTORS TO BE CONSIDERED IN SETTING FEES AND COSTS The party requesting fees and costs should expect to present evidence in his or her moving papers on the following issues: A. The nature of the litigation; B. Its complexity; C. The amounts involved; D. The financial circumstances of the parties (“need” and “ability to pay”); E. The skill required; and F. The professional standing and reputation of the attorneys. The conscientious efforts of counsel to resolve as many areas of disagreement as possible without judicial intervention is entitled to serious consideration in awarding attorney’s fees pursuant to Family Code section 271. (Revised January 1, 2016) 8.16.03 DOCUMENTATION IN SUPPORT OF AWARD OF FEES OR COSTS Rules 8.16.04 and 8.16.05 apply whether the request for an award is noticed or without notice. (Effective January 1, 1994) 8.16.04 INCOME AND EXPENSE DECLARATION Fees and costs will not be awarded unless an Income and Expense Declaration (Judicial Council form FL-150) is submitted with each item fully and accurately completed. If a party intends to rely on a previously filed income and expense declaration, this must be stated in a declaration under penalty of perjury, stating that there are no changes from the declaration filed by the party, giving the date the previously filed declaration was filed. (Revised July 1, 2013) 8.16.05 DECLARATION TESTIMONY AND BILLINGS Declaration testimony of experts in support of prospective cost awards will be allowed. Where an expert submits a report that has been attached to a statement of issues, a billing based on that service may be admitted at any hearing where the report itself may be received. (Effective January 1, 1994) 8.17.00 SANCTIONS (Effective January 1, 1994) 8.17.01 ATTORNEY’S FEES In addition to the foregoing factors, the various factors of Code of Civil Procedure section 128.5 and Family Code section 271 may bear on the award of attorney’s fees to either side, including the resistance of a request for an award on the basis that the services were not “reasonably necessary” to the prosecution of the proceeding. (Revised January 1, 2012) 8.17.02 OTHER SANCTIONS If any party or attorney fails at any stage of the proceedings to substantially comply with the requirements of the current guidelines, Local Rules, or California Rules of Court, the court may order the case off calendar, proceed to hear the matter on a default basis, proceed under any condition the court finds proper, award attorney’s fees, or impose other appropriate sanctions. (Effective January 1, 1994) 8.18.00 TRIAL SETTING CONFERENCE (Effective July 1, 2025) 8.18.01 DATE, TIME, AND PLACE OF CONFERENCE Upon the filing of a Request for Trial Setting Conference pursuant to Rule 8.20.01, the court shall set the time, date, and place of the conference. To the extent possible, such Trial Setting Conference shall be held within 30 days of filing of the request. (Revised July 1, 2025) 8.18.02 CONTINUANCES BECAUSE OF CONFLICT In the event any counsel has a conflict with a date specified for status/trial setting conference, said counsel must notify the court in writing within 15 calendar days of the date of mailing of notice of Status/Trial Setting Conference by the clerk. In the event any counsel fails to do so and thereafter request a continuance because of calendar conflict, said counsel must file a noticed motion, unless otherwise ordered by the court. (Revised July 1, 2013) 8.18.03 ATTENDANCE Each attorney attending the Trial Setting Conference shall have a thorough knowledge of the evidence and shall be prepared to discuss the facts and law pertaining to all issues then pending and to be resolved at trial. (Revised July 1, 2025) 8.18.04 RESOLUTION OF ISSUES The parties are expected to resolve all or as many issues as possible prior to the Trial Setting Conference. Bifurcation of issues is to be recognized as an expedient manner in which to accomplish this goal. (Revised July 1, 2025) 8.18.05 COUNSEL/PARTIES’ ATTENDANCE Parties, or counsel if represented, are expected to attend the Trial Setting Conference unless specifically directed not to do so by the court. Parties, or counsel if represented, are authorized to appear remotely, without the need to submit the Remote Appearance Request form. (Revised July 1, 2025) 8.18.06 SANCTIONS Sanctions for failure of attorneys or parties to attend the Trial Setting Conference shall be pursuant to Rule 7.12.11. (Revised July 1, 2025) 8.19.00 STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE CASE (Revised July 1, 2025) 8.19.01 FILING DATE Except in Domestic Violence Restraining Order proceedings, where a family law matter is set for contested trial or long-cause evidentiary hearing, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” no later than 10 calendar days prior to the settlement conference or 10 calendar days prior to the trial date or long-cause evidentiary hearing, whichever is greater. In no event should the “Statement of Issues, Contentions and Proposed Disposition of the Case” be served and filed less than 10 calendar days before the trial or long-cause evidentiary hearing. The served “Statement of Issues, Contentions and Proposed Disposition of the Case” shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 10-day period of notice before the trial or long-cause evidentiary hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State's address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 10-day period of notice before the trial or long-cause evidentiary hearing shall be increased by two calendar days. If both parties fail to file a statement pursuant to this part, the matter shall be dropped from the trial calendar. Failure by one party will allow the complying party to continue the cause and may result in the imposition of sanctions. The purpose of the statement is to assist the trial judge, and the time for filing of a statement may not be extended by stipulation. (Revised July 1, 2025) 8.19.02 CONTENTS Statements under this rule shall include a full and complete statement of property, income, and expenses. Information contained in a filed final disclosure statement as required by Family Code section 2105 may be incorporated by reference, with a copy of the statement to be attached. The statement shall set forth the following information in the following order, as it applies to the party filing, except as hereafter provided: A. CAPTION. The caption shall contain the date time and department of the trial. B. STATISTICAL INFORMATION. The length of the marriage, the names and dates of birth of the minor children and any unusual facts shall be stated. C. AGREEMENTS, STIPULATIONS AND ORDERS. Each party shall set out the terms of all pretrial agreements and stipulations entered into by the parties, and all orders currently in effect. D. CUSTODY AND VISITATION. Each party shall set forth specific proposals for custody and visitation of the minor children. E. SEPARATE PROPERTY. List each item of separate property, the date it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature e, extent, and terms of payment of any encumbrance against the property, the manner in which title thereto is presently vested, and the record title data. F. COMMUNITY PROPERTY. List each item of community property, the date it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent, and terms of payment of any encumbrance against the property, the manner in which title thereto is presently vested, and the record title data. Each party shall propose disposition of community assets in the following format: ASSET FMV ENCUM NET H W The values shall be totaled and copies of any appraisals shall be attached. The appraisal shall be admitted into evidence subject to cross-examination and motions to strike, unless an objection is filed with the court prior to the trial date. The proposal for the division of community property shall contain a statement of the party’s position and the facts supporting it. G. DEBTS. Separately list all debts and obligations of the parties which are liabilities of the community and, so far as known, debts and obligations which are alleged to be the separate liabilities of the respective spouses. Specify the identity of the creditor, the purpose for which the debt was incurred, the date upon which the debt was incurred, the balance currently due thereon, the terms of payment, and the security, if any, held by the creditor. The obligations shall be listed in the following format: CREDITOR DATE OF SEPARATION. BALANCE CURRENT BALANCE DATE/AND CURRENT PAID BY W DATE/AND CURRENT PAID BY H H. FUNDS HELD BY OTHERS. To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculation, and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans should be set forth. I. TRACING. If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, with dates, values, and dollar amounts, the transactions relevant to the tracing issue, as well as the basis for computation or proration. J. PROPOSAL FOR PROPERTY DIVISION. Set forth a proposed equal division of community property of the parties, giving due consideration to the liabilities, costs, and attorney’s fees. K. REIMBURSEMENT CREDITS. All issues of reimbursement shall include a discussion of the applicable law. L. CURRENT INCOME AND EXPENSES. Specify and set forth current income and expenses by completing and filing an income and expense declaration in the form prescribed by the California Rules of Court. Previously filed income and expense declarations shall not be considered as compliance with this requirement. M. CHILD SUPPORT. Each party shall set forth a proposal for child support in conformity with Family Code sections 4051 – 4068 and local guidelines along with the computations upon which the party relies. N. SPOUSAL SUPPORT. Any proposal for spousal support shall include a statement of the appropriate tax consequences, if any, to be considered; a proposal for the duration of support; and a statement of the factors under Civil Code sections 3651, 3653, 3654, 4320, 4330 – 4339 upon which the party relies to support his or her request. O. ATTORNEY FEES. The party requesting an award of attorney fees shall submit a statement of the time spent, amount charged, amount already paid, and the source of funds. P. SANCTIONS. A party requesting attorney fees and sanctions pursuant to Code of Civil Procedure section 128.5 and/or Family Code section 271 shall indicate the extent to which that conduct frustrates the policy to promote settlement and reduce the cost of litigation by encouraging cooperation. (Revised January 1, 2012) 8.19.03 MANDATORY SETTLEMENT CONFERENCES IN FAMILY LAW CASES A. Prior to the date set for trial or long-cause evidentiary hearing, a mandatory settlement conference shall be held. B. Counsel, the parties, and all persons with full authority to settle the case shall personally attend the conference, unless excused by the Court for good cause. If any consent to settle is required for any reason, the person with that consensual authority must be personally present at the conference, unless excused by the Court for good cause. C. No later than 10 calendar days before the date set for the settlement conference, each party shall file an original and two (2) copies of a Statement of Issues, Contentions, and Proposed Disposition of the Case with the court as required by Local Rule 8.19.02. The opposing party shall also be served no later than 10 calendar days prior to the settlement conference. Counsel/parties must comply with Local Rule 8.19.01 regarding service of documents. The statement shall set forth a good faith proposal for the disposition of the case. D. Counsel and the parties must be fully prepared to participate in the conference and must do so in good faith. The court may impose sanctions for the failure to comply with this rule as provided by statute and the rules of court. (Revised July 1, 2025) 8.20.00 CONTESTED TRIALS AND EVIDENTIARY HEARINGS A Trial in a family law matter shall be defined as a final hearing wherein the parties are provided the opportunity to present evidence, call witnesses, and give testimony, with the presiding judicial officer ruling on all remaining family law issues. An evidentiary hearing in a family law matter shall be defined as a hearing wherein the parties are provided the opportunity to present evidence, call witnesses, and give testimony, with the presiding judicial officer ruling on a bifurcated issue, or issues, arising from the case, but not all remaining family law issues. In accordance with the California Rules of Court, the term “trial day” is defined as a period of no less than two and a half hours of a single court day and a “long-cause hearing” is defined as a hearing on a request for order that extends more than a single court day. The term “short-cause” shall refer to any evidentiary hearing or trial lasting two and a half hours or less. (Revised July 1, 2025) 8.20.01 TRIAL/EVIDENTIARY HEARING SETTING Local Form F-5 Request for Trial Setting Conference – Family Law West Slope shall be filed in the West Slope or Local Form F-6 Request for Trial Setting Conference – Family Law SLT shall be filed in South Lake Tahoe with the court along with a proof of service to the opposing counsel/party before any contested case may be set for trial or evidentiary hearing. The Court, on its own motion, or at the request of a party during a law and motion proceeding, may set a contested case for trial or evidentiary hearing. (Revised January 1, 2026) 8.20.02 POST-TRIAL JUDGMENT After a contested trial of one day or less, at which no statement of decision is requested, the party directed by the court shall prepare the judgment in accordance with the court’s decision and shall submit it to opposing counsel for signature under the legend, “Approved as conforming to court Order.” Opposing counsel shall have 10 calendar days from receipt in which to approve the judgment. If not so approved, the preparing party may submit the prepared judgment to the trial judge with a cover letter explaining why it was submitted without such approval and showing that a copy of said correspondence has been sent to opposing counsel. After a status-only judgment ordered in open court, the party directed by the court shall prepare the judgment in accordance with the court’s decision and shall submit it directly to the court for its approval. (Revised January 1, 2015) 8.20.03 TRIAL AND LONG-CAUSE EVIDENTIARY HEARING EXHIBITS A. Counsel or self-represented parties shall meet and confer1 at least 10 calendar days prior to the start of any trial or long-cause evidentiary hearing and shall exchange all intended exhibits to be introduced at the trial or evidentiary hearing. Parties or counsel are encouraged to exchange exhibits by electronic transmission where possible. Parties or counsel in Domestic Violence Restraining Order (DVRO) proceedings shall comply with the local rules regarding exhibits. Parties in DVRO matters shall exchange exhibits consistent with this rule. B. Exhibits shall be listed, with petitioner’s exhibits to be listed serially by number, and respondent’s exhibits listed alphabetically. (1) Exhibits shall be marked with appropriate stickers. (2) On the Exhibit Lists, the opposing party shall indicate by their initials in the appropriate box if they stipulate to the admission of the exhibit or if they stipulate that the exhibit does not need a foundation established. (3) The original of the Exhibit List, and a copy for the judge, shall be delivered to the clerk before the trial or evidentiary hearing begins. C. Copies of all exhibits shall be presented to the other party. 1 Self-represented parties in Domestic Violence Restraining Order Cases are not required to meet and confer with the other party or counsel pursuant to Local Rule 8.01.00 and California Rule of Court 5.98. D. The originals shall be placed in a standard binder and given to the judge for their use during trial. A duplicate copy of this binder shall be provided for the use of witnesses during trial. Exhibits shall be separated by tabbed separators, numbered for petitioner’s exhibits and lettered for respondent’s exhibits. A party desiring to refer to an exhibit shall refer the witness to the tab number or letter of that exhibit. If there are 10 or fewer exhibits, the marked exhibits shall be delivered to the clerk, together with copies for the judge along with an exhibit list. E. Counsel is advised that if exhibits are tendered at trial that were not pre-marked and otherwise handled as set forth above, they must be prepared to show good reason why this was not done. Sanctions may be imposed by the court for failure to comply with this procedure. F. At the discretion of the Court, it may, on its own motion at the time of setting a short-cause evidentiary hearing, order the parties/counsel to exchange trial exhibits by a specific date before the short-cause evidentiary hearing. G. For purposes of the retention, destruction, and return of exhibits, exhibits in family law cases shall be treated as exhibits in all civil cases. Please refer to Local Rule 7.11.03. (Revised July 1, 2025) 8.20.04 LONG CAUSE CONTESTED EVIDENTIARY HEARINGS AND TRIAL BRIEFS In any cases where a Mandatory Settlement Conference is not set, any long cause contested evidentiary hearing brief or trial brief by either party shall be filed and served at least 10 calendar days before the scheduled long cause contested evidentiary hearing or trial date. No briefs will be accepted on the day of the long cause contested evidentiary hearing or trial. (Revised July 1, 2025) 8.20.05 MOTIONS IN LIMINE All motions in limine shall be filed and served at least five (5) calendar days prior to the trial or evidentiary hearing date. (Revised July 1, 2025) 8.20.06 COURT REPORTER FEES In Superior Court, there shall be a court reporter fee as set in the court’s Uniform Civil Fee Schedule. All parties shall provide, and post, court reporter fees pursuant to Government Code section 68086. Fees for proceedings lasting less than one hour shall be posted by the moving party as directed by the court. Fees for proceedings lasting more than one hour, including trials, shall be posted as directed by the court or at the beginning of any long cause hearing or trial. Failure to provide and post court reporter fees pursuant to statute and these rules shall be cause for the hearing or trial to be postponed or continued at the discretion of the court. The court may award attorney’s fees and/or sanctions against the non-complying party. (Revised January 1, 2024) 8.20.07 WITNESS LISTS A. No later than 10 calendar days prior to the mandatory settlement conference, trial, or long-cause evidentiary hearing date, whichever is earliest, each party shall file and serve on the other parties an initial list identifying all lay witnesses and expert witnesses the party intends to call at trial. B. 10 days prior to trial or long cause evidentiary hearing, parties may file and serve an amended witness list identifying all persons intended to call at trial. C. In its discretion and on its own motion, the Court, may, at the time of setting a short-cause evidentiary hearing, order the parties/counsel to file and serve witness lists by a specific date before the short-cause evidentiary hearing. D. Parties or counsel in Domestic Violence Restraining Order (DVRO) proceedings shall comply with the local rules regarding witness lists. Parties in DVRO matters shall exchange witness lists consistent with this rule. (Revised July 1, 2025) 8.21.00 DEFAULT OR UNCONTESTED JUDGMENT (Effective January 1, 1994) 8.21.01 HEARING Where a judgment of dissolution is to be obtained by written agreement of the parties after a response has been filed (uncontested) or by default, judgments should be obtained by declaration without the necessity of a hearing. However, a hearing may be set upon request of a party or by court order. (Effective January 1, 1994) 8.21.02 FORMAT OF JUDGMENT The judgment shall be prepared on Judicial Council form FL-180, and shall comply with the following provisions: A. The original of the proposed judgment, including any marital settlement agreement, shall be submitted to the court clerk. B. All orders concerning child custody, visitation, child support, spousal support, attorney’s fees, the division of community property and confirmation of separate property may be set forth either in the body of the judgment, or in an attached agreement incorporated in the judgment by reference. C. No award of child support, spousal support or attorney’s fees shall be granted unless there is either an attached written agreement between the parties settling those issues, or there is sufficient information on which a court may base such an award, including an executed and fully completed income and expense declaration (with information concerning both parties where available) attached to and served with the Request to Enter Default. D. The signature of the judge shall not follow any attached agreement of the parties, but shall be set forth on the judgment following the orders of the court. E. All parties and their attorneys of record must sign the Martial Settlement Agreement. All respondents upon whom default has been taken must have his or her signature acknowledged by a notary, if not represented by counsel. If only one party is represented by counsel, the attorney for that party must sign the agreement and the other party must sign a statement in agreement or a declaration or affidavit that the party has been advised to consult an attorney regarding the agreement but declined to do so. The requirement of acknowledgment by parties not represented by counsel does not apply to stipulated judgments prepared and submitted by the Department of Child Support Services. (Revised January 1, 2015) 8.21.03 UNCONTESTED JUDGMENTS GRANTED IN OPEN COURT After an uncontested judgment to which the parties stipulate in open court, provided the court states on the record the orders to be included in the judgment, the party directed by the court shall prepare the judgment in accordance with the court’s orders, and shall submit it to opposing counsel for signature under the legend, “Approved as conforming to court order.” Opposing counsel shall have 10 days from receipt in which to approve the judgment. If not so approved by opposing counsel, the preparing party may submit the proposed judgment to the trial judge with a cover letter explaining why it was submitted without such approval and showing that a copy of said correspondence has been sent to opposing counsel. (Effective January 1, 2015) 8.22.00 CONTENTS OF JUDGMENT (Effective January 1, 1994) 8.22.01 CUSTODY AND VISITATION Where the judgment is taken by default, and there is no attached written agreement of the parties concerning custody and visitation, an attached factual declaration shall set forth the following: A. Where the party is seeking joint custody, what contact with the child the defaulting party shall have. B. Where the party is seeking to deny visitation between the child and the defaulting party, the reasons why visitation should not be ordered. C. In preparing the declaration, the party shall inform the court when the parties were separated, who has been the primary caretaker of the child during the immediate past 6 months, and the extent of contact between the child and the non-caretaker parent during that time. (Effective January 1, 1994) 8.22.02 CHILD SUPPORT Where judgment is obtained by default, and there is no attached written agreement concerning child support: A. An attached declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the net incomes of each party, the name and birth date of each child, the percentage of time each party has physical custody of the child(ren), the amount of support as determined in the case of each child by Family Code sections 4051 – 4068. B. Where a support order is sought and the party to whom support is to be paid is receiving public assistance, that fact shall be set out in the judgment and support shall be ordered payable to the Department of Child Support Services. C. Any written agreement regarding child support shall comply with the provisions of Family Code section 4063. (Revised January 1, 2012) 8.22.03 SPOUSAL SUPPORT The issue of spousal support for each party must be addressed. A support amount may be requested, support may be terminated, or the issue of support may be reserved. If a request for support is by default, the party shall attach a declaration stating the effective date of the order, the amount of support sought, and the net incomes of each party. (Effective January 1, 1994) 8.22.04 RESTRAINING ORDERS All restraining orders in a judgment issued pursuant to Family Code section 2045 must be followed by the date of expiration of such order; good cause for granting such order(s) shall be set forth in attached declaration(s). (Revised July 1, 2001) 8.22.05 DIVISION OF COMMUNITY PROPERTY No division of community property (assets or obligations), or confirmation of separate property, will be ordered unless there is one of the following: A. An attached written agreement between the parties settling those issues; or B. An order of the court at a hearing or trial dividing the community property and confirming any separate property; or C. When the judgment is obtained by default without agreement, proof provided to the satisfaction of the court that the respondent was given notice of the proposed division of community property and confirmation of any separate property at least 30 days in advance of the submission of the proposed default judgment. Such proof shall be satisfied by one of the following: (1) A proposed property division, including proposed values of assets and debts, contained within or attached to the initial petition or an amended petition, along with proof of service indicating the documents were properly served on the respondent; or (2) A completed and filed property declaration, with a proposed division of property and proposed values of assets and debts, along with proof of service indicating the documents were properly served on the respondent. (Revised January 1, 2016) 8.23.00 APPOINTMENT OF COUNSEL FOR CHILD(REN) (Effective January 1, 1994) 8.23.01 EDUCATION AND EXPERIENCE REQUIREMENTS A. PURPOSE. This rule is established to ensure that attorneys appointed to represent the best interests of a child in a family law custody and visitation proceeding meet the appointment requirements of California Rules of Court, rule 5.242. B. EDUCATION REQUIREMENTS. Prior to being appointed as counsel to represent the best interests of a child in a custody or visitation proceeding under Family Code section 3150, counsel must demonstrate that he or she is an active member of the State Bar of California, has professional liability insurance or demonstrate to the court that he or she is adequately self-insured, and complete at least 12 hours of education and training, including all of the following: (1) Statutes, case law and court rules relating to child custody and visitation; (2) Representation of a child in custody and visitation proceedings; (3) Special issues in representing a child, including stages of child development; communication with a child at different stages of development and presenting the child’s view; recognizing, evaluating, and understanding evidence of child abuse and neglect, family violence and substance abuse, cultural and ethnic diversity, and gender specific issues; the effects of domestic violence and child abuse and neglect on children; and working effectively with multidisciplinary experts. C. ANNUAL RECERTIFICATION. To remain eligible for appointment, counsel must annually complete a minimum of eight (8) hours of training in the subjects listed above. D. DEMONSTRATION OF COMPLIANCE WITH REQUIREMENTS. No later than 10 days after being appointed and prior to beginning work on a case counsel shall file a declaration with the court demonstrating compliance with the requirements set forth in California Rules of Court, rule 5.242 and this rule. Counsel may use form FL-322, Declaration of Counsel for a Child Regarding Qualifications. This form may also be used to demonstrate eligibility for annual reappointment. If any disciplinary action is taken by the State Bar of California against an attorney who has been appointed to represent a child under this rule and California Rules of Court, rule 5.242, he or she must advise the court within five (5) days of the action stating the basis of the complaint, result, and notice of any reproval, probation, or suspension. E. EXPERIENCE REQUIREMENTS: (1) Initial Experience Requirements. To be appointed counsel in a family law proceeding, counsel must have represented a party or a child in at least 6 proceedings involving child custody within the previous five (5) years. At least 2 of the 6 must have involved contested custody and visitation issues, and no more than 3 of the 6 may be dependency or guardianship proceedings. (2) Alternative Experience Requirements. If an attorney does not meet the initial experience requirements set forth above, he or she must meet one of the following alternatives: a. Be employed by a legal services organization or government agency, or employed by a private law firm that has previously been approved by the court as qualified to represent children in family law proceedings and be supervised by an attorney who has met the initial experience requirements; or b. Be an attorney working in consultation with a qualified attorney; or c. Demonstrate substantial equivalent experience to the satisfaction of the court. (Revised July 1, 2014) 8.23.02 RIGHTS AND RESPONSIBILITIES OF APPOINTED COUNSEL FOR A CHILD Counsel appointed to represent the best interests of a child in a custody or visitation proceeding shall have the rights and responsibilities enumerated in California Rules of Court, rule 5.242(i), (j) and (k), in addition to the statutory rights and duties conferred by California law. (Revised July 1, 2009) 8.24.00 TITLE IV-D CASES (DEPARTMENT OF CHILD SUPPORT) (Revised January 1, 2015) 8.24.01 DEFINITIONS As used in this section 8.24.00, the following terms have the following meanings: A. “Title IV-D” cases are those cases described by Family Code section 4251. B. “Commissioner” means a person appointed as a Superior Court commissioner. C. “IV-D Time” means the time spent by a commissioner on Title IV-D cases. (Effective July 1, 1997) 8.24.02 COMMISSIONER AND TITLE IV-D CASES A commissioner of this court may sit on Title IV-D cases. The commissioner shall keep track of his or her IV-D Time. (Revised July 1, 2013) 8.24.03 POWERS OF COMMISSIONER IN TITLE IV-D CASES A commissioner shall have all the powers enumerated in Family Code section 4251(d). (Effective July 1, 1997) 8.24.04 CONTESTED CUSTODY AND/OR VISITATION ISSUES RAISED IN TITLE IV-D CASES A commissioner of this court may hear contested custody and visitation issues in his or her capacity as a commissioner or temporary judge. Said issues shall be severed from the Title IV-D case in which raised and tried separately. The time spent on such severed issues shall not be changed as IV-D Time. This rule is intended to comply with the provisions of Family Code section 4251(e)(3). (Revised July 1, 2013) 8.25.00 FAMILY LAW FACILITATORS (Effective January 1, 1998) 8.25.01 OFFICE OF FAMILY LAW FACILITATOR Each division of the Superior Court shall maintain an office of family law facilitator pursuant to the provisions of the Family Law Facilitator Act (Family Code Division 14). (Effective January 1, 1998) 8.25.02 FACILITATOR SERVICES The family law facilitator shall provide the services as set forth in Family Code section 10004 and shall act in all types of cases described in Family Code section 10003. (Effective January 1, 1998) 8.25.03 ADDITIONAL DUTIES OF THE FAMILY LAW FACILITATOR The Bench Officer presiding over any case described in Family Code section 10003 may designate any of the following duties to be performed by the Family law Facilitator: A. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Family Code section 10012. Actions in which one or both of the parties are non-represented by counsel shall have priority. B. Drafting stipulations to include all issues agreed to by the parties, which may include issues other than specified in Family Code section 10003. C. If the parties are unable to resolve issues with the assistance of the family law facilitator, prior to or at the hearing and at the request of the court, the family law facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the judge whether or not the matter is ready to proceed. D. Assisting the clerk in maintaining records. E. Preparing formal orders consistent with the court’s announced order in cases where both parties are non-represented. F. Serving as a special master in proceedings and making findings to the court unless he or she has served as a child custody recommending counselor in that case. G. Providing the services specified in Division 15 (commencing with Family Code section 10100). Except for the funding specifically designated for visitation programs pursuant to section 669B of Title 42 of the United States Code, Title IV-D child support funds shall not be used to fund the services specified in Division 15 (commencing with Family Code section 10100). H. Providing the services specified in Family Code section 10004 concerning the issues of child custody and visitation as they relate to calculating child support if funding is provided for that purpose. I. In addition to the above duties, the Bench Officer may designate any of the following additional duties to the family law facilitator: (1) Assisting the court with research and any other responsibilities which will enable the court to be responsive to the litigants’ needs. (2) Developing programs for bar and community outreach through day and evening programs, videotapes, and other innovative means that will assist non-represented and financially disadvantaged litigants in gaining meaningful access to family court. These programs shall specifically include information concerning underutilized legislation, such as expedited child support orders (Chapter 5 commencing with section 3620 of Part 1 of Division 9), and preexisting, court sponsored programs, such as supervised visitation and appointment of attorneys for children. (Revised July 1, 2013) 8.25.04 COMPLAINT PROCEDURE FOR FAMILY LAW FACILITATOR A person wishing to register a complaint against a family law facilitator may do so either verbally or in writing to the family law commissioner for the session of court (Western Slope or South Lake Tahoe) in which the services were provided. The family law commissioner will conduct an investigation, which may include consultation with the staff, the other party, or with the attorneys. Within 30 days, the family law commissioner will respond to the complainant acknowledging receipt of the complaint. To the extent possible, the court will complete an investigation of the complaint within ninety (90) days of receipt. The complaining party may appeal the family law commissioner’s action to the presiding judge of the El Dorado Superior Court. The presiding judge may request that the complaint be put in writing. Within 30 days, the presiding judge will respond to the complainant acknowledging receipt of the complaint. To the extent possible, the court will complete all appeal investigations of the complaint within ninety (90) days of receipt. (Effective July 1, 2003) 8.26.00 ACCESS TO COURT HEARINGS All litigants, both non-represented by counsel and represented by counsel, shall have ultimate access to a hearing before the court. (Revised July 1, 2000) 8.26.01 ACCESS TO CERTAIN FAMILY LAW FILES Paternity Files and Complaints to Establish Paternity. Only the parties to the action or their attorneys of record may inspect the file. Copies of documents in the file may be released to the party or the attorney upon the presentation of proof of identification. The final judgment is a public record. All other documents are confidential. A person, other than a party or the attorney of record for a party, seeking copies of other documents in the file must file a noticed motion setting forth a detailed factual showing constituting good cause. (Effective January 1, 2012) 8.27.00 FAMILY CENTERED CASE RESOLUTION PROCESS (Effective July 1, 2013) 8.27.01 AUTHORITY This rule is intended to implement a family centered case resolution process in conformance with Family Code sections 2450 – 2451 and California Rules of Court, rule 5.83. (Effective July 1, 2013) 8.27.02 APPLICABILITY This rule applies to all dissolution, legal separation, nullity, and parentage cases filed after July 1, 2013. (Effective July 1, 2013) 8.27.03 STATUS CONFERENCE A. Upon the filing of any case listed in Local Rule 8.27.02, the court will issue a notice of status conference and calendar three (3) status conferences: one within six (6) months of the filing of the petition, one within one (1) year of filing of the petition, and one within 18 months of the filing of the petition. The court also will calendar two (2) dismissal hearings: one after two (2) years of the date of the filing of the petition, and one after five (5) years of the filing of the petition, at which point the court shall consider the dismissal of the case for failure to serve the respondent or for failure to obtain a final judgment, pursuant to California Code of Civil Procedure sections 583.310 and 583.420(a)(1). The petitioner shall serve the notice of status conference on the respondent with the summons and petition and any other initial papers to be served with the summons and petition. B. The purpose of the Status Conference is to assess the case early and assist the litigants with creating a case management plan for resolution of all the issues presented in their cases. The design of the case management plan will depend on the complexity of the case. C. On request of either party or on the court’s own motion, the court may set any matter for a Status Conference. D. The parties are not required to attend the Status Conferences, unless required to attend by order of the court, but the parties may attend to discuss the status of their case. The parties may submit a Case Management Conference Statement prior to the Status Conference. (Revised July 1, 2017) 8.27.04 RESERVED FOR FUTURE USE (Revised January 26, 2016) 8.27.05 STATUS CONFERENCE AND COURT’S ROLE A. At the Status Conference, the judicial officer, or his or her designee, which could include court staff or a temporary judge, will review the case to determine whether it is progressing towards disposition in a timely and effective manner in accordance with the milestones, disposition standards, and additional factors set forth in California Rules of Court, rule 5.83. B. Any party in attendance at a Status Conference must inform the court of the following matters: (1) The attendance of both parties at family court services mediation; (2) The service by both parties of a complete preliminary declaration of disclosure; (3) The filing with the court of a declaration regarding service of declaration of disclosure and income and expense declaration; (4) The readiness of the parties to participate in mediation; (5) The appropriateness of referral to arbitration; (6) The willingness of the parties to limit, schedule, or expedite discovery, including the willingness to provide the opposing party, without a discovery request: a. The name, address, and telephone number of each individual likely to have desirable information that supports the party’s disclosures, and b. A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that supports the party’s disclosures. (7) The appropriateness of implementation of a family centered case resolution plan pursuant to Family Code section 2451; and (8) The willingness of the parties to stipulate to the appointment of court experts, and allocate the expert’s expense, or to schedule a hearing for the appointment and expense allocation of court experts. C. At any Status Conference the court may: (1) Schedule disclosure of expert witnesses, by stipulation; (2) Inquire whether issues can be narrowed by stipulation and set dates for the filing of stipulations; (3) Set dates for further Status Conferences, as needed, and no less often than every 6 months; (4) Set dates for other events that must take place before the next Status Conference; (5) Set the date for trial and/or settlement conferences; and (6) Take such other action, as permitted by law, which could promote the just and efficient disposition of the case. (Revised January 1, 2026)
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.