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Rules 400 to 419: family law cases managed to focus on settlement at the earliest possible date, the rules guidelines to which the Court will generally adhere (400); the matters assigned to the Family Law Division - the California Family Code (local child support agency cases included), the Uniform Divorce Recognition Act, the Uniform Child Custody Jurisdiction Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, UIFSA actions, post-dissolution omitted or reserved property, consolidated non-marital property actions without a jury demand, and mediation proceedings in guardianship actions (401); family law filings accepted at the Los Banos Courthouse commencing January 2017, cases of persons living in the Los Banos area heard at the litigants' choice in Courtroom 13, short cause matters of no more than fifteen (15) minutes on Mondays, Tuesdays, Wednesdays, or Fridays at 8:30 a.m. or on Mondays, Tuesdays, Wednesdays at 1:30 p.m. in Courtroom 7 and on the second and fourth Tuesday of each month at 8:45 a.m. in Courtroom 13, long cause matters on Thursdays at 8:30 a.m. and 1:30 p.m. in Courtroom 7, case management and settlement conferences on Mondays at 11:00 a.m., trial setting conferences on Mondays, short cause domestic violence cases on Wednesdays and Thursdays at 9:30 a.m. in Department 4 or 7, and DCSS (Title IV-D) matters in Courtroom 4, Los Banos cases heard by video on the second and fourth Tuesday (402); a moving party's failure to be present at the calendar call removing the matter from the calendar, and a responding party's failure to appear (407); telephone appearances: refer to Rule 2.2 (408); child custody evaluations with a Recommended Custody and Visitation Order, an RFO for custody or visitation filed with form FL-105 and assigned a Child Custody Recommending Counseling (CCRC) date and a further hearing date unless the parties attended CCRC within six (6) months, the CCRC orientation video viewed on-line in English and Spanish, the completed CCRC Form (MSC-FL-036) with the moving papers and a blank Intake Form served, a Proof of Service filed before the CCRC appointment, CCRC appointments held via Zoom video/phone and child interviews in person unless otherwise ordered, parties contacted one (1) business day before to remind them, an agreement adopted by the Court or a recommendation with a confidential rationale available one (1) week before the further hearing, and the standard orders of local form #MSC-FL-047 (410(A)); private custody evaluations under the Order Appointing Child Custody Evaluator (FL-327), each party responsible for half of the cost unless the Court specifies otherwise, and objections within twenty (20) days (plus 5 days for mailing) (410(B)); minor's counsel under Family Code Section 3150 (410(C)); no peremptory challenge to a CCRC and a challenge for good cause on local form MSC-FL-021 (410(D)); the CCRC's ex parte requests (410(E)); complaints about a CCRC in writing to the Court Executive Officer and an appeal to the Family Court Judge (410(F)); supervised visitation providers under Standard 5.20, filing form FL-324(P) or FL- 324(NP) (410(G)); ex parte requests under rule 5.151 reviewed within 1 to 2 court days, the filing fee paid, local form MSC-FL-023 or Judicial Council Form FL-303 filed, notice given by 10:00 a.m. the day preceding, a specific declaration, and a duty to disclose a change of status quo (411); an ex parte change of custody supported by a declaration of clear, specific allegations (413); a current Income and Expense Declaration (FL-150) executed within three months, with the last three pay stubs or the other supporting documentation to verify income (415); child support orders subject to the standard orders of local form #MSC-FL-025 (416); peremptory challenges under section 170.6, a meet and confer before every hearing except matters involving domestic violence, and documents provided before the hearing (417); settlement conferences attended personally, a meeting or exchange of written settlement proposals before, and settlement conference statements filed and served at least ten (10) days before (418); and exhibit lists, witness lists, expert witness declarations and trial briefs served and filed fourteen (14) days before trial, appearances in person unless the Court approves a remote appearance under rule 3.672 (exhibits lodged two (2) court days before), and electronic evidence under Rule 2.5 (419)
RULE 400: FAMILY LAW - GENERAL POLICY STATEMENT It is the policy of the Merced Superior Court to manage all family law cases from the time of filing to focus on settlement at the earliest possible date, to reduce the cost of litigation and to reach a fair and final resolution of the case expeditiously. These rules are intended to provide generally uniform practice and procedures among departments
Reviewer note: Composed 2026-10-15 (California T4 Merced build 2026-10-15) from BenchPath custody ca/t4/ca-merced/docs/local-rules/2026-july-local-rules.pdf (the court's rule book, its cover “MERCED COUNTY SUPERIOR COURT LOCAL RULES OF COURT EFFECTIVE July 1, 2026”, as fetched 2026-10-15; 711888 bytes, sha256 2fed23656f258d9056d180aa94888ac04a69db55e60e3b6c1a7a4b601cde7fbd; 112 pages; this part PDF pages 82 to 95, page marks 82 to 95) with the shared verbatim composer (v2 reflow): the rules (PDF pages 13 to 97) composed as one text and cut at the rule headings that open each part (“RULE 1: COURT ORGANIZATION”, “RULE 2: FILING PROCEDURES”, “RULE 3: CIVIL RULES”, “RULE 16: CRIMINAL RULES”, “RULE 17: TRAFFIC RULES”, “RULE 100: PROBATE RULES – PREFACE”, “RULE 200: ACCESS TO JUVENILE COURT RECORDS”, “RULE 400: FAMILY LAW - GENERAL POLICY STATEMENT”, “RULE 500: APPELLATE DIVISION”), each matched once as a whole line; every page's running head (“Merced Superior Court”, named) and page mark (“13 | P a g e” to “97 | P a g e”, named) removed as chrome - 170 chrome lines; lines reflowed into the rules' paragraphs, each rule heading 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; 1 whitespace-only fix (build/book-fixes.json: Rule 2.1's “California Rules of Court,” and “Rule 1.150.”, split where a line opens “Rule 1.150”, rejoined); 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 (PDF page 1), the judges' page (2), the summary of changes (3), the instructions (4 and 5), the contents (6 to 11), the cities and communities served (12), the list of rules and effective dates (98), the lists of approved local forms (99 to 107) and the index (108 to 112) belong to no card. Review note: Standing Order #2026-2 (carded) modifies Rule 410 effective September 14, 2026: CCRC appointments for designated parties are held in person at the Charles James Ogletree Jr. Courthouse unless otherwise ordered, and parties are no longer contacted the day before - in place of Rule 410(A)(7)'s Zoom video/phone appointments and Rule 410(A)(8)'s reminder. Rule 410(A)(5) has the completed CCRC Form (MSC-FL-036) submitted with the Family Law Clerk's Office “at the time that they file their moving papers”; the Family Law and Child Custody (Family Court Services) pages (carded) have the Confidential Information form mailed at least one (1) week before the appointment - review tasks on those cards. Rule 408 is printed “TELEPHONE APPEARANCES – Please refer to Rule 2.2”.
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 > Merced County > Superior Court of California, County of Merced
RULE 400: FAMILY LAW - GENERAL POLICY STATEMENT It is the policy of the Merced Superior Court to manage all family law cases from the time of filing to focus on settlement at the earliest possible date, to reduce the cost of litigation and to reach a fair and final resolution of the case expeditiously. These rules are intended to provide generally uniform practice and procedures among departments involved in family law matters in Merced County. Due to often unique facts or procedural inconsistencies, these rules should be considered as guidelines to which the Court will generally adhere. (Eff. 1/1/04; Renum. 1/1/13; Rev. 7/1/19) RULE 401: MATTERS ASSIGNED TO THE FAMILY LAW DIVISON All proceedings filed in the following matters are currently assigned to the Family Law Division: A. Matters arising from the California Family Code, including cases where the Local Child Support Agency appears on behalf of the County of Merced or any party. B. Matters arising from the Uniform Divorce Recognition Act, Family Code §§2090-2093. C. Matters arising from the Uniform Child Custody Jurisdiction Act, Family Code §§3400-3425. D. Matters arising from the Uniform Parentage Act, Family Code §§7600-7643. E. Matters arising from the Domestic Violence Prevention Act, Family Code §§6200-6305. F. Matters arising from the UIFSA provision of the Family Code and, request for orders or trials in actions brought by the local child support agency under the provisions of Family Code Sections 17000 et. seq. G. Matters arising from Family Code §§5700.101-5700.104, Support of Adult Child(ren) or Parents. H. Post-dissolution judgment actions, involving omitted or reserved property issues. I. Non-marital property right actions consolidated for trial with Family Code, except those cases in which a jury trial has been demanded. J. Mediation proceedings in Guardianship actions. (Eff. 7/1/04; Rev. 1/1/13, 1/1/18, 7/1/20) RULE 402: REQUEST FOR ORDER & TITLE IV-D CALENDAR Calendar Management – Short and Long Cause Family Law Matters/Place of Hearing/Courtroom 7 1. Commencing January 2017, the Merced Superior Court accepts filings in Family Law matters at the Los Banos Courthouse. All cases pending as of January 2017 shall be considered “Merced” cases and will continue to be set for hearing at the Merced Courthouse in Courtroom 7. All cases opened after January 2017 for persons living in the Los Banos area can be, at the litigants’ choice, set for hearing at the Los Banos Courthouse in Courtroom 13 as set forth in this rule hereinbelow. Whether a case is to be heard in Merced or Los Banos, litigants will be able to file documents and obtain copies of documents from their file at either Courthouse. 2. Short Cause matters are those matters requiring no more than fifteen (15) minutes of the Court’s time. Counsel shall be prepared to present their case based upon pleadings, declarations, and offers of proof. Counsel shall be prepared to explain why any live testimony is necessary. Short Cause matters shall be set for hearing on Mondays, Tuesdays, Wednesdays, or Fridays at 8:30 a.m. or on Mondays, Tuesdays, Wednesdays at 1:30 p.m. for all cases scheduled to be heard at the Merced Courthouse (Courtroom 7). Short Cause matters shall be set for hearing on the second and fourth Tuesday of each month at 8:45 a.m. for all cases scheduled to be heard at the Los Banos Courthouse (Courtroom 13). 3. Long Cause Matters are those matters requiring more than fifteen (15) minutes of the Court’s time. All long cause matters shall be heard on Thursdays at 8:30 a.m. and 1:30 p.m. Counsel shall meet and confer prior to the call of the case and determine if the anticipated hearing time exceeds fifteen (15) minutes. If both concur, they shall appear in Court and obtain a long cause date. If the time estimate of either party is exceeded, the Court may in its discretion, rule without further hearing defer the matter to the end of the calendar if time permits, continue the matter to the next available date or order the matter off calendar. All long cause matters shall be set for hearing at the Merced Courthouse (Courtroom 7). 4. All Case Management Conferences and Settlement Conferences shall be heard as set by the Court on Mondays at 11:00 a.m. at the Merced Courthouse (Courtroom 7). The Court has the discretion and may set Case Management or Settlement Conferences at other times. 5. All Trial Setting conferences shall be set for hearing by the Clerk on Mondays at 8:30 a.m. or 1:30 p.m. unless the case has been opened in Los Banos for hearing in which instance Trial Setting Conferences shall be set on the second and fourth-Tuesday of each month at 8:45 a.m. 6. All short cause domestic violence cases shall be set for hearing on Wednesdays and Thursdays at 9:30 a.m. at the Merced Courthouse in either Department 4 or 7. 7. These dates and times are subject to change. Refer to the Court’s website. (Eff. 7/1/04; Rev. 1/1/13; 1/1/14; 7/1/14; 1/1/17; 7/1/19; 7/1/21; 7/1/24; 1/1/26) B. DCSS (Title IV-D) Calendaring/Courtroom 4 1. Except as stated below, DCSS Contempt/work search reviews may be calendared in Courtroom 4 on Tuesday at 1:30 p.m. except the second and fourth Tuesday of each month. Short cause DCSS motions of hearings will be heard Monday at 1:30 p.m., Tuesday at 9:00 a.m., Wednesday at 9:00 a.m., or Thursday at 9:00 a.m. Long cause motions or hearings will be heard on Thursday afternoon at 1:30 p.m. 2. Los Banos cases only will be heard by video on the second and fourth Tuesday of each month at 8:30 a.m. and1:30 p.m. Merced cases will not be scheduled during this time. (Eff. 7/1/19; Rev. 7/1/21; 7/1/24; 1/1/26) RULE 407: LACK OF APPEARANCE OR TARDINESS A. Failure of the moving party or attorney to be present at the calendar call, or to have informed the Court staff of his/her presence in another department, may result in the matter being removed from the calendar and, if the responding party has appeared, attorney's fees and costs may be awarded to the appearing party. B. In the event the responding party or attorney fails to appear, the Court may continue the matter and award attorney's fees or enter an order on the pleadings and the declaration or testimony of the moving party. C. If, for any reason, the attorney or client is unable to be present at the time of the calendar call, the Court and opposing party shall be notified as soon as possible in person or by phone of the reasons for, and the extent of, such delay. (Eff. 7/1/04) RULE 408: TELEPHONE APPEARANCES – Please refer to Rule 2.2 RULE 410: RULES GOVERNING CUSTODY AND VISITATION ISSUES A. General 1. All Child Custody Evaluations shall include a Recommended Custody and Visitation Order as a part of the report. 2. The Child Custody Evaluation Report and Recommendation shall be deemed admissible without a foundation, but subject to cross examination. 3. When a Request for Order (“RFO”) seeking orders for custody or visitation is filed, the filing party shall also file a declaration under the Uniform Child Custody Jurisdiction Enforcement Act using Judicial Council Form FL-105. RFOs seeking child custody or visitation orders will be assigned two hearing dates at the time of filing: 1) a Child Custody Recommending Counseling (CCRC) date and 2) a further hearing date unless the parties have attended CCRC within six (6) months of the date of filing the RFO. If the parties have attended CCRC within six (6) months of the date of filing the RFO, the clerk shall assign only one date for appearance before the court at which hearing the court will determine whether the parties should be permitted to return to CCRC. 4. Parties are required to view a CCRC orientation video on-line, at the court website at www.merced.courts.ca.gov, located in the Family Court Services hyperlink. The video is available in English and Spanish. 5. Parties are required to complete the Intake Form (CRC, Rule 5.215 (e) Intake) identified as the CCRC Form (MSC-FL-036) located in the Family Court Services hyperlink. The CCRC Form is available in English. Parties must submit the completed CCRC Form with the Family Law Clerk’s Office at the time that they file their moving papers. In addition, they must also serve a blank Intake Form on the responding party along with their moving papers. If the CCRC appointment is scheduled on the same date as the court hearing then parties will be required to complete the form on the date of the scheduled CCRC. 6. Moving papers must be served before the scheduled CCRC date and a Proof of Service must be filed with the Court. Failure to file a Proof of Service prior to the CCRC appointment may result in the CCRC appointment being dropped. 7. All CCRC appointments for designated parties are held via Zoom video/phone unless otherwise ordered by the court. All child/ren interviews are conducted in-person unless the court orders that the interview shall be conducted via a Zoom video/phone. 8. Parties will be contacted one (1) business day before the scheduled CCRC proceeding via the phone or email to remind them of the appointment time and date. If the CCRC is not able to contact the Party at least one (1) day prior to the CCRC appointment, then the party will be contacted by phone or email on the day of the CCRC appointment. 9. Parties shall ensure that the Court has their current phone number and email address two (2) working days prior to the CCRC proceeding. Parties shall contact the Family Law Clerk’s office to update each parties phone number and email address. 10. Parties will be directed to contact the Family Court Services Director or the Family Law Clerks Office via the phone if they have not been contacted by the CCRC on the date and time of the CCRC proceeding. All reasonable measures shall be made to ensure that the CCRC appointment or child/ren interview shall take place. 11. At the CCRC proceeding, a parenting plan, that includes legal and physical custody, a weekly schedule, holiday/vacation schedules, exchange locations, concerns regarding the health, safety and welfare of the children, and issues contained in the Request for Order will be addressed. 12. Counsel shall not participate in the meeting with the CCRC. However, counsel shall have the right to review any agreement prior to being signed by electronically their client. 13. If the parties reach an agreement at the meeting with the CCRC regarding custody and visitation, that agreement will be adopted by the Court and immediately become effective. 14. If the parties do not reach an agreement during the meeting with the CCRC, the CCRC will make a recommendation to the Court that is in the best interests of the child(ren). The recommendation will also contain a separate rationale, which will be contained in a confidential file. The recommendation and rationale will generally be available one (1) week prior to the further court hearing and can be picked up at the Clerk’s office for review. 15. Unless otherwise ordered by the Court, all child custody/visitation orders will be subject to the standard orders contained in local form #MSC-FL-047, Standard Orders – Child Custody Attachment, which can be found at www.merced.courts.ca.gov. (Eff. 7/1/04; Renum. 7/1/18; 7/1/24 Rev. 1/1/13; 1/1/14; 7/1/14; 1/1/17; 7/1/20; 7/1/21; 7/1/24; 1/1/26) B. Standard Orders When Private Evaluation Ordered by Court The following standard orders shall apply when the Court orders a partial or full scope evaluation unless otherwise specifically ordered by the Court. These orders are in addition to the specific orders contained in the Order Appointing Child Custody Evaluator (form FL-327). For more information on evaluation services, review the “Child Custody Evaluation Information Sheet” (form FL-329), discuss the service with the CCRC, or consult with your family law attorney. 1. After the hearing, the Court will direct the parties regarding choosing the private custody evaluator. Once an evaluation is appointed by the Court, the Family Court Services Director will generally be ordered to prepare the necessary order appointing evaluator (FL-327). 2. After the Evaluator has been appointed, the parties are to contact the appointed Evaluator to make the necessary arrangements for the services to commence. The parties are to make arrangements to pay their share of the service as ordered by the Court. Unless otherwise specified by the Court, each party is responsible for half of the cost(s) of the evaluation service. The cost for the service is determined by the private Evaluator. 3. Both parties are ordered to attend all scheduled appointments to conduct the partial-scope or full custody evaluation services and to make the child(ren) available for any appointment with the Evaluator. The parties are further ordered to provide any documentation requested by the Evaluator and sign any releases of information requested by the Evaluator. Office procedures regarding scheduling of appointments, cancellations, and no shows for appointments and the cost for any late cancellations or no shows is determined by the individual Evaluators in accordance with his/her private practice policies and procedures. 4. Once the evaluation is completed, the parties will be mailed a copy of the recommended custody order, the evaluation report and objection paperwork. Copies will be mailed to the parties’ last address on file with the Court. Parties and their attorneys are responsible to ensure that there are no unwarranted disclosures of the report. Such unwarranted disclosures occur when it is “done either recklessly or maliciously and is not in the best interest of the child.” For further information regarding dissemination of the report, unwarranted disclosures, and potential consequences for violations please refer to form FL- 328, “Notice Regarding Confidentiality of Child Custody Evaluation Report.” Each party will have twenty (20) days (plus 5 days for mailing) from the date the Family Law Clerks’ office mails out the recommended order to file an objection with the Court. If no objections are filed within the above time allowances, the Court shall adopt the recommendation. If either party files an objection, the Family Law Clerks’ office shall set the matter for hearing on the objection and notify the parties of the time and date of the Court hearing by mail at their last address on file with the Court. (Eff. 1/1/13; Renum. 7/1/18; Rev. 1/1/17, 1/1/19) C. Minor’s Counsel The appointment of counsel to represent children in Family Law cases is authorized by Family Code Section 3150, California Rules of Court Rule 5.240, 5.241, and 5.242. (Eff. 7/1/04; Rev. 7/1/14, 7/1/24; Renum. 7/1/18) D. Disqualification of Child Custody Recommending Counselor; 1. There is no peremptory challenge to a CCRC. 2. A CCRC can be disqualified for good cause. Any party wishing to challenge a CCRC for cause shall complete the Merced Superior Court local form MSC-FL-021 Ex-Parte Request and Order re: Disqualification of CCRC as soon as they first become aware of the conflict of interest or other cause which is the basis of the challenge. The local form can be obtained at the Family Law Clerk’s Office or at www.merced.courts.ca.gov. Once completed, the form shall be submitted to the Court Administration Office for review and approval. Upon approval of any challenge, the Court will appoint an alternate CCRC for the matter. 3. All Family Court Services (FCS) staff shall disclose any known, actual or potential conflicts of interest at the first meeting with the parties. These conflicts shall be resolved by the Court or the CCRC shall recuse themselves. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/13, 7/1/14, 1/1/17, 1/1/19, 7/1/20, 7/1/21, 1/1/23,7/1/24) E. Motion by the Child Custody Recommending Counselor Upon meeting with the parties, the CCRC has the authority to make an ex parte request to the Court seeking: 1. Temporary Orders for the protection of the child or children involved; 2. A more extensive evaluation/investigation be ordered; or 3. Copies of records from Child Protective Services, law enforcement agencies, medical providers for the child or any and all other reports, records, or other tangible documents previously made relating to the issues of custody and visitation. Any Order made upon the CCRC’s request shall be immediately served on the parties or their attorney by the Clerk’s office. Any party objecting to same may file an ex parte motion with the Court seeking review and modification of any such Order made. (Eff. 7/1/04; Rev. 1/1/13, 1/1/17; Renum. 7/1/18) F. Complaints Regarding Child Custody Recommending Counselors per Family Code section 3163/Rule 5.210(d)(1)(C)(i) Any complaint regarding a CCRC appointed by the Court shall be provided in writing to the Court Executive Officer. The Court Executive Officer shall then forward the complaint to the FCS Director. The FCS Director will review and investigate the complaint. If the complaint is against the FCS Director, either in their role as director, CCRC or the FCS Director has a conflict of interest, the complaint will be handled by the Court Executive Officer. Upon completion of the investigation, the FCS Director shall forward a written response to the Court Executive Officer. The FCS Director may set a meeting with the Court Executive Officer, Family Law Judge or FCS CCRC to discuss the complaint, any concerns, findings, or responses as deemed appropriate. Upon completion of the investigation, the FCS Director shall then provide the Court Executive Officer with their finding of the investigation and review of the complaint. The Court Executive Officer shall then respond in writing to the complaining party of the decision and reasoning. If the complainant is dissatisfied with the decision, they may appeal in writing to the Family Court Judge who, after review of the complaint and decision will issue the appropriate order in response to the complaint (Family Code section 3163). A copy of the complaint and response shall be forwarded to the Presiding Judge, Family Law Judge, FCS Director, CCRC. A copy of the letter shall be placed in the confidential envelope of the case file if appropriate. (Eff. 1/1/13; Renum. 7/1/18; Rev. 7/1/19, 7/1/21,7/1/24) G. Supervised Visitation All supervised visitation providers shall comply with the requirements and qualifications outlined in California Standards of Judicial Administration Standard 5.20 prior to the commencement of any supervised visitation. Failure to comply with these requirements shall be grounds for disqualification to act as a supervised visitation provider. 1. Professional Supervised Visitation Providers Professional Supervised Visitation Providers shall utilize form FL-324(P) [Declaration of Supervised Visitation Provider (Professional)] to report their qualifications. This form and any professional provider’s original reports required shall be filed confidentially into the relevant Family Law case. 2. Non-Professional Supervised Visitation Providers a. All Non-professional supervised visitation providers shall review the guide: Supervised Visitation- A Guide for Non-Professional Providers. A copy of the guide can be obtained from the Family Law Clerk’s Office or downloaded from the Court’s web site. This guide outlines the role of the provider, the terms and conditions of supervised visitation, and the legal responsibilities and obligations of a provider. Failure to adhere to these standards can be grounds for removal as a supervised visitation provider. b. Non-Professional Supervised Visitation Providers shall utilize form FL- 324(NP) [Declaration of Supervised Visitation Provider (Non-Professional)] to report their qualifications. This form shall be filed confidentially into the relevant Family Law case. All forms are available at: https://www.merced.courts.ca.gov/forms-filing/local-forms. (Eff. 1/1/22, Rev. 7/1/2022, 7/1/2024) RULE 411: EX PARTE ORDERS A. Ex parte requests for orders shall be presented to the Court in accordance with California Rules of Court, rule 5.151. B. All ex parte requests for hearing shall be reviewed by a Judicial officer and set for hearing per the Judicial officer’s instruction. All requests will be reviewed within 1 to 2 court days of submission. C. No ex parte hearing will be set unless the appropriate filing fee is paid at the time the request is submitted to the Court. D. No ex parte hearing will be set unless local form MSC-FL-023 Declaration in Support of Ex Parte Application for Orders, available at the Family Law Clerk’s Office or at www.merced.courts.ca.gov, or Judicial Council Form FL-303 has been filed with the Clerk’s Office. E. Ordinarily, an ex parte order will not be issued unless one of the following conditions exists: 1. Notice was given to the adverse party by at least 10:00 a.m. the day preceding submission to the Court of the ex parte request so that adverse party has an opportunity to oppose the application by counter declarations filed with the Clerk as soon as possible; or 2. Reasonable good faith efforts were made to notify the party; or 3. It clearly appears in the declaration that giving notice would frustrate the purpose of the proposed orders; or 4. The applicant would suffer immediate and irreparable injury before the adverse party could be heard in opposition; or 5. It appears by declaration that no significant burden or inconvenience will result to the adverse party. F. An ex parte order will be issued only if the application is accompanied by a specific declaration adequate to support its issuance. Conclusions, feelings, wishes, or fears will not be adequate to support an ex parte order. G. An application for an order seeking confirmation of sole custody for a party shall specify the duration and other circumstances justifying continued sole custody. H. There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of status quo. Failure to disclose or misrepresentation of the facts may result in an award of sanctions. (Eff. 7/1/04; Renum. 7/1/18; Rev. 1/1/09, 1/1/13, 7/1/13, 7/1/14, 1/1/17, 1/1/19, 7/1/21, 7/1/24) RULE 413: ORDER CHANGING CUSTODY OF MINOR A. An application for ex parte order to immediately change the custody of any minor child(ren) must be supported by a declaration showing by clear, specific allegations that the health and welfare of the child(ren) requires immediate change of custody. The declaration shall also set forth, in brief, the circumstances in which the child would be placed pending the hearing. B. The declaration shall also contain a statement of which party currently has actual physical custody of the child(ren) in question, how such physical custody was obtained and for how long the party has had such physical custody. (Eff. 7/1/04; Renum. 7/1/18) RULE 415: INCOME AND EXPENSE DECLARATION A. In accordance with CRC 5.92, no case in which monetary relief of any kind is requested, including any request for child support, spousal support or attorney’s fees and costs, shall be heard unless a current Income and Expense Declaration (Judicial Council Form FL-150) has been completed and filed by the moving and responding parties along with their moving and responding papers. The Income and Expense Declaration filed shall be served on the opposing party with the moving or responding papers. B. For purposes of this provision “current” means executed within three months of the date the matter is to be heard CRC 5.260. C. In the event that the moving party fails to comply with this rule, the matter may be dropped from calendar, continued, and/or the Court may impose sanctions. The Court may also impose sanctions if delay results from the failure of either party to comply with this rule. D. The Income and Expense Declaration shall be considered as received in evidence at the hearing subject to amendment and/or cross-examination at the time of hearing. E. All blanks on the Income and Expense Declaration must be answered. Notations such as “unknown”, “estimate”, “not applicable” or “none” should be used to avoid leaving any item blank. If current facts are temporary, both the actual current facts and the estimated prospective facts may be shown if properly identified. F. Every Income and Expense Declaration shall have attached to it supporting documentation to verify income claimed. 1. If a party claims wage income, they shall attach their last three pay stubs showing both current and year to date total income paid to the individual. If the party claims that part of his/her wages are from overtime they shall so indicate in an attachment to the declaration and further indicate the amount of regular pay received by them and the frequency and amount of overtime paid. 2. If a party claims income from sources other than wages, they shall attach schedules establishing the other income earned in the year preceding the preparation of the declaration (i.e. business income and expense, commission income, bonus income, rental income and expense, interest income, etc.). Business expense schedules shall identify clearly any depreciation or other non-cash expenses deductible from income. Self-employed individuals must attach a Profit & Loss Statement for the preceding two (2) years or a Schedule C from their last Federal tax return. 3. If a party is unemployed they shall attach a factual declaration stating when they were last employed, where they were last employed, gross and net income derived there from, reasons for termination and efforts to seek employment since their last job. 4. If a party is receiving Social Security income, Disability income, Unemployment compensation, Workman’s compensation, or other funds from any other entitlement program they shall so indicate in the declaration and attach to the Income and Expense Declaration a copy of their most recent statement indicating the amount and expected duration of the entitlement income. (Eff. 7/1/04; Rev. 1/1/09, 1/1/13, 1/1/17, 1/1/19, 7/1/21,7/1/24; Renum. 7/1/24) RULE 416: STANDARD ORDERS FOR ALL CHILD SUPPORT CASES A. Standard Orders Unless otherwise ordered by the Court, all child support orders will be subject to the standard orders contained in local form #MSC-FL-025, Standard Orders – Child Support Attachment, which can be found at www.merced.courts.ca.gov. (Eff. 1/1/13; Rev. 1/1/17, 1/1/19, 7/1/24; Renum. 7/1/24) RULE 417: CASE MANAGEMENT A. Peremptory Challenges In the Family Law Department, a single judge is assigned to a regularly presides in a single department. The judge is assigned to Family Law matters for all purposes. Consequently, the time limits for preemptory challenges are governed by Code of Civil Procedure section 170.6. B. Meet and Confer Obligation On all requests for order(s), motions and hearings in family law matters, excluding any matters involving domestic violence, each party, or that party’s counsel, shall meet and confer in person or by phone before the hearing date and shall make a good faith attempt to settle all issues in the request for order(s), even if a complete settlement is not possible and only conditional agreements are made. The failure to abide by this rule may result in continuance of the hearing date or may, after notice and a hearing, serve as the base for subsequent conduct-based sanctions. (Cal. Rules of Ct., rule 5.98(a); Fam. Code, § 271; Code Civ. Proc., §§ 128.5, 128.7.). Copies of documents, intended to be offered as part of a case in chief, shall be provided to opposing parties/counsel prior to the Court hearing. (Cal Rules of Court, rule 5.98(b).) A party may not wait until the time of the hearing to "surprise" the opposing party with proffered documentary evidence, except to impeach the veracity of a party or witness. RULE 418: SETTLEMENT CONFERENCES A. Settlement Conference Policy Statement It is the policy of the Superior Court of Merced County to settle issues and cases to the extent legally possible, to allow focus on settlement at the earliest possible date, to reduce the cost of litigation, and to reach a final conclusion of the case fairly and expeditiously. Therefore, compliance with these Settlement Conference Rules, attendance at Settlement Conferences, and full participation by both parties and counsel are all mandatory. After a noticed hearing, sanctions will be imposed for non-compliance. B. Persons Attending Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the Court for good cause shown. If any consent to settle is required for any reason, the party with that authority must be personally present at the conference. The Court may impose sanctions in the event of an unexcused absence of a party or counsel. Experience has demonstrated the importance and necessity of the presence of all persons whose consent will be required for binding settlement agreement. Therefore, only extraordinary circumstances will excuse the non-appearance at the conference of the party or counsel. C. Each Party to Be Prepared At the conference each party shall be prepared to make their minimum request. In each case, counsel who attends the conference shall be thoroughly familiar with the case and shall be prepared to discuss it. D. Mandatory Meet and Confer Requirement All trial counsel and parties shall meet at least once, or exchange written settlement proposals, at least once prior to the scheduled Settlement Conference. E. Mandatory Settlement Conference Statements It is mandatory that all parties or counsel shall, at least ten (10) days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a settlement conference statement on containing the following: 1. The statistical information of the parties. 2. The dates of compliance with paragraph D above. 3. Details of any agreements or conditional agreements. 4. A description of each issue in dispute. The description shall include each party’s contentions as to the disputed issue. If spousal support is a disputed issue, the description shall include each party’s contentions as to the Family Code §4320 factors. 5. Estimated date that the party will be ready for trial and a good faith time estimate for Trial. Failure to file a Settlement Statement timely may result in the imposition of monetary sanctions, after a noticed hearing. RULE 419: TRIALS/LONG CAUSE HEARINGS A. Exhibit Lists, Witness Lists, Expert Witness Declarations, and Trial Briefs All Exhibit Lists, Witness Lists, Expert Witness Declarations and Trial Briefs shall be served and filed no later than fourteen (14) days prior to the first day set for trial/long cause hearing. Unless otherwise ordered, in the event of a continuance, this deadline remains firm. Failure to disclose witnesses and exhibits pursuant to this section may be excluded at the time of trial/long cause hearing pursuant to Cal. Code of Civil Procedure §2034.260. B. Remote Appearances at Trial/Long Cause Hearing All parties, counsel, and witnesses are expected to appear in person for the trial or long cause hearing, unless the Court approves a remote appearance. Remote appearances shall be requested using the forms and procedures set forth in California Rule of Court 3.672. If a remote appearance is granted all exhibits, documents, etc shall be lodged with the Court at least two (2) court days prior to the first day of trial/long cause hearing. C. Electronic Evidence – Please refer to Rule 2.5 RULE 420-499: [RESERVED]
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.