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Chapter 5, Rules 5.5 to 5.8 (Mediation and Child Custody Recommending Counseling, Family Centered Case Management, Settlement Conferences, and Matters Set for Trial or Evidentiary Hearing): the services of Family Court Services (FCS) - confidential mediation (Tier I) made available in all cases in which child custody is at issue, without charge, at-court CCRC sessions to which children five years of age or older must be brought, a Tier II summary report without recommendations, Tier III CCRC sessions with a report and recommendation available two (2) court days before the court hearing, and Family Code § 3111 custody evaluations only when all other services have been insufficient (5.5.1 to 5.5.2); both parties to complete the online orientation before their Tier 1 - Confidential Mediation appointment, presented in the Family Court Services lobby on Fridays for any party without access to the Internet (5.5.3); a request for remote participation by Zoom at least three (3) calendar days before the FCS appointment, for a parent who resides beyond a 150-mile radius from the B.F. Sisk Fresno Superior Court building, a child who resides primarily outside the State of California, a court order or good cause, under the rules for Zoom participation, a request to reschedule sent to FresnoFCS@fresno.courts.ca.gov, and cancellation by both parties (5.5.4); the mediator who cannot testify about confidential Tier I mediation, the official information privilege belongs to the Court, and a CCRC counselor subpoenaed by personal service on FCS at least ten (10) calendar days before the hearing with a check of $275.00 as a deposit (5.5.5); no contact with the Mediator or CCRC counselor before or after the appointment, and a request for a new mediator only for a conflict of interest, no later than five (5) calendar days from the order (5.5.6); children five (5) and older brought to court only for an at-court recommending counselor session (5.5.7); one peremptory challenge to a Child Custody Evaluator, withdrawal and complaints through Family Court Services, faxed letters not accepted (5.5.10); an initial Status Conference hearing approximately one hundred and twenty (120) days from the date of filing the first paper, in the department of the Presiding Judge of the Family Law Division, follow-up Status Conferences, and Family Centered Case Resolution, a conference requested on form TFL-15, and attendance at the Status Conference mandatory (5.6 to 5.6.6); Settlement Conference Statements filed and served at least ten (10) calendar days before the conference, with an Income and Expense Declaration when support or attorney's fees are requested, and the minimum information for dissolution or legal separation, Uniform Parentage Actions and section 217 evidentiary hearings (5.7); and a family law case assigned to one judicial officer for all purposes to the extent possible, trials set in the department of origin unless the time estimate exceeds that available, all parties to regard the time estimate as certain, stipulated and disputed facts, a detailed list of each exhibit, a witness list and a trial brief filed and exchanged at least ten (10) calendar days before trial, and motions in limine in writing (5.8).
RULE 5.5 MEDIATION AND CHILD CUSTODY RECOMMENDING COUNSELING (CCRC) 5.5.1 Purpose of Mediation and CCRC Sessions (CCRCS) The purpose of Mediation and a CCRC session is to reduce acrimony which may exist between the parties and to develop a custody/visitation plan which ensures the minor child(ren) frequent and consistent contact with both parents, when in the child(ren)’s best interests. (Effectiv
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 117 to 131, printed pages 5-13 to 5-27) 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
RULE 5.5 MEDIATION AND CHILD CUSTODY RECOMMENDING COUNSELING (CCRC) 5.5.1 Purpose of Mediation and CCRC Sessions (CCRCS) The purpose of Mediation and a CCRC session is to reduce acrimony which may exist between the parties and to develop a custody/visitation plan which ensures the minor child(ren) frequent and consistent contact with both parents, when in the child(ren)’s best interests. (Effective July 1, 2013; Rule 5.5.1 renumbered effective January 1, 2006; adopted as Rule 34.1 effective July 1, 1999) 5.5.2 Types of Mediation and CCRC Sessions The following services are offered by Family Court Services (FCS). Confidential mediation (Tier I below) shall be made available in all cases in which child custody is at issue; the remaining services shall be scheduled as directed by the family law judicial officer in the exercise of his/her discretion according to the availability of resources and the needs of each case. A. At-Court CCRC Session. An at-court session is scheduled by a judicial officer when a judicial officer determines that exigent circumstances exist such that an immediate CRCRC Session must be scheduled. Children who are five years of age or older must be brought to court for at-court sessions. All at-court sessions shall be child custody recommending counseling sessions. The sessions are not confidential and the counselor shall submit a report and recommendation to the Court and parties. When possible, the recommending counselor will provide a report and recommendation on the day of the at-court session; however, the counselor shall be provided adequate time to interview the parties and child(ren), make collateral contacts, and prepare the report and recommendation. There is no charge for child custody recommending counseling for at-court sessions, as these sessions are mandatory. Once a case has had an at-court session, future sessions may include any of the services set forth below. B. Confidential Mediation 1. Two types of confidential mediation may be offered: a. Courtroom Mediation: When resources allow, an initial confidential mediation session may take place at a request for a Restraining Order hearing. The goal of mediation is to assist parents in reaching an agreement that would meet the needs of the child(ren). If an agreement is not reached during courtroom mediation, then the Court may make a custody order. The parents may, if they wish, come to a more complete agreement during any future mediation session. b. Schedule Mediation (Tier 1): Unless custody/visitation has been resolved at the readiness hearing, parents shall be directed to proceed to Family Court Services to receive their Tier 1 mediation dates immediately following the readiness hearing. 2. Children shall not participate in confidential mediation unless otherwise directed by FCS or the Court. 3. There is no charge for confidential mediation. 4. Mediation is confidential except: a. The mediator shall report, but not comment on, the parties’ agreement or inability to reach an agreement to the parties and the Court. b. The mediator shall report suspected child abuse, elder abuse, and/or if someone is a danger to themselves or others. C. Further Services Beyond Mandatory Confidential Mediation (Tiers II and III). If confidential mediation has not resulted in full agreement, the judicial officer has discretion to refer the parties for further sessions with FCS as provided in this section. 1. Two types of further services may be offered. a. Tier II. The purpose of Tier II sessions is to provide the Court with additional information regarding specific areas deemed significant by the Judicial Officer. A Tier II summary report shall be provided to the Court and parties which may include, but not be limited to, a description of collateral contacts with law enforcement or Child Protective Services, interviews with the child(ren), etc. The Tier II summary report will not include any recommendations from the mediator. b. Tier III. Tier III sessions are CCRC sessions. These sessions shall result in a report and recommendation from the counselor. The counselor’s recommendation shall be made available to the parties, at the FCS office, two (2) court days before the court hearing. If the recommendation is not available before the hearing, it shall be available in court at the time of the hearing. Children who are five years of age or older shall participate in Tier III sessions. 2. Tier II and Tier III sessions are not confidential. Any mediator who provided confidential mediation to the parents shall not be permitted to serve as a Tier II, Tier III, or At-Court counselor unless deemed operationally necessary by the FCS Manager. 3. When permitted by law or rule, fees may be charged for Tier II and Tier III. If fees are to be charged, then parents shall be informed of the fees and given an opportunity to be heard before the judicial officer refers the parents for Tier II or Tier III services. The amount ordered, if any, shall be included in the minute order. The Court has jurisdiction to allocate the fees between the parties. D. Family Code § 3111 – Custody Evaluation: Custody evaluations will only be ordered by the Court in the event all other services have been insufficient to develop a long term custody order. 1. Evaluators. The custody evaluator shall be mutually agreed upon by the parties or selected by the judicial officer if the parties are unable to reach an agreement. The custody evaluation may be completed by a FCS staff member or by a private psychologist who has been approved by the Court. 2. Fees. A fee will be charged for a custody evaluation. A substantial deposit may be required before the evaluation can commence and full payment may be required before the custody evaluation report is submitted to the Court for consideration. 3. Time Period. The custody evaluation shall be completed within the time period set forth by the Court. In the event a child custody evaluation is not completed within the time set forth by the Court, the referral may be terminated and the current orders regarding custody and visitation shall remain in full force and effect until further order of the Court. 4. Participation. If the Court receives a custody evaluation where only one party participates and the other party does not complete the evaluation, the completed portion of the evaluation may be considered by the Court. (Effective July 1, 2019; Rule 5.5.2 renumbered effective January 1, 2006; adopted as Rule 34.2 effective July 1, 1999) 5.5.3 Family Court Services Orientation A. Pursuant to California Rule of Court 5.210e(2), Family Court Services provides orientation information regarding the Tier 1 – Confidential Mediation process. Unless excused by the Court, both parties are required to complete the online orientation program prior to their scheduled Tier 1 – Confidential Mediation appointment. 1. To complete the online orientation, the participant must have access to the Internet. The online orientation will not be accessible on a mobile phone. 2. For any party that does not have access to the Internet, the online orientation is presented in the Family Court Services lobby on Fridays in English at 1:00 p.m. and in Spanish at 2:30 p.m. B. The online orientation prepares parties for their Tier 1 – Confidential Mediation by giving an overview of the process. This includes educational information regarding children’s developmental needs and co-parenting skills. C. The online orientation is offered in both English and Spanish in the form of an audio and visual slide show. D. General Information and Admonitions: 1. Children do not participate in the online orientation. The online orientation is designed for parents, not for children. 2. Notice of successful completion of the online orientation is sent automatically to Family Court Services. 3. Failing to successfully complete the online orientation may result in adverse consequences from the Court. 4. If the Court orders the parties to participate in Tier 1 – Confidential Mediation on more than one occasion, the Court may again order the parties to complete the Family Court Services online orientation in the following circumstances: a. If the parties have failed to complete the online orientation as previously ordered by the Court, or b. If it has been more than 6 months since the parties last completed the online orientation. (Effective July 1, 2019; adopted as Rule 5.5.3 effective January 1, 2016) 5.5.4 Attendance at FCS Appointments A. Remote Participation: The request for remote participation shall be made a minimum of three (3) calendar days in advance of the FCS appointment. A party may participate in their Family Court Services appointment via telephone when any one of the following occurs: 1. A party may participate in their FCS appointment via Zoom when any one of the following occurs: a. Traveling to the FCS facility will cause an extreme hardship, including but not limited to: 1) Remote Participation for a PARENT: The parent resides beyond a 150-mile radius from the B.F. Sisk Fresno Superior Court building; 2) Remote Participation for a CHILD: The child resides primarily outside the State of California. b. Remote participation is directly ordered by the Court; or c. When there is good cause, at the discretion of FCS. 2. If approved to participate in the FCS appointment remotely, the party is expected to comply with the following rules regarding Zoom participation: a. Participants must have access to a stable and secure internet connection. b. Participants must be able to utilize the Zoom application with devices that will allow them both audio AND video capabilities. c. Participants must be in a quiet, private, uninterrupted, distraction-free location and not a public environment, and cannot be distracted by driving, working, childcare or other tasks during the FCS appointment. d. Participants may NOT – 1) Record the session in any way. 2) Allow anyone to be in the room with you. e. Children – will not be allowed to participate in the interviews with the adults and cannot be in the room with the parent, listening in, or able to hear the conversation under any circumstances. 1) Parents must ensure that they have supervision by another responsible adult or a family member/sibling aged 12 or older for any child of yours aged 7 and under for a full two (2) hours during the FCS session. f. Breaking these rules will be considered failure to cooperate with the process and the mediator/CCRC can terminate any session in which he or she feels a party is breaking these rules and will report the reason to the Court. B. Rescheduling FCS Appointments: All Family Court Services appointments are set on a first-come-first serve basis. Any request to reschedule a Family Court Services appointment shall be sent to the Family Court Services Manager at FresnoFCS@fresno.courts.ca.gov for consideration. C. Cancellation of FCS Appointments: Both parties will need to contact FCS to cancel a mediation or CCRC appointment. Once FCS has received confirmation of the cancellation request from both parties, the appointment with FCS will be cancelled. Note: This will NOT cancel any upcoming court hearings. (Effective September 15, 2022; Rule 5.5.3 (now 5.5.4) renumbered effective January 1, 2006; adopted as Rule 34.3 effective July 1, 1998) 5.5.5 Availability of FCS Mediators/CCRC Counselors for Testimony A. Mediator Testimony. Pursuant to Family Code section 3177, mediation proceedings under Family Code section 3160 et seq., such as those provided in Confidential Tier I Mediation here at the Superior Court of California, County of Fresno, must be held in private and are confidential and all communications, verbal and written, from the parties to the mediator are deemed to be “official information” within the meaning of Evidence Code section 1040. Due to the confidential nature of the Tier I mediation process the mediator must assert that all information that was obtained, verbal and written, as part of the mediation process is privileged information and therefore the mediator cannot testify about this information. The official information privilege belongs to the Court, not the parties, therefore the mediator cannot testify about this information. If called to testify regarding a confidential mediation session, the mediator will assert the official information privilege on behalf of the Court. B. CCRC Counselor Testimony: 1. On-Call: Unless otherwise directed by the Court, the CCRC counselor will be on call rather than personally present in the courtroom. 2. Service/Fees: To subpoena a CCRC counselor to appear, the following must be personally served to FCS, as the authorized agent, at least ten (10) calendar days prior to the hearing: a. The original and one copy of the subpoena to appear; b. A check in the amount of $275.00 made payable to the Fresno County Superior Court. This check will serve as a deposit for the counselor’s testifying services pursuant to Government Code § 68097.2(a) c. If expenses exceed the $275.00 deposit, FCS will bill the depositing party for the additional funds. 3. Continuance. In the event the matter is continued, the previously subpoenaed CCRC counselor may be ordered back to the continued hearing date. The party who subpoenaed the CCRC counselor shall forward a letter to FCS confirming the continued hearing date within five (5) calendar days of the date of the hearing was continued, and shall set forth the parties’ names, the Fresno County Superior Court case number, the name of the CCRC counselor and the continued hearing date. (Effective January 1, 2015, Rule 5.5.4 (now 5.5.5) renumbered effective January 1, 2006; adopted as Rule 34.4 effective July 1, 1999) 5.5.6 Contact with Mediator/CCRC Counselor A. Ex Parte Communication. Neither party may contact the Mediator or CCRC counselor prior to or following their appointment. B. Documents Provided to FCS. FCS is not obligated to retain any documents provided to FCS by the parties or other collateral sources. Although the mediator/CCRC has the discretion to temporarily retain supplemental documents all supporting documents will be destroyed, in a confidential manner, by FCS staff, at the conclusion of the mediation/CCRC services and FCS will not provide copies of supplemental documents to the Court or to the other party on the case. C. Mediator/CCRC Counselor Assignment. 1. The assignment of mediators and CCRC counselors is an administrative function of FCS. Mediators and CCRC counselors are assigned on a predetermined rotational basis, except by specific order of the Court. 2. It is the intention of FCS to maintain the same mediator with each case to provide continuity of care for the parties. However, the FCS staff member that served as a Tier 1 mediator for the case will not be assigned as a CCRC counselor for the same case, unless deemed operationally necessary by the Family Court Services Manager. D. Request for New Mediator/CCRC Counselor. 1. A change of Mediator/CCRC counselor may be granted by FCS when a conflict of interest exists. A conflict of interest exists if it is determined that one or more of the following has occurred: a. The Mediator/CCRC counselor has personal knowledge of the matter or parties outside of the mediation context; b. The Mediator/CCRC counselor has a financial interest in the potential outcome of the matter; c. The Mediator/CCRC counselor is related to the parties within the third degree; d. There is substantial doubt as to the impartiality of the Mediator/CCRC counselor. 2. The “Request for New Mediator/CCRC Counselor” form must be submitted to FCS and a copy provided to the opposing party, no later than five (5) calendar days from the date the Court orders the mediation/CCRC session. The investigation of the request will not begin until FCS can confirm that the opposing party has received a copy of the request. (Effective July 1, 2019; Rule 5.5.5 (now 5.5.6) renumbered effective January 1, 2006; adopted as Rule 34.5 effective July 1, 1999) 5.5.7 Children at Court Children who are five (5) and older shall be brought to court only when an at-court recommending counselor session is scheduled. In all other circumstances, children are not to be brought to the hearing unless specifically ordered by the Court. (Effective January 1, 2013; Rule 5.5.6 (now 5.5.7) renumbered effective January 1, 2006; adopted as Rule 34.6 effective July 1, 1998) 5.5.8 Confidential Mediation Nothing in these rules prohibits the Court from offering confidential mediation if resources allow. (Effective January 1, 2013; Rule 5.5.7 (now 5.5.8) renumbered effective January 1, 2006; adopted as Rule 34.7 effective January 1, 2002) 5.5.9 Removal of Children in Violation of a Court Order If the minor child(ren) is/are removed by either party under circumstances which violate the custody or visitation order, and that violation establishes probable cause to believe that a crime has been committed, the court may award physical custody ex parte to the parent deprived of a custody or visitation right prior to mediation. (Rule 5.5.9 renumbered effective January 1, 2006; adopted as Rule 34.10 effective July 1, 1992) 5.5.10 Child Custody Evaluations The Fresno County Superior Court has the discretion to appoint a Child Custody Evaluator to conduct a child custody evaluation in all child custody/visitation matters. A. Peremptory Challenge of Child Custody Evaluator. The court may allow one peremptory challenge to the Child Custody Evaluator as follows: 1. If the appointment is made in a hearing before the court, the challenge MUST be made at the time of hearing. B. Withdrawal of Child Custody Evaluator. The Child Custody Evaluator may request to be allowed to withdrawn from an evaluation at any stage of the process for the following reasons: 1. Conflict; 2. Nonpayment of fees; 3. Lack of cooperation by a party; 4. Any other significant reason which prevents the Child Custody Evaluator from completing the evaluation. If the Child Custody Evaluator wishes to be removed from the case, the Child Custody Evaluation shall forward a letter to Family Court Services specifically stating the reasons for the request. Family Court Services shall review the letter and forward copies of the request to the parties and to the court. The parties shall have twenty (20) days to file a motion challenging the request. If no motion is filed, the court may grant or deny the request for withdrawal and Family Court Services shall notify the Child Custody Evaluator and the parties of the court’s decision. FAXED LETTERS WILL NOT BE ACCEPTED. C. Complaints about Child Custody Evaluator. Complaints about a Child Custody Evaluator’s performance shall be in written form. The complaint shall detail all reasons for the complaint and shall set forth specific examples of the acts or omissions by the Child Custody Evaluator. The complaint shall be sent to Family Court Services. Family Court Services shall review the letter and forward copies of the complaint to each party and to the court. FAXED LETTERS WILL NOT BE ACCEPTED. D. Ex Parte Communications. Neither party may contact the Child Custody Evaluator, directly or through the party’s attorney, except regarding procedural matters such as setting appointments. Neither party shall forward any documents to the Child Custody Evaluator except by order of the court or at the specific request of the Child Custody Evaluator. During the evaluation process, any documents provided to the Child Custody Evaluator shall also be provided to the opposing party at the same time. The Child Custody Evaluator shall have sole discretion to conduct ex parte communications with any party, witness, attorney, mediator, counselor, therapist, physician, teach, law enforcement officer or any other person that the Child Custody Evaluator determines is necessary to complete the evaluation process. No third party shall contact the Child Custody Evaluator unless requested to do so by the Child Custody Evaluator or by order of the court for procedural matters only. After the evaluation has been completed and the report has been written, the Child Custody Evaluator may communicate with the parties or their attorneys as the Child Custody Evaluator determines. (Effective January 1, 2013; Rule 5.5.11 (now 5.5.10) renumbered effective January 1, 2006; adopted as Rule 34.12 effective July 1, 2001) (Rule 5.5 renumbered effective January 1, 2006; adopted as Rule 34 effective July 1, 1992. RULE 5.6 FAMILY CENTERED CASE MANAGEMENT 5.6.1 Purpose and Intent This rule and the process developed to implement this rule are intended to further the purpose of and to comply with Family Code section 2450 et seq. and California Rules of Court, rule 5.83. (Effective July 1, 2013, New) 5.6.2 Scope Section 5.6.3 of this rule applies to all dissolution, legal separation, nullity, and parentage cases filed on or after January 1, 2013. Section 5.6.4 applies to all family law cases. This rule supersedes prior rule 5.7. (Effective July 1, 2013, New) 5.6.3 Process and Scheduling Upon the filing of a first paper in the case types set out in rule 5.6.2 the case shall be set for an initial Status Conference hearing. The initial Status Conference hearing shall be set approximately one hundred and twenty (120) days from the date of filing the first paper in the department of the Presiding Judge of the Family Law Division. The Petitioner shall be provided two (2) copies of the “Notice of Calendar Setting” for the initial Status Conference hearing. The Notice of Calendar Setting may also include subsequent Status Hearing dates. One copy of the Notice of Calendar Setting shall be served on the Respondent with the pleadings. Petitioner must include the Notice of Calendar Setting on the Proof of Service of the Summons and Petition. The Petitioner shall receive an information sheet containing the information required by California Rules of Court, rule 5.83. At the initial Status Conference hearing the case shall be set for a follow-up Status Conference hearing(s) as requested by the parties, determined by the judicial officer, or required by law or rule. Follow-up Status Conference hearings shall be set in the department of the Presiding Judge of the Family Law Division unless otherwise determined by the judicial officer. Following the Status Conference hearings the case may be set for Family Centered Case Resolution in the direct calendar department to which the case has been assigned. The setting and duration of Family Centered Case Resolution will be determined on a case-by-case basis according to the needs of the individual case. (Effective January 1, 2014; adopted as Rule 5.6.3 effective July 1, 2013) 5.6.4 Requesting a Conference Any party may request to have a case set for a Status Conference hearing or Family Centered Case Resolution Conference. The request shall be made by filing a “Request for Status or Family Centered Case Resolution Conference”, form TFL-15. Status Conference hearings will be set in the direct calendar department to which the case has been assigned or in the department of the Presiding Judge of the Family Law Division at the discretion of the Court. (Effective July 1, 2013, New) 5.6.5 Continuances of Status Hearings and/or Case Resolution Conferences Continuances of Status Conference or Case Resolution Conferences may be requested by both parties or attorney by contacting the clerk of the department in which the Status Conference or Case Resolution Conference is set. Approval of the Court is necessary for the matter to be continued. Case Status Conferences may only be taken off calendar upon the entry of judgment, dismissal of the case, or as otherwise provided by law or rule. (Effective January 1, 2014, New) 5.6.6 Requirements for Case Status Conference and Case Resolution Conferences A. Status Conferences. Unless the Status Conference has been continued with the Court’s permission, attendance at the Status Conference is mandatory. However, if the parties/attorneys so agree, one party or attorney may appear to report the status of the case to the Court and obtain a follow-up Status Conference date(s). Settlement Conference Statements are not required for a Status Conference unless otherwise directed by the judicial officer. B. Case Resolution Conferences. Unless otherwise directed by a judicial officer, a Settlement Conference Statement does not need to be filed prior to a Case Resolution Conference. C. Case Management Orders. At or prior to a Status Conference or a Case Resolution Conference, the judicial officer may make case management orders including, but not limited to, the following to occur or be filed prior to the next Status Conference or Case Resolution Conference: Requiring that Preliminary and/or Final Declarations of Disclosure be exchanged with appropriate proofs of service to be filed within a certain time limit; requiring a four-way or informal meeting to occur to discuss settlement; requiring Statements of Disputed and/or Stipulated Facts to be filed; requiring a Settlement Conference Statement, etc. (Effective January 1, 2014, New) RULE 5.7 SETTLEMENT CONFERENCES For any type of settlement hearing or conference, the parties shall prepare, exchange and file Settlement Conference Statements in advance of the hearing. If spousal support, child support, or attorney’s fees (including sanctions) have been requested by either party, then a Settlement Conference Statement must be accompanied by a complete Income and Expense Declaration with appropriate supporting documentation. Unless otherwise directed by the judicial officer, Settlement Conference Statements are to be filed and served at least ten (10) calendar days prior to the conference or hearing. If Settlement Conference Statements are not filed or contain so little information as to be ineffective in assisting the court with settlement efforts, the court may take the matter off calendar or may continue the settlement conference. If one party has complied with these rules and the other has not, the complying party may request attorney’s fees and/or sanctions against the noncomplying party. Such request must be made in a manner that is accepted under the law. Settlement Conference Statements must include, at a minimum, the following information: A. Dissolution of Marriage or Legal Separation: 1. The statistical information of the marriage including a detailed explanation of any disputed facts regarding the statistical information; 2. If spousal support is at issue, then each party must include a declaration addressing each of the factors set forth in Family Code section 4320; 3. If child support is at issue, each party must indicate whether the Department of Child Support Services is involved, and each party must include a child support calculation supported by a declaration addressing what information was utilized for each fact set forth in that calculation; 4. If property division is at issue, then a proposed division of property must be included addressing each asset and debt with particularity. For example, “each to pay one-half of debt” is not sufficient particularity; “Each to pay one-half of the Visa accounting ending in XXXX with a date-of-separation balance of $XXXX” is sufficient particularity; [Note: a specific format is not required for the proposed property division, but the proposal must be clear, complete, and understandable. A computerized program such as Propertizer or a spread sheet may be used, or a Judicial Council Form, such as the Property Declaration (FL-160) may be completed and attached to reflect the proposed property division.] 5. If attorney’s fees are requested, then a declaration addressing Family Code section 4320 must be included even if spousal support is not requested, and the declaration must set forth with clarity the party’s position regarding attorney’s fees; 6. If there is a disputed separate property claim, then the party making the claim must include a declaration setting forth the party’s specific tracing of his/her separate property and describe with particularity the documents which support the tracing, and the party opposing the claim must address the tracing. B. Uniform Parentage Actions: 1. Whether there are any other actions pertaining to this child and whether or not those actions have resulted in judgment; 2. If the mother of the child was married to someone else within three hundred (300) days of the child’s birth, the full name of that person; 3. If anyone other than the parties to this case has held the child out to be his/her own, the full name of that person; 4. If anyone other than the parties in this case signed a Voluntary Declaration of Paternity regarding this child, the full name of that person; 5. If anyone other than the parties adopted the child, the full name of that person; 6. The specific facts in dispute; 7. Whether there are any guardianship, termination of parental rights, Child Protective Services, Dependency Court, or other actions involving this child. C. Law and Motion/Family Court section 217 evidentiary hearings: The Settlement Conference Statement must include the date the Request for Order was filed, identify the party who filed the Request for Order, and must indicate which issues remain in dispute. Additional information must be included as directed by the Court according to the issues in dispute. (Effective July 1, 2018; adopted as Rule 5.7 effective January 1, 2014) RULE 5.8 MATTERS SET FOR TRIAL OR EVIDENTIARY HEARING Consistent with Family Code section 2330.3 and Standard of Judicial Administration 5.30(b), it is the policy of the Fresno County Superior Court that a family law case will be assigned to one judicial officer for all purposes to the extent possible. Trials and evidentiary hearings will be set in the department of origin unless the time estimate exceeds that available in that department. Trials or evidentiary hearings with a time limit in excess of that available in the department of origin shall be given a trial/hearing setting date in the presiding department of the Family Law Division. If the time estimate for the matter is within the allowable limit of the presiding department of the Family Law Division, then the matter shall be given a date in that department. If the time estimate for the trial/hearing exceeds all available time within the Family Law Division, then the matter shall, when ready, be assigned a date through Master Calendar. The Master Calendar date will be obtained through the presiding department of the Family Law Division. At the time a case is set for an evidentiary hearing or trial, the parties shall provide a time estimate of the anticipated length of the evidentiary hearing or trial. The Court will rely on the accuracy of the time estimate in setting cases and managing its calendar. All parties must regard the time estimate as certain. If the case is not completed within the time estimate, the Court may make any orders permitted by law including but not limited to deeming the case submitted on the evidence received, ordering the case off calendar, declaring a mistrial, curtailing further presentation of evidence, or completing the trial or hearing. Prior to setting any matter for trial/evidentiary hearing, any family law judicial officer hearing the case may make appropriate pre-trial orders, including but not limited to requiring an office four-way meeting, allowing time for Alternative Dispute Resolution, setting one or more Case Status Conferences/Case Resolution Conferences/Settlement Conferences. Unless otherwise ordered by the court, the following must be filed and exchanged at least ten (10) calendar days prior to any trial/evidentiary hearing: 1. A joint statement of stipulated facts; a joint statement of disputed facts; 2. All exhibits which may be submitted at the trial/hearing (the exhibits themselves need not be filed, but each party must file a detailed list of each exhibit which that party has exchanged); 3. A current Income and Expense Declaration with appropriate supporting documents unless there is no issue of child support, spousal support, or attorney’s fees/sanctions; 4. A witness list which must include the names, addresses, and telephone numbers of each witness along with a detailed but concise offer of proof of that witness’s anticipated testimony and the number of minutes that witness is expected to testify on direct examination; and 5. A trial brief which must include a statement of issues, and if the matter is to be heard as a result of a Request for Order, then the trial brief must indicate the date the Request for Order was filed, which party filed the Request, and the issues being to be heard. Unless otherwise ordered by the court at the trial/hearing setting conference, all motions in limine must be in writing and filed and served at least ten (10) calendar days prior to the hearing/trial. Matters will be set for trial/evidentiary hearing only when settlement opportunities have been exhausted. Matters will be released to Master Calendar only upon exhaustion of all remedies within family law. If a matter is released to Master Calendar and the parties then wish to discuss settlement with the Master Calendar trial judge, the matter will be returned to the Family Law Division for further settlement negotiations. (Effective July 1, 2014; adopted as Rule 5.8 effective January 1, 2014)
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.