Chapter 5 (Rules 5.0 to 5.13): the Family Law and Motion Calendar heard the 1st, 2nd and 3rd Thursdays of each month at 9:00 a.m. (Requests for Orders, motions relating to enforcement or modification and all other motions preliminary to trial), ex parte matters in strict accordance with CRC, rule 3.1200 et seq. - a party seeking emergency orders ex parte to file a Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (Non-Domestic Violence) (JC FL-303), or in a Domestic Violence Case a Declaration RE: Notice of Ex Parte Application for Order (GCSC FL-020), notice as outlined in CRC, rule 5.165 if the Court denies the request to waive notice, the ex-parte applicant to submit the ex parte application along with all supporting documents to clerk of the court, the judicial officer to set a hearing date and time if required, and responsive declarations lodged until the ex parte hearing - hearings on the Law and Motion Calendar limited to fifteen (15) minutes, matters that cannot be completed set on the long cause calendar, the moving party to file the Income and Expense Declaration [JC FL150] or Financial Statement with the papers seeking relief and the opposing party with the responsive papers, no long cause hearing or trial heard until counsel, with their clients physically present or immediately available, have met and conferred in good faith and exchanged all relevant documents, and the rule on telephonic appearances in family law matters repealed effective 7/1/22 (5.0); all proceedings relating to the custody or visitation of children governed by FC § 3160, et seq., “Mediation” means Orientation and/or Child Custody Recommending Counseling, the parties to make a good faith effort to arrive at an agreement before any court hearing, all custody and visitation cases subject to mediation, a monetary penalty of $50 for a first failure to appear at a Family Court Services appointment without good cause or a party who cancels within 48 hours, an additional $100 for a second failure within one-year period, the on-line orientation completed before the appointment (a party residing over 100 miles from the Court may, with permission, complete an intake packet before mediation), no Mediation date vacated unless an executed stipulation has been approved by the Court, a parent orientation workshop required of all parties filing a Request for Order on custody and visitation unless they completed a parent orientation video within two years prior, mediation proceedings held in private with only the parties and the Counselor (attorneys only with permission of the Court, counsel for the minor children with permission of all parties), the Counselor’s written report and recommendations to the Court if agreement is not reached (FC 3186, subd. (a)), required confidentiality does not limit reports of known or suspected child abuse or threats, special guidelines in cases with domestic violence allegations, the parties may be interviewed separately and the battered spouse accompanied by a support person, the Counselor’s recommendation of an investigation (FC § 3110), a referral (EC § 730) or independent counsel for the child(ren) (FC § 3150), temporary orders while the mediation process is ongoing, Counselors and other staff of the Court not subject to peremptory challenge, with the exception of Court Investigators, the Counselor subpoenaed to testify only under Gov. Code §68097.1, et seq. upon ten (10) court days’ notice with a subpoena fee of $275.00, reports and recommendations confidential and placed in the confidential portion of the Court file, the original Plan presented to the Court if the parties reach agreement on a Parenting Plan and, subject to the Court’s approval, the order of the Court (not confidential), grievances relating to mediation services, investigator and facilitator presented to the Court Executive Officer on the Complaint Form [AD-050], and requests to change mediators addressed to the Court Executive Officer (5.1); custody evaluations to comply with California Rules of Court 5.220 et. seq., an evaluator appointed under Evidence Code section 730 or Family Code section 3110, evaluators to meet the standards of Family Code section 3110.5 and rules 5.225 and 5.230, no peremptory challenge to a Court-appointed evaluator, an evaluator’s written request to withdraw, grievances in writing to the Court within five (5) days of receipt of the report, ex parte communications by the attorneys with the evaluator prohibited absent a stipulation except to schedule appointments, an attorney not to provide the evaluator with documents or unsolicited comments without first providing the other side a copy at least 72 hours in advance plus an additional five (5) days for mailing, the Court to allocate the fees or costs of the evaluation, the evaluator to return the report to the Court not less than ten (10) days prior to hearing, admissible subject to cross-examination, distributed to the Court and the parties or their counsel but not to minor children (JC form FL-328), unauthorized removal of the report a felony [GC § 6200, et seq.], and the Evaluator to receive a subpoena at least five (5) court days prior to the hearing or trial (5.2); investigators to meet the requirements of CRC, rule 5.225, no peremptory challenges to an investigator appointed by the Court, the investigator to return the Child Custody Investigation report to the Court not less than ten (10) days prior to hearing, a copy of the Mediated Agreement signed by all parties and the Counselor provided before leaving mediation, reports in writing and admissible subject to cross-examination, unauthorized removal of the report a felony, the Investigator to receive a subpoena at least five (5) court days prior to the hearing or trial, and grievances via Complaint (Local Form Number AD-050) to the Court Executive Officer within five (5) days of receipt of the report (5.3); complaints regarding a court-appointed counsel for a child in writing to the Court Executive Officer, who, in consultation with the Family Law Judge, will investigate, evaluate and respond (5.4); a $50 monetary penalty for a party who fails to attend and complete orientation or mediation without good cause or who cancels within 48 hours of the appointment, or who fails to comply with a court-ordered drug test, to sign releases of information for FCS investigations/evaluation, to complete investigative packets or to report to Glenn County Court Collections when ordered, $100 for each subsequent failure, and additional sanctions the court may order (5.5); a stipulation modifying an existing order signed by both parties and their attorneys and minor’s counsel, if appointed, and presented with the filing fees (5.6); in an uncontested matter set for hearing, a Request to Enter Default and supporting declaration or an executed written stipulation, a current Income and Expense Declaration and Property Declaration (unless excused by FC § 2330.5), and counsel to provide to the Judge the original of the proposed judgment at the hearing (5.7); counsel with full authority to confer in good faith on the pretrial statements before any settlement conference and/or trial, an At issue Memorandum [GCSC FL-050] filed and served before any contested case is set for trial unless the court sets the trial date in open court, a status conference and trial date provided that both parties have completed final disclosure (FC § 2105, JC Form FL-141, or waivers under FC § 2105(d), JC Form FL-144), the Court to refer the case to mediation if custody and visitation issues have not been resolved, the Court not to continue the trial absent noticed motion and a showing of good cause, or stipulation by all counsel approved by the court, a statement of the issues, contentions and proposed disposition, a current income and expense declaration, an updated statement of assets and debts, a witness list (JC form FL-321) and a list of exhibits filed and served at least five (5) court days prior to the trial/long cause date, the matter may be dropped from the trial or settlement conference calendar on a failure by both sides and a failure by one party may allow the complying party to continue the cause and/or sanctions to be imposed, trial and reply briefs with a full statement of separate property, community property, funds held by others, tracing, current obligations, current income and expense (Form FL-150, CRC, rule 5.112.1) and a proposal for property division and support, the court does not receive telephones or computers into evidence (text messages printed out, videotapes copied onto a disc), and the petitioner or other party directed by the Court to prepare the judgment after a contested trial, “Approved as Conforming to Court Order” (5.8); family law continuances by stipulation submitted at least two court days prior to the scheduled trial/hearing (GCSC FL-030), with a continuance fee (5.9); a stepparent’s petition for visitation (FC § 3101) on the Petition for Stepparent Visitation and Notice of Hearing (Local Form Number FL-040), with a request for joinder and summons on joinder in a dissolution proceeding (CRC, rule 5.24) (5.10); a grandparent’s petition for visitation (FC § 3103) on the local forms GCSC FL-045 and FL- 046, with the same joinder (5.11); the Office of the Family Law Facilitator under FC § 10000, et seq., and additional duties the Court may designate under FC § 10005 (5.12); and courts issuing criminal protective orders and courts issuing child custody or visitation orders to make reasonable efforts to determine whether the other orders exist, and a court that has issued a criminal protective order may, after consultation, modify it to allow or restrict contact between the restrained person and his or her children (5.13).
CHAPTER 5. FAMILY LAW DEPARTMENT 5.0 HEARING AND TRIALS IN GENERAL A. LAW AND MOTION CALENDAR The Family Law and Motion Calendar is heard the 1st, 2nd and 3rd Thursdays of each month at 9:00 a.m. Matters to be heard on the Family Law and Motion Calendar shall include the following: Requests for Orders, motions relating to enforcement or modification, and all other motions preliminary to trial. (Ef
Reviewer note: Composed 2026-10-12 (California T4 Glenn build 2026-10-12) from BenchPath custody ca/t4/ca-glenn/docs/forms-and-filings/glenn-county-local-rules-court-effective-1-1-2026.pdf (the court's rule book, its cover “GLENN COUNTY SUPERIOR COURT LOCAL RULES OF COURT Effective January 1, 2026”, as fetched 2026-10-12; 1023437 bytes, sha256 9afef5cd2a39956be24b1f9f46c288fa5b1f4479b2b3a6a11bd34eb5e91e99fc; 73 pages; this part PDF pages 40 to 56, printed pages 27 to 43) with the shared verbatim composer (v2 reflow): the General Provisions and the rules (PDF pages 14 to 68, printed 1 to 55 - pages 14 and 15 both print 1) composed as one text and cut at the introduction's heading (“RULES OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF GLENN”) and the eight chapter headings, each matched once at a line start (a chapter may begin mid-page); the text after the “ALPHABETICAL INDEX” line on PDF page 68 (the index's first entries) cut off; the running header of pages 14 and 15 (“Superior Court of California, County of Glenn”) and every page's number removed as chrome, with the second drawing of Rule 3.2(A)(1)'s bold phrase the Word export drew twice at one place (43 glyphs; the page shows it once) - 58 chrome lines; lines reflowed into the rules' paragraphs, each rule's number set with its title, each lettered or numbered subdivision starting a line and each rule's history (“(Effective ...)”) on a line of its own; Chapter 8's two ruled tables of local forms (PDF pages 66 to 68) set row by row; the strike report (review/strike-report-2026-10-12.txt) lists 2 struck runs on 2 pages, both outside the rules (an invisible stroke in the contents, a struck index entry) - the book is composed without strike-out; 3 whitespace-only fixes (build/book-fixes.json: three terms of the General Provisions' definitions - “Clerk”, “CC” and “GCRC”, each printed on a row of its own - set apart from the line the reflow ran them into); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - five words the page itself breaks between two lines with a letter or two lost (“im” / “rtance” and others), carried as printed with three more of the kind, one page break inside a paragraph, and the tables' rows; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the adoption page (2), the list of effective dates (3 to 7), the table of contents (8 to 13) and the alphabetical index (68 to 73) belong to no card. Review note: Carried as printed - the page itself breaks these words between two lines, a letter or two lost: Rule 5.1(H) “becomes pparent”, Rule 5.1(M) “make copies of i nor disclose”, Rule 5.2(A) “the utmost im rtance”, Rule 5.3(D) “and sh ll not” and “Upon complet on”, Rule 5.8(A) “to the fulle extent”, Rule 5.13 “the pending c il action”; Rule 5.0 letters its last subdivision “E.” after “E. MEET AND CONFER REQUIREMENT”; Rule 5.8(C) numbers its paragraphs 1 to 4 and then 2 to 11. Rule 5.1(L)’s ten (10) court days’ notice for a subpoena of the Counselor is the review task on the Mediation card.
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 > Glenn County > Superior Court of California, County of Glenn
CHAPTER 5. FAMILY LAW DEPARTMENT 5.0 HEARING AND TRIALS IN GENERAL A. LAW AND MOTION CALENDAR The Family Law and Motion Calendar is heard the 1st, 2nd and 3rd Thursdays of each month at 9:00 a.m. Matters to be heard on the Family Law and Motion Calendar shall include the following: Requests for Orders, motions relating to enforcement or modification, and all other motions preliminary to trial. (Effective 7/1/19, amended 7/1/20) B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE) 1. All ex-parte matters shall be conducted in strict accordance with CRC, rule 3.1200 et seq. 2. Any party seeking emergency orders ex-parte shall at the onset complete and file a Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (Non-Domestic Violence) (JC FL-303). If for a Domestic Violence Case, the party seeking the emergency order shall complete and file a Declaration RE: Notice of Ex Parte Application for Order (GCSC FL-020). If the Court denies the request to waive notice, then notice must be given as outlined in CRC, rule 5.165. 3. The ex-parte applicant, or his or her counsel shall submit the ex parte application along with all supporting documents to clerk of the court. The judicial officer will set a hearing date and time if required. 4. Any responsive declarations shall be lodged in the court file until the ex parte hearing. (Effective 7/1/19) C. MATTERS EXCEEDING 15 MINUTES; SPECIAL SETTING Hearings on the Law and Motion Calendar are limited to fifteen (15) minutes and are subject to further time limitations to accommodate the Court's calendar. In the event both parties in good faith believe that the matter cannot be completed in fifteen (15) minutes, they shall, at the time the matter is called, so inform the Court. The Court may set the matter on its long cause calendar or make such other order as may be appropriate under the circumstances. (Effective 7/1/19) D. FINANCIAL DECLARATIONS In all matters in which the filing of an Income and Expense Declaration [JC FL150] or Financial Statement is required, the moving party shall file the Income and Expense Declaration [JC FL150], or Financial Statement with the papers seeking relief, and the opposing party will file the Income and Expense Declaration with the responsive papers. (Effective 7/1/19) E. MEET AND CONFER REQUIREMENT No case set for long cause hearing or trial in the Family Law Department will be heard unless and until counsel, with their respective clients either physically present or immediately physically available, have met and conferred in a good faith effort to resolve all issues. All relevant documents shall be exchanged by counsel while conferring, absent good cause to the contrary. Failure to meet and confer may result in the matter being dropped from the calendar or continued, or rejection of documents not so exchanged, or other appropriate sanctions pursuant to these rules. (Effective 7/1/19) E. TELEPHONIC APPEARANCES (FAMILY LAW MATTERS) [Repealed]Rule 5.0(F) (repealed effective 7/1/22, adopted 7/1/19, amended 7/1/20) 5.1 CHILD CUSTODY RECOMMENDING COUNSELING A. SCOPE OF RULE All proceedings relating to the custody or visitation of children shall be governed by FC § 3160, et seq., and the following rules. “Mediation,” as used in these rules, means Orientation and/or Child Custody Recommending Counseling. (Effective 7/1/19) B. GOOD FAITH EFFORT Parties shall make a good faith effort to arrive at an agreement regarding child custody or visitation before any court hearing. (Effective 7/1/19) C. GENERALLY All cases involving custody and/or visitation issues will be subject to mediation, and the parties will be required to appear for mediation as requested by the court. Failure to Appear at any Family Court Services appointment by a party who receives a notice of the appointment and fails to appear without good cause or who cancels within 48 hours of the appointment, shall result in a monetary penalty of $50 for the first such failure. The second failure to appear within one-year period shall result in an additional monetary penalty of $100. The court may order additional sanctions. (Effective 7/1/19) D. SCHEDULING OF INITIAL CHILD CUSTODY RECOMMENDING COUNSELING SESSIONS California law requires that parties complete an orientation prior to mediation. Glenn County Superior Court utilizes an on-line orientation which parties are required to complete before their appointment. Any party residing over 100 miles from the Court may with permission of the Court complete an intake packet prior to mediation with the packet to be returned to the court prior to the scheduled mediation. (Effective 7/1/19) E. SETTLEMENT REACHED If the parties agree as to custody and visitation issues, no pending Mediation date(s) will be vacated unless an executed stipulation has been approved by the Court. All parties filing a Request for Order related to custody and visitation of minor children are required to complete a parent orientation workshop prior to their mediation appointment unless the parties have completed a parent orientation video within two years prior to filing the Request for Order or other matter at issue. (Effective 7/1/19) F. PRIVACY OF CHILD CUSTODY RECOMMENDING COUNSELING SESSION; RECOMMENDATIONS All mediation proceedings shall be held in private, with only the parties and the Counselor present. Absent permission of the Court, attorneys for parties are not permitted to attend sessions. Counsel for the minor children may attend sessions with permission of all parties. If agreement is not reached, the Counselor will provide a written report to the Court containing the Counselor’s opinion and recommendations as to what parenting plan would provide for the best interests of the minor(s). The Counselor shall provide the court with written statements of the parties’ positions; results of any investigation that has been conducted; summaries of statements taken by the Counselor; and the evidence upon which the Counselor is relying in forming his/her opinion as to what custody and visitation arrangement would provide for the best interests of the minor child (ren). This report shall be made available to the parties as soon thereafter as practicable, per FC 3186, subd. (a). (Effective 7/1/19) G. CHILD ABUSE AND/OR THREATS; CHILD AT RISK All communications with the Counselor are confidential; however, required confidentiality does not limit reports of known or suspected child abuse, nor is the Counselor prevented from disclosing information involving a person who threatens injury or harm to the intended victim(s) and/or their property. (Effective 7/1/19) H. DOMESTIC VIOLENCE In mediating cases with domestic violence allegations, special guidelines will be followed, and the parties may be interviewed separately. The battered spouse may, if requested, be accompanied in the mediation session by a support person who does not participate in the session. After both parties have been interviewed separately, they may be brought together only if both parties and the Counselor determine it to be safe for the victim. If the domestic violence is disclosed in a regular mediation session where there was no prior indication, or if intimidation of one spouse by the other becomes pparent to the Counselor, the parties may be separated and interviewed individually. The Counselor will report to the Court on the existence of circumstances described in FC § 4320 (i). (Effective 7/1/19) I. COUNSELOR'S RECOMMENDATION FOR INVESTIGATION/EVALUATION At any time during the mediation process, the Counselor may recommend to the Court that (a) an investigation and report be made pursuant to FC § 3110, et seq., (b) a referral be made pursuant to EC § 730, or (c) independent counsel be appointed for the child(ren) pursuant to FC § 3150. (Effective 7/1/19) J. TEMPORARY ORDERS PENDING MEDIATION While the mediation process is ongoing, the Court may make temporary orders concerning custody and visitation until the mediation process is completed. (Effective 7/1/19) K. PEREMPTORY CHALLENGE Counselors and other staff members and employees of the Court, with the exception of Court Investigators, are not subject to peremptory challenge by the parties or their attorneys. (Effective 7/1/19) L. NO TESTIMONY If mediation is unsuccessful, the Counselor shall not be subject to being subpoenaed to testify in Court on the law and motion calendar, absent permission of Court. However, the Counselor may be subpoenaed to testify in Court subject to compliance with Gov. Code §68097.1, et seq. and upon ten (10) court days’ notice to the Counselor and the Court unless good cause is shown to shorten notice. A subpoena fee of $275.00 is required. (Effective 7/1/19) M. CONFIDENTIALITY OF REPORT In any proceeding involving custody or visitation of minor children, any written report or recommendation from the Counselor, an investigator, or any person appointed by the Court to render a report shall be confidential and unavailable to any persons except the Court and court staff, the parties or attorney(s) of record for parties, and any persons to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of i nor disclose its contents to any child who is the subject of the report. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confidential portion of the Court file. (Effective 7/1/19) N FILING OF AGREEMENT If the parties reach agreement on a Parenting Plan, the original Plan shall be presented to the Court. The Court shall review the Plan. Subject to the Court's approval, whether as reflected upon the clerk’s minutes or by Order After Hearing, the Plan shall become the order of the Court and shall be filed in the Court file. The Plan shall not be treated as confidential in nature. (Effective 7/1/19) O. GRIEVANCES Grievances relating to mediation services, investigator and facilitator shall be presented to the Court Executive Officer. Complaint Form [AD-050] (Effective 7/1/19; Amended 1/1/20) P. REQUESTS TO CHANGE MEDIATORS Requests to change mediators shall be addressed to the Court Executive Officer. (Effective 7/1/19) 5.2 EVALUATIONS A. PURPOSE AND INTENT It is the Court's intent to establish principles and standards to provide each family and the Court with accurate, comprehensive, and constructive information regarding the best interest of the child in a way that promotes understanding and cooperation within the family, and to adopt the best possible plan relating to duties and responsibilities of parents in raising their children. When the care and upbringing of a child are contested issues, the quality, and conduct of an evaluation is of the utmost im rtance for the well-being of the child and for society at large. Whenever possible and appropriate, multiple examinations of the child by different examiners shall be avoided. (Effective 7/1/19) B. COURT-ORDERED EVALUATIONS 1. All custody evaluations must comply with California Rules of Court 5.220 et. seq. 2. The court may appoint an evaluator under Evidence Code section 730 or Family Code section 3110. 3. Evaluators must meet the education, experience and training standards set forth in Family Code section 3110.5, California Rule of Court 5.225, and 5.230. 4. No peremptory challenge to a Court-appointed evaluator is allowed. 5. Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented. The request shall include the reason for the request and a status report on any action taken by the evaluator appointed to the case. 6. Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing. Complaint Form [GCSC AD-050] 7. Ex parte Communication a. In the absence of a stipulation, ex parte communications by the attorneys with the evaluator are prohibited, except to schedule appointments. After the first appointment, no party or attorney for a party may initiate one-sided contact with the evaluator. The evaluator may contact the parties at any time. b. An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first providing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed. After 72 hours from receipt has elapsed, unsolicited comments may only be presented by the scheduling of a conference call involving all parties. c. The evaluator may initiate an ex parte communication with the Child Custody Recommending Counselor to obtain copies of the court file, any previous reports, or investigations, and to obtain necessary addresses. 8. A copy of the appointment of the evaluator under Evidence Code section 730 will be made available to the court assigned evaluator. A court ordered evaluation may be limited in scope to the issues identified by the Court. a. The Court determines and allocates between the parties any fees or costs of the evaluation. (Effective 7/1/19; Amended 1/1/2020 C. EVALUATION REPORT/CONFIDENTIALITY The Court shall establish a specific date the evaluator shall return the report to the Court, which shall be not less than ten (10) days prior to hearing. The date may be extended by order of the Court or by written agreement of the parties with Court approval. The evaluation report shall be in writing and shall be admissible into evidence subject to cross-examination and motions to strike. The report shall be distributed to the Court and the parties or their counsel of record, and shall not be distributed to minor children, except upon a showing of good cause and order of the court. The report and information contained in the report shall be used only in the legal proceedings and for no other purpose and shall not be copied or disseminated in any fashion by the parties absent order of the court. Upon completion of the hearing or upon settlement of the matter, the Court’s copy of the reports shall be placed in the confidential portion of the court file. The recipient shall be advised in writing of the confidentiality of the report and the potential consequences for unwarranted disclosure per FC 3111 and CRC 5.220(i)A. (JC form FL-328) (Effective 7/1/19) D. UNAUTHORIZED REMOVAL OF REPORT Unauthorized removal of the evaluator's report from the Court file or the jurisdiction of the Court is a felony [GC § 6200, et seq.] (Effective 7/1/19) E. TESTIMONY OF EVALUATOR The Evaluator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown. (Effective 7/1/19) 5.3 INVESTIGATIONS A. PURPOSE AND INTENT The Court orders investigations to assist it in determining the health, safety, welfare, and best interests of children with respect to disputed custody and visitation issues. (Effective 7/1/19) B. COURT-ORDERED INVESTIGATIONS All investigators shall meet the requirements of CRC, rule 5.225. (Effective 7/1/19) C. PEREMPTORY CHALLENGE Peremptory challenges to an investigator appointed by the Court shall not be permitted. (Effective 7/1/19) D. INVESTIGATION REPORT/CONFIDENTIALITY The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing. The date may be extended by order of the Court or by written agreement of the parties with Court approval. Partial investigation reports shall be provided to the parties at the time designated by the Court. Upon reaching an agreement regarding child custody and visitation in mediation, a copy of the Mediated Agreement, signed by all parties and the Counselor, shall be provided to the parties before leaving mediation. All Child Custody Investigation reports and Child Custody Recommendations of the Counselor shall be in writing and shall be admissible into evidence subject to cross-examination and motions to strike. The report shall be distributed to the Court and the parties or their counsel of record, and sh ll not be distributed to minor children, except upon a showing of good cause. The report and information contained in the report shall be used only in the legal proceedings and for no other purpose. Upon complet on of the hearing or upon settlement of the matter, all reports shall be placed in the confidential portion of the Court file. (Effective 7/1/19) E. UNAUTHORIZED REMOVAL OF REPORT Unauthorized removal of the investigator’s report from the Court file or the jurisdiction of the Court is a felony [GC § 6200, et seq.] (Effective 7/1/19) F. TESTIMONY OF INVESTIGATOR The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown. (Effective 7/1/19) G. GRIEVANCES Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number AD-050) in writing, to the Court Executive Officer within five (5) days of receipt of the report. (Effective 7/1/19) 5.4 COURT APPOINTED COUNSEL FOR CHILD Complaints regarding the performance of a court-appointed counsel for a child shall be in writing and addressed to the Court Executive Officer. The Court Executive Officer of his/her designee, in consultation with the Family Law Judge, will investigate, evaluate and respond to the complaint in due course. (Effective 7/1/19) 5.5 PENALTY A. Any party who has received reasonable notice of and fails to attend and complete orientation without good cause or who cancels within 48 hours of the appointment shall be assessed a $50 monetary penalty for the first violation. The court may assess a $100 monetary penalty for each subsequent failure. The court may order additional sanctions. (Effective 7/1/19) B. Any party who has received reasonable notice of and fails to attend and complete mediation (child custody recommended counseling) without good cause or who cancels within 48 hours of the appointment shall be assessed a $50 monetary penalty for the first violation. The court may assess a $100 monetary penalty for each subsequent failure. The court may order additional sanctions. (Effective 7/1/19) C. Any party who has received reasonable notice and fails to comply with any court-ordered drug test shall be assessed a $50 monetary penalty for the first violation and may be assesses an additional $100 monetary penalty for each subsequent failure. The court may order additional sanctions. (Effective 7/1/19) D. Any party who fails to sign releases of information necessary for FCS investigations/evaluation shall be assessed a fee of $50 for the first failure, $100 for the second and any subsequent failures. The court may order additional sanctions. (Effective 7/1/19) E. Any party who fails to timely complete investigative packets without good cause shall be subject to a $50 monetary penalty for the first failure and $100 for any additional failures. The court may order additional sanctions. (Effective 7/1/19) F. Any party who fails to timely report to Glenn County Court Collections when ordered to do so without good cause shall be subject to a $50 monetary penalty for the first failure and $100 for any additional failures. The court may order additional sanctions. (Effective 7/1/19) 5.6 STIPULATION MODIFYING EXISTING ORDER In any family matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel, and minor’s counsel, if minor’s counsel has been appointed. The stipulation shall then be presented to the court along with appropriate filing fees. (Effective 7/1/19) 5.7 UNCONTESTED TRIALS-DOCUMENTS REQUIRED If the Court determines that an uncontested matter is to be set for hearing, the following documents shall be filed: A. Either (1) a Request to Enter Default and supporting declaration in the form prescribed by the Judicial Council or (2) an executed written stipulation that the matter may be treated on an uncontested basis; and (Effective 7/1/19) B. Current Income and Expense Declaration and Property Declaration forms, completed as prescribed by the Judicial Council, infra, unless excused by FC § 2330.5. (Effective 7/1/19) C. At the hearing of the uncontested matter, counsel shall provide to the Judge the original of the proposed judgment, including any marital settlement agreement. In the event of a stipulated judgment, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel. At the option of counsel, blank spaces may be left for insertion of the amount of child and spousal support. (Effective 7/1/19) 5.8 CONTESTED TRIALS A. PURPOSE OF RULES; DUTIES OF COUNSEL The purpose of this rule is to ensure that contested family law matters are thoroughly prepared and expeditiously tried, and to avoid using the trial itself as a vehicle for what should be pretrial deposition, discovery, and settlement procedures. Counsel, vested with full authority from their clients to dispose of these matters, shall confer in good faith to review the pretrial statements required by these rules prior to the time set for any settlement conference and/or trial in order that, to the fulle extent possible, issues can be resolved by stipulation and those issues remaining for determination by the Court can be clearly delineated. (Effective 7/1/19) B. AT-ISSUE MEMORANDUM An At issue Memorandum [GCSC FL-050] shall be filed and served before any contested case will be set for trial, unless the court sets the trial date in open court with all parties present. The filing of an At Issue Memorandum will result in the Calendar Clerk scheduling a status conference and a trial date, provided that both parties have completed final disclosure. If both parties have not completed final disclosure and filed declarations pursuant to FC § 2105 [JC Form FL-141] or waivers of final disclosure pursuant to FC § 2105(d) [JC Form FL-144], the Calendar Clerk shall notice all parties and set a status conference where the Court will set the trial date. If custody and visitation issues have not been resolved, during status conference, the Court will refer the case to mediation. Absent permission of the Court, no case will be set for trial until both parties have either filed declarations re: final declarations of disclosure pursuant to FC § 2105 or filed waivers of final disclosure pursuant to FC § 2105(d). At the status conference, the Court will set the matter for trial, relying upon the time estimation that is provided by the parties. The Court will not continue the trial absent noticed motion and a showing of good cause, or stipulation by all counsel approved by the court. Any motion to continue must be filed and timely served prior to the trial date. During trial, if the parties exceed their time estimation, the remainder of the trial may be reset. (Effective 7/1/19) C. STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE CASE 1. Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following: a. A statement of the issues (disputed and undisputed), contentions, and proposed disposition of the case. b. A current income and expense declaration, if either support or attorney’s fees are at-issue. c. An updated statement of assets and debts, if additional assets or debts have been discovered. d. A witness list in which counsel may utilize the non-mandatory JC form FL-321, specifying for each witness, his/her name, address, contact telephone number, and a brief summary of the witness’ expected testimony. Only disclosed witnesses will be permitted to testify at trial, except for rebuttal witnesses or for good cause shown. e. A list of Exhibits with legible copies to be exchanged with opposing counsel. Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown. f. Supporting documentation regarding any request for a needs-based award of attorney’s fees, including, but not limited to billing/statements. 2. A Failure to do so by both sides may result in the matter being dropped from the trial or settlement conference calendar. 3. Failure by one party may allow the complying party to continue the cause and/or sanctions to be imposed, as permitted by law; 4. Failure of any party to specify an issue in dispute in a statement of issues may result in an issue sanction (no evidence may be presented relating to omitted issues) or other sanction at the hearing or trial. (Effective 7/1/19) 2. TRIAL BRIEF AND REPLY BRIEF Trial and reply briefs shall include a full and complete statement of property and income and expenses, and shall set forth the following information in the following order, as it applies to the party filing, except as hereafter provided: (Effective 7/1/19) 3. SEPARATE PROPERTY List each item of separate property, the year it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, and manner in which title thereto is presently vested, and the relevant title data. (Effective 7/1/19) 4. COMMUNITY PROPERTY List each item of community property, the year 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. (Effective 7/1/19) 5. 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 calculations and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, details regarding those loans should be set forth. (Effective 7/1/19) 6. 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. (Effective 7/1/19) 7. CURRENT OBLIGATIONS Separately list all debts and obligations of the spouses, 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 balance currently due thereon, the terms of payment and the security, if any, held by the creditor. (Effective 7/1/19) 8. CURRENT INCOME AND EXPENSE Specify and set forth current income and expenses by completing and filing the form adopted for mandatory use, Judicial Council of California, Form FL-150 prescribed by CRC, rule 5.112.1. Previously filed Income and Expense Declarations shall not be considered as compliance with this requirement. (Effective 7/1/19) 9. PROPOSAL FOR PROPERTY DIVISION AND SUPPORT Set forth a proposed equal division of community property of the parties, giving due consideration to the liabilities, costs and attorney's fees. In addition, specify each party's contentions as to child custody and visitation, and as to amount and duration of child and spousal support. (Effective 7/1/19) 10. EVIDENCE The court does not receive telephones or computers into evidence. If a party wishes to submit evidence obtained from an electronic device it must be printed out, in the case of text messages or social media texts or copied onto a disc in the case of videotapes for receipt into evidence, after proper authentication. The parties must comply with applicable evidentiary and discovery statutes and the applicable Rules of Court. (Effective 7/1/19) 11. JUDGMENTS - DUTY TO PREPARE After a contested trial, the petitioner, or other 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.” If not so approved, the preparing party shall 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 7/1/19) 5.9 CONTINUANCES Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (GCSC FL-030) submitted to the Court for its Order approving or denying the continuance. A continuance fee shall be paid to the Court Clerk’s office at the time of filing. (Effective 7/1/19) 5.10 STEPPARENT VISITATION Pursuant to FC § 3101, a stepparent may petition for visitation utilizing local forms: Petition for Stepparent Visitation and Notice of Hearing re Petition for Stepparent Visitation (Local Form Number FL-040). Pursuant to CRC, rule 5.24 a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding. (Effective 7/1/19) 5.11 GRANDPARENT VISITATION Pursuant to FC § 3103, a grandparent may petition for visitation utilizing local forms: Petition for Grandparent Visitation (Dissolution Action Filed), and Notice of Hearing and Petition for Grandparent Visitation (No Dissolution Action Filed) and Notice of Hearing (GCSC FL-045, FL- 046). Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding. (Effective 7/1/19) 5.12 FAMILY LAW FACILITATOR As required by the Family Law Facilitator Act, FC § 10000, et seq. this Court maintains an Office of the Family Law Facilitator. Pursuant to FC § 10005, this Court may designate certain additional duties of the Family Law Facilitator. (Effective 7/1/19) 5.13 COMMUNICATIONS REGARDING CRIMINAL PROTECTIVE ORDERS AND CHILD CUSTODY/VISITATION ORDERS Courts issuing criminal protective orders shall make reasonable efforts to determine whether any child custody, visitation order or domestic violence order exist that involve any party to the pending criminal action. Court staff shall, at a minimum, check reasonably available resources to determine such information. Courts issuing orders involving child custody or visitation shall make reasonable efforts to determine whether a criminal court protective order exists that involves any party to the pending c il action. Court staff shall, at a minimum, check reasonably available resources to determine such information. A court that has issued a criminal protective order may, after consultation with a court that has issued a subsequent child custody or visitation order, modify the criminal protective order to allow or restrict contact between the person restrained by the order and his or her children and also modify the domestic violence restraining order regarding issues not previously addressed.
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.