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Division 5, Chapter 1: Judicial Council forms (5.1.1); Marvin cases (5.1.2); orders shortening time on an affidavit or declaration of urgent need, the papers filed not later than 4:00 the day before the hearing (5.1.4); requests for orders on spousal support, child support and attorney's fees supported by a complete income and expense declaration, served with two blank forms, the responding party's declaration filed three (3) court days prior to the hearing (5.1.5 to 5.1.7); fees waived (5.1.8); requests for orders set in the family law department to which the case is assigned, and trial setting on an at-issue memorandum (5.1.9 and 5.1.10); matters stricken on non-appearance, counsel's duty to inform the courtroom Clerk, and restoration to calendar (5.1.13 to 5.1.15); hearings, stipulations reduced to writing and the bifurcation of custody (5.1.17); a mandatory settlement conference for a trial estimate of five hours or more (5.1.18); appraisals (5.1.19); default hearings at 8:30 a.m., Monday through Friday in Department 37, Department 44 and the Temporary Remote Department, Fridays at 9:30 in Department 40, with a proposed judgment (5.1.20); family law and motion matters at 8:30 a.m. (5.1.22); child support under Family Code § 4055 and Xspouse software for temporary spousal support (5.1.23 and 5.1.24); Family Court Services - child custody evaluation as visitation work, the parties' responsibility to contact Family Court Services for intake, a memorandum to the Court if a party has not contacted it ten (10) Court days before the hearing, no charge for the orientation and the initial appointment, a fee of $200.00 for failing to attend without notifying Family Court Services 48 hours in advance, $100.00 per parent for each subsequent session and for each child interview, investigations $600.00 per parent and limited scope investigations $200.00 per parent (5.1.25 to 5.1.27); a request for relief from the investigation charge filed not less than twenty (20) days before, the Court to grant or deny it within five (5) Court days, and fee waivers approved before the first appointment (5.1.28 and 5.1.29); private evaluators by stipulation, and no peremptory disqualification of court evaluators (5.1.30 and 5.1.31); interviews with minor children (5.1.32); Madera County a recommending county, the counselor's report confidential and considered as evidence (5.1.33); a subpoena for a Child Custody Recommending Counselor delivered with the $275.00 deposit not less than ten (10) court days before, at $55.00 per hour if expenses exceed the deposit (5.1.34); copies of Family Court Services reports (5.1.35); the MAD-CIV-010 Confidential Declaration on filing a petition (5.1.36); family-centered case resolution - a status conference within 120 days of the petition and every 180 days, dismissal or other orders for failure to comply, reinstatement within six (6) months, and the Notice of Family Law Case Status Conference served with the petition (5.1.37 and 5.1.38); Family Court Services appointments cancelled at least 48 hours prior, sanctions up to $1,500.00 (5.1.39); counts in criminal contempt actions (5.1.40); minor's counsel qualified under rule 5.242, who must file form FL-322 no later than 10 days after appointment and annually, and complaints about minor's counsel (5.1.41 and 5.1.42); and professional visitation providers' form FL324(P) (5.1.43)
DIVISION 5 DOMESTIC RELATIONS AND JUVENILE MATTERS Chapter 1 General 5.1.1 Domestic Relations Forms. All applications in matters coming under the Divisions 6 through 12, inclusive, of the Family Code, and related papers, shall be prepared so far as possible on forms approved by the Judicial Council. The Clerk’s office has approved Judicial Council forms available for counsel and parties. (Effectiv
Reviewer note: Composed 2026-10-15 (California T4 Madera build 2026-10-15) from BenchPath custody ca/t4/ca-madera/docs/local-rules/final-madera-superior-court-local-rules-effective-january-1-2026-july-1-2026.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF MADERA LOCAL RULES OF COURT ADOPTED AND EFFECTIVE January 1, 2026 (Version remains in effect July 1, 2026)”, as fetched 2026-10-15; 917952 bytes, sha256 09e571d1d3d274fb9327738b46ba46823820c85e97926c20e3350d7c5ac18500; 135 pages; this part PDF pages 75 to 87, page numbers 75 to 87) with the shared verbatim composer (v2 reflow): the rules (PDF pages 18 to 118) composed as one text and cut at the division headings, and in Divisions 2, 4 and 5 at a chapter heading (“Chapter 7 Telephone Hearings in Selected Departments Using CourtCall System.”, “Chapter 2 Traffic Matters”, “Chapter 2 Juvenile Dependency Cases -Appointment of Counsel”), each matched once as a whole line; every page's three-line running head (“Superior Court of California”, “County of Madera”, “Local Rules of Court”, named) and page number (“18” to “118”, named) removed as chrome - 404 chrome lines; lines reflowed into the rules' paragraphs, each rule number and lettered or numbered subdivision starting a line; the strike report (review/strike-report-2026-10-15.txt) finds no struck run in the book; the SymbolMT font's trademark sign after “CourtCall” in Rule 2.7.2(c) and “COURTCALL” in Rule 2.7.4 (PDF pages 44 and 45), a private-use code point in the text layer, read as the “™” it prints (the composer's glyph map, applied to the text and the proof's layer alike); 6 whitespace-only fixes (build/book-fixes.json: two rule numbers cited at a line's head - “1.6.9” and “7.1.7” - rejoined to their sentences, Rule 1.3.1(i)'s “1.3.1(a)-(h)” rejoined, the end of Rule 1.6.4's fee table and the paragraph after it split, a row of Rule 1.6.7's fee schedule split from the next row's label, and Rule 4.2.10(f)'s mailing address split into its lines); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-15.txt, review/book-short-lines-2026-10-15.txt, review/book-extra-audits-2026-10-15.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges of the court (PDF page 1), the instructions for filing (2), the table of contents (3 and 4), the list of effective rules (5 to 17), the index (119 and 120) and the lists of local forms (121 to 135) belong to no card. Review note: Rule 5.1.20 sets default hearings “in Department 37, Department 44 and the Temporary Remote Department”; the court's news post of July 31, 2026 moves the civil cases heard in the Temporary Remote Department to Department 44 from August 3, 2026 - the rule predates the change.
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 > Madera County > Superior Court of California, County of Madera
DIVISION 5 DOMESTIC RELATIONS AND JUVENILE MATTERS Chapter 1 General 5.1.1 Domestic Relations Forms. All applications in matters coming under the Divisions 6 through 12, inclusive, of the Family Code, and related papers, shall be prepared so far as possible on forms approved by the Judicial Council. The Clerk’s office has approved Judicial Council forms available for counsel and parties. (Effective 7/1/08) 5.1.2 Marvin Cases. Matters involving issues coming within the Marvin v. Marvin (1976) 18 Cal.3d 660, case shall be governed by the statutes, cases, and rules applying to non-family law civil cases except that: (a) A form pursuant to Family Code § 3409 shall accompany the petition if minor children are involved; (b) An Order to Show Cause or Request for Order may be issued; (c) An Income and Expense Declaration shall be required in accordance with Rule 5.260(a) of the California Rules of Court. (Effective 7/1/08, amended 1/1/13, section (c) amended 1/1/15) 5.1.3 [Deleted 1/1/21] 5.1.4 Orders Shortening Time. A request for an Order for Shortening Time of a Notice, for a Request for Order, Order to Show Cause or Notice of Motion, shall be made only after the filing of an affidavit or declaration showing an urgent need for said order, or showing that an irreparable injury may result unless the time is shortened. In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service, which said papers shall be filed with the Clerk not later than 4:00p.m. the day before the hearing. (Effective 7/1/08, amended 1/1/13, 1/1/15) 5.1.5 Requests for Orders, Orders to Show Cause and Notices of Motion Re Support or Fees. All Requests for Orders, Orders to Show Cause, and Notices of Motion, regarding payment of spousal support, child support, and attorney’s fees shall be supported by an appropriate declaration together with a complete income and expense declaration on forms provided by the Clerk’s Office. (Effective 7/1/08, amended 1/1/13) 5.1.6 Moving Papers Accompanied by Blank Forms. The moving parties’ supporting declaration and income and expense declaration shall be served with the Request for Order, Order to Show Cause and/or Notice of Motion, which shall be accompanied at the time of service by two blank forms of the petitioner’s/respondent’s income and expense declaration. (Effective 7/1/08, amended 1/1/10, 1/1/13). 5.1.7 Responding Party to Complete Forms. The party, upon being served, shall complete said income and expense declaration, in duplicate, and serve the moving party’s attorney or party, if self-represented, with one and file the other completed income and expense declaration with the Clerk three (3) court days prior to the hearing. In the discretion of the Court, a self-represented respondent may be allowed to file his or her income and expense declaration at any time prior to actual hearing upon the Request for Order, Order to Show Cause, or Notice of Motion. (Effective 7/1/08, amended 1/1/13, 1/1/26) 5.1.8 Fees. The required filing fee shall be waived if the party has submitted a petition to proceed in forma pauperis and it reasonably appears that such person could not otherwise proceed without using the funds required for the necessities of life. (Effective 7/1/08) 5.1.9 Setting Requests for Order, Orders to Show Cause and Notices of Motion in Family Law Matters. The Calendar Clerk shall set all Requests for Order, Orders to Show Cause and Notices of Motion, in family law matters to be heard in the family law department to which such case is assigned. (Effective 7/1/08, amended 1/1/10, 1/1/13) 5.1.10 Assignment for Trial Setting. Upon filing an at-issue memorandum, the matter shall be assigned for trial setting to the family law department to which such case is assigned. (Effective 7/1/08, amended 1/1/10) 5.1.11 [Deleted 1/1/10] 5.1.12 [Deleted 1/1/10] 5.1.13 Non-Appearance of Counsel or Self-Represented Party. When a matter comes on calendar and there is no appearance by counsel or self-represented party, the matter will be ordered stricken from the calendar unless: (a) The return of service of the copy of the Request for Order, Order to Show Cause, or Notice of Motion, theretofore issued by the Court is on file or the Clerk has been advised that such service has been effected, and, (b) The Clerk has been notified to request the Court for a continuance of said matter. (Effective 7/1/08, amended 1/1/13) 5.1.14 Counsel’s Duty. If an attorney is unable to be present at the time of the call of the case on calendar he or she must, prior to the call, inform the courtroom Clerk of that department of the reason for and extent of such delay. Failure to appear or furnish such information shall be deemed sufficient cause for placing such matter off the calendar or for proceeding to hear the matter in the absence of counsel as the Court in its discretion may determine. (Effective 7/1/08) 5.1.15 Restoration to Calendar. In the extraordinary situation where there is good cause therefor, the Court may order a matter stricken from the calendar to be restored to the calendar upon such conditions as the Court shall deem necessary or desirable. (Effective 7/1/08) 5.1.16 [Deleted 1/1/26, see Local Rule 2.1.4] 5.1.17 Hearings for Requests for Orders, Orders to Show Cause, and Notices of Motion. All Requests for Orders, Orders to Show Cause, and Notices of Motion, shall be heard before the law and motion judge at the time and the days as the Presiding Judge and/or Calendar Clerk may from time to time designate. In custody matters, the Court may contact Family Court Services for intake evaluation. If it appears that a report from the Family Court Services is appropriate, a stipulation on a form provided shall be signed. All stipulations must be reduced to writing and signed by the parties and their counsel (if represented). Whether payments are to be made by one (1) party on community obligations prior to trial, or whether those payments shall be reimbursable to that party prior to an equal division of the community property at trial, or whether such payments shall be considered as support shall be set out in the stipulation. In cases in which it is anticipated that custody and division of assets will be contested, counsel or self-represented party is requested to seek a bifurcation of those issues for trial. Caveat: Counsel and/or self-represented party should always bear in mind that what is in the best interests of the children is of paramount importance and that there is a substantial risk of doing irreparable harm to the children if the matter of the children’s custody is litigated in the same proceeding as the division of property. (Effective 7/1/08, amended 1/1/13) 5.1.18 Mandatory Settlement Conference. All cases involving a trial estimate of five hours or more shall be set for mandatory settlement conference. Settlement conference shall be held in accordance with the Court policy regarding family law matters and the parties and counsel shall comply with such policy. In the event of a failure to comply therewith, the Court may impose appropriate sanctions. The parties shall be present at the settlement conference, and if a settlement is effected, a judgment may be obtained. All judgments shall be approved as to the content by opposing counsel prior to submission to the Judge for signature. (Effective 7/1/08, amended 1/1/13) 5.1.19 Appraisal. In cases in which the value of assets is in dispute, the parties must be prepared to introduce legally sufficient evidence to establish value. Counsel and self-represented parties are urged to consider stipulating that a single appraiser may make an appraisal and that the results of such appraisal shall be admissible in written form thereby waiving the right of cross-examination. The Court may on its own motion appoint an appraiser at the expense of the parties, to assist in determining value. (Effective 7/1/08, amended 1/1/13) 5.1.20 Default Hearings. Default hearings shall be set by the Calendar Clerk for 8:30 a.m., Monday through Friday in Department 37, Department 44 and the Temporary Remote Department, Fridays at 9:30 in Department 40, or other department as the case is assigned. Party/Counsel shall submit with the request for setting a proposed judgment and notice of judgment prepared for signature and filing at the time of the hearing. If a party is receiving public assistance, a waiver of spousal support should not be permitted. Unless special circumstances exist, if the children of the parties are receiving public assistance, child support should be paid through and enforced by the Department of Child Support Services. (Effective 7/1/08, amended 1/1/13, 1/1/15, 7/1/19, 7/1/25) 5.1.21 [Deleted 1/1/13] 5.1.22 Family Law and Motion Matters. All family law and motion matters shall be set in the designated civil law and motion department at 8:30 a.m. on Monday through Friday of each week, subject to the directives of the Department Judge or the Presiding Judge. (Effective 7/1/08, amended 1/1/13, 1/1/15) 5.1.23 Child and Spousal Support. The Court complies with Family Code § 4055 in setting child support. The Court uses Xspouse software as a basis for determining temporary spousal support. Each party and/or the party’s attorney shall provide to the Court at the time of hearing his or her calculations as to the amount of support to be paid. (Effective 7/1/08, amended 7/1/25) 5.1.24 Computer Printouts as Basis for Support Calculation. Counsel or self-represented party may submit printouts from Xspouse or other computer software which have been approved pursuant to Family Code § 3830 as the basis for their calculation of child or spousal support without submitting expert testimony or evidence as to the accuracy of such a program. (Effective 7/1/08, amended 1/1/13, 7/1/25) 5.1.25 Charges for Child Custody Evaluation and Investigation. The Court determines that child custody evaluation is “visitation work,” for which the costs may be charged under Family Code § 3112. (Effective 7/1/08, amended 1/1/13) 5.1.26 Family Court Services Child Custody Recommending Counseling/Mediation Policies and Charges. (a) Parties shall be referred to Family Court Services by the Court. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. Unless otherwise ordered by the Court, appointments for Child Custody Recommending Counseling/Mediation will not be scheduled unless both the petitioner and the respondent contact Family Court Services and complete the intake process. If either party does not contact Family Court Services at least ten (10) Court days prior to the scheduled hearing to review the Family Court Services report, a memorandum to the Court will be issued. If a party contacts Family Court Services after the time that the memorandum is issued, they will be asked to return upon re-referral by the Court. The Court shall re-refer the matter back to Family Court Services if appropriate. In cases where one party has failed to attend their scheduled appointment on two (2) occasions, the party who has attended shall be interviewed by a Child Custody Recommending Counselor/Mediator and a memorandum without a recommendation shall be provided to the Court for review. (b) There shall be no charge for the Child Custody Recommending Counseling/Mediation orientation or the initial Child Custody Recommending Counseling/Mediation appointment. Family Court Services may charge fee of $200.00 to a party who fails to attend entirely or who fails to make themselves available within a 15-minute grace period for a scheduled Child Custody Recommending Counseling/Mediation session without notifying the Family Court Services office personnel no less than 48 hours in advance. For each subsequent Child Custody Recommending Counseling/Mediation, the Family Court Services division of the Court shall collect a charge of $100.00 per parent. This charge may increase from time to time by Policy Memorandum. For each child interview conducted by Family Court Services there shall be a $100.00 fee collected from each parent prior to the interview. Parties shall pay all fees at the time of their appointment with Family Court Services, unless they have a valid fee waiver on file. Nonpayment of fees may result in appointment cancellation. (c) Family Court Services child custody recommending counseling/mediation services are ordered by the Court. A scheduled mediation appointment shall only be cancelled in the event that the Court orders the matter off calendar or otherwise vacates the referral to Family Court Services, one or both parties do not attend (in which cases fees noted in section (b) shall apply), or if both parties stipulate to the appointment cancellation AND the parties have filed their stipulation prior to the date of the appointment with Family Court Services. (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18, 1/1/20, 7/1/23, 1/1/25) 5.1.27 Investigation Charge. (a) For each matter referred by the Court for a child custody investigation or evaluation, Family Court Services shall collect a charge of $600.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (b) For each matter referred by the Court for a Limited Scope child custody investigation or evaluation or an Expanded Mediation, Family Court Services shall collect a charge of $200.00 per parent. These charges may be increased, or otherwise changed, from time to time by Policy Memorandum. Upon referral to Family Court Services, it is the parties’ responsibility to contact Family Court Services to initiate the intake process. (Effective 7/1/08, amended 7/1/14, 1/1/17, amended and renumbered 7/1/21) 5.1.28 Ability to Pay. If a party believes that he or she does not have the ability to pay the cost of the Child Custody investigation, the party seeking relief shall file a written request for relief (on a form specified by the Court) from the charge and a complete and current Judicial Council Income and Expense Declaration Form with the Clerk setting forth, assets, all income and expenses, including copies of pay stubs for the previous month or a statement by the applicant’s employer of wages earned in the last 30 days. The request and Income and Expense Declaration shall be filed not less than twenty (20) days before either the scheduled Child Custody Evaluation or the first interview on the investigation or evaluation. The Court shall review the application, and grant or deny the application within five (5) Court days of the filing of the request. Failure to file a complete Income and Expense Declaration shall be sufficient grounds for denial of the application. The Court may grant the application as to part of the charge, or all of the charge. (Effective 7/1/08, amended 1/1/13) 5.1.29 Waivers of Court Charges and Costs. Parties who have filed an Application for Waiver of Court Fees and Costs who seek to have the charge imposed for any Family Court Services Fees waived, must submit a supplemental application under California Rules of Court 3.52. Fee waivers must be approved before the first appointment with Family Court Services. Therefore, a fee waiver should be applied for at least two weeks prior to your first appointment. Applicants for waiver of charges will be considered, on the same basis as waiver of filing fees. If no fee waiver has been approved, payment is due prior to the first appointment. (Effective 7/1/08, amended 1/1/13, 7/1/13, 1/1/17, 7/1/18) 5.1.30 Stipulation for Private Evaluation or Dispute Resolution. Upon the stipulation of the parties, and upon the Court’s finding that such an appointment is in the best interests of the minor child or children, the Court may appoint an arbitrator, appraiser, custody investigator, psychologist, psychiatrist, social worker, Child Custody Evaluator or family counselor to assist the Court in resolving custody, visitation or property disputes between the parties. The parties stipulating to such an appointment shall be entirely responsible for compensation of such an appointed person. The Court may apportion the payment of costs of such an individual between the parties. With respect to all custody and visitation matters, the Court shall reserve jurisdiction to enter orders enforcing or modifying any resolutions reached through private evaluation. (Effective 7/1/08, amended 1/1/13) 5.1.31 Disqualification of Child Custody Evaluator or Mental Health Professional. Court employees or individuals (including mental health professionals) appointed by the Court to conduct Child Custody Evaluations pursuant to Family Code § 3170, to conduct investigations pursuant to Family Code §§ 3110 et seq., or appointed pursuant to Evidence Code § 730, shall not be subject to a peremptory disqualification by any party to the proceeding. Any objection to a Child Custody Evaluation or investigation by a specific individual shall be made by noticed motion to the Court, except that any objections within Family Court Services should be made, in the first instance, to the director of Family Court Services. Further, objections to the Child Custody Evaluation or investigation by a specific individual may be made on ex parte notice upon an appropriate showing of need. (Effective 7/1/08, amended 1/1/13) 5.1.32 Contact between Court Child Custody Recommending Counselor (CCRC) and Minor Children. In conducting an interview with minor children pursuant to a court investigation under Family Code § 3110 or pursuant to court order under Evidence Code § 730, the recommending counselor, Court Investigator or other mental health professional shall be governed by the following guidelines: (a) The professional should inform the minor that his or her parents may read the report; (b) The professional who sees the child with one parent should see the child with the other parent unless there are serious and substantiated allegations of abuse or criminal conduct between the parent and the child, and the investigator, mediator, or other mental health professional determines that such an interview would not be in the child’s best interests; (c) Interviews with siblings may be together or separate in the discretion of the investigator, recommending counselor, or other mental health professional conducting the investigation or evaluation; (d) Child Custody Evaluations should be based whenever possible on interviews with both parents. In circumstances where one (1) parent is unavailable for interview, the recommending counselor, court investigator or other mental health investigator may conduct an interview with one parent alone, and may make a recommendation based on all of the information available to the counselor, investigator or other professional; (e) Interviews with children for mediation cases shall be conducted per the Order of the Court or at the discretion of the Child Custody Recommending Counselor; (f) For each child interview conducted by Family Court Services for Child Custody Recommendation Counseling/Mediation there shall be a $100.00 fee collected from each parent prior to the interview. Please refer to section 5.1.26 for additional information regarding the payment of fees. (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/18) 5.1.33 Custody Recommendations by Family Court Services to Court. Madera County is a “recommending county.” In all Child Custody Recommending Counseling/Mediations, whether by privately retained recommending counselor/mediator or through Family Court Services, the Child Custody Recommending Counselor (“CCRC”) shall submit a report and recommendation to the Court. The recommendation shall contain any agreement between the parties, together with the recommendation of the Child Custody Recommending Counselor on any custody or visitation issues between the parties upon which the parties have not agreed. This report is deemed confidential and shall be secured in the Court case management system with confidential and restricted status. Copies of this report shall be provided to parties (or their counsel where parties are represented by counsel). The report shall be filed and shall be considered by the Court as evidence without further stipulation of the parties. A Child Custody Recommending Counselor may not make a recommendation without input from both parties or consultation with another qualified neutral professional, per California Rule of Court, Rule 5.210, subdivision (h)(4). (Effective 7/1/08, amended 1/1/13, 1/1/17, 7/1/23, 1/1/24) 5.1.34 Examination of the Child Custody Recommending Counselor. In the event that any party shall desire to examine the Child Custody Recommending Counselor concerning any report prepared by the Child Custody Recommending Counselor, said party shall subpoena the Child Custody Recommending Counselor as required by Government Code § 68097.2(b). The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance. For any subsequent hearings, unless the proceeding is continued on the Courts own motion pursuant to Government Code § 68097.2(e) or further service is waived by the court, the subpoena must be delivered to Family Court Services ten (10) court days before the hearing date to which the proceeding is continued. If the party or their counsel who previously served the subpoena for the testimony of Child Custody Recommending Counselor requests a continuance of the proceeding, they shall confirm the availability of the Child Custody Recommending Counselor by contacting the office of Family Court Services prior to selecting a new hearing date. If expenses exceed the $275.00 deposit, Family Court Services will add the fees to the case of the depositing party for the additional funds at the current CCRC hourly rate of $55.00 per hour. All subpoena trust deposit fees shall be paid at the Civil Division window. (Effective 7/1/08, amended 1/1/10, part (b) deleted 1/1/13, amended 1/1/15, 1/1/17, 7/1/20, 7/1/23, 1/1/24, 1/1/26) 5.1.35 Obtaining Copies of Family Court Services Reports. Family Court Services will provide a courtesy copy of the Report and Recommendation to parties, or their counsel related to the current filing before the Court in the event that the party or their counsel does not receive the report through email, fax, or mail. All Family Court Services reports related to previous or adjudicated filings shall be obtained through the Civil Division and charges for copies may apply. (Effective 7/1/08, amended 7/1/23) 5.1.36 Confidential Declaration Sheet. Upon filing a petition in a family law case, the filing party shall submit a MAD-CIV-010 “Confidential Declaration” form. When filing a response in a family law case, submission of this form is optional but strongly encouraged. This form helps the Court identify the parties and determine if an interpreter is needed. It will be placed in a confidential section of the Court’s electronic case file and is not accessible to other parties without a court order. The form is available on the Court’s website under “Forms” and at the Civil window. (Effective 1/1/13, amended 1/1/26) 5.1.37 Family-Centered Case Resolution (a) All dissolution, legal separation, nullity and parentage cases filed on or after January 1, 2013 shall be set for a status conference no later than 120 days from the date of filing of the Petition. Additional status conferences will be set every 180 days or less, as determined by the court, until the case reaches final disposition. If, after 18 months, both parties have failed to participate in the case resolution process as determined by the court, no further hearings will be set except at the discretion of the court or pursuant to local rule 5.1.9 until such time as the case qualifies for dismissal pursuant to Code of Civil Procedure §§ 583.210 or 583.310. (b) The goal of the Family Centered Case Resolution process is to finalize dispositions as set forth in CRC rule 5.83. (c) Cases involving self-represented litigants shall be referred to the Family Law Facilitator to assist in complying with the case resolution process. Written material as required by California Rule of Court rule 5.83(g) shall be provided by the Clerk upon filing of first papers in dissolution, legal separation, nullity, or parentage actions. (d) Results of failure to comply with Family Centered Case Resolution Rules All family law cases will be reviewed for compliance with these rules, and orders to show cause may be issued for failure to comply. Failure of a party or parties to comply with these rules, including failing to appear at a mandatory Court event or failing to file required forms, may result in one or more of the following on the request of the other party or on the Court's own motion: (1) Dismissal of the case. (2) An award of attorneys fees and costs against the noncomplying party, the party's attorney, or both. (3) An order based solely upon the pleadings properly before the court. (4) Such other orders as the Court deems appropriate. (e) Reinstatement of dismissed cases A party to a case dismissed under these rules for failure to appear at a required Court event or failure to file required Court documents may apply within six (6) months to have their case reinstated under Code of Civil Procedure § 473(b). The Court may reinstate the case upon such terms and conditions as the Court deems just. (Effective 1/1/13, section (a) amended 7/1/13) 5.1.38 Mandatory “Notice of Family Law Case Status Conference” Form. The Court is adopting a “Notice of Family Law Case Status Conference” Form (MAD-CIV- 003) for all dissolution, legal separation, nullity and parentage cases filed on or after July 1, 2013. This form will be generated and completed by the Court. The Court will provide a hearing date on the Form, pursuant to Rule 5.1.37(a), and return the Form to the Petitioner. The Form is to be served on the Respondent along with the Petition, and a proof of service shall be returned to the Court upon completion of service. (Effective 7/1/13, amended 1/1/26) 5.1.39 Sanctions. If a party has an appointment with Family Court Services, and does not need the appointment, the party must cancel it at least 48 hours prior to the appointment time. Please call 559-416-5560 for cancellations. If the party does not cancel the appointment, and/or fails to appear for the appointment, the party may be ordered by the Court to pay a monetary sanction of up to $1,500.00 pursuant to Code of Civil Procedure, section 177.5. (Effective 1/1/17) 5.1.40 Family Law Criminal Contempt Actions. Any party electing to proceed on a criminal contempt in a Family Law Case not arising from child support or domestic violence, must list each violation with a number indicating the count, specify which order was violated, how the order was violated and when the order was violated. (Effective 7/1/19) 5.1.41 Appointment of Counsel for Children (Minor’s Counsel). Attorneys who would like to be considered for appointment as Minor’s Counsel in a Family Law case must contact the Court Administration for further instructions. (a) Minor’s Counsel must meet all qualifications set forth in California Rule of Court 5.242. (b) Attorneys appointed as Minor’s Counsel must file Judicial Council form FL-322 (or its equivalent) no later than 10 days after appointment and before beginning work on the case. (c) After the initial appointment, Minor’s Counsel appointed must file Judicial Council form FL-322 (or its equivalent) annually in each case during the time they are appointed to indicate they have completed the required updates. (Effective 1/1/21) 5.1.42 Complaints regarding Minor’s Counsel. Complaints or questions regarding Minor’s Counsel representation shall be addressed as follows: (a) Complaints or questions shall initially be referred to any agency or law firm appointed to represent the client. (b) If the issue remains unresolved, or if there is no designated agency or law firm, the complaint may be submitted to the Court in writing. The Court may conduct its own review of the complaint or question and take appropriate action if required. (Effective 1/1/21) 5.1.43 Professional Visitation Providers. In compliance with all mandatory requirements for professional providers of supervised visitation under Family Code section 3200.5 and standard 5.20 of the Standards of Judicial Administration, professional providers shall complete the Judicial Council form FL324(P) Declaration of Supervised Visitation Provider (Professional). The procedure for completion and submission of the declarations are as follows: (a) Agencies which provide professional visitation supervision shall submit an FL324(P) to Family Court Services each time a new provider/employee begins offering services through their agency. Family Court Services may contact Professional Visitation Providers or Agencies providing Professional Visitation services to affirm the qualifications of their staff on an annual basis. (b) An update of this form shall be submitted with any report regarding supervised visitation provided to the Court, and section 2b. shall be selected as the type of submission. All reports regarding professional supervised visitation shall be filed with the Civil Division and shall be provided to all parties and their attorneys as well as any attorney representing the child(ren). (Effective 7/1/22, amended 7/1/23)
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.