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Chapter 4 (Rules 4.1 to 4.15): the scope of family law matters (4.1); family law case management under rule 5.83 - local form MFL-250 with new filings, the initial case management conference and order to show cause, conferences within 180 days, and local form MFL-251 status reports filed at least five (5) business days before (4.2); requests for orders on form FL-300 - the law and motion calendar limited to 30 minutes, meeting and conferring at least five (5) business days before the hearing, form FL-306 for an unserved request, form FL-150 income and expense declarations for the prior three (3) months, tax returns, guideline support and deviations, attorney fee declarations over $2,000, expert fees, modifications, three (3) stipulated continuances, and personal or remote appearance (4.3); ex parte and emergency family law orders under local rule 1.15, disfavored without a strong showing of potential harm, their declarations, and notice on local form MMC-121 or form FL-303 (4.4); supervised visitation and supervisors' reports (4.5); child custody and visitation - mandatory, confidential and non-recommending mediation with local form MFL-230, the mediator's reports, Spanish mediation by appointment, the co-parenting workshop and its list of approved classes from the mediator, counsel for the child under Family Code § 3151, and a child's participation in custody proceedings (at least 14 years of age, or under 14, and rule 5.250) (4.6); default or uncontested judgments on forms FL-170, FL-150, FL-165 or FL-130, FL-180 and FL-190, with form FL-115 (4.7); bifurcation (4.8); family law trials - local form MFL-143, settlement conferences under rule 3.1380, and continuances (4.9); settlement conference statements lodged and served at least five (5) calendar days before the conference (4.10); child support matters - form FL-150 with a motion to modify and meeting and conferring with the Department of Child Support Services (4.11); electronic service on forms EFS-005-CV, EFS-007 and EFS-006 (4.12); and the complaint and disqualification procedures for the Family Law Facilitator and the family law mediator on local form MFL-270 (4.13 to 4.15).
California > First Appellate District > Mendocino County > Superior Court of California, County of Mendocino
Chapter 4: Family Court Rules 4.1 Scope Family law matters include all matters related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, and the Domestic Partnership Act. Guardianship proceedings under the Probate Code will be treated as Family Law matters subject to the rules set forth in this chapter. Title IV-D actions heard by the Child Support Commissioner will be treated as Family Law matters subject to the rules set forth in this chapter. (Effective 1/1/17; renumbered 1/1/19; amended 1/1/24) 4.2 Family Law Case Management In accordance with California Rules of Court, Rule 5.83, the court actively manages dissolution, legal separation, nullity, parentage, and child custody and support cases to reduce unnecessary delay and expense, encourage active progress in resolving cases, and facilitate early settlement. a. All new filings submitted pursuant to local rule 1.8 must include local form MFL-250 Notice of Family Law Case Management Conference and Order to Show Cause re: Failure to Comply with Service Deadlines with the case name completed. The clerk will set the required hearing dates and return the form to the e-filer. For new filings submitted by any non-e-filing means, the clerk will prepare and deliver local form MFL-250 Notice of Family Law Case Management Conference and Order to Show Cause re: Failure to Comply with Service Deadlines to the filing party when the petition is filed. b. Scheduling of Family Law Case Management Conferences and Order to Show Cause Hearing: 1. An initial joint Family Law Case Management Conference and an Order to Show Cause hearing for failure to timely file a proof of service will be scheduled by the clerk for petitions for dissolution, legal separation, nullity, parentage, or child custody and support. The court will set the Order to Show Cause hearing for a date not later than 65-70 days after the filing date of the petition. The hearing will be vacated upon timely filing of the required proof of service, or a dismissal of the action, and parties will not be required to appear. 2. The court will schedule an additional case management conference within 180 days of the filing of a petition. Two subsequent case management conferences will be scheduled within 180 days of a previous case management conference. Thereafter, an Order to Show Cause hearing for failure to timely obtain judgment or otherwise move the case forward will be set for a date not later than 30 days after the third and final case management conference. A Case Management Conference or an Order to Show Cause hearing will be vacated upon filing of a judgment, a trial request, or dismissal of the action, and parties will not be required to appear. The court may impose sanctions for failure to dismiss or otherwise timely resolve the case. c. Petitioner Must Serve Notice of Family Law Case Management Conference and Order to Show Cause: A copy of the completed local form MFL-250 Notice of Family Law Case Management Conference and Order to Show Cause re: Failure to Comply with Service Deadlines must be served on the responding party with the summons and petition. Proof of service must be promptly filed with the court. The summons, petition, and notice of case management conference must be served within 60 days of the date the case was filed. The court may impose sanctions for failure to comply with service deadlines. d. Family Law Case Status Reports: Each party must file and serve local form MFL-251 Family Law Case Status Report at least five (5) business days prior to the family law case management conference. . If this form is filed early, parties do not need to appear for the case management conference. e. Appearance at Family Law Case Management Conference: Parties or their counsel must appear at the family law case management conference, unless the Family Law Case Status Report has been timely filed. The court will review the status of the case, discovery issues, settlement options, alternative dispute resolution, and unresolved issues and may make any orders which it deems necessary. (Effective 1/1/17; renumbered 1/1/19; renumbered & amended 7/1/19; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25) 4.3 Requests for Orders a. Calendaring a Hearing on a Request for Order: Requests for Orders must be riled on Judicial Council form FL-300 Request for Order/Change/Temporary Emergency Orders. Requests for Orders regarding custody and visitation of children, child support, spousal support, property control, and other issues are set on the law and motion calendar and are limited to 30 minutes. If parties or counsel believe the matter will exceed 30 minutes, a stipulated continuance for evidentiary hearing may be filed or the matter may remain on the law and motion calendar for the purpose of setting and/or requesting temporary orders prior to the evidentiary hearing. b. Meet and Confer Requirement: At least five (5) businesses days prior to the hearing on a Request for Order, parties or their counsel must meet and confer in a good faith effort to resolve all issues. All documents relevant to the Request for Order must be exchanged prior to or at the meet and confer session. Failure to meet and confer may result in the matter being dropped from the calendar or continued to allow the parties additional time to meet and confer and will be considered by the court in connection with any request for award of attorney’s fees or sanctions. c. Unserved Request for Order: If a Request for Order has not been timely served, the moving party must submit a completed Judicial Council form FL-306 Request to Reschedule Hearing. The court will not hear a Request for Order unless: 1. a proof of service demonstrating timely service has been filed by the moving party, or 2. the opposing party personally appears and waives any defect in service on the record in open court. Even when the opposing party appears, the court will not hear a Request for Order unless valid proof of service of summons and petition has been filed. d. Evidence Required for Hearings Involving Financial Issues 1. Income and Expense Declaration: Parties must complete Judicial Council form FL-150 Income and Expense Declaration with financial information for the prior three (3) months and must file this declaration with the court for any hearing involving financial issues, including support and attorney fees and costs. Supplemental, updated, or responsive Income and Expense Declarations must be served at least five (5) business days before the hearing. The gross income of all persons living with the party must be provided on the Income and Expense Declaration. All cash, funds on deposit, stocks, bonds, and other assets that can be converted to cash must be fully disclosed. All sections of the declaration must be completed. A response of “unknown” does not meet the requirements of this rule. 2. Disclosure of Income Tax Returns: Parties must provide copies of their most recently filed state and federal income tax returns. Copies of tax returns must include all schedules and any supporting W-2s, 1099s, K-1s, award letters, brokerage reports, rental income agreements, or other documents used to verify income. When child, family, or spousal support is requested, a party may require the opposing party to provide copies of both state and federal income tax returns pursuant to Family Code § 3552. A request for tax returns must be made no later than 10:00 a.m. five (5) business days before the hearing. Copies of the tax returns and supporting schedules must be provided to the requesting party or counsel the earlier of five (5) business days after the request or 10:00 a.m. two (2) business days before the hearing and must not be filed with the court except as provided in Family Code § 3552. 3. Child and Temporary Spousal Support Guidelines: Using the financial information provided by the parties, the court calculates guideline child support (except in Department of Child Support Services enforcement actions) and temporary spousal support. 4. Deviations from Guideline Child Support or Temporary Spousal Support: The court may deviate from the calculated guideline support amount for good cause. If a party contests the amount of support as calculated under the guideline formula, that party must file a declaration stating the requested amount of support and the factual and legal bases justifying the deviation from guideline. 5. Request for Attorney Fees a. Attorney Declaration: A request for attorney fees or costs exceeding $2,000 must be accompanied by a declaration completed by the attorney stating the attorney’s hourly rate, the amount of fees due and payable, how fees requested were or will be spent, identification of a source for payment of the fees, and all facts that may be relevant to the court’s determination of the reasonableness of the fees. b. Deferment of Attorney’s Fees and Costs: The court will defer any decision on attorney’s fee requests and will not review an attorney’s fee related declarations until all other issues have been ruled on by the court. 6. Request for Expert Fees: A request for expert fees must be accompanied by a declaration completed by the expert and include the expert’s hourly rate, the scope of the expert’s work, and an estimate of the number of hours required to complete the work. 7. Request for Modification of Prior Support Orders: Declarations submitted in support of any request for modification of a prior child or spousal support order must include specific facts demonstrating a change of circumstances. e. Continuances 1. Stipulated Continuances: After a Request for Order has been served, three (3) continuances requested by a party may be obtained by stipulation. 2. Continuances for Good Cause: Except as provided in paragraph (e)(1), a request for continuance of a hearing on a Request for Order must be supported by good cause. An ex parte request to continue a Request for Orders hearing must be made on Judicial Council form FL-306 Request to Reschedule Hearing. The party filing an ex parte request to continue a Request for Order hearing must follow the notice and filing procedures set forth in local rule 4.4(c) and 4.4(d). f. Hearings on Request for Order 1. Personal or Remote Appearance Required: Parties or their counsel must appear in person or remotely at the hearing on a Request for Order. Any party who wishes to appear remotely must follow the procedures set forth in local rules 1.11 and 1.13. 2. Late Appearance: If for any reason an attorney or party is unable to be present at the time the matter is called for hearing, the party or counsel must immediately notify the clerk and the opposing party of the delay by phone. 3. Failure to Appear: Failure of the moving party or their counsel to appear without notice to the responding party will generally result in the matter being set for review on a date determined by the court. However, if a party who has filed a response to a Request for Order regarding custody and visitation appears and asks to go forward, the court may continue the matter and assess attorney’s fees to the moving party or enter an order on the pleading and testimony of the responding party. (Effective 1/1/17; amended 7/1/18; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26) 4.4 Ex Parte/Emergency Family Law Orders a. Information concerning general procedures for filing ex parte/emergency order applications can be found in local rule 1.15. b. Ex Parte/Emergency Orders Are Disfavored Except Upon Strong Showing of Potential Harm. The court does not grant ex parte/emergency orders on the following subjects without a strong factual showing of grave danger, emergency, or severe detriment to a party or a child prior to the time the issues can be properly set for a noticed hearing with all parties present and given an opportunity to be heard: 1. Establishing or modifying child custody and visitation orders 2. Temporary use or possession of personal property 3. Temporary financial orders, including but not limited to temporary spousal support or child support 4. Removal of one party from the family home c. Declarations in Support of Ex Parte/Emergency Orders 1. Declarations must be based upon personal knowledge of the declarant. The court may decide not to consider the merits of an unsubstantiated declaration which is based on hearsay and not subject to any recognized hearsay exception in deciding whether or not to grant ex parte/emergency relief. 2. Declarations in support of ex parte/emergency relief must specifically describe the dates of incidents, provide a detailed factual description of what happened, and identify the specific harm which has been threatened or has actually occurred. Conclusions, feelings, wishes or fears will not support a request for ex parte/emergency relief. 3. The court must have accurate, complete information before deciding whether to issue an ex parte/emergency order. Accordingly, parties and attorneys must fully disclose relevant facts in preparing declarations in support of ex parte/emergency orders. Parties must disclose whether the requested ex parte/emergency order will result in a change in the current child sharing and custody arrangements, financial support, or use of personal or real property. d. Notice to Opposing Party 1. Prior to review of an ex parte application for a court order, a declaration regarding notice must be completed and filed with the court showing that the opposing party received notification of the request for ex parte orders as follows: a. For an ex parte request for Domestic Violence Restraining Order, local form MMC-121 Declaration re: Notice upon Ex Parte Application for Orders must be filed. b. For a request for temporary emergency court orders (TECO), Judicial Council form FL-303 Declaration regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders must be filed. (Effective 7/1/21; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26) 4.5 Supervised Visitation The court may order that visitation between a parent and minor children be supervised to ensure the physical security or emotional wellbeing of the children. Supervised visits may be conducted in person or remotely via telephone or video. The court may also order a parent to use the services of a professional visitation supervisor who charges a fee for their services. The court may allocate the cost of supervision between the parents at the time of referral for paid supervised visitation. Any report from a professional visitation supervisor, agency, or program pertaining to ordered supervised visitation must be submitted to the court either via the Court’s Mendocino Court External Partners SharePoint or by filing a written report with the clerk’s office. (Effective 7/1/21; renumbered 1/1/23; renumbered & amended 1/1/24; amended 7/1/24; amended 7/1/25) 4.6 Child Custody and Visitation a. Mediation 1. Participation in Mediation Is Required: Parties must attend mediation before hearings or trial when proceedings involve contested issues regarding child custody or visitation. Mediation sessions occur in person, by telephone, or by video. Failure to attend a scheduled mediation without good cause may result in sanctions against the party who fails to attend, which may include, but are not limited to, monetary sanctions, denial of relief sought, dismissal of Request for Order, entry of substantive orders, or contempt. 2. Appearance for Mediation. Parties must complete and return local form MFL-230 Family Mediation Intake Form by email or in person prior to the mediation session. Parties must follow the procedures set forth in local rules 1.11 if appearing remotely by video or phone at mediation. 3. Non-Recommending Confidential Mediation: Mediation sessions are confidential. The mediator conducting a confidential mediation will not make a report or recommendation to the court regarding the child sharing arrangements for the children. The mediator may make notifications to the court and other agencies as follows: a. Child at Risk: As a mandated reporter, the mediator will make a report to Child Protective Services if the mediator believes that a child is at risk of abuse, neglect, or exploitation. b. Threats of Death or Bodily Injury: The mediator will report to law enforcement threats of death or great bodily harm made to a party, any other person, or the mediator. c. Minor’s Counsel: The mediator may request that the court consider appointing counsel to represent the child(ren). 4. Children May Not Participate in Mediation Without Prior Authorization: A child who is old enough to express a meaningful preference about custody or visitation may participate in mediation with the consent of all parties and prior authorization of the mediator. Parties must not bring a child to court with the expectation that the child will be allowed to participate in mediation prior to obtaining the consent of the other party and the mediator. 5. Mediator May Not be a Witness: The mediator may not be called as a witness at any court hearing regarding any matter discussed during confidential mediation. 6. Parties Do Not Reach Agreement: If the parties do not reach agreement on some or all the issues presented at mediation, the mediator will schedule a court hearing date and notify parties and their counsel. 7. Ex Parte Communication: With the exception of scheduling appointments and as provided in Family Code § 216, there must be no ex parte communication between the parties or their counsel (including minor’s counsel) and the mediator. Copies of relevant documents must be provided to the other party or their counsel at the same time they are provided to the mediator. 8. Spanish Mediation: The court provides mediation in Spanish by appointment. 9. Interpreters: For languages other than Spanish, the court will attempt to obtain the services of a certified or registered interpreter for mediation if required by one or more of the parties. If a certified or registered interpreter is not available, a neutral person fluent in English and the party’s native language may be provisionally qualified by the judge pursuant to California Rules of Court rule 2.893 to interpret for the party in mediation after signing a confidentiality agreement. In no case may a child of the parties serve as an interpreter. b. Co-Parenting Workshop: The court requires each parent to attend a co-parenting workshop in a dissolution, legal separation or nullity case involving children, an action to determine parentage, or to establish and/or modify custody and visitation. A list of approved classes is available from the mediator. Parties should complete their co-parenting workshop as soon as possible and submit a certificate of completion to the court. If in-person classes are offered, parties will not participate in the same class. The completion of or failure to complete the workshop will be considered in any custody/visitation hearings. c. Appointment of Counsel for the Child 1. Generally: The court may appoint counsel to represent the best interests of the child pursuant to Family Code § 3151. 2. Compensation of Counsel: When appointed, counsel will receive a reasonable sum for compensation and expenses. Compensation and expenses will be determined by the court and paid by the parents proportionally as determined by the court or by the court pursuant to Family Code § 3153. Counsel must comply with the billing procedures set forth in local rule 1.42. 3. Complaints: A parent’s complaints about court-appointed counsel for a child must be made in writing to the family law judge and provided to all parties. The court will determine what action, if any, to take, including whether the complaint should be referred to the appropriate professional licensing board. The court will explain its decision in a written ruling or on the record in open court. If a child complains about his or her court-appointed attorney, the court may follow the procedures set forth above or hold a confidential hearing. d. Child’s Participation in Custody Proceedings 1. Court to Determine Nature of Child’s Participation Prior to Custody Proceeding: The court will determine whether participation in a custody proceeding is in a child’s best interest and how the child’s input will be received (Family Code § 3042 and California Rules of Court rule 5.250). Accordingly: a. No party or their counsel, including court-appointed counsel for a child, will bring a child to court with the expectation that the child will participate in a custody proceeding unless the court has previously entered an oral or written order authorizing the child’s participation. b. Parties or their counsel who have information that a child wishes to address the court must inform the court and all other parties at the earliest opportunity. c. A mediator who has information that a child wishes to address the court must promptly inform the court and provide notice to all parties or their counsel. 2. Procedure for Obtaining Court Order Regarding Child’s Participation in Custody Proceeding. Parties or their counsel may request a court order regarding a child’s participation in a custody proceeding by any of the following methods: a. If the child is at least 14 years of age: i. The child or child’s counsel may ask the judge in open court or in writing for an opportunity to address the court regarding custody and visitation issues. If the request is in writing and has not been served on all parties, the court must ensure that the written request is served on the parties or their counsel and that the parties have an opportunity to respond before ruling on the child’s request. ii. The parties may submit a stipulation signed by all parties or their counsel, including the child or child’s counsel, setting forth how the child will participate in the custody proceeding and requesting that the court adopt the stipulation as the court order. The court may set a hearing to determine if the stipulation is in the child’s best interest. b. If the child is under 14 years of age: i. The parties may submit a stipulation signed by all parties or their counsel, including the child’s counsel, setting forth how the child will participate in the custody proceedings and requesting that the court adopt the stipulation as the court order. The court may set a hearing to determine if the stipulation is in the child’s best interest. ii. Parties or their counsel may file a noticed Request for Order to determine whether a child may participate in a custody proceeding and in what manner the child will participate. iii. At the time a custody matter is set for a trial or an evidentiary hearing, parties or their counsel may make an oral motion requesting a child participate in the trial or evidentiary hearing. 3. Evidentiary Issues a. If the court decides that a child may be called as a witness in a custody proceeding, the court must rule upon the issues set forth in California Rules of Court rule 5.250(d). b. If the parties stipulate or the court orders that a child’s input may be received by way of a child interview (California Rules of Court rule 5.250(e)), the stipulation and order will provide that the court may receive in evidence a written summary of the child interview or hear the testimony of the professional who conducted the child interview, including statements made by the child during the interview. All other objections to the written summary or testimony are preserved by the court. (Effective 1/1/17; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; amended 1/1/22; amended 7/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 1/1/25; amended 7/1/25; amended 7/1/26) 4.7 Default or Uncontested Judgments a. By Affidavit or Declaration: To obtain a Judgment of Dissolution or Legal Separation by Declaration (non-appearance), the following completed forms must be submitted to the court: 1. Judicial Council form FL-170 Declaration for Default or Uncontested Dissolution or Legal Separation, signed by one of the parties. In the absence of an agreement between the parties, the relief sought in the declaration must agree with relief sought in the petition and must include information about public assistance received by either party. 2. Judicial Council form FL-150 Current Income and Expense Declaration if support is to be ordered, there are minor children and child support is not reserved, or the marriage has existed for 10 years or more, unless parties have otherwise agreed in a Marital Settlement Agreement or stipulation. 3. Judicial Council form FL-165 Request to Enter Default or Judicial Council form FL-130 Appearance, Stipulations and Waivers, whichever applies. 4. Judicial Council form FL-180 Judgment. 5. Judicial Council form FL-190 Notice of Entry of Judgment. b. Acknowledgment of Receipt of Proof of Service: No default will be entered without filing Judicial Council form FL-115 Proof of Service of Summons with the court. Unless the court orders otherwise, a default will not be entered based on a Judicial Council form FL-117 Notice and Acknowledgment of Receipt signed by a person other than the party to whom it is directed or their counsel. c. Child Support, Spousal Support, or Attorney Fees Awards: No award of child support, spousal support, or attorney fees will be granted unless there is an attached written agreement between the parties settling those issues, or sufficient information on which the court may calculate the amount of support for an order, including a fully completed and executed Judicial Council form FL-150 Income and Expense Declaration with information on both parties where available and a support calculation, if applicable. If either party is receiving public assistance, the signature of an attorney in the Department of Child Support Services consenting to the child support provision must be included with the proposed judgment. d. Community and/or Separate Property and Debts: No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is an attached written agreement between the parties settling those issues or a completed Judicial Council Form FL-160 Property Declaration attached to a Judicial Council form FL-165 Request to Enter Default and served on the opposing party prior to or at the time the default is entered. e. Custody and Visitation: A declaration under penalty of perjury must be submitted with the judgment if supervised visitation or denial of visitation is requested unless a written agreement of the parties concerning custody and visitation is submitted with the judgment. The declaration must be mailed to the defaulting party with a Judicial Council form FL-165 Request to Enter Default, and proof of mailing must be filed with the court. The declaration must include the following: 1. Where a party is seeking to deny visitation between the child and the defaulting party: The specific reasons visitation should be denied; the date the last visitation between the child and the defaulting party occurred; and the defaulting party’s address or a statement that the whereabouts of the defaulting party is unknown. 2. Where a party is seeking supervised visitation between a child and the defaulting party: The reasons such visitation should be supervised; when and where supervised visitation should occur; the name and address of the person or agency to perform the supervision; and the method by which the supervisor is to be compensated. 3. Other information: The date the parties separated, the identity of the primary caretaker of the child during the six (6) months prior to separation, and the extent of contact between the child and the non-caretaker parent during that time. f. If the court requires additional information to enter a default or uncontested judgment, the party or parties will receive notice of the date and time to appear for the hearing. (Effective 1/1/17; renumbered 1/1/19; renumbered 7/1/19; renumbered 1/1/23; renumbered & amended 1/1/24) 4.8 Bifurcation of Matters In dissolution, legal separation, and establishment of parental relationship matters filed with the court where there may be child support, health insurance, custody, or visitation issues, the court may bifurcate the child-related orders and rulings from other family law issues so that the parties can seek judgment of dissolution, legal separation, or parentage while the court retains jurisdiction over the issues involving child support, custody and visitation. The court may also bifurcate issues pertaining to spousal support, valuation of assets, division of property and debts, attorney’s fees and costs, and other issues specific to the underlying family law case. As authorized in California Code of Civil Procedures section 583.161(d) and Family Code section 2337(a), the court may sever and grant an early and separate trial on the issue of dissolution and legal separation apart from other issues, including those related to minor children. The court may grant entry of judgment of dissolution or legal separation and shall expressly reserve jurisdiction for later determination all other pending issues. (Effective 7/1/26) 4.9 Family Law Trials a. Trial Setting: At any time after a response to the petition has been filed, either party or their counsel may request that a trial date be set by filing local form MFL-143 Request for Trial – Family Law or by orally requesting a trial date at any family law case management conference. b. Settlement Conferences: Pursuant to California Rules of Court rule 3.1380 and depending on the availability of a judicial officer or a family law attorney to act as settlement conference official, on a case by case basis, a settlement conference may be set at the discretion of the family law judge or at the request of the parties. Settlement conferences must be conducted in compliance with local rule 4.10. c. Parties to Exchange Information and Trial Briefs Prior to Trial: Parties must exchange evidentiary documents that will be presented at trial, motions in limine, trial briefs, and other documents expected to be used at trial in accordance with local rules 2.1 through 2.6. d. Continuances: Continuances of family law trials are governed by local rule 4.3. (Effective 1/1/17; amended 7/1/18; renumbered & amended 1/1/19; renumbered & amended 7/1/19; amended 1/1/20; amended 7/1/21; renumbered & amended 1/1/23; renumbered & amended 1/1/24; amended 7/1/25; amended 7/1/26) 4.10 Settlement Conferences a. Settlement Conference Statements 1. Time for Lodging and Service. At least five (5) calendar days before the settlement conference, each party must prepare, lodge with the court, and serve on the other party, a Settlement Conference Statement as set forth below. Service by mail requires an additional five (5) calendar days’ notice. 2. Contents a. Income and Expenses: In all cases where support or attorney fees are at issue, a current Judicial Council Form FL-150 Income and Expense Declaration must be prepared, signed, and dated. All income and other financial information as required by local rule 4.3(d) must be attached. b. Assets and Liabilities: In all cases where property issues (characterization, division, and/or valuation) are unresolved, each party must prepare a comprehensive inventory of all assets (real and personal) and liabilities claimed as community property and/or community debt on Judicial Council form FL-142 Schedule of Assets and Debts. Parties must include a proposal for the division of property and assets. In all cases where the characterization of real or personal property of the parties (whether community or separate) or reimbursement for contributions to the community from a separate property source is at issue, the parties must set forth all facts upon which their claims are based and cite appropriate legal authorities for each of those claims. c. Child and Spousal Support: Parties must specify their positions regarding the amount of child support and/or amount and duration of spousal support. Calculations showing guideline child support must be included. If any child is a recipient of public assistance, and the Department of Child Support Services is the assignee of the support, the statement must show that the Department of Child Support Services has been notified of the time and date of the Settlement Conference and has been provided copies of all pertinent, current financial documents (i.e. Income and Expense Declarations, support calculations, etc.). d. Attorney Fees, Accountant Fees, Expert Fees, and Costs: Parties must include their positions regarding requests for attorney and accountant fees, other expert fees, and court costs. Such requests must be supported by adequate documentation. (Effective 1/1/17; renumbered & amended 1/1/19; renumbered & amended 7/1/19; renumbered & amended 1/1/23; amended 7/1/23; renumbered & amended 1/1/24; amended 7/1/25; renumbered 7/1/26) 4.11 Mandatory Requirements for Child Support Matters a. Required documents. Parties or their counsel must complete and file a signed Judicial Council form FL-150 Income and Expense Declaration at the time of filing a motion to modify child support or a request for attorney’s fees and costs. Parties or their counsel must complete and file a signed Judicial Council form FL-150 Income and Expense Declaration at the time of filing an Answer or Response motion to modify child support or a request for attorney’s fees and costs. Failure to submit the required Income and Expense Declaration may result in the pleading being rejected for filing or may cause a hearing to be continued until such time as the required information is filed. b. Meet and Confer. If the Department of Child Support Services is the assignee of the support, parties or their counsel must meet and confer with the Department of Child Support Services in a good faith effort to resolve all issues prior to the hearing on the request for order. All documents relevant to the request for order must be exchanged prior to, or at the beginning of, the meet and confer session. Failure to meet and confer may result in the matter being continued to another hearing date to allow parties additional time to meet and confer. Failure on the part of either party will be considered by the court in connection with any request for an award of attorney’s fees and costs or sanctions. c. Department of Child Support Services. The Department of Child Support Services is exempt from this requirement unless it is practicable for the Department to have a party complete and sign the Income and Expense Declaration form. However, the Department is required to include a completed Income and Expense Declaration if the Department is filing a request for order, answer or response pertaining to a modification of child support or demand for attorney’s fees and costs on behalf of a self-represented party. (Effective 1/1/25; amended 7/1/25; renumbered 7/1/26) 4.12 Electronic Service/Notification (CCP § 1010.6) d. Mandatory Electronic Service / Notification: Except for documents requiring service by registered or certified mail, the court will electronically serve all documents issued by the court on all parties subject to mandatory e-filing pursuant to Local Rule 1.8 and any party bound by court order to use electronic service. Unrepresented parties may consent to electronic service of documents issued by the court by filing Judicial Council form EFS-005-CV Consent to Electronic Service and Notice of Electronic Service Address with the court. e. Provide and Maintain Updated E-Mail Address: A party subject to mandatory electronic service, or a self-represented party who has consented to electronic service, is required to provide the court with an accurate e-mail address. Parties who provide more than one e-mail address are required to designate one address as the primary address to which documents will be sent. It is the responsibility of the parties to keep the court informed of any change to e-mail addresses. f. Request for Exemption from Electronic Service or Withdrawal of Consent to Electronic Service: Parties subject to mandatory electronic service may request an exemption from electronic service by filing Judicial Council form EFS-007 Request for Exemption from Mandatory Electronic Filing and Service and lodging Judicial Council form EFS-008 Order of Exemption from Electronic Filing and Service. A self-represented party must file Judicial Council form EFS-006 Withdrawal of Consent to Electronic Service to withdraw consent to electronic service. (Effective 1/1/25; amended 7/1/25; renumbered & amended 7/1/26) 4.13 Family Law Facilitator Complaint Procedure Complaints regarding services provided by the Family Law Facilitator must be in writing using local form MFL-270 Client Complaint Form and submitted to the Court Executive Officer. The Court Executive Officer or designee will investigate such complaints and respond in writing to the complainant within 30 days. The court’s findings and decision, which will be final. (Effective 7/1/19; amended 7/1/21; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered & amended 7/1/25; renumbered 7/1/26) 4.14 Family Law Facilitator Disqualification Procedure Family Law Facilitators must disqualify themselves from assisting parties if they deem that they are biased against one or more parties in a family law matter. The court will contact neighboring courts to seek assistance from a Family Law Facilitator on behalf of the parties. (Effective 7/1/19; amended 1/1/22; renumbered & amended 1/1/23; renumbered & amended 1/1/24; renumbered 1/1/25; renumbered 7/1/25; renumbered 7/1/26) 4.15 Family Law Mediator Complaint Procedure A party or their counsel wishing to lodge a complaint about a mediator must complete local form MFL-270 Client Complaint Form and submit it to the Court Executive Officer at the earliest opportunity. The Court Executive Officer or designee will investigate the complaint which will include consultation with the mediator. Within 30 days of receiving the complaint, the complainant will be informed in writing of the court’s findings and decision, which will be final. (Effective 1/1/24; renumbered 1/1/25; renumbered & amended 7/1/25; renumbered 7/1/26)
Chapter 4: Family Court Rules 4.1 Scope Family law matters include all matters related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, and the Domestic Partnership Act. Guardianship proceedings under the Probate Code will be treated as Family Law matters subject to the rules set forth in this chapter. Title IV-D action
Reviewer note: Composed 2026-10-10 (California T4 Mendocino build 2026-10-10) from BenchPath custody ca/t4/ca-mendocino/docs/local-rules/localrules.pdf (the court's rule book, its cover “Superior Court of California County of Mendocino Local Rules Effective July 1, 2026”, as fetched 2026-10-10; 2190010 bytes, sha256 10c2f9fe33dd913b755e1e05ef7b947b851dc38c30ff0a08807e7ad866117b0c; 152 pages) with the shared verbatim composer (v2 reflow) chapter by chapter - Chapters 1 to 8 (PDF pages 7 to 50; 51 to 63; 64 to 70; 71 to 86; 87 to 104; 105 to 108; 109 to 112; 113 and 114), each beginning at the top of a page: each page's running header (“Superior Court of California, County of Mendocino”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); Chapter 1's 55 rule numbers, which the book prints as images the text layer does not carry, set before their headings from their placements on the page (read by eye, and against the book's History Table; build/labels.py, build/labels-report.json); 12 whitespace-only fixes (build/book-fixes.json: Rule 1.8's stacked list of the departments' courtesy copy email addresses, which the reflow ran into one line, set one address a line, and its file-name example set on its own line; seven form numbers broken after the hyphen at a printed line's end set as one number - EFS-007, EFS-020, FW-003, MMC-323-327, MFL-250, FL-150 and JV-220; Rule 1.39's bulleted item “Copies of discovery or motions” set apart from the item before it; and two sentences rejoined where a printed line ended short before a long word - Rule 2.11's sentence on the USB drive's “ADMINISTRATIVE RECORD” label across a page break and Rule 4.2's “Notice of Family Law Case Management Conference”; the vertical-gap, short-line, right-edge, page-break, bold-line, false-break, fragment and row 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, the lists of local and Judicial Council forms, the History Table and the index belong to no 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.
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.