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Chapter 8 (Rules 8.0 to 8.16): the purpose of the family law rules - all Family Law Matters, including the Family Law Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, the UCCJEA, the UIFSA and the Domestic Partnership Act (8.0); the rules governing civil cases applied to family law matters (8.1); sanctions for noncompliance (8.2); every blank on Judicial Council forms answered ("Unk", "Est", "N/A" or "None") (8.3); family law case management (8.4); the Court's Meet and Confer Orders (Appendix 8.5) before a hearing on a Request for Order (FL-300) (8.5); stipulations in open court (8.6); findings and orders after hearing (8.7); the Master Family Law Calendar and Pro Per Calendar - time estimates, priorities, trial setting after an At-Issue Memorandum (Appendix 8.8) and matters taken off calendar (8.8); the Mandatory Settlement Conference - settlement demands and final declarations of disclosure exchanged no later than fourteen (14) calendar days before it, filings no later than ten (10) calendar days before it, Income and Expense Declarations less than ninety (90) calendar days old, and the Statement of Issues, Contentions and Proposed Disposition of the Case (Appendix 8.9) (8.9); child custody recommending counseling - the online orientation program and its certificate of completion before a CCRC appointment, Humboldt County a "recommending jurisdiction", fees of $50.00 and $100.00 for missed appointments, a change of counselor, a separate session where domestic violence is alleged, declarations not exceeding 10 pages, the $275.00 deposit for a counselor's testimony with ten (10) court days notice, and complaints within 45 days (Appendix 8.10) (8.10); complaints about the Family Law Facilitator (Appendix 8.11) (8.11); supervised visitation providers' declarations (forms FL-324(P) and FL-324(NP), Appendix 8.12) (8.12); judgments - a notarized signature on a default with agreement, approval of the child support provisions by the North Coast Regional Department of Child Support (DCSS), and a hearing for a judgment of nullity (8.13); ex parte hearings and orders, with the Declaration re Notice of Ex Parte Hearing (Appendix 8.14) (8.14); spousal or domestic partner support - permanent support under Family Code §4300 et seq., and temporary support by the minimum, average and maximum schedules, the average adopted unless good cause is shown (8.15); and the Children of Divorce Workshop (Appendix 8.16) (8.16).
California > First Appellate District > Humboldt County > Superior Court of California, County of Humboldt
CHAPTER 8 - FAMILY LAW RULES 8.0 Purpose of Family Law Local Rules The following Rules are enacted to provide uniform local rules governing all Family Law Matters, including all matters under the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Uniform Interstate Family Support Act (UIFSA), the Domestic Partnership Act, and guardianships and adoptions, and any other matters involving child support, spousal support, or child custody and visitation. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.1 Application of Rules Except as inconsistent with these Rules, Family Law Matters shall be subject to the Rules governing civil cases generally, including but not limited to the California Rules of Court, California Code of Civil Procedure, and Humboldt County Local Civil Rules of Court. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.2 Compliance with Rules – Sanctions Strict compliance with these Family Law Rules is necessary to the expeditious resolution of family law matters and is therefore mandated for all participants. A failure by counsel or a self-represented party to comply with these Rules may be cause for imposition of sanctions payable to the court or to the aggrieved party or counsel. Such failure may also be cause for the imposition of payment of reasonable expenses, including attorney fees and costs, payable to the aggrieved party or counsel. In addition to monetary sanctions, the court may order removed from the calendar and/or dismissal of the action or proceeding or any part thereof. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.3 Filing and Service (a) Completion of Forms All Judicial Council forms, including declarations, must be timely filed. All blanks on the forms must be answered. Notations such as "Unk" for Unknown, "Est" for Estimate, "N/A" for Not Applicable, and "None" should be used to avoid leaving any item blank. (Eff. 07/01/2013; as amended eff. 01/01/2017; as amended eff. 01/01/2018) 8.4 Family Law Case Management (a) The Court adheres to processes and procedures for management of family law matters from initial filing to final disposition as set forth in the Family Code, California Rules of Court, and Standards of Judicial Administration. (b) The Court may enact procedures to accomplish effective case management of all family law proceedings, including dissolutions, legal separations and nullity of marriages and registered domestic partnerships, parentage proceedings, matters of support and custody, and other matters involving child custody and child visitation, support of children, spouses and families, and all other matters subject to the Family Code. Such procedures may include, but are not limited to, mandatory case management conferences, voluntary or mandatory settlement conferences and status conferences. (c) Pursuant to the California Rules of Court, upon the filing of a family law matter, the Court shall provide the parties with information regarding the disposition of family law matters pursuant to the requirements of the California Rules of Court. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.5 Meet and Confer Requirement All parties and all attorneys are to comply with the Court’s Meet and Confer Orders (see Appendix 8.5) prior to a hearing on a Request for Order (FL-300) as required in California Rules of Court. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.6 Stipulations in Open Court The settlement of matters resulting in stipulations is favored and will take precedence on the calendar over contested matters. (Eff. 07/01/2013; as amended eff. 01/01/2017; as amended eff. 01/01/2018) 8.7 Preparation of Findings and Order After Hearing The court may prepare the Order After Hearing and serve copies on the parties or their attorneys. Alternatively, the court may order one of the parties or attorneys to prepare the proposed order as provided in these rules. Findings and Orders after Hearing shall be prepared pursuant to the timelines and procedures set forth in the California Rules of Court. (Eff. 07/01/2013; as amended eff. 01/01/2017; as amended eff. 01/01/2018) 8.8 Master Family Law Calendar and Pro Per Calendar (a) At the Master Family Law Calendar and Pro Per Calendar call, counsel or self-represented parties shall state their names, appearances, whether moving or responding, and an accurate time estimate for the hearing on the matter of issues not agreed upon, including preliminary statements, testimony, and closing comments. The Court will assign all matters to a department on a date and time certain, subject to availability. Counsel and the parties must be prepared to proceed at the time of hearing. (b) The court will grant priority, where possible, to matters where special circumstances exist (e.g., out-of-town counsel or parties, witnesses under subpoena or present in court). At the calendar call, the court will give preference to stipulations, requests for continuances, and uncontested matters. Matters set for hearing on the master calendar and pro per calendar will be continued only in accordance with subsection (d), below. (c) Setting Trials: After the filing of an At-Issue Memorandum (see Appendix 8.8), the court will place the matter on the master calendar for setting of trial. The court will provide notice to the parties. (d) Matters Taken Off Calendar: After service of the moving papers, no matter shall be taken off calendar without stipulation or notice to the responding party or attorney and the court. The moving parties or their attorneys must notify the Family Division of the Clerk of Court immediately by telephone in the event the matter will not proceed to hearing. This notification should be followed by a written transmittal signed by a party or the attorney for a party confirming that the matter is to be taken off calendar with a copy to opposing counsel or self-represented party. (Eff. 07/01/2013; as amended eff. 01/01/2017) 8.9 Mandatory Settlement Conference (a) Calendaring and Attendance The Court may require the parties to participate in a Mandatory Settlement Conference before a long cause matter or trial is set or heard. Absent a written court order allowing a party to appear by telephone, both parties and their counsel of record must personally attend the Mandatory Settlement Conference. Failure to comply may result in monetary sanctions, issues sanctions, or both. A Mandatory Settlement Conference may be continued by the Court for good cause, either sua sponte or upon a timely, properly noticed motion. (b) Mandatory Settlement Conference Requirements (1) Unless excused by the trial court, the parties shall comply with the following requirements: (a) No later than fourteen (14) calendar days before the Mandatory Settlement Conference, the parties shall exchange good faith settlement demands and final declarations of disclosure. (b) No later than ten (10) calendar days before the Mandatory Settlement conference, the parties shall: (i). File with the Court a Declaration re: Service of Final Declarations of Disclosure, or alternatively, file a stipulation to waive service of final declarations of disclosure, file a Statement of Issues, Contentions, and Proposed Disposition of the Case. (ii). If support or attorney’s fees and costs or other financial relief is at issue, the parties shall exchange and file updated Income and Expense Declarations unless there are Income and Expense Declarations that are less than ninety (90) calendar days old on file and all information thereon is current. (2) If both parties fail to comply with this order, then the trial date may be vacated. If only one party fails to comply and the other does, the Court may impose sanctions including but not limited to issue sanctions and monetary sanctions. (c) Meet and Confer Requirements Counsel and any unrepresented party shall meet and confer either in person or by phone before the day of the Mandatory Settlement Conference to resolve as many issues as possible as set forth in Rule 8.5 above. (d) Settlement Conference Statements When a matter is set for contested trial, both parties shall file and serve a “Statement of Issues, Contentions and Proposed Disposition of the Case” (see Appendix 8.9) no later than ten (10) calendar days prior to the settlement conference or ten (10) calendar days prior to the trial date, whichever is greater. The purpose of this statement is to assist the trial judge, and the time for filing of a statement may not be extended by stipulation. (Effective 07/01/2013, as amended eff. 01/01/2018) 8.10 Child Custody Matters: Recommending Counseling Services (a) Referral to Child Custody Recommending Counseling and Online Orientation Program At the hearing on a Request for Order (FL-300) requesting child custody and/or visitation orders, the Judicial Officer may order the parties to engage in an informal mediation session prior to the court hearing with a Mediator and/or Child Custody Recommending Counselor (CCRC). If the parties are unable to reach an agreement, the court will set the matter for a CCRC recommending session. All parties ordered to a CCRC are required to complete the online orientation program and file a certificate of completion prior to a CCRC appointment. (b) Recommendations of Child Custody Recommending Counselors (1) Humboldt County is a “recommending jurisdiction.” If parties are unable to reach agreement, the Child Custody Recommending Counselors are authorized to render a recommendation to the Court as to the custody and visitation of children involved in a case. (2) Failure to appear for a CCRC session without 48 hours’ notice may result in assessment of fees in the amount of $50.00 for the missed appointment. If a CCRC session is rescheduled and the appointment is missed, an additional $100.00 may be assessed. (c) Change of Counselor A CCRC may disqualify himself/herself from a case for good cause. A party does not have the right to disqualify a counselor. A party may request a different counselor by written request to the Court Executive Officer, Administration, Room 231, stating the reason(s) for the request. Copies of the request must be delivered by the requesting party immediate to the counselor and all the other parties and attorneys, if any. Requests based solely on disagreement with the counselor’s recommendations will not be honored. (d) Domestic Violence A party alleging domestic violence may elect to have a separate child custody recommending session as pursuant to Family Code § 3181 and California Rule of Court 5.215. (e) Participation of Children Children shall not be present for court hearings or CCRC sessions unless ordered by the court or requested by the Child Custody Recommending Counselor. The Court will determine whether and under what conditions a minor is interviewed. If a child who is 14 years or older wishes to address the Court regarding custody or visitation, the child shall be permitted to do so, unless the Court determines that doing so is not in the child’s best interests. (f) Interpreters in Child Recommending Counseling Sessions If a court certified interpreter is not available to interpret for a party in a recommending counseling session, a neutral person fluent in the participant’s native language may interpret for the party during the session. Individuals who serve in this capacity shall be required to sign a confidentiality agreement. No minor children of the parties will be allowed to serve as an interpreter. (g) Declarations (1) All declarations submitted to the Child Custody Recommending Counselor for consideration shall comply with California Rules of Court, Rule 2.100. No single declaration shall exceed 10 pages in length nor shall the total number of pages submitted by or on behalf of any parent. All papers submitted to the Counselor for consideration shall first be filed with the Court and must be accompanied by a proof of service. (2) No court documents shall be served or exchanged at the Child Custody Recommending Counselor’s office or the Self-Help Center. Videos, recordings, electronic communications and photos shall not be brought to the CCRC session. (h) Testimony of Child Custody Recommending Counselor A party seeking testimony at a hearing or trial from the Child Custody Recommending Counselor must pay a deposit, subpoena the counselor and provide at least ten (10) court days advanced notice to the Counselor. The deposit of $275.00, pursuant to California Government Code § 68097.2, must be processed by the Family Law Clerk’s office before the subpoena is served. (i) Referrals In some cases involving allegations of abuse, neglect or other serious unfitness of a parent, the investigation of these issues will be referred by the Court for an investigation under California Welfare & Institutions Code § 300. This referral may occur at any stage of the proceedings. Appointment of counsel under Family Code §§ 3150, et seq. will be considered. (j) Complaints Regarding Child Custody Recommending Counselors (1) Complaint Process: As required by California Rules of Court, the Court has adopted a procedure for processing complaints regarding Child Custody Recommending Custody Counselors. A completed Mediator Complaint Form (see Appendix 8.10) must be completed and submitted to the Court’s Human Resources Department. Complaints may not be lodged more than 45 days after receipt of recommending counselor services. (2) Requests for a new Child Custody Recommending Counselor: The requesting party shall complete and file with the court local form (see Appendix 8.10) which is included in the appendix to these rules. The judicial officer assigned to the case will determine if the request should be granted. (k) Private Mediation The parties may stipulate to have a private mediator or custody investigator attempt to help resolve their disputes regarding custody and visitation at their own expense. (Eff. 07/01/2013; as amended eff. 01/01/2018; as amended eff. 01/01/2019) 8.11 Complaints Regarding Family Law Facilitator A person who requests to file a complaint against the Family Law Facilitator shall complete the Family Law Facilitator Customer Complaint Form (See Appendix 8.11) and submit to the Court’s Human Resources Department. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.12 Supervised Visitation Providers of Supervised Visitation must adhere to the standards and rules of Family Code §3200 and Standards of Judicial Administration Standard 5.20 and shall complete and file the Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), along with the professional provider’s original report required by Standard 5.20(j)(3); or either a Declaration of Supervised Visitation (Nonprofessional) (form FL-324(NP)) or the Nonprofessional Visitation Monitor Declaration of Qualifications (see Appendix 8.12) for each case wherein supervised visitation services are provided. The Declaration and professional provider’s original report shall be maintained in each individual case file. (Eff. 07/01/2013; as amended eff. 01/01/2018; as amended eff. 01/01/2022) 8.13 Judgments (a) Judgment Requirements Pursuant to California Rules of Court Judgments must include all matters subject to the court’s jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time. Default judgments may not exceed the requested relief in the petition. If the parties submit a signed default Judgment (“Default with Agreement”), the signature of the defaulting party must be notarized. (b) Approval of Department of Child Support Services (DCSS) North Coast Regional Department of Child Support (DCSS) must approve the child support provisions of the Judgment if DCSS is providing services in the case. (c) Nullity Judgment (1) A hearing is required for a judgment of nullity to prove the grounds for the annulment. The hearing is obtained by the filing of a Request for Order. (2) The requirements of Family Code §2100 regarding disclosures of assets and liabilities apply to nullity proceedings. (Eff. 07/01/2013; as amended eff. 01/01/2018) 8.14 Ex-Parte Hearings and Orders The procedure and notice of the submission of an application for emergency (ex-parte) orders and/or for a short notice hearing must be completed pursuant to applicable law and the California Rules of Court, including all requirements for a declaration setting forth that notice to the other party has been given or, alternatively, the reason notice has not been given. Applicants shall use the Declaration re Notice of Ex Parte Hearing (see Appendix 8.14) to verify compliance with notice requirements. The form is available on the Court’s website at: www.humboldt.courts.ca.gov, or at the Clerk’s Office located in the Humboldt County Courthouse at 421 I Street, Eureka, California. (Eff. 01/01/2018) 8.15 Spousal or Domestic Partner Support (a) Permanent Spousal or Domestic Partner: Permanent spousal or domestic partner support shall be established according to the provisions of Family Code §4300 et seq. and California Rules of Court 5.260 and 5.275. (b) Temporary Spousal or Domestic Partner Support: Temporary spousal or domestic partner support shall be determined based on the factors, guidelines and schedules set forth below. The schedules are subject to change. Temporary support may be calculated manually or by a certified software program designated in the California Rules of Court that contains the Humboldt County Superior Court’s formula option. Temporary support calculations shall not be used as a guideline for long term support at trial or thereafter. The court will consider the following factors in determining temporary support: (1) The total net monthly income (including all cash flow) after deduction of mandatory taxes, social security, medical insurance, union dues, and mandatory retirement contributions. (2) Whether the supported spouse or domestic partner has use of the family residence and is making payments thereon, including utilities, insurance, taxes or rent. (3) The total assets and liabilities and marital living standard. (4) The actual tax consequences to the parties of entry of the temporary order. In general, the court will select among three support options in setting the amount of temporary support: minimum, average and maximum support. The court will adopt the average in determining temporary spousal or partner support unless good cause is shown. Good cause to deviate from the average spousal or partner support guideline may exist if the child support obligations of the supporting spouse or domestic partner are an amount greater than 50% of the net monthly income of the supporting spouse or partner. Temporary Spousal or Domestic Partner Support Schedule Note: If the supported spouse or domestic partner is working, and receives a net monthly income equal to 60% or more of the supporting spouse or partner, generally no temporary spousal support will be ordered. Also, if child support is paid by the supporting spouse or domestic partner, the supporting spouse or partner’s net monthly income shall be reduced by the amount of child support paid before applying the calculations set forth below. If There Are No Minor Children (a) Minimum Support: If there are no minor children, and the supported spouse or partner receives a net monthly income less than 60% of the supporting spouse or partner, minimum temporary support is computed by subtracting one-half of the supported spouse's or domestic partner’s net monthly income from 30% of the supporting spouse's or partner’s net monthly income. (b) Average Support: If there are no minor children, the average temporary spousal or partner support is computed by subtracting 50% of the supported spouse's or domestic partner’s net monthly income from 35% of the supporting spouse's or partner’s net monthly income. (c) Maximum Support: If there are no minor children, the maximum temporary spousal or partner support is computed by subtracting 50% of the supported spouse's or domestic partner’s net monthly income from 40% of the supporting spouse's or partner’s net monthly income. If There Are Minor Children (a) Minimum Support: If there are minor children, and the supported spouse or domestic partner receives a net monthly income less than 60% of the supporting spouse or partner, the minimum temporary spousal or partner support is computed by subtracting one-half of the supported spouse's or partner’s income from 25% of the supporting spouse's or partner’s net monthly income. (b) Average Support: If there are minor children, the average temporary spousal or partner support is computed by subtracting 50% of the supported spouse's or domestic partner’s net monthly income from 30% of the supporting spouse's or partner’s net monthly income. (c) Maximum Support: If there are no minor children, the maximum temporary spousal or partner support is computed by subtracting 50% of the supported spouse's or domestic partner’s net monthly income from 35% of the supporting spouse's or domestic partner’s net monthly income. (Eff. 07/01/2013) 8.16 Children of Divorce Workshop (a) Policy: After filing a petition for dissolution of marriage or legal separation, the court’s policy is that those parties with children should attend the Children of Divorce Workshop (see Appendix 8.16), which is a program designed to inform parents of the effects of divorce on their children. (b) Post-Judgment Modification of Custody and/or Visitation Orders: After entry of a judgment of dissolution of marriage or legal separation, neither party may modify child custody and/or visitation orders (unless by stipulation) without completing the Children of Divorce Workshop and providing proof to the court or obtaining a waiver of this requirement from the court. (1) This requirement does not apply to parties seeking restraining orders or temporary orders in emergency circumstances. In those cases, the court will make child custody and/or visitation orders in the best interest of the child(ren). The court may require parties requesting temporary orders to appear personally to prove-up the need for such orders. (Eff. 07/01/2013; as amended eff. 01/01/2018; as amended eff. 01/01/2019)
CHAPTER 8 - FAMILY LAW RULES 8.0 Purpose of Family Law Local Rules The following Rules are enacted to provide uniform local rules governing all Family Law Matters, including all matters under the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Uniform Interstate Family Support Act (UIFSA), the Dom
Reviewer note: Composed 2026-10-10 (California T4 Humboldt build 2026-10-10) from BenchPath custody ca/t4/ca-humboldt/docs/local-rules/05-16-2025-local-rules-effective-july-1-2025.pdf (the court's rule book, its cover “HUMBOLDT COUNTY SUPERIOR COURT LOCAL COURT RULES Effective July 1, 2025”, as fetched 2026-10-10; 3339720 bytes, sha256 61bbba76fd55c4b89e8f2aaf073ca274d1bc27cc4fb94111264286bf177d5ca4; 111 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1, 2, 3, 6, 7, 8 and 9 (PDF pages 7 to 19; 20 to 28; 29 to 33; 36; 37 to 59; 60 to 69; 70), each beginning at the top of a page, and Appendix 8.5, the Meet and Confer Orders Rule 8.5 requires (page 80): each page's running header (“Superior Court of California, County of Humboldt”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 111 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: two lines the reflow broke inside a sentence before a cross-reference - Rule 2.9(e)'s “Local Rule 2.9” and Rule 3.4(b)'s “subparagraph (a)” - set back to a space, and Rule 2.10's attorney fee schedule, whose five right-aligned rows the reflow ran together in pairs, set a row a line as the page prints them; the vertical-gap, short-line and false-break audits find no other); no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, Chapters 4 and 5 (each “RESERVED”), the appendices' forms other than Appendix 8.5, the lists of forms by number and by name, the list of effective dates and the index belong to no card. Review note: Under the heading "If There Are Minor Children", Rule 8.15's maximum support item (c) opens "If there are no minor children" as printed - the opening of the item under the heading "If There Are No Minor Children" - and computes it from 35% of the supporting spouse's or partner's net monthly income; which case the item governs is a review task. Rule 8.10(j)(1) prints "Child Custody Recommending Custody Counselors" (carried as printed).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.