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Chapter 13 (Rules 13.01 to 13.10): pleadings on the appropriate Judicial Council form where mandated, and documents other than the initial petition and orders to show cause accompanied by a proof of service under Code of Civil Procedure §1013(a) (13.01); the law & motion calendar for Family Law cases held weekly, at 10:00 a.m. each Monday, hearings limited to fifteen minutes, a matter set on the next available trial or long-cause calendar on a sufficient offer of proof or a request for live testimony filed at least twenty-four hours before the hearing (13.02(A)); a “Declaration Re Ex Parte Notice” with Family Code ex parte applications, and orders issued ex parte only on a declaration adequate under Family Code Section 6300 and Code of Civil Procedure Section 527 (13.02(B)); moving and responsive papers served under Code of Civil Procedure §1005 (including on the designated child support agency) and responses served and filed under §1005(b), and alternative relief that a responding party may request in the responsive pleadings (Family Code §213) (13.02(C) to 13.02(D)); counsel and the parties to meet and confer in good faith and exchange documentary evidence prior to any hearing, all stipulations in writing (13.02(E)); a continuance of the initial date for any hearing granted by the Clerk by telephone when the moving party represents that service has been made and the parties agree, the request made before 4:00 PM at least two (2) court days before the hearing, and the requesting party to send a confirming letter (13.02(F)); a moving party's matter dropped to the bottom of the calendar or ordered off calendar on non-appearance, and attorneys to bring their calendars to each hearing (13.02(G)); declarations received in evidence, offers of proof at the Court's discretion and live witnesses under Rule 3.1306 (13.02(H)); orders after hearing prepared under Local Rule 3.07 and sent to the opposing party, the Court Mediator and the support agency where involved, support stipulations on Judicial Council forms (13.02(I)); informal discovery encouraged (13.03); a current Income and Expense Declaration whenever a financial matter is at issue (a new one if filed more than sixty (60) days before the hearing), with W-2's or 1099 forms, the last two (2) pay stubs and, if self-employed, a profit and loss statement, and tax returns filed only with a separate declaration marked “CONFIDENTIAL TAX RETURN” (13.04); court-ordered mediation required prior to a contested hearing on custody or visitation, separate sessions on request where there is a history of domestic violence or a protective order, attorneys not to attend the mediation sessions, children not brought to mediation sessions, the Court Mediator not to provide interpreters, no ex parte application on custody or visitation without first notifying the Mediator, no peremptory challenges of the Mediator, and Family Code §3111 evaluations paid before they begin (13.05); orders resolving custody and visitation obtained before other issues are set for trial, signed custody agreements filed not less than three (3) court days before the hearing, a statement of issues filed at least twenty (20) days prior to trial or ten (10) days prior to the settlement conference, the parties to exchange copies of exhibits at least five (5) days prior to trial, and a motion for an alternate valuation date not less than thirty (30) calendar days before trial (13.06); default judgments on a request to enter default with the original summons and proof of service, the moving party to state on the declaration for default the date of separation, the custodial arrangement and the child support sought, attorney's fees greater than $750.00 supported by a declaration, marital status to terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent, and the form “Notice of Entry of Judgment” with two envelopes (13.07); no property settlement agreement approved unless all of the following requirements are satisfied, proofs of service of the disclosure declarations required by Family Code §2105 filed among them (13.08); the Clerk to submit requests for default or uncontested judgments to the judicial officer, and status-only judgments on an ex parte application for bifurcation (13.09); and the Family Law Facilitator appointed under Family Code §10000, et seq., its services at no cost (13.10).
CHAPTER 13: FAMILY LAW RULES 13.01 Use of Judicial Council Forms, Proofs of Service. (1) All pleadings, including orders to show cause, notices of motion, and responsive declarations, must be pleaded on the appropriate Judicial Council form where mandated, and all documents filed with the Court must comply with the California Rules of Court as to form and format. (2) Except for the initial Petitio
Reviewer note: Composed 2026-10-12 (California T4 Modoc build 2026-10-12) from BenchPath custody ca/t4/ca-modoc/docs/local-rules/modocrules-07-01-2024.pdf (the court's rule book, its first page “SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MODOC LOCAL RULES OF COURT TABLE OF CONTENTS”, as fetched 2026-10-12; 1907063 bytes, sha256 a50f847b5814ce5e8bb2da3640a5e49e90c9d77c5617112ef0f5d7b35039c95e; 106 pages; this chapter PDF pages 52 to 72, printed pages 52 to 72) with the shared verbatim composer (v2 reflow): the rules (PDF pages 5 to 91, printed with the same numbers) composed as one text and cut at the sixteen chapter headings - “CHAPTER 1: GENERAL RULES” to “CHAPTER 16: JUVENILE DELINQUENCY RULES”, each matched once at a line start (a chapter may begin mid-page); the book's title line atop page 5 (“LOCAL RULES OF THE MODOC COUNTY SUPERIOR COURT”) set before Chapter 1 and in no card; Appendix A, the Appellate Division Local Rules (PDF pages 101 to 106), composed apart with the same settings and cut at its heading “APPENDIX “A””, the list of local forms above it on page 101 (Appendix B, a finding aid) set aside; the running header of every page (“Superior Court of the State of California” and “County of Modoc, Local Rules”, named) and the page number at its foot (“5”, named and a whole line in its band) removed as chrome - 261 chrome lines in the rules, 18 in the appendix; lines reflowed into the rules' paragraphs, each rule's number and title (“1.01 Citation of Rules:”), each lettered subdivision and numbered paragraph and each history line (“(Rule 1.01 adopted effective January 1, 2011.)”) starting a line and each chapter heading on a line of its own; the strike report (review/strike-report-2026-10-12.txt) finds no struck run on the book's 106 pages; no table on the rule pages (page 101's one table is Appendix B's list); 16 whitespace-only fixes (build/book-fixes.json: fourteen hyphenated words the text layer sets with the hyphen as a line of its own, rejoined as printed - “post-trial”, “pre-marked”, “3.1200-3.1207”, “non-appearance” (twice), “cross-complaint”, “self-represented”, “self-employed”, “non-custodial”, “non-English-speaking”, “follow-up”, “long-term”, “Court-sponsored” and “interest-bearing”; and in Appendix A two paragraphs of section I and the cover sheet's address block of section J, which the reflow joined, split); the vertical-gap, short-line, page-break, bold, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.03(B)'s heading over its first paragraph, the headings and lists the false-break audit names); the book's own text kept as printed (Rule 5.02(A)'s fee schedule, its third item broken across two lines; the cross-references the review notes name; “12:00 AM (noon)” in Rule 3.03(C)); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The table of contents (PDF pages 1 to 4), the Subject Index (92 to 95), the Local Rules Index (96 to 100) and Appendix B (the list of local forms MOD-1 to MOD-15 on page 101) belong to no card. Review note: Rule 13.02(B)(1) points to the “Declaration Re Ex Parte Notice” with “(See Appendix A)”; the book's Appendix A is the Appellate Division rules, and Appendix B lists the local form MOD-15, “Declaration for Ex Parte Application (Mandatory)”. Rule 13.08's history line prints no opening parenthesis; Rule 13.10(C) refers to “the duties listed in subdivision 14.10.B” (the facilitator's additional duties are Rule 13.10(B)).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > Modoc County > Superior Court of California, County of Modoc
CHAPTER 13: FAMILY LAW RULES 13.01 Use of Judicial Council Forms, Proofs of Service. (1) All pleadings, including orders to show cause, notices of motion, and responsive declarations, must be pleaded on the appropriate Judicial Council form where mandated, and all documents filed with the Court must comply with the California Rules of Court as to form and format. (2) Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the Court shall be accompanied by a proof of service of that document, and the proof of service shall be in compliance with Code of Civil Procedure §1013(a). 13.02 Family Law Motions and Orders to Show Cause: A. Calendars for Family Law Motions and Orders to Show Cause. 1. Date and Time. The law & motion calendar for Family Law cases is held weekly, at 10:00 a.m. each Monday. The dates and times for fixed calendars are subject to change. Parties should confirm dates with the Clerk of the Court. The Clerk will set any motion, or enter the date of hearing on an Order to Show Cause, and will insert the requested date on the moving papers along with the appropriate time. 2. Fifteen-Minute Time Limit. All hearings on the law and motion calendar in the Family Law Department are limited to fifteen minutes or less. A moving or responding party may request a long-cause hearing pursuant to the provisions of Section Three of these Rules. Where a hearing on the law and motion calendar exceeds fifteen minutes, the Court may rule without further hearing, defer the matter to the end of the calendar, continue the matter to another date, order the matter off calendar, or declare a mistrial. 3. Lengthy Matters. If, after call of the calendar, the moving or responding party contends that the hearing will require more than fifteen minutes, and has made sufficient offer of proof or has filed, at least twenty-four hours before the hearing, a request for live testimony, then the Court will set the matter on the next available trial or long-cause calendar. If, after call of the calendar and commencement of argument, it appears to the Court that more than fifteen minutes will be required for hearing of a matter, then the Court may set the matter on the next available trial and long-cause calendar. B. Requests for Ex Parte Orders Pending Hearing. Ex parte motions must be made and conducted as set forth in Section Three of these Rules, and will be calendared by the Clerk of the Court. 1. For ex parte matters made pursuant to the Family Code, a “Declaration Re Ex Parte Notice” (See Appendix A) must be completed by counsel or self-represented party, and submitted with the ex parte application. 2. Orders will be issued ex parte only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code Section 6300 and Code of Civil Procedure Section 527. If the affidavit or declaration does not contain a sufficient factual basis for a requested order, it will not be granted. Counsel and unrepresented parties will not be permitted to augment affidavits or written declarations by verbal statements. 3. A judicial officer will review ex parte applications and request for orders as soon as is practical after submission to the Clerk of the Court. 4. The reviewing judicial officer has discretion to deny a requested hearing on the ex parte application, solely because of the submitted documents. C. Service of Moving and Responsive Documents; Effect of Failure to Serve. 1. Service of Documents. Moving and responsive pleadings must be served on the opposing party or attorney, including the designated child support agency if a party has applied for and/or is receiving public assistance, or has referred the matter to such agency, in accordance with Code of Civil Procedure §1005. Orders to Show Cause (OSC) issued in connection with temporary restraining orders under the Family Code must be served in accordance with Family Code §242. 2. Failure to Serve. If a responding party fails to appear at a hearing, the moving party must submit proof of timely service to the Court. Otherwise, the matter may be taken off calendar. A moving party may submit, on the appropriate Judicial Council form, an application and order for re-issuance of an order to show cause. D. Responsive Pleadings to OSC or Notice of Motion. 1. Time Requirements. Unless otherwise ordered or good cause is shown, any responses, declarations, or points and authorities must be served and filed according to the provisions of Code of Civil Procedure §1005(b). Failure to comply with this requirement may result in the refusal by the Court to consider any papers not timely filed. The Court also may continue the matter and/or impose appropriate sanctions. 2. Alternative Relief. A responding party may request alternative relief in the responsive pleadings, without filing a separate order to show cause or motion. (Family Code §213.) The Court may consider a request for mutual restraining orders, but only in the case where the parties requesting the orders have complied with Family Code §6305. A responding party seeking affirmative relief must file and serve a separate order to show cause or notice of motion. E. Meet and Confer Requirements; Exchange of Documents; Stipulations. 1. Meet & Confer; Exchanging Documents. Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues. While conferring, or prior thereto, litigants must exchange all documentary evidence that is to be relied on for proof of any material fact. Failure to meet and confer or to exchange documents in a timely manner may result in the matter being dropped from the calendar or continued, and the Court may order other appropriate sanctions, including monetary sanctions. At the hearing, the attorneys for the parties must advise the Court as to what issues have been settled by agreement and what issues remain contested. 2. Stipulations. All stipulations must be in writing, and all stipulations must be submitted to the Court prior to or at the calendar call on the date set for hearing. F. Continuances. 1. The Court looks with disfavor on requests for continuances, unless good cause is shown. 2. A continuance of the initial date for any hearing may be granted by the Clerk by telephone if (a) the moving party represents to the Clerk that service has been made and that the parties agree to the continuance to a specified date certain; and (b) the request is made before 4:00 PM at least two (2) court days before the scheduled hearing. The requesting party must send a confirming letter by method reasonably calculated to reach the Court prior to the originally scheduled hearing. 3. Failure to notify the court of an agreement for a continuance before 4:00 P.M. at least two (2) court days preceding the hearing may result in the imposition of monetary sanctions. Such monetary sanctions will be in addition to any fees required for the continuance. G. Hearing Procedures. 1. Calendar Call. a. Time Estimate. Parties or counsel must be prepared to state a time estimate on the length of the matter. Hearings on the Family Law & Motion calendar are limited to fifteen (15) minutes, and may be subject to further limitations to accommodate the Court’s calendar. Generally, the Court will hear stipulated matters first, and may give calendar preference to volunteer attorneys representing pro bono clients. If both parties believe in good faith that the matter cannot be completed within fifteen (15) minutes, they must so inform the Court at the time the matter is called. The Court may then continue the matter to another date on its long-cause calendar, or make other appropriate orders. b. Non-Appearance by a Moving Party. If the moving party or counsel is not present when the calendar is called, the matter ordinarily will be either dropped to the bottom of the calendar or ordered off calendar unless the responding party has requested affirmative relief. If the moving party or counsel is going to be unavoidably late, the Clerk of the Court must be so notified at the earliest possible opportunity. c. Non-Appearance of Responding Party and Requirement and Effect of Proof of Service. If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the Court. If proof of service is not produced but the moving party alleges that timely service has been accomplished, the matter may be taken off calendar or continued to allow submission of proof of service. Where a valid proof of service is provided, the Court will hear the order to show cause or motion as an uncontested matter. 2. Attorney's Calendar Requirements. Because contested matters are often continued to another date, attorneys must bring their calendars to each hearing. If an attorney does not have his or her calendar available at the time the continuance is being set, a matter that is continued to a date that conflicts with an attorney’s prior commitment will not be continued because of said commitment. 3. Copies of Other Pleadings. When counsel or self-represented party plans to refer to a document that was previously filed with the Court but is now unavailable (because the file containing the document is on microfiche, or otherwise), it is the responsibility of the party relying on the document to obtain copies thereof, to attach the copies to his or her papers, and to make the document available to the Court prior to the hearing on the matter. H. Presentation of Evidence at the Hearing. 1. Declarations Received in Evidence. Counsel must be prepared to present their positions based upon pleadings, declarations, and offers of proof. The Court will consider all declarations to have been received in evidence at the hearing, subject to legal objection and cross-examination where appropriate, Reifler v. Superior Court, (1974) 39 Cal.App.3d 479. The Court may decide in appropriate cases contested issues based solely on the application, the response, the supporting declarations, and the memoranda of points and authorities submitted by the parties. 2. Offers of Proof. In lieu of testimony, and solely at the Court’s discretion, an offer of proof may be made during any hearing or trial. An offer of proof is a succinct statement given by counsel that declares what a particular witness would say if called to the stand. Offers of proof are subject to the same evidentiary objections as live testimony, and must be distinguished and presented separately from argument. 3. Live Witnesses. A party seeking to introduce oral evidence at a hearing (except for oral evidence in rebuttal to oral evidence presented by the other party) must comply with the requirements of Rule 3.1306 of the California Rules of Court. 4. Sanctions for Misstating an Offer of Proof. The Court may impose appropriate sanctions for misstating evidence in an offer of proof. I. Preparation and Service of Orders after Hearing; Form of Support Stipulations. 1. Procedure. Preparation of orders after hearing, and obtaining the approval of opposing counsel, must be accomplished as set forth in Local Rule 3.07. 2. Service of Orders. a. Service on Opposing Party. After an order has been signed by the Court and filed, the party preparing the order must mail an endorsed filed copy to opposing counsel or self-represented party. b. Service on the Mediator. If an order involves custody and/or visitation, and the Court Mediator has seen the parties, an endorsed filed copy of the order must be sent by the party preparing the order to the Court Mediator. c. Service on Child Support Agency. If an order involves custody, visitation, and/or support, and the County of Modoc is a party, or a designated child support agency is involved in the collection of support for the benefit of a party to the matter, the party who has prepared the order must sent an endorsed copy of the order must be sent to the support agency. 3. Stipulations Establishing or Modifying Child Support Orders. All stipulations establishing or modifying child support must be submitted on the appropriate Judicial Council forms. (Rule 13.02 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.03 Family Law Discovery: Parties are encouraged to participate in informal discovery as a means of conserving their financial resources. In appropriate cases, upon the Court’s own motion or upon a request from either party, the Court may adopt a discovery plan that is tailored to the issues of the case and to the financial resources of the parties. (Note: the Code of Civil Procedure governs discovery in Family Law matters, in general. Expert witness disclosures are governed specifically by CCP §3034.) (Rule 13.03 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.04 Rules Applicable to All Financial, Child Support and Spousal Support Issues: A. In General Rule 13.04 applies to any Family Law proceeding where a financial matter is at issue. “Financial matter” as used herein includes any request for child support, for spousal or family support, or for attorney’s fees and costs. Parties must disclose to each other and to the Court all relevant financial information, in a timely and complete manner, whenever a financial matter is at issue. The Court may impose sanctions, including monetary sanctions, for failure to comply with this Rule. B. Income and Expense Declaration; Additional Financial Information. 1. I&E Declarations Must Be Current. Each party must submit a current Income and Expense Declaration (“I&E”) whenever a financial matter is an issue. If an I&E has been filed more than sixty (60) days before the date of the hearing, a new declaration must be filed unless the party who would be filing the I&E files and serves instead a declaration under penalty of perjury that the contents of the last filed I&E (identified by filing date) have not changed materially in any respect. The I&E must state the best estimate of the other party’s income, and whether or not child custody or visitation is currently an issue. The Declaration must state the declarant’s best estimate of the timeshare each party has with the minor child(ren). The Court will accept a Simplified Financial Declaration form in lieu of an I&E for child support calculations in appropriate cases. 2. Declaration Must Be Complete. All applicable blanks on the Income and Expense Declaration must be completed. Notations such as "Unknown," “Estimate," "Not Applicable," and "None" may be used where appropriate. The following items or information must be attached to the Income and Expense Declaration: a. W-2’s or 1099 forms if the income tax return is unavailable; b. Last two (2) pay stubs. c. If the submitting party is self-employed, a profit and loss statement for the preceding twelve (12) months, or other appropriate time period that is at least as detailed as the IRS form Schedule “C”. In addition, and not withstanding subsection B.(1) of this Rule, if more than sixty (60) days have elapsed since the filing of the Income and Expense Declaration, self-employed individuals must prepare a supplemental profit and loss statement, at least as detailed as the IRS form Schedule C, for the period of time from the ending date of the profit and loss statement attached to the I&E through the time of the hearing. Any supplemental profit and loss statement must be delivered to the other party no later than five (5) court days preceding the hearing date. d. If child support is sought for a child who is sixteen (16) years of age or older, the moving party must state the child’s school grade level as of the application. e. Upon request, the parties must also exchange income tax returns for the prior two (2) years, including all attachments. 3. Requirement of an Additional Factual Declaration When a Party Is Unemployed. If a party is unemployed, that party must submit a declaration describing his or her previous employment, gross/net income earned when employed, and reasons for termination. It also must describe the party’s current efforts to obtain employment. C. Filing Tax Returns with the Court. Any tax return to be filed with the Court, whether it is the tax return of the person filing it or the tax return of any other person must be attached to a separate declaration that identifies the tax return(s) being submitted and that is conspicuously marked “CONFIDENTIAL TAX RETURN”. Any document so identified will be kept in a confidential section of the file, to be viewed only by the parties, their attorneys, and the Court. Tax returns must not be attached to any other pleadings, forms, or documents submitted to the Court. If the Court finds that the tax return is not relevant to the issues of the case, the tax return will be returned to the party who submitted it, in accordance with Family Code §3552. D. Calculation of Child Support. The Court may utilize any computer program approved by the Judicial Council for calculation of child support. Parties should submit a printout of their own calculations to the Court to consider when support issues are to be decided. (Rule 13.04 adopted effective January 1, 2011.) 13.05 Procedures and Policies for Resolution of Custody and Visitation Issues: A. Mediation. 1. Introduction. The Court Mediator’s Office, in conjunction with the Court, assists in resolving contested issues concerning children. To that end, the Court Mediator provides mediation of custody and visitation disputes, and may conduct Court-ordered evaluations. The Court Mediator is committed to the principle that parents should retain responsibility for child rearing and should not abdicate this authority to the Court. Consequently, extraordinary efforts are expended to assist parents in resolving differences and in formulating a parenting plan that is in the best interest of the child(ren). Mediation provides a framework within which parents can make their own decisions regarding the lives of their child(ren). Parties are encouraged to resolve disputes by using all available resources, including mediation in the private sector. If any parenting issues remain unresolved, Court-ordered mediation is required prior to a contested hearing. When an order to show cause or notice of motion places child custody and/or visitation at issue, the parties will be ordered to participate in mediation. A subsequent court date will be set for submission of the Mediator's report. Pending the outcome of mediation, the Court may make necessary interim orders for the safety of the parties as well as for custody and visitation. The Mediator may assist the Court in mediating interim custody and visitation orders. 2. Procedures Following Mediation. a. Agreement Reached. In those cases where mediation results in an agreement, the Mediator will report the agreement in written form to the Court, which may adopt the agreement and make it an order. b. No Agreement, And Physical Custody an Issue. When mediation does not achieve full agreement and physical custody continues to be an issue, the Mediator may recommend that a Family Code §3111 custody evaluation be performed. c. Contested Hearing. Should the parties, with the assistance of counsel if represented, be unable to settle the dispute on the basis of the mediation, then a hearing date for trial on contested custody and/or visitation issues may be set at the discretion of the Court, or an evaluation pursuant to Family Code §3111 may be ordered. 3. Custody and/or Visitation Issues Filed Under the Domestic Violence Act. a. Separate Mediation Sessions. In any proceeding for which mediation is required and there is a history of domestic violence between the parties, or when a protective order as defined in Family Code §6218 is in effect, then at the request of the party who alleges domestic violence or who is protected by the order, the appointed Mediator will meet with the parties individually, and at separate times. b. Conducting the Mediation. If the parties agree to meet jointly rather than individually with the Mediator, then during the mediation a support person may accompany any party who is protected by a restraining order. However, the Mediator may exclude a support person from a session if that person disrupts the process of mediation. 4. Extended Mediation; Review. a. Subsequent Mediation. If the parties’ desire subsequent session with the Mediator and the Mediator agrees, the parties may be seen again. b. Review. If the parties and the Mediator agree, a case may be set for review, usually within six (6) months, to determine if additional mediation will be needed. Should the parties continue to have a dispute; the Mediator will report this to the Court on the calendared review date. The Court may then order the parties back to mediation, order a recommendation from the mediator at a later date, or order a §3111 evaluation. 5. Participation of Attorneys in the Mediation Procedure; Non-Resident Participants. a. Meet and Confer Requirement. Prior to setting an appointment for mediation, counsel should "meet and confer", by telephone if not in person, in an effort to resolve child custody and visitation disputes. b. Participation of Counsel in Mediation. Attorneys do not attend the mediation sessions. c. Client Preparation. Attorneys are advised to prepare clients to participate in mediation in an open, responsive, and receptive manner. Clients should be advised that the focus of mediation is on the present and future (not the past), and they should come to mediation with proposals regarding residence, time-share, education, child care, transportation, holidays, vacations, special needs of the child(ren) and decision-making responsibilities. d. Nonresident Participants. If one of the parties to the mediation is not a resident of Modoc County or is not available for any other reason (which may include incarceration), the party may request a telephonic session with the Mediator. At the sole discretion of the Mediator, the personal presence of the requesting party at mediation may be excused; however, the mediation will be scheduled and will go forward as in all other matters. Generally, mediation will be conducted only during business hours, and a non-resident party must be prepared to make him or herself available during business hours for any telephone mediation approved by the Mediator. 6. Required Disclosures; Testimony by a Mediator. a. The Mediator may make suggestions and discuss options with parents and counsel, and may report or recommend to the Court. If it is alleged that a child is "at risk" by virtue of abuse or neglect, the Mediator is required by law to report that allegation to Children's Services. A Mediator must also disclose the existence of threats of death or bodily harm (Tarasoff vs. Board of Regents, 17 Cal.3d 425). 1. The Mediator may be cross-examined, and the Mediator may make recommendations to the Court during testimony. A party desiring to have the Mediator testify must subpoena the Mediator for the scheduled hearing. 7. Involvement of Children in the Process. a. It is the general position of this Court that attorneys representing the parents should not interview the child(ren) involved in the proceeding, and should not interview or elicit information from a child's therapist, except upon the Court’s order. b. Absent extraordinary circumstances, a judge of this Court will not interview any child who is the subject of a custody or visitation dispute. c. Children must not be brought to mediation sessions. If parents or counsel wish a child to be seen, their reasons should be discussed with the Mediator. In mediation proceedings, the Mediator is entitled to interview a subject child where the Mediator considers the interview appropriate or necessary pursuant to Family Code Section 3180. 8. Court-Appointed Counsel for the Child. Family Code §3150 provides that counsel may be appointed to represent the child in custody/visitation cases, and will have all rights provided by this section if the Court finds that to be in the child’s best interest. Section 3114 provides that the Mediator may recommend to the Court that counsel be appointed to represent a minor child. In making this recommendation, the Mediator will inform the Court why it would be in the best interest of the child. When the Court appoints counsel for the minor, counsel may expect to receive a reasonable sum for compensation and expenses. On the motion of any party, or the Court, the Court will determine both parties' ability to pay for such counsel. 9. Disputed Paternity. If paternity is disputed, the Court need not resolve the issue prior to mediation. Mediation will not be denied to the parties on the basis that paternity is an issue in the proceeding before the Court (Family Code §3172). The Court may make a pendente lite order granting visitation to a non-custodial parent absent the tests authorized by Evidence Code §621, upon finding that a grant of such visitation rights would be in the best interests of the child. 10. Non-English-Speaking Parents. The Court Mediator does not provide interpreters. A neutral individual who is fluent in both English and the party’s native language must accompany a non-English-speaking parent, or the mediation may not go forward in the discretion of the Mediator. The Mediator must agree to any proposed interpreter. 11. Disclosure of Juvenile Court Proceedings. Neither counsel nor parties may bring an action for custody or visitation in the Family Law Department without disclosing to the Court the status of any prior or pending Juvenile Court proceedings. (Comment: prior consideration by a Family Law Court of the custody of a minor cannot deprive the Juvenile Court of jurisdiction to make orders to protect the minor, In Re Benjamin D.(1991) 227 Cal.App.3d 1464). 12. Investigation by Adult and Children's Services. When an investigation by Children’s Services (or the equivalent agency in another jurisdiction) is pending, this fact must be made known to the Court. No permanent custody order will be made until the agency’s investigation is completed and the findings are made known to the Court. If a family was previously involved with Children's Services (or an equivalent agency in another jurisdiction), the disposition of that investigation or the nature of the agency’s involvement must be disclosed to the Court if that information is available. 13. Medical, Psychological, or Educational Reports. Medical, psychological, educational or other types of reports concerning a child must not be attached to motions, but must be provided to the Court or Mediator as may be ordered. Information not provided to the Mediator that is intended by a party to be filed with the Court must be served on the other party or parties in accordance with applicable provisions of law and the Local Rules, but in no event fewer than (5) five days before a scheduled hearing. (Exception: said reports must be provided directly to the Mediator when so ordered by the Court.) B. Specific Procedures. 1. Ex Parte Applications. No party who is participating in mediation or an evaluation may submit an ex parte application to the Court regarding custody and/or visitation without first notifying the Mediator of such application prior to filing it. 2. Substitution of Attorney/Change of Address. When a case is in mediation or evaluation, counsel must send a copy of any filed substitution in or out of the case to the Court Mediator. Counsel and unrepresented parties must also advise the Mediator of any relevant changes of address or telephone number. 3. Settlement or Dismissal of the Action. If a case that is in mediation or evaluation is settled or dismissed, counsel or a self-represented party must provide a copy of the filed stipulation, order, or dismissal disposing of the case, to the Court Mediator. 4. Evaluator’s Questionnaire and Format of Documents. The court-appointed evaluator may require parties who are participating in a Family Code §3111 evaluation to complete a questionnaire. Additionally, parties may submit documents to the evaluator. Questionnaires and documents cannot be bound. Documents must be 8-1/2 by 11 inches in size. Odd-sized documents must be mounted on an 8-1/2 x 11-inch page. Documents must be one-sided only. All photographs submitted to the Mediator must be photocopied on 8–1/2 x 11-inch white paper with the following information typed or written below each photograph: the date and location at which the photograph was taken, by whom it was taken, and a short summary of what the photograph depicts. 5. Grievance Policy and Peremptory Challenge Policy. a. The procedure outlined herein is intended to respond to general problems relating to mediation and to requests for a change of Mediator pursuant to Family Code §3163. b. Anyone with a complaint about his or her experience with the Mediator is encouraged to first raise that concern with the Mediator and to seek direct resolution of the problem. c. No peremptory challenges of the Mediator will be permitted. 6. Inquiries Concerning Mediation and Evaluations; Availability of Local Court Rules. When the Mediator receives an inquiry regarding the policies and procedures relating to mediation or evaluations, the Mediator will inform the inquiring individual of the policies and procedures provided by these Local Rules of Court. The Mediator will maintain a copy of these Rules for public reference. C. Family Code §3111 Evaluations. 1. No Agreement and Physical Custody an Issue. When mediation does not achieve full agreement and physical custody continues to be an issue, the Mediator may recommend that a Family Code §3111 custody evaluation be performed. 2. Physical Custody Evaluations: Family Code Section 3111 Procedures. a. In General. The Court may order a Family Code §3111 evaluation whenever the parties are unable to agree upon a physical custody plan for their child(ren). An evaluation is an assessment of the child(ren), their needs, and the ability of each parent to meet those needs. An evaluator will gather relevant information and prepare a report for the Court that may recommend a physical custody plan. Pending the results of the evaluation, the Court may make temporary custody and/or visitation orders. b. Section 3111 Evaluation. A Family Code §3111 evaluation involves separate in-office (or in some cases telephonic) interviews by the evaluator with the parents, an opportunity for the parents to submit written documents to the evaluator, and the evaluator’s personal or telephone contact with whomever the evaluator deems appropriate. Whenever possible, a §3111 evaluation will include interviews of both parents, unless a parent has refused to participate or is not available. A §3111 evaluation may also involve interviews with the child(ren) if the evaluator deems such interviews to be appropriate. In addition, the evaluator may perform (or arrange) a home study of each parent’s residence. There may be follow-up interviews with the parents and/or child(ren) as more information is gathered. All specific allegations will be addressed individually in the written report. c. Cost of Evaluation. Responsibility for payment of the costs associated with evaluations must be determined, and all fees paid, prior to commencement of the evaluation. The Court will order payment according to the Court’s assessment of ability to pay. Generally, fees are not waived for these evaluations. The evaluation does not begin until the fees are paid in whole. d. Evaluator’s Report. At the conclusion of an evaluation, the evaluator will submit a written report and recommendation to the Court, along with all documents that have been provided. The evaluator will distribute copies of §3111 reports to the Court, to counsel, and to self-represented parties. The reports will not be distributed to the minor child(ren). The original report will be maintained in the Court's file under seal, accessible only to the attorneys for the parties in the proceeding, or to self-represented parties themselves. e. Evaluator’s Interview of Children. When an evaluator conducts an interview with a subject child during a §3111 evaluation, the evaluator will explain to the child that there is no confidentiality of the proceedings as between the parties, their attorneys, the minor child, the evaluator and the Court, but that the report of the evaluator will be maintained under seal in the Court's file. f. The evaluator’s interview of a child may be conducted either privately or in the presence of a parent, at the evaluator’s discretion. Siblings may be interviewed together or separately, also at the evaluator’s discretion. (Rule 13.05 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.06 Contested Trials: A. Requirement: Resolution of Custody and Visitation Issues before Trial of Other Issues. Orders resolving custody and visitation issues in any pending action must be obtained before any remaining issues will be set for trial except where the Court, for good cause shown, excuses compliance with this requirement. The procedure for resolving custody and visitation issues is as follows: 1. Parties with a custody and/or visitation dispute must first attempt to mediate the dispute through the Court Mediator. At any settlement or other pre-trial conference held pursuant to the filing of an at-issue memorandum, the Court may order participation in mediation pursuant to these Rules, and in such case the Court will calendar the matter for a further conference on a date after the anticipated return of the Mediator’s report on the outcome of the ordered mediation. Ordinarily, the matter will not be set for trial prior to the Court’s receipt of the Mediator’s report. 2. If mediation fails in whole or in part to resolve the parties' dispute, the Court may make a temporary order concerning custody and visitation, and may order an evaluation or recommendation by the Mediator pursuant to Local Rule 13.05.A. 3. When the Court orders an evaluation, the evaluator will issue a written report, after which, if necessary, a trial of the disputed custody and visitation issues will be conducted. Except for good cause shown, no trial date will be calendared until the evaluation has been completed and the report filed. 4. Where mediation has failed and the Court has not ordered an evaluation, counsel for the parties, or unrepresented parties, must meet and confer, and must attempt to stipulate to a Judgment or Order resolving all contested custody and visitation disputes. If the Mediator reports that the parties have failed to resolve outstanding custody and visitation disputes, a party may bring a motion to set these issues for trial. The contested custody and visitation issues must be tried prior to the filing of an at-issue memorandum setting other issues for trial. B. Custody Agreements. If the parties agree on terms for custody and visitation of a minor child or children, they must file, not less than three (3) court days before the hearing or trial, a signed written agreement setting forth in detail its terms. C. Family Law Case Management. 1. Purpose of Rule. The Court has implemented case management procedures in order to promote the prompt disposition of family law actions, and to reduce the stress and cost of family law litigation by offering status reviews, early resolution of issues, and opportunities to settle. 2. Case Management Conferences. The Clerk of the Court will issue a notice for a calendared case management conference in all cases at the filing of the initial petition. The petitioner is responsible for serving a copy of the Notice of case Management Conference on other litigants, and providing the Court with a proof of service of it. 3. Further Case Management Conferences. At the case management conference, the Court may set further case management conferences and may consider other case management options pursuant to Family Code §2451. 4. The Court in family Law cases does not require the California Judicial Council form “Case Management Conference Questionnaire”. D. Trials and Settlement Conferences. 1. Purpose of Rule; Duties of Counsel. The purpose of this Rule is to ensure that contested Family Law actions are thoroughly prepared and expeditiously tried, and to avoid use of the trial itself as a vehicle for pretrial, deposition, discovery, and settlement procedures. The Court encourages counsel and unrepresented parties to confer with one another, in good faith, prior to the settlement conference, with the mutual goal of resolving issues whenever feasible and of delineating those issues which remain be resolved by the Court. 2. Relief from Rules; Sanctions for Non-Compliance. Relief from the operation of these Rules relating to contested trials may be obtained in appropriate cases, but only on motion and for good cause shown. Either side may move to strike the at-issue memorandum, the trial documents, or the statement of issues, upon the ground that such document was not prepared and filed in good faith but, instead, is being utilized as a means of avoiding the operation of these Rules. Sanctions against the offending side may be ordered as permitted by law. (CRC Rule 2.30; CCP §575.2.) 3. Compliance with Other Rules. Filing of the statements referred to in these Rules will be deemed to comply with all California Rules of Court, or other Local Rules, that might require filing of a pre-trial statement or settlement conference statement. a. The Court will set the date and time for trial and the Court Clerk will certify mailing of notice to the parties, or to counsel if represented. With the trial setting, the Court, in its discretion or if requested by either party, will set a mandatory settlement conference prior to the trial date. 4. Settlement Conference. Counsel and the parties must personally appear for a mandatory settlement conference. Counsel and the parties must participate in good faith in the settlement conference. 5. Statement of Issues, Contentions, and Proposed Disposition of the Case. When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues” or “settlement statement”) at least twenty (20) days prior to the trial date or at least ten (10) days prior to the settlement conference if one is set. Failure by both sides to do so will result in the matter being dropped from the settlement conference calendar or trial calendar. Failure by one party to file a statement of issues as required will permit the complying party to vacate the trial or continue the cause, and may result in the imposition of monetary sanctions to the extent permitted by law. The statement of issues required by this Rule must cover all contested matters to be raised at trial, including, without limitation, a concise statement of all contested legal and factual issues or matters, the relative positions of the parties as to contested issues (along with the legal and factual basis therefore), and the proposal of the party for resolution of each contested issue by the Court. 6. Trial Brief. Trial briefs are not required. If utilized, however, a trial brief must be served and filed no later than five (5) court days prior to the trial. 7. List of Exhibits. A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial. At least five (5) days prior to trial, the parties must exchange legible copies of any and all exhibits that each party reasonably anticipates will be introduced at trial. Only disclosed exhibits may be offered at trial, except for good cause shown. See Rule 3.02.C regarding the duty of parties to have their exhibits pre-marked. E. Guidelines Applicable to the Evaluation of the Community’s Personal Property. 1. Motor Vehicles. If there is a dispute as to the value of a motor vehicle, the value generally will be fixed at the mid-point between the high and low value shown in Kelley's Blue Book, unless the circumstances show that a different valuation should be made. Counsel should attempt to agree on the value of a vehicle in advance of trial. Copies of the appropriate pages of the Blue Book (or Web pages) relied upon by counsel must be attached to the trial statement or response thereto. 2. Furniture, Furnishings and Tools. With regard to valuation of normal furniture, furnishings, and tools, the age of the items is much more important than initial purchase price or the replacement cost. The test is the fair market value of the items as of the date of trial. (Note: in general, used furniture has a low value on the open market). 3. Unusual Items. When there are subject assets of an unusual nature such as oriental rugs, antiques, custom or rare jewelry, works of art, and handcrafted items, then the parties should endeavor to agree upon a qualified appraiser for such items, and to agree and stipulate that the report of the appraiser will be admitted into evidence without the necessity of the appraiser’s personal appearance at trial. F. Alternate Valuation Date (Date Other than Trial). A party who seeks a valuation date for community property that is not the date of trial must serve and file, not less than thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date. G. Continuance of Trial. Continuances of trial dates are subject to the Local Civil Rules relating to the continuances of civil trials. Any continuance so granted may be subject to rescheduling by the Court of any settlement or other pre-trial conference, and to the requirement of an updated statement of issues and contentions, to be filed and served prior to the new trial date in accordance with these Rules. (Rule 13.06 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.07 Judgments by Default and Uncontested Dissolutions: A. Default Judgments. 1. In General. To obtain a default judgment of dissolution, of legal separation [Family Code §2336], or for nullity [Family Code §2211], the petitioner must file a request to enter default, accompanied by the original summons and a completed proof of service of the summons (if not previously filed). When the Court’s file contains evidence of proper service of the summons, and no responsive pleadings have been filed within the allotted time to respond, the Clerk of the Court will enter the respondent's default. 2. Special Requirements: Default Judgment for Dissolution or Legal Separation. After default of the respondent has been entered, the petitioner must file a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation. A party may not request orders in the judgment beyond the relief requested in the petition, except that if there are minor children, the Court will have and retain jurisdiction to order child support whether or not it was so requested. [Family Code §4001.] 3. Special Requirements: Default Judgments for Child Custody, Visitation, or Support. When a child custody, visitation, or support order is requested in a default proceeding, the moving party must state on the declaration for default, or on attachments thereto, the following: a. Date of parties' separation; b. Custodial arrangement since separation; c. Extent of contact between the child(ren) and the non-custodial parent; d. If the moving party seeks to deny visitation to the defaulting party, a statement of the reasons; e. The amount of child support sought, the basis for the amount sought, and, if available, the computer print-out of the guideline support proposed; f. If the moving party seeks to waive child support, or to reserve that issue, then that party’s reasons for such must be set forth. g. If child support has been ordered in another Superior Court proceeding, then the moving party must disclose that fact to the Court, and must state the case number of the other proceeding, if known. 4. Income and Expense Declaration. A fully-completed form income and expense declaration must be submitted where any one of the following orders is requested in a default proceeding: child support or waiver of child support, spousal support (except where a party reserves the Court's jurisdiction to award spousal support in the future), waiver or termination of spousal support in a long-term marriage (ten (10) years or more between the date of marriage and the date of separation), family support, or attorney's fees or costs. The declaration shall include the submitting party's best estimate of the other party's income. 5. Property Declaration. If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration that proposes the division of said assets and/or debts, as well as proof of service of the disclosure declaration. (Family Code §2106.) B. Form of the Proposed Default Judgment. The party requesting a default judgment, or the party’s attorney, must prepare the formal judgment. All proposed provisions relating to child custody, visitation, child support, attorney's fees and costs, property, and injunctive orders must be set forth in the formal judgment, either by attaching and incorporating a copy of the parties’ marital settlement agreement addressing these issues, or by attaching continuation pages containing the orders the party has requested. 1. Child Support Orders Where Custodial Parent Is Receiving Temporary Assistance to Needy Families. When a party wishes to obtain a child support order by default and the custodial parent receives Temporary Assistance to Needy Families (“TANF”), the designated child support agency must be served by mail with notice of the request. All such orders for child support must specify that payments will be made to the designated support agency. 2. Spousal Support Orders. The petitioner must address the issue of spousal support for both parties in the proposed judgment. The petitioner may request that spousal support be ordered for either party, that the Court terminate its jurisdiction to award spousal support to either or both parties, or that the Court reserve jurisdiction to award spousal support in the future to either or both parties. All orders for spousal support must state the amount of support, the dates payable, and, unless there is an agreement to the contrary, that support will terminate on the death of either party or on remarriage of the supported party. A marriage of ten (10) or more years is presumptively a long-term marriage. In a long-term marriage, the petitioner may not automatically waive the right to receive spousal support, or terminate the respondent's right, absent a showing of an ability of the party to support him or herself. The petitioner must complete and file an Income and Expense Declaration listing both parties’ incomes. (Comment: If spousal support is not requested in the petition, the Court may not have jurisdiction to make orders regarding such support, and the right of the requesting party to seek a spousal support may then be terminated.) 3. Property Orders. All real property referred to in the judgment must be identified therein by its complete legal description and common address. 4. Attorney's Fee Orders. Any request for an award of attorney's fees in an amount greater than $750.00 must be supported by a factual declaration indicating the amount of time the attorney spent on the case and the attorney's hourly rate. Alternatively, the matter may be set for a contested hearing on this issue. 5. Restraining Orders. Any and all restraining orders must be stated in the body of the judgment and must include the date of expiration. 6. Termination of Marital Status. The marital status for all dissolutions will terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent (or the next court day where said date falls on a court holiday or weekend). If a judgment is not presented for the Court’s approval until after the six months has lapsed, marital status will terminate on the date that the Court signs the judgment. In this instance, the petitioner may leave the termination date blank on the proposed judgment. (Note: proposed judgments for legal separation must not state a termination date.) 7. Notice of Entry of Judgment. The petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the form “Notice of Entry of Judgment”. The petitioner must also submit two (2) first-class postage prepaid envelopes, addressed to the parties as listed on the notice of entry of judgment. (Rule 13.07 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.08 Uncontested Judgments Pursuant to Stipulation: A. Approval or Incorporation of Property Settlement Agreement. No property settlement agreement will be approved by the Court or incorporated by reference in an uncontested judgment unless all of the following requirements are satisfied: 1. Agreement. The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, and provides that the agreement may be presented for Court approval and incorporation, or both parties and their respective attorneys, if any, have endorsed their approval of the agreement on the stipulation for judgment. 2. Signature by Counsel; Acknowledgment of Party if Self-Represented. a. If both parties are represented by counsel, the agreement has been signed by both attorneys; b. If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding the agreement, but has declined to do so; c. If neither party is represented by counsel, any party who has not appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney. 3. Service of Disclosure Declarations. Proofs of service of the disclosure declarations required by Family Code §2105 have been filed. B. Notice of Entry of Judgment. The moving party must submit, together with the proposed judgment and any forms required above, an original and two (2) copies of the form “Notice of Entry of Judgment”. Petitioner must also submit two (2) first-class envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of judgment. Rule 13.08 adopted effective January 1, 2011.) 13.09 General Procedure for Default and Uncontested Cases Pursuant to Family Code Section 2336: A. Submission to the Court. 1. Normal Procedure. The Clerk of the Court will submit requests for entry of a default or uncontested judgment of dissolution, legal separation, or nullity to the judicial officer after receipt. Thereafter, the judicial officer will do one of the following: a. Sign the proposed judgment; b. Return the documents to the party with a request for correction or additional information; or c. If the case presents issues on which a record should be made, set the matter for hearing. The moving party will be notified in cases where a hearing is required. B. Default and Uncontested Status-Only Judgments; Bifurcation by Notice of Motion. Pursuant to Stipulation or Default. A "status-only" judgment (sometimes referred to as a “bifurcated” judgment) may be granted pursuant to stipulation or default. Where the Court has entered a default pursuant to Family Code §2336, the petitioner may request termination of the marital status by submitting an ex parte application and supporting declaration for bifurcation, along with the proposed judgment, three (3) notices of entry of judgment, and two (2) first-class mail, postage prepaid envelopes addressed to the parties as listed on the notice of entry of judgment. (Rule 13.09 amended effective January 1, 2015; adopted effective January 1, 2011.) 13.10 Family Law Facilitator: A. Appointment; Authority for Duties and Conduct. The Court has appointed a Family Law Facilitator pursuant to Family Code §10000, et seq., “The Family Law Facilitator Act”. The Court at no cost provides the Facilitator’s services to the parties. The Family Law Facilitator Act governs the Facilitator’s duties and conduct. B. Additional Duties. In addition to the services provided by the Family Law Facilitator pursuant to Family Code §10004, the Court designates the following additional duties prescribed by Family Code §10005, which may be implemented by the Court Facilitator at the direction of the Court Executive Officer, upon the Executive Officer’s determination that funding is available, without further notice: 1. Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to §10012 (actions in which one or both of the parties are not represented by counsel will have priority); 2. Drafting stipulations to include all issues agreed upon by the parties, which may include issues other than those specified in §10003; 3. If the parties are unable to resolve issues with the assistance of the family law facilitator, then prior to or at the hearing, and at the request of the Court, the Facilitator will review the paperwork, examine documents, prepare support schedules, and advise the Court as to whether or not the matter is ready to proceed; 4. Assisting the Court Clerk in maintaining records; 5. Preparing formal orders consistent with the Court's announced order in cases where both parties are self-represented; 6. Serving as a special master in proceedings, and making findings to the Court, unless the Facilitator has previously served as a Mediator in the case. 7. Providing the services specified in Division 15 (commencing with Family Code §10100); 8. Providing the services specified in Family Code §10004 concerning the issues of child custody and visitation as they relate to calculating child support. C. Further Additional Duties. If staff and other resources are available, and the duties listed in subdivision 14.10.B have been accomplished, the duties of the Family Law Facilitator may also include the following: 1. Assisting the Court with research and any other responsibilities that will enable the Court to be responsive to the litigants' needs. 2. Developing programs for the Bar and community outreach through day and evening programs, videotapes, and other innovative means that will assist self-represented and financially disadvantaged litigants in gaining meaningful access to Family Court. These programs may include information concerning under-utilized legislation, such as expedited child support orders (Chapter 5, commencing with §3620, of Part 1 of Division 9), and pre-existing, Court-sponsored programs such as supervised visitation or the appointment of attorneys for children. D. Duties Beyond the Scope of Family Code §10000. To the extent that local court budget is provided for the purpose, the Family Law Facilitator may assist parties in matters not specifically designated in Family Code §10000, et seq., including but not limited to: dissolution of marriage, legal separation, nullity, matters arising out of the Domestic Violence Prevention Act, guardianship, stepparent and kinship adoption, name change, emancipation of minors, and civil harassment restraining orders. Additional types of service may be added at the direction of the local court administrator without further notice. E. Referral by the Court. If the Court determines that it would be of assistance to the parties in a Family Law proceeding, the Court may refer the parties to the Facilitator, and continue any hearing that may be pending. (Rule 13.10 amended effective January 1, 2015; adopted effective January 1, 2011.)
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.