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The scope - all family law matters (7.1); calendar assignments - dissolution and custody matters with at least one party represented by counsel calendared in the master family law department, the dates, times, departments and judicial assignments on the Court's website (7.2); proof of service filed no later than two (2) calendar days before the hearing (7.3); family law case management - the Notice of Family Law Case Management, mandatory case management conferences and the Family Law Case Management Conference Report filed and served at least five (5) calendar days before the conference (7.4); ex parte matters filed by 10:00 a.m., the Family Law Ex Parte Status Information page posted by 3:00 p.m. (7.5); the Master Family Law Calendar, heard on the first judicial day of each week - setting trials, matters taken off calendar and three (3) continuances by agreement upon payment of the continuance fee (7.6); hearings (7.7); settlement conferences, mandatory for long-cause matters (7.8); trial exhibits (7.9); child custody and visitation - mandatory orientation and mediation, the online orientation class scheduled by Family Court Services, non-recommending confidential mediation, subsequent mediation within one (1) year, complaints regarding mediators and appointed counsel for the child, and court-ordered child custody evaluations, with one peremptory challenge within five (5) court days (7.10); requirements in financial matters (7.11); the family law facilitator (7.12); the appointment of an elisor (7.13); the default procedure for NCDCSS standard enforcement orders (7.14); and automatic application and enrollment for Title IV-D services for new child support orders, and opt-out (7.15).
California > First Appellate District > Napa County > Superior Court of California, County of Napa
RULE 7: FAMILY LAW PROCEEDINGS 7.1 Scope Rule 7 pertains to all family law matters, including those related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, the Domestic Partnership Act, and guardianships of the person. (Effective 7/1/02; revised 7/1/11; revised 1/1/17) 7.2 Calendar Assignments Dissolution/custody matters in which at least one party is represented by counsel are calendared in the master family law department, separate from all other family law matters, including dissolution/custody matters in which both parties are self-represented. The dates, times, departments, and judicial assignments for these calendars may be found on the Court’s website at http://www.napa.courts.ca.gov. (Effective 7/1/11; revised 1/1/17) 7.3 Proof of Service Proof of timely service should be filed with the clerk no later than two (2) calendar days before the date set for hearing. Parties should retain a file-stamped copy of the proof of service to provide the Court in the event the original has not yet been placed in the Court file. (Effective 7/1/07; revised and renumbered 7/1/11; renumbered 1/1/17) 7.4 Family Law Case Management A. Policy. It is the policy of the Napa Superior Court that all family law cases initiated will be managed to expedite resolution of the case, reduce the cost of litigation, and focus on early settlement. These rules relating to the administration of family law actions apply to all actions for dissolution, nullity, legal separation of spouses in a marriage or partners in a domestic partnership, actions to establish parental relationship, and such other cases assigned to the program by the family law judge filed after January 1, 2007. (Effective 7/1/07; revised 7/1/08; revised and lettered 7/1/11) B. Forms to be Issued by Clerk Upon Filing of Petition. Upon the filing of a case subject to Family Law Case Management, the petitioner shall receive two (2) copies of the Notice of Family Law Case Management. This document provides the parties with notice of the date, time, and location of the Family Law Case Management Conference. It also highlights the dates by which the required documents should be filed and served. (Effective 7/1/07; revised 7/1/08; renumbered 1/1/11; revised and renumbered 7/1/11; revised 1/1/17) C. Service of Summons and Petition -- Forms to be Served on Other Party. The petitioner shall serve the following documents on the opposing party: 1. Summons, Petition, and, if applicable, petitioner’s completed Declaration Under Uniform Child Custody Jurisdiction Enforcement Act. 2. Notice of Family Law Case Management. (Effective 7/1/07; revised 7/1/08; renumbered 7/1/11; renumbered 1/1/17) D. Case Management Conferences. 1. Calendar. The first Family Law Case Management Conference will be held at least one year after the filing of the Petition by a petitioner represented by counsel, and at least one year after the filing of the Petition by a self-represented petitioner, unless a judgment resolving all issues has been entered prior to the Family Law Case Management Conference. Once a date has been set for a Family Law Case Management Conference, it cannot be changed without a showing of good cause. (Effective 7/1/07; revised 1/1/11; revised 1/1/17; revised 1/1/21) 2. Appearance Mandatory. Appearance at the Family Law Case Management Conference is mandatory. The case is subject to dismissal if both parties fail to appear at the Family Law Case Management Conference. (Effective 1/1/11; revised & renumbered 7/1/11; revised 1/1/21) 3. Service of Case Management Conference Report. Each represented party must file and serve a Family Law Case Management Conference Report (or jointly file one report) at least five (5) calendar days prior to the Family Law Case Management Conference. Represented parties shall use the Napa Superior Court’s mandatory Family Law Case Management Conference Report, a local form available on the Court’s website at http://www.napa.courts.ca.gov. Use of the local form is optional for unrepresented parties. (Effective 7/1/07; revised & relettered 7/1/08; revised 1/1/11; renumbered 7/1/11; revised 1/1/21) 4. Purpose. At the first Family Law Case Management Conference, the Court will review the status of the case, discovery plans, settlement options, alternative dispute resolution, and unresolved issues. The Court may also make further orders that the Court deems necessary, consistent with Family Code sections 2032(d) and 2450. (Effective 7/1/07; revised & relettered 7/1/08; revised 7/1/11; revised 1/1/17) (Subsection renumbered 7/1/08; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/17)\ (Section effective 7/1/07; revised 7/1/08; renumbered 7/1/11; renumbered 1/1/17) 7.5 Ex Parte Matters A. Filing/Scheduling. Ex parte applications involving matters within the scope of this rule must be filed at the civil division filing counter by 10:00 a.m. for a judicial decision to be issued the same day on the papers alone, or for the matter to be placed on calendar the following court day. No drop box filing is allowed. (Effective 7/1/11; revised 1/1/17) By 3:00 p.m. each court day a Family Law Ex Parte Status Information page will be posted on the Court’s website at http://www.napa.courts.ca.gov indicating, as to each matter filed by 10:00 a.m. that day, whether a decision has been made on the papers, or whether the matter will be placed on calendar for clarifying questions at 11:30 a.m. the following court day. (Effective 7/1/15; revised 1/24) B. Notice. To satisfy the requirement of filing a declaration of notice, the applicant may use or follow the format of the Declaration re Notice of Ex Parte Hearing, a local form available on the Court’s website at http://www.napa.courts.ca gov. (Effective 7/1/11; revised 7/1/15; revised 1/1/17) C. Orders. Orders issued on ex parte requests will be available for pick up from the civil division by 3:00 p.m. the day the orders are issued (Effective 7/1/15; revised 1/24) (Section renumbered 1/1/17) 7.6 Master Family Law Calendar The Master Family Law Calendar is heard on the first judicial day of each week for the purpose of setting substantive hearings, generally later in the same week. All parties to a case are expected to collectively meet and confer by no later than noon on the Court day preceding the Master Family Law Calendar to discuss: (1) whether the matter on calendar is ready to proceed to hearing or there will be a request or a stipulation to continue the matter in which case the parties should decide who will prepare and submit the stipulation pursuant to subdivisions (C) and (D) of this Rule; (2) the time estimate for matters that are ready to be heard; (4) the overlapping, mutual availability of all parties to participate in the hearing; and (5) a mutually-agreeable continuance date in the event the Court is unable to accommodate the matter for hearing that week. (Effective 1/1/24.) At the Master Family Law Calendar call, counsel or self-represented parties shall state their names, appearances, whether moving or responding, and an accurate time estimate for the hearing on the matter of issues not agreed upon, including preliminary statements, testimony, and closing comments. The Court will assign all matters to a department on a date and time certain within that calendar week subject to availability. Counsel and the parties must be prepared to proceed at the time of hearing. The Court will grant priority, where possible, to matters where special circumstances exist (e.g., out-of-town counsel or parties, witnesses under subpoena or present in court). At the calendar call, the Court will give preference to stipulations, requests for continuances, and uncontested matters. Matters set for hearing on the master calendar will be continued only in accordance with subsection D. A. Conflict With Other Court Appearance. Counsel are expected to arrange for coverage or to arrange continuances with the Court and all parties or counsel for parties in the event of calendar conflicts. (Effective 7/1/02; renumbered 7/1/07; renumbered 1/1/11; revised and renumbered 7/1/11) B. Setting Trials. After the filing of an At-Issue Memorandum & Certificate of Readiness, the Court will place the matter on the master calendar for setting of trial. The mandatory local form is available on the Court’s website at http://www.napa.courts.ca.gov. The Court will provide notice to the parties. (Effective 7/1/11; revised 7/1/17) C. Matters Taken Off Calendar. After service of the moving papers, no matter shall be taken off calendar without stipulation or notice to the responding party or attorney and the Court. The moving parties or their attorneys must notify the civil division immediately by telephone in the event the matter will not proceed to hearing. This notification should be followed by a written transmittal signed by the party and/or the attorney confirming that the matter is to be taken off calendar with a copy to opposing counsel or the party. (Effective 7/1/02; renumbered 7/1/07; renumbered 1/1/11; renumbered 7/1/11) D. Continuances. After service, three (3) continuances, not counting those needed for further child custody and visitation mediation, may be obtained by agreement upon payment of the continuance fee. Additional continuances may not be by stipulation but only by appearance and order of the Court upon a showing of good cause. (Effective 7/1/02; revised and renumbered 7/1/07; revised 7/1/08; renumbered 1/1/11; revised and renumbered 7/1/11) 1. Stipulations. If a written stipulation for a continuance and fee is received by 1:00 p.m. one (1) court day before the Master Family Law Calendar, the court date will be continued by the Court in accordance with the stipulation and no appearances are necessary at the Master Family Law Calendar. (Effective 7/1/11; revised 1/1/13) 2. Special Set Hearings. No continuances will be granted for those matters specially set. Rather, the parties must drop and re-file the matter. If the matter has settled, the parties must appear in court and announce the stipulation on the record or provide the court with a written stipulation. 3. Special Set Long Cause (More Than One Day) Hearings. Continuances shall only be granted upon a showing of good cause upon a properly noticed motion to continue. 4. Fees. If a stipulation is filed, both parties shall split the continuance fee unless otherwise agreed. If one side requests a continuance, the requesting party pays the continuance fee. There is no fee if the continuance is for further child custody and visitation mediation or if minor’s counsel requests the continuance. There is no fee for a party who has been granted a fee waiver. 5. Use of Form FL-6. Parties are encouraged to use FL-6, Family Law Stipulation and Order, to facilitate compliance with this rule. The optional local form is available on the Court’s website at http://www.napa.courts.ca.gov. (Effective 1/1/20) (All sections/subsections without parenthetical history effective 7/1/11; section renumbered 1/1/17) 7.7 Hearings - General A. Presence of Parties and Attorneys. If a party or attorney cannot appear because of illness, extreme economic hardship, or other good cause, that party or attorney must immediately contact the other party and every reasonable effort shall be made to continue the hearing. In the absence of a negotiated continuance or settlement, the party must file a declaration detailing the communication or attempted negotiations with the other party and a request for a reasonable continuance. (Revised 1/1/17; revised 7/1/20) B. Failure to Appear. Failure of the moving party or attorney to be present at the calendar call or to have informed the clerk of their presence shall result in the matter being removed from the calendar, and if the responding party has appeared, attorney fees and costs may be awarded to the appearing party. In the event the responding party fails to appear, the Court may continue the matter and award attorney fees or enter an order on the pleading and testimony of the moving party. (Revised 7/1/20) C. Tardiness. If for any reason an attorney or party is unable to be present at the time of the calendar call, the Court and opposing party must be notified immediately by telephone of the reasons for, and the extent of, such delay. D. Calling the Case. At the hearing, the moving party or the moving party’s attorney will be asked to state the issues. The responding party will be asked to concur in moving party’s statement of issues and to state any additional issues. Attorneys are expected to be thoroughly prepared to answer the questions of the Court concerning the facts of the case and cite applicable statutory and case law if an unusual or contested point of law is involved. Live testimony will be received or disallowed in accordance with Family Code section 217. (Subsection relettered 1/1/17) (Section/all subsections effective 7/1/02 and revised 7/1/06 and 7/1/08; section renumbered 1/1/11; revised 7/1/11; subsection deleted 1/1/17; section renumbered 1/1/17) 7.8 Settlement Conferences A. Mandatory Settlement Conferences. All long-cause matters (estimated to take more than one day) shall be set for a mandatory Settlement Conference. (Effective 1/1/11) B. Voluntary Settlement Conferences. A Settlement Conference may be held upon request of both parties and with the approval of the Court. The Settlement Conference shall be calendared on the Master Family Law Calendar, either by motion or upon request of both counsel at the Family Law Case Management Conference. The Settlement Conference will be assigned to a department on a date and time certain within that calendar week subject to availability. Each party and the attorney for each party must personally attend the Settlement Conference unless specifically excused by the Court. A voluntary Settlement Conference should not be calendared until the case is adequately prepared and ready for a meaningful Settlement Conference. (Effective 7/1/02; revised and renumbered 1/1/11; revised and renumbered 7/1/11) C. Discovery. Discovery must be completed not later than five (5) court days prior to the Settlement Conference, except upon order of Court for good cause. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/16) D. Meet and Confer Requirement. The parties or their attorneys must meet and confer in good faith, in person or telephonically, no later than two (2) court days before the Settlement Conference in an attempt to resolve issues, stipulate to facts, and delineate the issues remaining for resolution at the Settlement Conference. (Effective 7/1/11; renumbered 1/1/16) E. Settlement Conference Statements. 1. Time Requirements. At least two (2) court days before the Master Family Law Calendar from which the Settlement Conference is to be assigned, or at least five (5) calendar days before a specially set Settlement Conference, each party must prepare, lodge with the Court, and serve on the other party a Settlement Conference Statement as set forth below. If service is by mail, an additional five (5) calendar days’ notice is required. (Effective 7/1/02; revised and renumbered 1/1/07; renumbered 1/1/11; revised and renumbered 7/1/11) 2. Contents. a. Caption. The caption shall contain the time and Master Family Law Calendar date and trial date if set. (Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; revised and renumbered 7/1/11) b. Income and Expenses. In all cases where support or attorney fees is in issue, a current Judicial Council Income and Expense Declaration shall be prepared, signed, and dated. In addition, all income and other financial information as required by Local Rule 7.11 shall be attached. (Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; revised 1/1/17) c. Assets & Liabilities. In all cases where property issues (characterization, division, and/or valuation) are unresolved, each party must prepare a comprehensive inventory of all assets (real and personal) and liabilities claimed by the parties to be community property and/or community debt. This inventory can either be typed on applicable Judicial Council forms, or may be prepared in any form which contains substantially the same information as set forth on the Judicial Council forms. The parties must attach to their Settlement Conference Statements copies of the completed inventory assets and liabilities forms indicating their claim to values and proposal for division of the property. In all cases where the characterization of real or personal property of the parties (whether community or separate) or reimbursement for contributions to the community from a separate property source is in issue, the parties must set forth all of the facts upon which their claims are based and cite appropriate legal authorities for each of those claims. (Effective 7/1/02; revised 1/1/07; renumbered 1/1/11; renumbered 7/1/11) d. Contentions About Child and Spousal Support. Both parties shall specify their contentions as to the amount of child support and amount and duration of spousal support. Include calculations showing guideline child support. If any child is a recipient of public assistance, and the Department of Child Support Services is the assignee of the support, the statement shall show that the Department of Child Support Services has been notified of the time and date of the Settlement Conference and provided copies of all pertinent, current financial documents (i.e., Income and Expense Declarations, support calculations, etc.). (Effective 7/1/11) e. Contentions About Attorney Fees, Accountant Fees, Expert Fees, and Costs. Both parties shall include in their statement their position regarding requests for attorney and accountant fees, other expert fees, and court costs. Where appropriate, such requests shall be supported by adequate documentation. (Effective 7/1/11) (Relettered 1/1/16) (Section renumbered 1/1/17) 7.9 Trial Exhibits See Local Rule 6.5, “Trial Procedures”. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/17) 7.10 Child Custody and Visitation A. Mediation. 1. Mandatory Mediation. Every Request for Order or motion concerning custody and visitation shall include the following order: “The parties are ordered to attend orientation and mediation prior to the court hearing.” (Effective 1/1/99; renumbered 1/1/11; revised and renumbered 7/1/11; revised 7/1/12; revised 1/1/13; revised 1/1/17) 2. Orientation Class. Prior to child custody/visitation mediation, each party is ordered to complete an online orientation class scheduled by Family Court Services. Only those parties who completed the orientation within five (5) years prior to the mediation session are exempt from attending this orientation. (Effective 7/1/11; revised 1/1/17) 3. Attendance and Participation of Parties. The Court may sanction any party who fails to attend orientation or mediation. Sanctions may include, but are not limited to, monetary fines, denial of relief sought, dismissal of the Request for Order or motion, entry of substantive orders, or contempt. (Effective 7/1/11; revised 7/1/12) 4. Non-Recommending Confidential Mediation. The Napa Superior Court utilizes non-recommending confidential mediation, subject to recommendation exceptions permitted by law. (Effective 7/1/11; revised 1/1/17) 5. Attendance and Participation of Interpreters in Mediation. A neutral person who is fluent in both English and the party’s native language may interpret for a party in mediation if there is no mediator available to conduct the mediation in that party’s native language. Individuals who serve in this capacity will be required to sign a confidentiality agreement. In no case may a minor child of the parties serve as an interpreter. (Effective 7/1/11; renumbered 1/1/17) 6. Agreement of the Parties. If an agreement is reached in mediation, the mediator will prepare a written agreement. Parties will approve the agreement before leaving the mediation session. Attorneys will have an opportunity to review and approve, or disapprove, the agreement. If the agreement is approved by the parties’ attorneys, or if no objection is received within 10 days of sending the agreement to the attorney or attorneys of record, the agreement will be presented to the Court for approval and will become a court order once signed by the Court. (Effective 7/1/11; renumbered 1/1/17; revised 1/1/21, 1/1/24.) 7. Same-Day Mediation. Where the Court determines that there is an urgent need for mediation, the parties may be referred for same-day mediation. These sessions are limited in time and focus on the single issue identified by the Court. (Effective 7/1/11; renumbered 1/1/17) 8. Subsequent Mediation. Without first filing a Request for Order or a motion, parties may return to mediation within one (1) year of the date of the original mediation referral if both parties are willing to participate. a. Each party must contact Family Court Services to schedule a date and time for the mediation, and file a Stipulation for Subsequent Mediation. The mandatory local form is available on the Court’s website at http://www.napa.courts.ca.gov. b. The Court or Family Court Services, in its discretion, may waive mediation if a Request for Order or a motion is filed following an unsuccessful subsequent mediation. (Effective 7/1/11; revised 7/1/12; revised 7/1/16; revised and renumbered 1/1/17; revised 7/1/17) 9. Mediation Complaints and Requests for New Mediator. Complaints regarding a mediator are handled as follows: Complainant shall complete a form provided by Family Court Services and mail or deliver it to the Court Executive Officer. The Court Executive Officer or that officer’s designee ("investigator") will conduct an investigation of the matter including consultation with the mediator(s) assigned to the case. Within 15 days, the investigator will determine whether to replace the challenged mediator, add a second mediator to the case, or take no action. The date and action will be recorded by the investigator and the complainant will be informed promptly in writing. The investigator’s decision is final. (Effective 7/1/11; revised 7/1/13; renumbered 1/1/17; revised 7/1/20) B. Complaints Regarding Appointed Counsel for the Child Complaints regarding the conduct of or procedures employed by counsel for minor children appointed by the Court are handled as follows: Complainant shall complete a form provided by Family Court Services and mail or deliver it to the Court Executive Officer. A copy of the complaint must be provided to all parties. The Court Executive Officer or that officer’s designee (“investigator”) will conduct an investigation of the matter including consultation with the minor’s counsel assigned to the case. Within 15 days, the investigator will determine whether to replace the challenged minor’s counsel or take no action. The date and action will be recorded by the investigator and minor’s counsel, the complainant, and all (other) parties will be informed promptly in writing. The investigator’s decision is final. (Effective 1/1/99; revised and renumbered 1/1/11; revised and renumbered 7/1/11; revised 1/1/23; revised 1/1/25) C. Court-Ordered Child Custody Evaluations 1. Peremptory Challenges. The parties and minor’s counsel are each permitted one peremptory challenge to a child custody evaluator appointed by the Court. Unless waived, a peremptory challenge must be made within five (5) court days of notice of the appointment. Minor’s counsel appointed after the expiration of the time allowed to the parties to make a peremptory challenge under this rule may not make a peremptory challenge to the evaluator. 2. Withdrawal From a Case. An evaluator may request to withdraw from a case by delivering a written declaration demonstrating good cause under penalty of perjury to the judicial officer assigned to the case and must give copies of the request to all parties and minor’s counsel. Any objections to the request to withdraw must be filed with the Court and served on the evaluator, all parties, and minor’s counsel within ten (10) days’ notice of the request to withdraw. After time for filing of objections to the request to withdraw has expired, the Court may, upon a finding of good cause, grant the request to withdraw, deny the request, or set a noticed hearing to resolve the issue. 3. Complaints Regarding Evaluators. Complaints regarding the conduct of, or procedures employed by, a private child custody evaluator must be made in writing to the Supervising Family Law Judge and/or the Court Executive Officer. A copy of the complaint must be provided to the evaluator, all parties, and to any minor’s counsel. The Court must determine what action, if any, to take including whether the complaint should be referred to the appropriate professional licensing board. (Effective 7/1/11; revised 1/1/17) 4. Requests for Removal of Evaluator. A request for the removal of an evaluator must be made by noticed motion filed the case, and served on the evaluator, all parties, and minor’s counsel, if applicable. (Effective 7/1/11; revised 1/1/17) 5. Ex Parte Communications. Unless there is a stipulation, ex parte communication by counsel with the evaluator is prohibited, except to schedule appointments. An attorney for a party or minor’s counsel must not provide the evaluator with documents pertaining to the case without first providing the other side and minor’s counsel, if any, with a copy of the documents. 6. Locating Qualified Private Child Custody Evaluator. The Court has prepared an information sheet on how to find qualified child custody evaluators. (See Appendix A) (All sections/subsections without parenthetical history, effective 7/1/11; subsection deleted 1/1/17; section renumbered 1/1/17) 7.11 Requirements in Financial Matters. A. Disclosure of Income Tax Returns. Parties shall bring a copy of their most recent federal tax return to the hearing. In addition, when child, family, or spousal support is requested, a party may require the opposing party to provide copies of both state and federal income tax returns pursuant to Family Code section 3552. A request for tax returns must be made no later than 10:00 a.m. five (5) court days before the hearing. Copies of the tax returns including all schedules, W-2s, 1099s and K-1s must be provided to the requesting party or counsel the earlier of five (5) court days after the request or 10:00 a.m. two (2) court days before the hearing. Tax returns served pursuant to this rule must not be filed with the Court except as provided in Family Code section 3552. B. Child and Temporary Spousal Support Guidelines. The Court uses the xSpouse™ computer program to calculate guideline child support (except in Department of Child Support Services enforcement actions) and temporary spousal support. In calculating temporary spousal support, the Court uses the “Santa Clara” formula as contained within the xSpouse™ computer program. C. Request for Attorney Fees. 1. Attorney Declaration. Any request for attorney fees or costs in excess of $2,000 must be accompanied by a factual declaration completed by the attorney. The declaration must state the attorney’s hourly rate, the amount of fees already paid, the source of payment for fees already paid, the amount of fees due and payable, how fees requested were or will be spent, and identification of a source for payment of the fees. The declaration shall further state such facts as may be relevant to the Court’s determination of the reasonableness of the fees. 2. Bifurcation Re: Fees and Costs. Where counsel requests fees pursuant to Family Code section 271, the Court will defer any decision until all other issues have been determined and will not receive an attorney's declaration relating thereto until commencing consideration of the attorney fee issue. D. Request for Expert Fees. Any request for expert fees must be accompanied by a factual declaration completed by the expert. The declaration must state the expert’s hourly rate, the scope of the expert’s task, and an estimate of the number of hours required to complete the task. (This section/all subsections effective 7/1/11; deletions from this section 1/1/17; section renumbered and all subsections lettered 1/1/17) 7.12 Family Law Facilitator The Napa County Superior Court has established an office of family law facilitator for self-represented parties. The Court will make referrals to the family law facilitator as appropriate. By this rule, the Court designates and establishes in the office of the family law facilitator all the duties prescribed or permitted by the Family Law Facilitator Act, Family Code section 10000, et seq. (Effective 7/1/02; renumbered 1/1/11; renumbered 7/1/11; renumbered 1/1/17) 7.13 Appointment of Elisor A. Request for Order. A court order for the appointment of an elisor must be made by a Request for Order. The Request for Order must include at least one (1) supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order. B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following: 1. The title, date, page(s), and line(s) of the Court order upon which the request to appoint the elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor’s signature. C. Mandatory Language in Proposed Order. The proposed order must include all of the following: 1. Designation of “The Clerk of the Court or Clerk’s Designee” as the elisor. The order cannot state a name or title of a specific Court employee. (A record of the clerk of the Court and its designees authorized to sign the order can be obtained from the Court Executive Office. 2. The party’s name for whom the elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity of the elisor who will be signing each document. D. Mandatory Additional Requirements. 1. Copies of all documents to be signed must be attached to the proposed order. 2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order. E. Order Granted. 1. If the Court grants the order, the party must contact the Court Executive Officer to schedule an appointment for the actual signing of the documents. 2. If the elisor is signing documents that require notarization, the party must arrange for a notary public to be present when the elisor signs the documents. (Effective 7/1/16; renumbered 1/1/17) 7.14 Child Support: Default Procedure for NCDCSS Standard Enforcement Orders. The Court will grant the Napa County Department of Child Support Services’ (“NCDCSS”) motion for “standard health insurance and additional page orders” (“Standard Enforcement Order”) in all Title IV-D cases NCDCSS administers/enforces unless a timely opposition to the motion is filed with the Court. “Timely” is defined as 9 court days prior to the hearing date under Code of Civil Procedure section 1005, subdivision (b). If a timely objection to the motion is filed, the matter will proceed to a hearing. If no timely objection to the motion is filed, NCDCSS may submit the proposed order to the Court no earlier than 8 court days prior to the scheduled hearing. The Court will enter the order on a default basis and vacate the hearing date. Minor changes will not cause a proposed order to fall outside the ambit of this rule. If relief other than the Standard Enforcement Order is sought in the motion, and no opposition is filed timely, only the Standard Enforcement Order will be granted pursuant to this rule. If NCDSS seeks to invoke the default procedure in this rule, a motion for Standard Enforcement Order must include a written warning that the failure to file a timely opposition will result in the Court granting the motion by default. The motion must include the following language: “If opposition to the requested standard health insurance and additional page orders is not filed at least 9 court days prior to the scheduled hearing, the Court will grant the motion by operation of rule 7.14 of the Local Rules for the Superior Court of the State of California, County of Napa.” The language contained in the Standard Enforcement Order is reflected on NCDCSS’ website. NCDCSS shall advise the Court of any changes to the language contained in the Standard Enforcement Order. NCDCSS shall not request relief under this rule using updated language until the Court has approved any changes. NCDCSS shall not seek relief under this rule if it has actual knowledge of a service defect relating to the motion. (Effective 1/1/23) 7.15 Automatic Application and Enrollment for Title IV-D Services for New Child Support Orders and Opt-Out A. Applicability. This rule applies to all child support orders the Court issues after the rule’s effective date. B. Definitions. “Child support order,” “local child support agency,” and “Title IV-D” are defined as set forth in Family Code section 17000. C. Automatic Enrollment. All new child support orders will be designated automatically as applications for enrollment in Title IV-D services. This automatic designation enables the local child support agency to provide necessary services and entitles child support recipients to enforcement services through the local child support agency without a separate application or enrollment. D. Notification. Upon issuance of a new child support order, the Court or the local child support agency will orally inform the parties of the automatic application and enrollment for Title IV-D services and the benefits available through the local child support agency. The local child support agency will make efforts to have information available in the courtroom for distribution to the parties such as the California Child Support Services Publication 301 (https://childsupport.ca.gov/publications/). E. Service Integration. The local child support agency is responsible for coordinating services related to the child support order, including payment processing, enforcement actions, and communication with the parties. F. Evaluation. The local child support agency shall review the effectiveness of this rule annually to assess its impact on child support collections and enforcement actions. G. Opt-Out. The party ordered to receive support may opt-out of the automatic application and enrollment for Title IV-D services for new child support orders. The party ordered to receive support may opt-out (1) orally or in writing at the time the order is made, or (2) by filing a voluntary closure with the local child support agency after the order is made. No opt-out or voluntary closure is permitted if the party ordered to receive support has assigned the right to support to the county pursuant to Welfare and Institutions Code section 11477, except as permitted by law. (Effective 1/1/2025.)
RULE 7: FAMILY LAW PROCEEDINGS 7.1 Scope Rule 7 pertains to all family law matters, including those related to the Family Law Act, Uniform Parentage Act, the Domestic Violence Prevention Act, the Uniform Child Custody Jurisdiction Act, the Domestic Partnership Act, and guardianships of the person. (Effective 7/1/02; revised 7/1/11; revised 1/1/17) 7.2 Calendar Assignments Dissolution/custody matte
Reviewer note: Composed 2026-10-09 (California T4 Napa build 2026-10-09) from BenchPath custody ca/t4/ca-napa/docs/general/local-rules-effective-january-1-2026.pdf (the court's rule book, its cover “Local Rules Effective 1/1/26”, as fetched 2026-10-09; 1160403 bytes, sha256 59a4b9c75779cee0fc7cfd9117a7ca5fd4fecfacf7ff354754e0f717151b6f86; 74 pages) with the shared verbatim composer (v2 reflow) rule by rule - the eleven rules (PDF pages 7; 8 to 15; 16 and 17; 18 to 20; 21; 22 to 29; 30 to 44; 45; 46 to 49; 50 to 56; 58 and 59), each beginning at the top of a page: each page's running header (“Superior Court of California, County of Napa”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; no struck run on any of the 74 pages (review/strike-report-2026-10-09.txt); 9 whitespace-only fixes (build/book-fixes.json: Rule 2.4's list of the Criminal Courthouse's courtrooms, Rule 6.11's attorney fee schedule rows and the history note that closes Rule 4.7, each set back to a line of its own as the page prints them, and one line of Rule 7.10(A)(2) the reflow broke inside a sentence set back to a space; the vertical-gap, short-line and false-break audits find no other); 1 same-character fix (build/book-captions.json: Rule 2.14 A's chart of the case types for which the Court provides an official court reporter set as printed by rows - the header, then each case type with its answer on a line of its own); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of currently effective rules, the table of contents, the list of local forms, Appendix A (locating a qualified private child custody evaluator) and the index belong to no card.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.