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Chapter 5, Rules 5.1 to 5.4 (General Provisions, Moving and Responsive Pleadings and Other Non-Trial Hearings, Judgments, and Child Support): failure to comply with these Family Law Rules may result in an order based solely on the pleadings, continuing the matter, attorney's fees and costs against the non-complying party, or removing the matter from calendar (5.1.1); remote appearances by Zoom, CourtCall, or Direct Telephonic appearance as ordered by the Court, requests submitted as set forth in Rule 1.1.19 except telephonic appearances for Case Management Conferences, CourtCall at (888) 882-6878 (5.1.3); the moving party first contacting the opposing attorney to obtain a mutually agreeable hearing date (5.2.1); an absolute duty to disclose that a requested ex parte order will change the status quo, the exigent circumstances in the first paragraph of the declaration, and for custody/visitation a completed UCCJEA declaration, the practices of the last twelve (12) months and the current custody order attached (5.2.2); a request for an order shortening time to follow the procedure in Rule 5.2.2 (5.2.3); all moving and responsive pleadings filed and served, the DCSS served if public assistance is being paid, and a late responsive pleading delivered to the Judicial Officer's Clerk no later than 2:00 p.m. on the date before the hearing (5.2.4); the parties to confer before the hearing to resolve or limit the issues (5.2.5); the moving party to contact the Judicial Assistant of the Department to take a hearing off calendar or to continue it, continuances strongly disfavored, and continuances of contempt hearings in open court or by written stipulation signed by the citee (5.2.6 to 5.2.7); law and motion calendars limited to matters of no more than fifteen (15) minutes per side (5.2.9); notification to the bailiff by 12 noon on the day before the hearing that a prisoner in a Fresno County Detention Facility is a party (5.2.10); the moving party to prepare the Order After Hearing and mail it to the responding party for approval within ten (10) calendar days, a second letter if no response, and service on DCSS and/or FCS within fifteen (15) days after filing (5.2.13); stipulations signed by each of the parties and their respective attorneys (5.2.14); written complaints about minor's counsel to the Presiding Judge of the Family Court (5.2.15); every judgment with the case name, case number, and page number, judgments involving children cleared by DCSS, the Notice of Entry of Judgment with two (2) large stamped addressed envelopes, default judgments with forms FL-165 and FL-170 and a supplemental declaration, the defaulted party's signature on a Marital Settlement Agreement notarized, bifurcated status only judgments, and Uniform Parentage Act judgments (5.3 to 5.3.8); a signed Family Code § 4065 Waiver with any stipulation that deviates from the statewide uniform guideline (5.4.1); a current (less than three (3) months old) Income and Expense Declaration form FL-150 with the two (2) most recent months of pay stubs, or form FL-155 if only child support is at issue (5.4.2); and copies of orders mailed to DCSS within ten (10) days, and moving papers to determine arrears that specify the nature and amount of the dispute with DCSS (5.4.3 to 5.4.5).
CHAPTER 5. FAMILY LAW RULES RULE 5.1 GENERAL PROVISIONS 5.1.1 Result of Failure to Comply Failure to comply with these Family Law Rules may result in one or more of the following on the request of the other party or on the court’s own motion: A. Making an order based solely on the pleadings properly before the court. B. Making or vacating orders as the court deems appropriate under the circumstanc
Reviewer note: Composed 2026-10-14 (California T4 Fresno build 2026-10-14) from BenchPath custody ca/t4/ca-fresno/docs/local-rules/july-2026-master-printing-document.pdf (the court's rule book, its cover “LOCAL RULES FOR THE SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO July 1, 2026 Publication”, as fetched 2026-10-14; 4584754 bytes, sha256 51525184531d88ffbf21b6b2decfa0c7616c04af7f0b0832eb7bd75d0552fb65; 260 pages; this part PDF pages 105 to 117, printed pages 5-1 to 5-13) with the shared verbatim composer (v2 reflow): the rules and Appendix A1 (PDF pages 19 to 219) composed as one text and cut at the chapter headings (“CHAPTER 1. ADMINISTRATIVE RULES” to “CHAPTER 7. PROBATE RULES”) and, in Chapters 2, 5, 6 and 7, at rule headings (“RULE 2.5 MANDATORY SETTLEMENT CONFERENCE”, “RULE 2.11”, “RULE 5.5”, “RULE 5.9”, “RULE 6.3”, “RULE 6.5”, “RULE 6.8”, “RULE 7.15”) and at “APPENDIX A: CIVIL”, each matched once as a whole line; every page's running header (“FRESNO COUNTY SUPERIOR COURT”) and its footer - the chapter's name (“Administrative Rules” to “Probate Rules”, “Appendix”) and the printed page number (“1-1”, “A-1”) - named and removed as chrome, with the mark “THIS PAGE INTENTIONALLY LEFT BLANK.” of five blank pages (PDF 36, 68, 86, 140 and 194) - 608 chrome lines; lines reflowed into the rules' paragraphs, each rule's heading, sub-rule number, lettered or numbered subdivision and history line starting a line; the section number “300” printed alone at the top of PDF page 160 (in Rule 6.3.7's heading) kept by the composer's top-band option; the strike report (review/strike-report-2026-10-14.txt) finds one struck run, of spaces only, on PDF page 185 - no struck character; 49 whitespace-only fixes (build/book-fixes.json: 36 line breaks the reflow or a page break left inside a sentence or a rule reference, rejoined; 9 runs of printed lines or table rows the reflow ran together, split - among them Rule 7.9's newspapers and the first rows of Appendix A1's schedule; 4 form numbers the line ends broke, closed up - “MC-355”, “RA-010”, “JV-505” and “TR1-55”); the vertical-gap, short-line, page-break, false-break and structural-break audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; the book's own text kept as printed (“form TR1-55”, “8.60 through 8.880”, Rule 6.7.2's subdivisions A, C and D); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover and its back (PDF pages 1 and 2), the table of contents and list of effective rules (3 to 18), the index (229 to 238) and the templates and forms listing (239 to 260) belong to no card; Appendices B1 to F1 (220 to 228) are decided in the document catalog.
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 > Fifth Appellate District > Fresno County > Superior Court of California, County of Fresno
CHAPTER 5. FAMILY LAW RULES RULE 5.1 GENERAL PROVISIONS 5.1.1 Result of Failure to Comply Failure to comply with these Family Law Rules may result in one or more of the following on the request of the other party or on the court’s own motion: A. Making an order based solely on the pleadings properly before the court. B. Making or vacating orders as the court deems appropriate under the circumstances. C. Continuing the matter. D. Awarding attorney’s fees and costs against the non-complying party, without the requirement of filing either an Income and Expense Declaration or a noticed motion. E. Removing the matter from calendar. F. These rules shall not prevent the exercise of judicial discretion whenever appropriate. (Rule 5.1.1 renumbered effective January 1, 2006; adopted as Rule 30.1 effective July 1, 2001) 5.1.2 Abbreviations Abbreviations used in these Family Law Rules are defined in Appendix C-1. (Effective January 1, 2006, New) 5.1.3 Remote Appearances When remote appearances are allowed, attorneys or parties may appear by Zoom, CourtCall, or Direct Telephonic appearance, as ordered by the Court. A. All requests for remote appearance, with the exception set out in section B below, must be submitted as set forth in Rule 1.1.19. B. Rule 1.1.19 does not apply to any party requesting to appear telephonically for Case Management Conferences. Attorneys and parties may contact CourtCall to make arrangements for a telephonic appearance by calling (888) 882-6878, or the telephone number of any other vendor as approved by the Court. (Effective September 15, 2022, New) (Rule 5.1 renumbered effective January 1, 2006; adopted as Rule 30 effective July 1, 1992) RULE 5.2 MOVING AND RESPONSIVE PLEADINGS AND OTHER NON-TRIAL HEARINGS 5.2.1 Setting the Date and Time A. Clear the Date. No case shall be calendared for court hearing without the moving party first contacting the opposing attorney (if known) and attempting to obtain a mutually agreeable hearing date, unless notice is otherwise excused by these rules. B. Set the Date. Attorneys may obtain a hearing date on the family law calendar by calling the calendar clerk and obtaining a date and time for the hearing. A self-represented party may obtain a hearing date from the Clerk at the time the party’s papers are filed. If effective service of the moving papers is not made, the party shall notify the Calendar Clerk and Family Court Services, if applicable, to remove the matter from calendar. C. Attorney’s Fees. Attorney’s fees may be raised in the responsive papers to a NOM/OSC even though no other financial issues were raised in the moving papers. The responsive papers must be accompanied by a current Income and Expense Declaration. (Effective July 1, 2007; Rule 5.2.1 renumbered effective January 1, 2006; adopted as Rule 31.2 effective July 1, 2001) 5.2.2 Temporary Orders and Ex Parte Procedures A. Applications. Applications for ex parte orders, including a TRO shall be made in accordance with all applicable California Codes and Rules of Court. B. Declarations. 1. Change in Status Quo. There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of status quo. The declaration in support of a request for an ex parte order which changes the status quo shall state all applicable facts describing the existing situation and supporting the requested change. In determining status quo, the court will consider actual custody/visitation practices which have occurred on a regular basis. 2. Exigent Circumstances. The first paragraph of the declaration shall set forth the exigent circumstances requiring the ex parte hearing. 3. Child Custody Visitation. a. The declaration in support of a request for an ex parte order relating to custody/visitation of a minor child shall include the following: 1) A completed UCCJEA declaration; 2) A summary of the custody/visitation practices of the parties during the last twelve (12) months, the date the parents separated, and whether or not the applicant obtained custody by mutual agreement; 3) The current custody order SHALL BE ATTACHED; 4) Specific facts describing what immediate bodily injury or emotional harm the children may be subjected to if the current custody and/or visitation order remains in effect; and 5) No ex parte change in status quo will be granted unless clear and specific facts are stated which demonstrate that the health and welfare of the child will be in immediate danger without the change. b. The application shall set forth a proposed specific visitation plan pending the hearing. (Effective January 1, 2013; Rule 5.2.2 renumbered effective January 1, 2006; adopted as Rule 31.3 effective July 1, 2000) 5.2.3 Orders Shortening and Extending Time A. Absent a stipulation and approval by the court, a request for an order shortening time shall follow the procedure set forth in Rule 5.2.2. The opposing attorney must be contacted in an attempt to clear the hearing date. B. The court will favor an order shortening time for additional issues to be heard on the same date previously set for an OSC/NOM. The request shall include a declaration that the opposing counsel or party has been notified of the intent to seek an order shortening time and has been informed of the additional issues. The declaration shall include a statement as to whether the opposing party agrees to or opposes the order shortening time, and if applicable, the specific reasons for opposition. (Rule 5.2.3 renumbered effective January 1, 2006; adopted as Rule 31.4 effective July 1, 1999) 5.2.4 Moving and Responsive Pleadings A. Service. All moving and responsive law and motion pleadings must be filed and a true and complete copy shall be served on the opposing party. B. Copy to DCSS. If public assistance is being paid, the DCSS is an indispensable party to the action and shall be served with the pleadings. C. Late Filing of Responsive Pleading. A responsive pleading may be filed or served late for good cause or if the opposing party expressly consents to the late service. A copy of the pleading shall be delivered to the Judicial Officer’s Clerk no later than 2:00 p.m. on the date before the hearing. (Effective July 1, 2020; Rule 5.2.5 (now 5.2.4) renumbered effective January 1, 2006; adopted as Rule 31.6 effective July 1, 2001) 5.2.5 Pre-Hearing Settlement Efforts Parties shall confer before the scheduled hearing date to resolve or limit the issues. Failure to confer and attempt to settle in good faith shall have a bearing on attorney’s fees to be awarded. This rule does not apply in cases where there are allegations involving domestic violence and neither party is represented by an attorney. (Rule 5.2.6 (now 5.2.5) renumbered effective January 1, 2006; adopted as Rule 31.7 effective July 1, 1998) 5.2.6 Matters Off Calendar Request. If there is a request to take a hearing off calendar, the moving party shall contact the Judicial Assistant of the Department prior to the hearing. If the request is granted, the requesting party shall submit a letter of confirmation with a copy to the opposing party which verifies the cancellation of the hearing. Unless the court is so notified, both parties must appear on the hearing date and advise the court of the disposition of the matter and why sanctions should not be imposed for failure to abide by this rule. (Effective January 1, 2013; Rule 5.2.7 (now 5.2.6) renumbered effective January 1, 2006; adopted as Rule 31.8 effective July 1, 2001) 5.2.7 Continuances A. Request. If there is a request to continue a hearing by agreement, the moving party shall, as early as possible, contact the Judicial Assistant of the Department. Upon the showing of good cause and the department’s approval, the parties may call the Calendar Clerk to obtain the next available hearing date. A letter or stipulation confirming the new date shall be submitted to the Calendar Clerk along with the appropriate fee. Unless the request is approved by the department, both parties must appear on the hearing date and advise the court of the disposition of the matter and why sanctions should not be imposed for failure to abide by this rule. Requests for continuances are strongly disfavored. 1. Court Permitted Continuances. Permission of the Judicial Officer shall be obtained before a stipulated continuance is granted. The court must also approve the new hearing date if it is prior to the Clerk’s next available hearing date. 2. Notify FCS or DCSS. When appropriate, FCS and DCSS must also be notified of continuances by the party requesting the continuance. B. Contempts. Continuances of contempt hearings must be requested in open court or obtained by written stipulation signed by the citee. (Effective January 1, 2013; Rule 5.2.8 (now 5.2.7) renumbered effective January 1, 2006; adopted as Rule 31.9 effective July 1, 1998) 5.2.8 Presence of Parties and Attorneys A. Present at Calendar Call. The parties or their attorneys shall be present in court when the case is called, unless they have previously checked in with the bailiff. B. Calendars. Attorneys shall bring their calendars to court. (Rule 5.2.9 (now 5.2.8) renumbered effective January 1, 2006; adopted as Rule 3.110 effective January 1, 2000) 5.2.9 Conduct of Hearings A. Thirty Minute Limitation. The law and motion calendars are limited to matters that take no more than fifteen (15) minutes per side of total court time, including in-chambers conferences. B. A settlement conference may be calendared by the Judicial Officer before setting the matter for a long cause hearing date. Temporary orders, based on the pleadings, may be made by the Judicial Officer before the case is set on the settlement conference calendar. (Effective January 1, 2013; Rule 5.2.10 (now 5.2.9) renumbered effective January 1, 2006; adopted as Rule 31.11 effective July 1, 1998) 5.2.10 County Prisoners If a prisoner in a Fresno County Detention Facility is a party, the attorney for either the prisoner or opposing party shall notify the bailiff of the Family Law Department/Family Support Department of this fact by 12 noon on the day before the hearing. The notification should be in writing, if possible, giving the full name and birth date of prisoner and the title and case number of the matter, so that the prisoner may be present at the hearing. (Rule 5.2.12 (now 5.2.10) renumbered effective January 1, 2006; adopted as Rule 31.13 effective January 1, 1999) 5.2.11 Photocopies in Court File If photocopies of forms adopted by the Judicial Council are illegible or the reverse side is photocopied upside down, they may not be accepted for filing. (Effective July 1, 2020; Rule 5.2.14 (now 5.2.11) renumbered effective January 1, 2006; adopted as Rule 31.15 effective January 1, 1999) 5.2.12 Judicial Officer’s Signature A. All proposed orders requesting the Judicial Officer’s signature shall be delivered to the Clerk’s Office. B. All requests for a hearing requiring a Judicial Officer’s signature to be calendared shall be delivered to the Clerk’s Office. (Rule 5.2.15 (now 5.2.12) renumbered effective January 1, 2006; adopted as Rule 31.16 effective January 1, 1999) 5.2.13 Preparation of Order After Hearing A. Unless the court orders otherwise or prepares the Order After Hearing on its own, the moving party shall prepare a written order following any hearing. B. The preparing party shall mail the proposed order to the responding party for approval within ten (10) calendar days following the hearing. The responding party, within ten (10) calendar days after mailing, shall approve or refuse to approve the order and state alternate language. C. If the preparing party does not receive a response within ten (10) days from the date of mailing of the proposed order, the preparing party shall mail a second letter to the respondent party. The second letter shall notify the responding party that in five (5) days the proposed order will be submitted to the hearing officer, together with a copy of the second letter, for signature and filing with the court, without further notice to the responding party. D. If there is a disagreement, each party shall submit to the court a proposed order with a cover letter delineating the areas of discrepancy. The court will make a ruling after a review of the appropriate record. E. After an order has been signed by the Judicial Officer and filed, the party preparing the order shall serve a conformed filed copy on the opposing party. In addition, if applicable, a copy shall be served on DCSS and/or FCS within fifteen (15) days after filing and shall be reflected on the proof of service. F. If the party directed by the court does not prepare an Order After Hearing within ten (10) days of the hearing and does not communicate the reason for the delay to the opposing party, then the opposing party may prepare the order and process it pursuant to B and C above. G. Where the court does not prepare its own Order After Hearing, the parties may be directed to complete pre-printed Order After Hearing forms prior to leaving the courthouse. The pre-printed Order After Hearing forms shall be signed by both parties and, if represented, their attorneys of record. (Rule 5.2.16 (now 5.3.13) renumbered effective January 1, 2006; adopted as Rule 31.17 effective July 1, 1999) 5.2.14 Signatures on Stipulations A. Stipulations shall be signed by each of the parties and their respective attorneys. B. Exceptions. 1. Only the attorneys need to sign a stipulation to continue a hearing except an OSC re: contempt (see Rule 5.2.8(C)). 2. Only the attorneys need to sign a stipulation, which was rendered in open court in the presence of the parties. 3. For good cause shown, the court may accept a stipulation signed only by the attorneys. (Effective July 1, 2007; Rule 5.2.17 (now 5.2.14) renumbered effective January 1, 2006; adopted as Rule 31.18 effective January 1, 1999) 5.2.15 Complaints About Minor’s Counsel Complaints about minor’s counsel shall be in written form. The complaint shall detail all reasons for the complaint and shall set forth specific examples of the acts or omission by Minor’s Counsel. The complaint shall be sent to the Presiding Judge of the Family Court. The Presiding Judge will investigate and respond to the complaint. Complaints must specifically address conduct and cannot focus on the outcome of the hearing. (Effective January 1, 2013, New) (Rule 5.2 renumbered effective January 1, 2006; adopted as Rule 31 effective July 1, 1992) RULE 5.3 JUDGMENTS 5.3.1 Requirements for Every Judgment A. EVERY JUDGMENT SUBMITTED TO THE COURT MUST HAVE THE CASE NAME, CASE NUMBER, AND PAGE NUMBER CLEARLY SET FORTH. All judgments involving children are cleared by FSD to verify the payment (or lack thereof) of public assistance on behalf of the minor children. B. All judgments involving children are cleared by the Department of Child Support Services (DCSS) to determine involvement. C. If the DCSS has been or will be involved with the enforcement of a support order, see Rule 5.4 – CHILD SUPPORT. D. Each judgment by declaration submitted to the court must contain the following: 1. Declaration for Default or Uncontested Dissolution, unless the Judgment is entered in Court. 2. Judgment: a. The “by declaration” box should be checked unless otherwise indicated by a different rule. b. Unless a specific date in the future is requested, the date for termination of status shall be left blank. c. Any attachment incorporated into the Judgment shall be in proper court pleading form. d. If the judgment awards or divides real property, the legal description of the real property shall be stated within the judgment or the documents incorporated into the judgment. 3. Notice of Entry of Judgment with two (2) large stamped addressed envelopes. The addresses in the boxes on the Notice of Entry of Judgment must be the same as the addresses on the envelopes. The submitted envelopes shall bear sufficient postage. Any envelope addressed to a defaulted party must use the address of the Clerk as the return address. E. When a judgment is requested nunc pro tunc, the requesting party shall submit a declaration setting forth the requested date, the facts and reasons which justify the entry of a nunc pro tunc order. (Effective January 1, 2019, Rule 5.3.1 renumbered effective January 1, 2006; adopted as Rule 32.1 effective January 1, 2000) 5.3.2 Default and No Agreement The following forms and declarations must be submitted where applicable: A. Family Law Forms FL-165 Request to Enter Default and FL-170 Declaration for Default or Uncontested Judgment. B. A supplemental declaration must be attached to the Declaration for Default or Uncontested Dissolution / Legal Separation. The supplemental declaration will address each applicable issue in the order listed below. 1. If there are any children of marriage. The child(ren)’s date of birth and full legal name(s) must be listed. 2. If there is any community property that needs to be divided the proposed division must be listed on this supplemental declaration with the specifications provided below. 3. Division of assets and liabilities. a. If real property is included in the judgment, the common identification as well as the legal description must be included. This may be by a referenced attached exhibit. b. All automobiles, motor homes, trailers, motorcycles, and other vehicle should be identified by the license plate number. c. All boats should be identified by their “CF” number and VIN#. d. All aircraft should be identified by their “N” number and VIN#. 4. A request for attorney fees and costs shall include an itemized declaration of work performed and costs incurred. A current Income and Expense Declaration must be submitted. C. A completed Declaration Regarding Service of Declaration of Preliminary Disclosure. D. An Income and Expense Declaration or Simplified Financial Statement that conforms to Rule 5.4.2 must be submitted if there is child support, spousal support, family support or attorney’s fees. E. If DCSS has been, is, or will be involved with the enforcement of a support order, see Rule 5.4. F. If the respondent is incarcerated, this fact shall be set forth in the attached declaration along with expected release date, if known. G. The Court may on its own motion or at the request of the defaulting party schedule a prove-up hearing to review judgment documents after those judgment documents have been submitted. (Effective January 1, 2013; Rule 5.3.2 renumbered effective January 1, 2006; adopted as Rule 32.2 effective January 1, 2000) 5.3.3 Default with Marital Settlement Agreement (MSA) In addition to the provisions set forth in Rule 5.3.2, the following shall be included in default judgments with a marital settlement agreement: A. The signature of the defaulted party on any Marital Settlement Agreement must be notarized. B. For each unrepresented party, the language in the Judicial Council Form entitled “Declaration Re Unrepresented Party” may either be set forth in the MSA (under an appropriate heading) or the form may be attached as an exhibit and incorporated in the MSA. C. When a party is represented by counsel, the signature of the attorney who did not prepare the Judgment/MSA shall appear to show approval as to form and content. D. Each party must submit a completed Declaration Regarding Service of Declaration of Preliminary Disclosure. E. Each party must submit a completed Declaration Regarding Service of Declaration of Final Disclosure on in the alternative a separate Family Code § 2105 Waiver. (Effective January 1, 2019; Rule 5.3.3 renumbered effective January 1, 2006; adopted as Rule 32.3 effective January 1, 2000) 5.3.4 Appearance by Respondent and Marital Settlement Agreement or Stipulated Judgment If Respondent is making a first appearance in the judgment documents, then that general appearance may be made by the following: A. Response. B. Appearance, Stipulation and Waivers form or by including the applicable box(es). A first paper-filing fee may be required. 1. A general appearance may be made by checking the applicable box(es). A first paper-filing fee may be required. (Effective January 1, 2013; Rule 5.3.4 renumbered effective January 1, 2006; adopted as Rule 32.4 effective January 1, 2000) 5.3.5 Appearance by Respondent and the Uncontested Judgment is Entered In Court The following must be submitted: A. Judgment. 1. The first box entitled “default or uncontested” shall be checked and the rest of paragraph 2 shall be completed. 2. If the party who did not prepare the Judgment is represented by an attorney, a signature line for counsel is required above the hearing officer’s signature. The party preparing the Judgment does not sign. 3. The applicable waivers must be included in the body of the Judgment or attached as exhibits. 4. The Judgment shall be submitted as recited in open court. (Effective January 1, 2013; Rule 5.3.5 renumbered effective January 1, 2006; adopted as Rule 32.4 effective January 1, 1998) 5.3.6 Judgment after Trial A. A Judgment incorporating all of the court’s rulings shall be prepared and submitted by the party so ordered. The party preparing the Judgment shall provide a signature line for the other party on the Judgment before the hearing officer’s signature. B. Paragraph 2 must be completed in its entirety and the “contested” box shall be checked. C. The judgment after trial shall follow the procedures for an order after hearing as set forth in Rule 5.2.16. (Effective July 1, 2007, Rule 5.3.6 renumbered effective January 1, 2006; adopted as Rule 32.6 effective July 1, 1998) 5.3.7 Bifurcated Judgment/Status Only A. A bifurcation may be obtained by one of the following: 1. Stipulation and Order for Bifurcation submitted in addition to the following documents: a. A completed Appearance, Stipulation and Waiver form or equivalent language in the stipulation. b. Judgment with “status only” box checked. c. Notice of Entry of Judgment with “status only” box checked, in addition to the other requirements set forth in these rules. 2. Notice of Motion. The following forms must be submitted if the request to bifurcate status is granted at the hearing: a. Judgment with “status only” box checked. b. Notice of Entry of Judgment with “status only” box checked, in addition to the other requirements set forth in these rules. B. If temporary orders were issued, the Judgment shall state that such orders shall continue in full force and effect until further order of the court. (Effective January 1, 2013; Rule 5.3.7 renumbered effective January 1, 2006; adopted as Rule 32.7 effective January 1, 2000) 5.3.8 Uniform Parentage Act Judgment A. Uniform Parentage Judgments by declaration must follow the procedures set forth in Rule 5.3 when applicable. B. Default judgments must follow the applicable provisions of Rule 5.3.2. The filing party must submit a completed Advisement of Waiver of Rights form. C. Judgments by agreement must follow the applicable provisions of Rule 5.3.4. Each party must sign the Stipulation for Entry of Judgment and submit a completed Advisement and Waiver of Rights form. D. Judgments after hearing or trial must follow the applicable provisions of Rule 5.3.6. (Effective January 1 2013; adopted as Rule 5.3.8 effective July 1, 2007) (Rule 5.3 renumbered effective January 1, 2006; adopted as Rule 32 effective July 1, 1992) RULE 5.4 CHILD SUPPORT 5.4.1 Minimum Child Support Waiver All stipulations to a child support amount that deviates from the amount established by the statewide uniform guideline calculation, except where either of the parties or children is receiving public assistance, shall include a signed Family Code § 4065 Waiver. (Effective January 1, 2013; Rule 5.4.1 renumbered effective January 1, 2006; adopted as Rule 33.1 effective January 1, 1998) 5.4.2 Income and Expense Declarations/Financial Statements A. Income and Expense Declarations/Financial Statements. If child support, spousal support, family support or attorney’s fees are an issue, a current (less than three (3) months old) Income and Expense Declaration form FL-150 must be completed, including the other party’s income, or a fair estimate thereof, as well as his or her occupation. If only child support is at issue, then the Financial Statement (Simplified) Judicial Council form FL-155 may be substituted unless otherwise ordered by a judicial officer, for an Income and Expense Declaration. 1. Wage earners shall attach the two (2) most recent months of pay stubs for all jobs and the most recent W-2 and/or 1099 to all Income and Expense Declarations/Financial Statements. 2. Self-employed individuals shall attach copies of their Federal Income Tax Schedule C for the last year and profit and loss statements for the current year to all Income and Expense Declarations/Financial Statements. (Effective January 1, 2013; Rule 5.4.2 renumbered effective January 1, 2006; adopted as Rule 33.2 effective July 1, 1998) 5.4.3 Notifying DCSS of Change of Custody In all cases where DCSS is enforcing child support and there is a change of custody, a copy of the new order shall be mailed to the DCSS within ten (10) days of filing. (Rule 5.4.3 renumbered effective January 1, 2006; adopted as Rule 33.4 effective July 1, 1992) 5.4.4 Child Support and the DCSS A. Within ten (10) days of the date of filing, conformed copies of ALL orders involving DCSS shall be mailed by the moving party to DCSS. B. In any case before the court, the parties shall inform the Judicial Officer if DCSS is involved in child support issues. (Effective January 1, 2013; Rule 5.4.4 renumbered effective January 1, 2006; adopted as Rule 33.5 effective July 1, 1998) 5.4.5 Motions to Determine Arrears and DCSS A. The court encourages parties to meet and confer with DCSS before filing a motion to determine arrears. If the issues cannot be resolved, the moving papers shall specify the nature and amount of the dispute, and shall identify, if possible, the specific errors in DCSS calculations. B. The party shall serve DCSS with the moving papers. C. All parties shall comply with the provisions of Family Code § 17526(c). (Effective January 1, 2013; Rule 5.4.5 renumbered effective January 1, 2006; adopted as Rule 33.6 effective July 1, 1998) (Rule 5.4 renumbered effective January 1, 2006; adopted as Rule 33 effective July 1, 1992)
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.