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Chapter 5 (Rules 5.00 to 5.15): family law matters - actions and proceedings related to families, domestic partnerships, or children under the Family Code (and the Probate Code in guardianships of the person of a minor) - assigned in the Nevada City Branch to the judge assigned to the Family Law Department and in the Truckee Branch to the judge whose assignment is the Truckee Branch, unless assigned to the Court Commissioner, and Title IV-D matters assigned to a commissioner (5.00); ex parte applications, including orders shortening time, presented to the judicial officer assigned to the case, ordinarily issued only on notice under California Rules of Court, Rules 3.1203 and 3.1204 or where notice would frustrate the purpose of the order, and on immediate and irreparable injury, no significant burden or inconvenience, or a protective order necessary to prevent domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult, with a declaration of notice (FL-303 may be used), a meet and confer before an order shortening time, no oral augmentation of declarations, specific facts for temporary custody, change of custody and residence exclusion applications, and copies of all papers provided to the other parties at or before 4:00 p.m. on the day they are filed, electronically, through a parenting app, in hard copy or by a third party (5.01); a wage assignment for signature accompanied by the mandatory FL-430, and with FL-420 and FL-421 when arrears are included, and an application for a Writ of Execution with an affidavit under Family Code Section 5104 and a proposed order under Family Code Section 290 (5.02); the calendar to begin promptly, a matter ordered off calendar or heard as uncontested on a non-appearance, a meet and confer no later than fifteen (15) minutes prior to the call of the calendar (not for orders of protection under the Domestic Violence Prevention Act or where a party is a protected person), a printout from a Judicial Council-approved support calculation computer program at support hearings, declarations based upon personal knowledge that set forth in full all facts, an Income and Expense Declaration filed and served with the moving pleadings when financial relief is requested and updated no later than five (5) court days before the hearing (nine (9) court days in Department of Child Support Services cases), a right to present live testimony absent an agreement of the parties or a finding of good cause, hearings on the short cause calendar limited to fifteen (15) minutes, the moving party to attach a copy of the order allegedly violated to the FL-410 in contempt, local form FL1 for an admission and FL-415 for disposition, wage assignments in non-IV-D cases to provide that the payment will be made to the State Disbursement Unit (SDU), with FL-191, hearings on earnings withholding orders requested on FL-450, continuances on FL-308, or FL-306 or FL-307 with FL-309, re-issuance of a Request for Order on FL-306, FL-307 or DV-115 submitted by 4:00 p.m. two (2) court days before the hearing, FL-950 for limited scope representation, attorney fees and costs under California Rules of Court, Rule 5.427, the order after hearing under Rule 5.125, and a party to provide a copy of each document to be offered not less than five (5) court days before the evidentiary hearing or trial with three copies brought to the court (5.03); temporary orders in effect until further order, temporary spousal support terminable on the death of either spouse, stipulations on temporary child support on the mandatory FL-350, the court adopts the Alameda County spousal support guideline as its temporary spousal support guideline, and any Judicial Council-approved child support program (5.04); the mediation process with Family Court Services (FCS) referred to as Child Custody Recommending Counseling (CCRC), which is not confidential, FCS performs CCRC and Section 3180 interviews of a minor when ordered by the court, a qualified private provider to perform any custody evaluation, a good faith effort to support the FCS process, and no ex parte communication with any court-appointed or court-connected evaluator or counselor except as permitted by Family Code Section 216 (5.05); the Court to order the parties to attend CCRC at the time of filing a Request for Order seeking custody or visitation orders, its date plainly stated on the face of the order, CCRC conducted remotely until further order, the parties to provide email addresses at least five court days prior, and every party to view the CCRC PowerPoint Orientation on the court website and complete the questionnaire before the initial CCRC session (5.05.1, 5.05.3); a counselor may disqualify themselves for good cause, a party may request a different counselor by written request to FCS, but not based solely on disagreement with the counselor's recommendations (5.05.4); attorneys do not attend CCRC unless specifically requested to do so by the CCRC, separate counseling sessions where domestic violence is alleged under Family Code Section 3181, an agreement reduced to writing, submitted to counsel and signed within 24 hours of notice to counsel by e-mail unless an objection is filed, a written status report and recommendation in the absence of an agreement but no recommendation if no proceedings are pending, the report admitted into evidence, and a subpoena for the counselor delivered to the clerk's office at least five (5) court days in advance with the fee under Government Code Section 68097.2 (5.05.5); custody evaluations under California Rules of Court, Rule 5.220 by evaluators who meet Family Code Section 3110.5 and Rules 5.225 and 5.230, FCS to maintain a list of qualified evaluators, a review after ten (10) days to confirm the evaluator's form FL-326, the parties to select their own evaluator or each with the option of striking one (1) name from a list of three (3) or more, and the withdrawal of an evaluator on a showing of good cause (5.05.6); complaints concerning a counselor submitted to the Court Executive Officer with a proof of service on the opposing party, the Court Executive Officer or Presiding Judge to respond in writing within thirty (30) days or meet personally with the complaining person (5.05.7); uncontested and default matters set for hearing by the clerk, judgments submitted with FL-170, FL-141 for the preliminary and final declarations of disclosure (FL-144 if final declarations are waived - the preliminary declaration cannot be waived), FL-130 or FL-165, a current FL-150 or FL-155 and FL-160 property declarations when required, an updated fee waiver application, a proposed FL-180 Judgment with only the original and one copy (not the 5 copies of FL-182), and FL-190 with pre-addressed stamped envelopes, the judgment stated in legal language, the parenting plan and support provisions set forth in their entirety, the parenting plan to comply with Family Code Section 3048, support provisions with the amount ordered, the commencement date and any termination date, and FL-192 attached (5.06); a voluntary settlement conference on a joint request that shall specify the dates and times for the settlement conference and trial, a statement that the parties have met and conferred in a good faith effort to settle, and a summary statement of the contested issues, the parties and their attorneys to attend unless excused (5.07); attorneys and self-represented parties to confer in good faith on the pretrial statements no later than one (1) week prior, an at issue memorandum on the court's local form after the response and the FL-141's on the preliminary declarations of disclosure, a mandatory case management conference, lead trial counsel and parties to appear in person for a mandatory pretrial settlement conference, both parties to file and serve a Pretrial Statement at least ten (10) court days prior to the trial date or settlement conference with a current Income and Expense Declaration and the pretrial statement information (statistical facts, separate and community property and debts, tracing, funds held by others, reimbursement claims, custody and support contentions with a support calculation, appraisals and attorney fees), an issue not identified in the pretrial statement not a trial issue, each party to serve a Final Declaration of Disclosure not later than forty-five (45) days prior to trial, a meet and confer at least five (5) court days prior to trial, a proposed property division of more than ten (10) items in editable electronic form at least two (2) court days prior, non-stipulated exhibits more than ten (10) in number pre-marked and indexed, appearance in person unless the Court has granted an advance request for remote appearance, and the judgment or order prepared within thirty (30) days under the legend “Approved as conforming to the Court's order” (5.08); courtesy to the Court, opposing parties, court staff and witnesses, a meaningful meet and confer, court reporters as set forth in Chapter 10, sanctions under Code of Civil Procedure Section 177.5 and 575.2, and remote appearances in title IV-D hearings and conferences under California Rules of Court, Rule 5.324 (5.09); a Family Centered Case Resolution (FCCR) Conference calendared 180 days after the filing of a petition for dissolution, legal separation, nullity, or parentage, its notice served with the summons and petition, a Status and FCCR Conference Questionnaire (FL-20) filed and served at least ten (10) calendar days prior, appearances in person or remotely by self-represented parties and attorneys of record, a request to reset, advance or set the conference by proposed stipulation and order at least five (5) calendar days prior, and the case set on the dismissal calendar if the parties fail to appear twice or there is no proof of service of the summons and petition (5.09.1); the additional duties of the Family Law Facilitator if staff and other resources are available - to mediate support issues, draft stipulations, review the paperwork at the request of the Court, prepare formal orders where both parties are self-represented and serve as a special master (5.10); any document not submitted on a mandatory Judicial Council form returned, a current and complete Income and Expense Declaration - less than three (3) months between the filing date and the hearing with no material changes, with wage stubs and a cash flow statement for self-employment - the last three (3) year's tax returns produced at the hearing or trial and exchanged at least five (5) days prior, FL-142 with all required attachments, and the local family law forms in Appendix I suggested, but not mandatory (5.11); applications under Chapter 11 where domestic violence is alleged, temporary domestic violence restraining orders on application without notice under Family Code Section 6300, or with notice by 10:00 a.m. the court day before review and the pleadings presented to the Civil Division Clerk's Office by 4:00 p.m. the court day prior, reviewed Monday through Friday beginning at 8:30 a.m., generally by the judge assigned to Department 3 in the Nevada City Branch or Department A in the Truckee Branch, the hearing within twenty-five (25) calendar days, and notice at least two (2) court days prior to the hearing for a remote appearance by a party, support person or witness (5.13 to 5.13.2); providers of supervised visitation to file Judicial Council Form FL-324(NP) with the clerk prior to commencing supervised visitation services and comply with Family Code Section 3200.5 (5.14); the Court may summarily dismiss an action for failing to serve the Respondent within two (2) years under Code of Civil Procedure Section 583.420 (5.15).
CHAPTER 5 FAMILY LAW RULE 5.00 ACTIONS; ASSIGNMENT OF ACTIONS A. “Family Law Matters”, as used herein, are those actions and proceedings related to families, domestic partnerships, or children arising under or related to the Family Code (and the Probate Code in the case of guardianships of the person of a minor). Title IV-D matters are those family law matters in which a local child support agency
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/local-rules/2026_nc_local-rules.pdf (the court's rule book, its cover “SUPERIOR COURT OF CALIFORNIA COUNTY OF NEVADA RULES OF COURT Effective: January 1, 1997 Updated: July 1, 2026”, as fetched 2026-10-11; 1570770 bytes, sha256 915a63e4216cda56b6e1d985033e57f948fa777fc300d12a4e0fd44fe34227a5; 139 pages; this chapter PDF pages 43 to 72, printed pages 28 to 57) with the shared verbatim composer (v2 reflow): the rules (PDF pages 16 to 124, printed 1 to 109) composed as one text, from “CHAPTER 1” to Rule 11.05, and cut at the eleven chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's printed page number at the bottom center removed as chrome (110 lines: the 109 page numbers and, in the same band of PDF page 124, a page reference of the index, which belongs to no card); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“RULE 1.08 COURT REPORTERS”), each lettered or numbered subdivision and each “o” bullet starting a line, and each history note on a line of its own; the text after the “INDEX” line on PDF page 124 cut off; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 22 whitespace-only fixes (build/book-fixes.json: rule headings whose title the book prints on two or more lines under the rule number, each set as one heading line - Rules 1.10, 2.02, 4.00.5, 4.02, 4.05.3, 4.07, 5.03, 5.05.4, 5.09.1, 5.13.1, 6.01.6, 6.02.11, 6.04, 6.05.7, 6.06.1, 6.07.1, 6.08.2, 6.10, 8.04, 8.06, 10.00.4 and 11.04); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents (PDF pages 2 to 15), the index (PDF pages 124 to 133) and the appendices (PDF pages 134 to 139: Appendix I, the local forms lists; Appendix II, the standing orders list) belong to no card. Review note: The court's Child Custody and Visitation page (held) quotes a former “Rule 5.05(F)(4)” (its wording is now in Rule 5.05.5(D)), says “Attorneys may participate in the child custody recommending counseling session if both parents agree” where Rule 5.05.5(A) says attorneys do not attend CCRC unless specifically requested to do so by the CCRC, and describes sessions attended in person (“do not bring children to your child custody recommending counseling appointment”) where Rule 5.05.1(B) has CCRC conducted remotely until further order of the court; the orientation's closing page (held) says “Mediation can be scheduled once both parties have completed Orientation”, where Rule 5.05.1(A) has the CCRC date stated on the face of the order made when the Request for Order is filed; the Child Custody Recommending Counseling Policy revised 10/23/12 (held) differs from the rules in places (an orientation in person, attorneys taking part if both parents agree); and the Procedure for Obtaining Temporary Immediate Family Law Orders in Nevada City Branch (held) lets the party choose the hearing date, where Rule 5.01(B) says “Parties will be notified of the date and time of the ex parte hearing, if granted” (a review task). Carried as printed: Rule 5.05.7's first paragraph printed twice, a sentence of Rule 5.08(C) printed twice, Rule 5.08(E)(4) and (5) repeating Rule 5.08(E)(3), the drafting of stipulations in both Rule 5.10(A)(1) and (2), Rule 5.14(B) sending professional providers to “Fl-324(Np) Declaration of Supervised Visitation Provider (Nonprofessional)” (this card states what the rule prints for both kinds of provider), and Rules 5.07(E), 5.09(B)(2) and 5.09(D) referring to Rules 5.07(D) (attendance), 5.08(H) (judgments) and 5.14 (child custody supervisors).
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 > Nevada County > Superior Court of California, County of Nevada
CHAPTER 5 FAMILY LAW RULE 5.00 ACTIONS; ASSIGNMENT OF ACTIONS A. “Family Law Matters”, as used herein, are those actions and proceedings related to families, domestic partnerships, or children arising under or related to the Family Code (and the Probate Code in the case of guardianships of the person of a minor). Title IV-D matters are those family law matters in which a local child support agency is providing services to establish, modify or enforce support obligations or to establish parentage. B. Nevada City Branch. All family law matters that are filed in or transferred to the Nevada City Branch are assigned to the judge assigned to the Family Law Department, unless assigned to be heard by the Court Commissioner. C. Truckee Branch. All family law matters that are filed in or transferred to the Truckee Branch are assigned to the judge whose assignment is the Truckee Branch, unless assigned to be heard by the Court Commissioner D. IV-D Matters. All Title IV-D matters described in Family Code Section 4241 are assigned to a commissioner, subject to California Rules of Court, Rule 5.305. E. Reassignment. Family Law actions and related proceedings may be reassigned as necessary, or as appropriate to the timely and orderly conduct of the court’s business. (Amended July 1, 2026.) RULE 5.01 EX PARTE ORDERS AND ORDERS SHORTENING TIME A. Ex parte applications. For the purposes of this rule, ex parte applications are those requests made for a court order, without formal written notice to the other parties, where a noticed hearing would normally be required, and include applications for orders shortening time. B. Presentation. Applications for ex parte orders and proposed temporary orders shall be presented to the judicial officer assigned to the case. Parties will be notified of the date and time of the ex parte hearing, if granted. C. Conditions of issuance. Ordinarily, an ex parte order will not be issued unless one of the following conditions exists: 1. Notice was given to the adverse party as required by California Rules of Court, Rules 3.1203 and 3.1204; or it clearly appears in the affidavit or declaration that giving notice would frustrate the purpose of the proposed order; and at least one of the following applies: 2. The applicant or child will suffer immediate and irreparable injury before the adverse party can be heard in opposition; 3. It appears by affidavit or declaration that no significant burden or inconvenience will result to the adverse party or child; or 4. In the case of a protective order, (excluding domestic violence protective orders), if it clearly appears from the affidavit or declaration that issuance of an order without notice is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult. D. Declaration of notice. An application for an ex parte order or an order shortening time must be accompanied by a written affidavit or declaration informing the judge if the opposing party is represented by an attorney and explaining that notice to the other party was given as required by these rules, the manner and content of the notice given. If notice was not given, the declaration shall state the reason notice has not been given. Such affidavit or declaration is required by a responding party seeking to schedule affirmative relief on a previously set hearing date. FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders may be used for this purpose. This rule applies whether or not the other party has appeared or is represented by an attorney. Ex parte applications concerning discovery must comply with California Rules of Court, Rules 3.1200-3.1207. Ex parte applications concerning appointment of a temporary guardian must comply with California Rules of Court, Rule 7.52. E. Declaration re: order shortening time. Prior to requesting an order shortening time, the applicant must meet and confer with the opposing party or parties in an effort to resolve any scheduling issues. If the opposing party has not been contacted or has not agreed, the supporting affidavit or declaration must state the applicant’s efforts to resolve the scheduling issue, or why they should be excused, and why the hearing should be set on the proposed date without the consent of the opposing party. As a general rule, an affidavit or declaration in support of an order shortening time must set forth facts showing good cause. F. Sufficiency of declarations. An ex parte order shall be issued only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code Section 6300, California Rules of Court, Rule 5.151, and/or Code of Civil Procedure Section 527. If the affidavit or declaration does not contain a sufficient factual basis for a particular order, it will not be granted. The Court shall not permit oral augmentation of affidavits or declarations at the time of the ex parte hearing. The Court may permit written augmentation in its discretion, with due consideration to the avoidance of prejudice to any responding party. G. Facts to be contained in applications for specific relief. Applications for specified relief must be supported by the following information: 1. An application for ex parte orders for temporary custody must include, among other things, which party has physical custody, details as to how, when, where, and under what circumstances the party obtained physical care or control of the child(ren), and other facts (not conclusions or statements of belief) showing the best interests of the child(ren). 2. An application for an ex parte order to change custody of any minor child(ren) must be supported by an affidavit or declaration showing by clear, specific allegations that the health and welfare of the child(ren) require the immediate change of custody, and stating why an order shortening time would not be reasonable. The affidavit or declaration must also set forth, in brief, the specifics of the manner in which the child(ren) will be cared for pending hearing. (Family Code Section 3064.) 3. An application for an ex parte protective order excluding either party from the family residence, or the residence of the other, must be supported by an affidavit or declaration showing an assault or threatened assault and emotional or physical harm, as required under Family Code Section 6321, specifying in detail the time and place of any past act or acts of alleged misconduct or harm, and stating why an order shortening time would not be reasonable. At the hearing, the Court may order temporary exclusion from the family residence upon a sufficient showing of an assault or threatened assault and physical or emotional harm. 4. An application for a protective order which additionally contains financial requests (including, but not limited to child support, spousal support, payment of bills, and/or attorney’s fees) shall be accompanied by an Income and Expense Declaration completed as provided in Local Rule 5.11(B). 5. For ex parte applications for wage assignments and writs of execution, see Local Rule 5.02. H. Availability of copies. A party seeking an ex parte order must provide a copy of all papers filed with the court to the other parties at or before 4:00 p.m. on the day that they are filed with the court. This does not require formal service. Formal service will occur after the Request for Order / other ex parte orders are approved by the judicial officer. The copies may be provided electronically, through a parenting app the parties are already using, or in hard copy to the party directly (unless there are restraining orders which prohibit contact) or via service by a third party. (Amended July 1, 2026.) RULE 5.02 EX PARTE APPLICATIONS FOR WAGE ASSIGNMENTS AND WRITS OF EXECUTION A. Wage Assignments. When submitting a wage assignment for signature, the wage assignment must be accompanied by the mandatory FL-430 Ex Parte Application to Issue, Modify, Or Terminate an Earnings Assignment Order. If arrears are included in the wage assignment, the party must also file FL-420 Declaration of Payment History and FL-421 Payment History Attachment or other documentation of the arrearages including dates, amounts due, and payments made. B. Writs of Execution. An application for a Writ of Execution must be accompanied by an affidavit meeting the requirements of Family Code Section 5104 and a proposed court order to issue the writ under Family Code Section 290. (Amended July 1, 2026.) RULE 5.03 CONDUCT OF HEARINGS ON LAW AND MOTION; CONTENTS OF PLEADINGS A. Calendar proceedings. The calendar for each session will begin promptly at the appointed time. If there is no appearance when the calendar is first called, the matter may be ordered off the calendar. If one side (the attorney and/or the party) appears when the calendar is first called, and the other side (the attorney and/or the party) does not appear when the calendar is first called, the matter may be heard as uncontested. B. Meet and confer. Irrespective of other meet and confer requirements (Local Rule 5.09[B]), the parties and/or attorney shall meet and confer no later than fifteen (15) minutes prior to the call of the calendar in a final effort to resolve or clarify issues. This requirement does not apply to requests to orders of protection brought under the Domestic Violence Prevention Act or where a party is a protected person pursuant to an Order of Protection against the other party. C. Support hearings. For all child support hearings, and for temporary spousal support hearings, each party must submit a printout using a Judicial Council-approved support calculation computer program. Each party shall submit the printout at or before the beginning of the hearing. The report shall reflect the party’s proposed findings on the issues to be decided. In the event either party seeks a support order which deviates from the statewide uniform child support guidelines, that party shall set forth the factual basis for the deviation request in their pleadings and the proposed amounts of child and / or spousal support. D. Contents of pleadings. The Request for Order of Notice of Motion and its supporting declaration and such other declarations in support of the relief requested must set forth in full all facts upon which the moving party relies in support of the relief requested. The Responsive Declaration to the Request for Order or Notice of Motion and such other declarations in support of the party’s response must set forth in full all facts upon which the responding party relies in support of the response. All declarations shall be based upon personal knowledge of the declarant. Declarations containing hearsay are subject to a motion to strike unless the hearsay is substantiated by a supplemental declaration by the hearsay declarant. An attorney may not execute a declaration on behalf of any person by means of an attorney’s verification. E. Declarations Re: Custody/Visitation Issues. In preparing declarations and affidavits in custody and visitation matters, exercise discretion as to the extent of detail where sensitive or inflammatory facts are alleged. Prepare such declarations with the best interests of the child(ren) as a primary concern and indicate whether or not testimony will be required to fill in the details of any general allegations of such facts. F. Income and Expense Declaration. If financial relief is requested, an Income and Expense Declaration in compliance with, and as required by Local Rule 5.11(B) must be filed and served by each party with the moving pleadings. If necessary, the Income and Expense Declaration shall be updated, filed and served no later than five (5) court days before the hearing. This requirement shall not apply to either a Notice of Motion or Request for Order to establish or modify a child support order filed by the Department of Child Support Services. However, in cases wherein support is either sought to be established or modified by the Department of Child Support Services, all parents shall file and serve an Income and Expense Declaration with required supporting documents not later than nine (9) court days before the hearing date. If a party is receiving public assistance, or if an application for public assistance is pending, that fact must be disclosed in the declaration and the party receiving such public assistance must notify the local child support agency of the applicable county at least ten (10) days prior to the hearing unless such notice is shortened by the Court. Additionally, copies of all papers filed with the court shall be timely served on the local child support agency. G. Declarations in lieu of testimony. Parties have a right to present live testimony absent an agreement of the parties or a finding by the Court of good cause to preclude live testimony. In the event of such an agreement to waive live testimony or a finding of good cause, and subject to legal objection, all declarations will be considered received in evidence at the hearing and the Court may decide contested issues on the basis of the application, the response, supporting declarations and any memorandum of points and authorities submitted by the parties. H. Hearing length. Hearings on the Family Law short cause calendar are limited to fifteen (15) minutes and are subject to further time limitations to accommodate the court’s calendar. In the event either party believes in good faith the matter cannot be completed in fifteen (15) minutes, they must inform the Court at the time the matter is first called. The Court may then set the matter on its long cause calendar, or make such other order as may be appropriate under the circumstances. I. Contempt proceedings; compliance with Family Code Section 3028. 1. The moving party must attach a copy of the order allegedly violated to the FL-410 Order to Show Cause and Affidavit for Contempt. 2. Prior to issuing an Order to Show Cause in Re Contempt involving an allegation that a party failed to reimburse for extraordinary health care costs, the court requires the moving party to comply with Family Code Section 4063 and shall state such compliance in the moving papers. 3. Parents seeking financial compensation for a thwarted visitation or a parent’s failure to provide caretaker responsibility must comply with Family Code Section 3028 and shall state such compliance in moving papers. 4. FL1 Advisement of Rights, Waiver and Plea shall be used in taking an admission to a contempt. Judicial Council form FL-415 Findings and Order Regarding Contempt, shall be used for disposition. J. Hearings on Wage Assignments. An application for a hearing on a wage assignment must include a copy of the court or administrative wage assignment, and a current Income and Expense Declaration. All wage assignments (orders to withhold income for child support) submitted to the court for signature in non-IV-D cases must provide that the payment will be made to the State Disbursement Unit (SDU) and must be accompanied by a completed Child Support Case Registry form (FL-191). K. Hearings on Earnings Withholding Orders. A request for hearing shall be filed using the mandatory judicial council form FL-450. In non-Title IV-D cases (actions where the Department of Child Support Services is not involved), the obligor must attach a copy of the notice/order to withhold income to the pleadings and file a current Income and Expense Declaration. In all Title IV-D cases, the Department of Child Support Services shall file a copy of the administratively issued order/notice to withhold income whenever a hearing concerning the order/notice to withhold income for child support is requested. (Family Code Section 5246(g).) L. Continuances of Law and Motion Hearings. The following rules govern continuances: 1. Requests for continuances are ordinarily denied, unless good cause is shown. A continuance of a law and motion hearing shall be requested on either of the appropriate following forms: i. If the parties agree: FL-308 Agreement and Order to Reschedule Hearing ii. If there is no agreement: FL-306 Request and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Order OR FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders. FL-309 Order on Request to Reschedule Hearing shall also be submitted. 2. In the absence of agreement, the request for continuance must be made to the Court and will be granted only upon a showing of good cause and upon imposition of conditions as may be appropriate to the circumstances. 3. The Court will consider the parties’ efforts to communicate and resolve the issue informally, and may impose sanctions for untimely requests for a continuance. M. Re-issuance of Request for Order. If service of a Request for Order, Notice of Motion or Order to Show Cause is not timely made, the Request for Order (or other hearing setting order) may be re-issued, with a new hearing date, on form FL-306 Request and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Order or FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders as appropriate (general family law matters) or DV-115 Request to Continue Hearing (domestic violence matters). An application for re-issuance may be submitted to the court clerk by 4:00 p.m. two (2) court days before the scheduled hearing date, in which case no appearance in court is required. Otherwise, an appearance for the re-issuance will be required on the scheduled hearing date. N. Filing and service of pleadings. Moving and responsive pleadings must be filed with the court clerk and served upon the opposing party or if represented by an attorney, upon their attorney unless Family Code Section 215 applies. Parties must comply with the time requirements of Code of Civil Procedure Section 1005(b). The Court, in its discretion, may refuse to consider papers not timely filed or served. O. Limited Representation. In the event a party is represented by an attorney and the party’s agreement with their attorney is one of limited representation, the party and attorney shall promptly file a FL-950 Notice of Limited Scope Representation. In the absence of any court record of limited scope representation, the Court will presume a general representation for purposes of notice, communication, responses to discovery, appearances, etc., and for imposing sanctions in the event of a non-appearance of an attorney of record. P. Attorney Fees and Costs. Any request for attorney fees and costs must comply with California Rules of Court, Rule 5.427. Q. Preparation of Order After Hearing. Unless otherwise directed by the Court, the moving attorney or self-represented party shall prepare a written order after hearing following any hearing on the law and motion calendar in accordance with California Rules of Court, Rule 5.125. If the other party objects to the form or content of the proposed order, the parties must meet and confer to attempt to resolve the disputed language. If the parties fail to resolve their disagreement, each party shall prepare and file a proposed order in accordance with the California Rules of Court, Rule 5.125. Either party may request the Court to compel entry of the order and refer the Court to applicable portions of the hearing transcript, if available. Attorney fees and costs including preparation of the reporter’s transcript may be awarded depending upon the merits. R. Documents Offered at Hearing. Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the court before any hearing or trial to all counsel and self-represented parties not less than five (5) court days before the evidentiary hearing or trial. Parties shall bring to the court three copies of any document to be offered at the hearing or trial. Parties shall also be prepared to provide to the court at the hearing or trial copies of all pleadings, proofs of service and earlier orders relied upon or sought to be modified. (Amended July 1, 2026.) RULE 5.04 TEMPORARY ORDERS, MISCELLANEOUS PROVISIONS A. Duration of support orders. Unless otherwise specifically ordered, all temporary orders must remain in effect until further order of the court. Unless otherwise ordered or stipulated, temporary spousal support orders are terminable on the death of either spouse. B. Recipients of public assistance benefits. If a party is receiving public assistance benefits, the temporary support order must comply with Family Code Section 4204. C. Stipulations to establish/modify child support. Stipulations concerning temporary child support must use the mandatory FL-350 Stipulation to Establish or Modify Child Support and Order. D. Department of Child Support Services cases. In any case between private parties in which a local child support agency appears, if the local child support agency thereafter closes its case, it shall file a notice to that effect. The court may reject privately prepared wage assignments if such notice is not on file. E. Temporary Spousal Support Guideline. The Superior Court of the State of California, County of Nevada, adopts the Alameda County spousal support guideline as its temporary spousal support guideline. The Court will deviate from the guideline in appropriate cases. F. Child support computer programs. The court or parties may use any Judicial Council-approved child support program except in Title IV-D cases in which case the parties, counsel and the court are required to use a calculator approved by the Judicial Council. (Amended July 1, 2026.) RULE 5.05 CHILD CUSTODY AND VISITATION All proceedings relating to the custody or visitation of children are governed by the following rules. As used in this chapter, the term “evaluation” includes both partial and full evaluations, and is synonymous with “investigation.” The term “assessment” refers to a limited inquiry by Family Court Services (referred hereafter in these rules as FCS) pursuant to Family Code Section 3180. As authorized by Family Code section 3183, the mediation process with FCS in the Superior Court of the State of California, County of Nevada shall be referred to as Child Custody Recommending Counseling (hereinafter referred to as CCRC). The CCRC process with Family Court Services is not confidential. The CCRC is conducted by a Child Custody Recommending Counselor (hereinafter referred to as “Counselor”). A. Who conducts CCRC, investigations and evaluations. FCS performs CCRC and Section 3180 interviews of a minor when ordered by the court. Generally, FCS does not perform interviews with a minor unless ordered by the court. A qualified private provider shall perform any custody evaluation. B. Good faith support of the FCS process is mandated. The parties and their attorneys, if any, must make a good faith effort to support the FCS process. FCS conducts a mandatory and valuable process designed to reduce parental conflict and focus the parents’ attention on the child(ren)’s best interests. The purposes of the FCS process are the following: 1. To reduce acrimony that may exist between the parties and to remove the weight of conflict from the child(ren). 2. To develop an agreement assuring the child(ren) close and continuing contact with both parents when such is in the best interest of the child(ren). 3. To assist parents in agreeing on a parenting plan that is in the best interest of the child(ren), that allows the child(ren) to benefit from the love and care of each parent, and that helps the child(ren) to be stable, secure, happy and healthy. C. Ex parte communication. Except as permitted by Family Code Section 216, there shall be no ex parte communication between the attorneys for any party to an action, including minor’s counsel, and any court-appointed or court-connected evaluator or counselor. (Amended July 1, 2026.) RULE 5.05.1 CCRC A. CCRC required by Family Code Section 3175. At the time of filing a Request for Order seeking custody or visitation orders, the Court will order the parties to attend CCRC. The CCRC date and any requirement for CCRC orientation shall be plainly stated on the face of the order. B. Appearances. CCRC shall be conducted remotely until further order of the court. However, the Court, in its discretion, may order the parties to participate in person if circumstances warrant. Parties shall provide email addresses to the court at least five court days prior to the CCRC date so that video conference invitations can be sent to the parties. (Amended July 1, 2026.) RULE 5.05.2 (REPEALED) (Repealed July 1, 2017.) RULE 5.05.3 CCRC ORIENTATION Every party attending CCRC must also view the CCRC PowerPoint Orientation available on the court website prior to the initial CCRC session and complete the questionnaire portion of orientation. (Amended July 1, 2026.) RULE 5.05.4 CHANGE OF CUSTODY COUNSELORS; GENERAL PROBLEMS RELATING TO CCRC A counselor may disqualify themselves from a case for good cause. A party does not have the right to disqualify a counselor. A party may request a different counselor by written request to FCS, stating the reason(s) for the request. Copies of the request must be delivered immediately to the counselor and all other parties and attorneys, if any. Requests based solely on disagreement with the counselor’s recommendations will not be granted. (Amended July 1, 2026.) RULE 5.05.5 CONDUCT OF CCRC A. CCRC. Attorneys do not attend CCRC unless specifically requested to do so by the CCRC. At the request of a party or attorney, the counselor may be subject to cross-examination on subpoena. B. Domestic violence cases. In all cases in which domestic violence is alleged and the parties are involved in the FCS process, the parties are entitled to separate counseling sessions, and, whether or not either parent has requested a separate meeting, some time will be spent by FCS with each parent separately, early in the interviewing process, in order to assess this issue in accordance with Family Code Section 3181 and the Family Court Services’ Domestic Violence Protocol. The Domestic Violence Protocol is available from Family Court Services. C. Agreement reached. In the event the parties reach an agreement, their agreement will be reduced to writing and submitted to the court. If either party is represented by counsel, the agreement will be submitted to counsel before it is provided to the court for approval and made into a court order. Failure of an attorney to make themselves available for approval shall be deemed a waiver of the right to approve or disapprove; subject to further order of the Court. In the event a CCRC session is held through remote appearance, the parties and any attorneys shall provide an email address through which the exchange and review of the agreement can be completed. The parties and attorneys shall bear the responsibility to check and access their emails regularly to ensure neither the party nor the Court is unduly inconvenienced by any party or attorney’s conduct. Unless signed by the parties in the remote meeting, all agreements shall be signed within 24 hours of notice to counsel by e-mail unless an objection is filed with the court within the 24-hour period of time. D. Agreement not reached. In the absence of an agreement, the counselor shall make a written status report and recommendation to the Court. However, if no proceedings are pending, no recommendation will be made. If appropriate, the counselor’s recommendation may include: o Restraining orders being issued pending determination of the controversy; o A recommendation for a full or partial custody evaluation; o Treatment and/or assessment services; and/or o Parenting plans including but not limited to supervised versus unsupervised. E. CCRC recommendation to Court. If a counselor makes a recommendation to the Court, the parties and their attorneys may confer together with the counselor prior to the hearing or trial on the custody or visitation issue to discuss the counselor’s recommendation, and they must make a good faith effort to settle the parenting plan issue by their agreement. F. Admission into Evidence. The status report and recommendation of the CCRC counselor are admitted into evidence without the necessity of the Family Court Services author laying the foundation. A party may serve a subpoena, delivered to the clerk’s office at least five (5) court days in advance for the counselor to be made available for cross-examination at any contested hearing. Pursuant to Government Code Section 68097.2, the required fee must be tendered to the court with the subpoena. (Amended July 1, 2026.) RULE 5.05.6 CUSTODY EVALUATIONS A. Custody Evaluations. 1. This rule applies to both full and partial evaluations, as defined by California Rules of Court, Rule 5.220. 2. The Court may appoint an evaluator pursuant to Family Code Section 3111 and/or Family Code Section 3118 and California Rules of Court, Rule 5.220. 3. All custody evaluations must comply with California Rules of Court, Rule 5.220. 4. Evaluators must meet the education, experience and training standards set forth in Family Code Section 3110.5 and California Rules of Court, Rules 5.225 and 5.230. B. Finding qualified evaluators. FCS shall maintain a list of qualified evaluators, which list must be made available to the public in the offices of FCS, and also in the court clerk’s office, the Family Law Facilitator’s office, the law library and the court’s Self-Help Center. A list may be acquired electronically by contacting the Self-Help Center. C. On file maintenance of statement of qualifications. Child custody evaluators that have completed the training in domestic violence required by California Rules of Court, Rule 5.230, in lieu of attaching domestic violence training certificates to their evaluations, may maintain on file with the Family Law Department, Nevada City Branch, a copy of their certificates of completion of the initial twelve (12) hours of advanced in-person classroom instruction and of the most recent annual four (4) hour update training in domestic violence, as well as any other certificates of any subsequently required training. D. Confirming qualifications of evaluator. When a child custody evaluator is appointed, whether or not by stipulation, the Court must set the matter for review at the earliest time after expiration of ten (10) days from notice of the appointment, for the purpose of confirming receipt and filing of the evaluator’s Judicial Council form Declaration of Child Custody Evaluator Regarding Qualifications (Form FL-326), unless the person appointed is a court-connected employee who is required to annually file such form. E. Selection and challenges to evaluator. The parties must select their own qualified evaluator. In the absence of agreement, the Court will provide a list of three (3) or more qualified evaluators for consideration. Each party shall have the option of striking one (1) name from the list. The Court will make the appointment from any remaining names. Thereafter, no further peremptory challenge to a court-appointed evaluator is permitted. This applies to FCS personnel, other county employees, and any mental health professional. F. Withdrawal of evaluator. An evaluator may request to withdraw from a case on a showing of good cause. The petition may be in the form of a letter directed to the judge assigned to the case, with a copy served on each party by the Court. If no party objects to the withdrawal within five (5) court days of the evaluator’s request, the Court may decide the issue on the written request. Objections to the evaluator’s request may also be in letter form. If an objection is received by the court, the Court may either decide the matter on the request and objections, or set the issue for hearing at the earliest date permitting at least ten (10) days’ notice. G. Disclosure of lack of confidentiality. The lack of confidentiality of the evaluation process need not be disclosed to a child by the evaluator, but may be disclosed if the evaluator deems it appropriate. The evaluator should, but is not required to, see each parent with the child(ren). Interviews with the siblings should, but are not required to, be separate. The evaluator should make every reasonable effort to interview each parent. All parties, or their respective attorneys, shall be sent a copy of the report. Access to the evaluator’s report is granted to the minors (upon their request), the parties, and their attorney. Access to reports by other persons may be granted by the Court upon a showing of good cause consistent with Family Code Section 3111, the applicable Rules of Court and mandatory Judicial Council forms. (Amended July 1, 2026.) RULE 5.05.7 COMPLAINTS CONCERNING A CCRC A person who requests to file a complaint against a counselor shall be provided a complaint packet upon request. All complaints shall be submitted to the Court Executive Officer. A person who requests to file a complaint against a counselor shall be provided a complaint packet upon request. All complaints shall be submitted to the Court Executive Officer. The opposing party shall receive a copy of the complaint from the person making the complaint. The person making the complaint shall attach a proof of service evidencing such service at the time the complaint is submitted. The counselor may receive a copy of the complaint as part of the review process. If the Family Law judge is advised of the substance of the complaint, the opposing party must receive notification of that fact. The Court Executive Officer, or Presiding Judge, as applicable, may respond in writing to the complaint within thirty (30) days of its receipt or meet personally with the complaining person. (Amended July 1, 2026.) RULE 5.06 UNCONTESTED TRIALS, DEFAULTS BY HEARING OR BY AFFIDAVIT OR DECLARATION A. Uncontested hearings. Uncontested and default matters may be set for hearing by the clerk. B. Documents required. Judgments on default or uncontested matters must be submitted with the following documents: 1. An FL-170 Declaration For Default Or Uncontested Dissolution Or Legal Separation (Family Law). 2. An FL-141 Declaration Regarding Service Of Declaration Of Disclosure And Income And Expense Declaration for preliminary disclosure declaration from each party required to file one. 3. An FL-141 Declaration Regarding Service Of Declaration Of Disclosure And Income And Expense Declaration for final disclosure declaration from each party required to file one. Unless such declaration is waived. (Family Code Sections 2103 – 2104). If Final Declarations of disclosures are waived, the parties will sign and submit FL-144 Stipulation and Waiver of Final Declaration of Disclosure. These financial disclosures are for the protection of the parties. While the Court does not encourage a waiver of service of a Final Declaration of Disclosure, the parties may waive the Final Declaration of Disclosure. The Preliminary Declaration cannot be waived. 4. If an FL-120 Response—Marriage/Domestic Partnership Response has been filed, form FL-130 Appearance, Stipulations, and Waivers signed by both parties, unless there is an executed written Stipulation or Marital Settlement Agreement that the matter may be treated on an uncontested basis. 5. If no FL-120 Response—Marriage/Domestic Partnership has been filed, form FL-165 Request to Enter Default (Family Law—Uniform Parentage) together with pre-addressed stamped envelope addressed to Respondent. 6. A current and complete FL-150 Income And Expense Declaration or FL- 155 Financial Statement (Simplified), as applicable and/or a FL-160 Property Declaration for community property / debt (if any) and a FL-160 Property Declaration for separate property /debt (if any) when required by California Rules of Court, Rules 5.124 and 5.128. 7. If fees have been previously waived as to either party, an updated fee waiver application for BOTH parties, or the payment of fees by either party having the ability to do so. 8. A completed proposed FL-180 Judgment (Family Law) conforming to Paragraph D of this Local Rule 5.06. Notwithstanding the language on FL- 182 Judgment Checklist that 5 copies of the Judgment are required, now that the court uses electronic files, only the original and one copy are needed. 9. A completed FL-190 Notice of Entry of Judgment (Family Law—Uniform Parentage—Custody and Support), together with pre-addressed stamped envelopes to both parties C. Stipulation for judgment. A stipulation for judgment must comply with California Rules of Court, Rule 5.411. D. Contents of judgment. 1. The provisions of a judgment must be stated in legal language and not in the language of an agreement or request. 2. The orders and judgment must be consistent with the relief sought in the petition or response, unless the parties otherwise agree in a marital settlement agreement or stipulated judgment. 3. If the parties have agreed to waive service of a Final Declaration of Disclosure, the judgment, or a separate waiver executed by the parties under penalty of perjury, must show compliance with Family Code Section 2105(c). 4. If one of the parties has not paid court fees, the judgment must make provision for the payment of court fees by the opposing party, unless the opposing party has filed their own fee waiver. 5. If there is a marital settlement agreement or stipulation for judgment, it should be attached to the judgment, incorporated by reference and the parties ordered to carry out any executory terms thereof. If the marital settlement agreement is to remain confidential, then it need not be attached; however, all orders for custody, child, spousal or family support (including termination provisions), attorney fees, injunctive orders, restraining orders, etc., shall be set forth in full, either in or as attachments to the judgment. 6. Custody, Visitation or Parenting Provisions 1. As used herein, the term “parenting plan” refers to the provisions of a judgment or order for a child’s or children’s legal and/or physical custody, visitation and related issues. 2. The parties and attorneys are encouraged to include a permanent parenting plan concerning both legal and physical custody, in order to provide for the stability of the minor child(ren). 3. The parenting plan must be set forth in its entirety in the judgment. It cannot be included by reference to a marital settlement agreement, mediated agreement, or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms. 4. The parenting plan must comply with Family Code Section 3048, including a warning that violation of the order may result in criminal or civil penalties for the violating party. 7. Support Provisions i. Support provisions must be set forth in their entirety in the judgment. They cannot be included by reference to a marital settlement agreement or prior temporary court order, unless the document is attached to the judgment and the parties ordered to carry out its terms. ii. Support provisions must include the amount ordered, the commencement date, and for spousal support, the termination date, if any. Child support provisions must include the name and date of birth of each supported child. iii. If the parties have agreed on child support and the amount of support deviates from guidelines, the judgment must comply with Family Code Sections 4057 and 4065. If a party requesting support is receiving public assistance, the judgment must include the written consent of the local child support agency and any support order must be made payable to that agency. iv. If the judgment provides that a party maintain medical or dental insurance, the manner of reimbursement for uninsured health care expenses shall be as set forth in Family Code Section 4063. Reimbursement amounts are due within thirty (30) days of notice, unless the judgment provides otherwise. v. The judgment must have all required attachments, including Judicial Council form FL-192. 8. Stay away, residence exclusion, restraint on personal conduct and property restraint orders will not be granted unless the respondent is given notice in the petition for dissolution (or in an application for domestic violence restraining order) that such relief will be sought, and petitioner has established a factual basis at the time of hearing for granting such orders. However, domestic violence restraining orders otherwise granted pursuant to Family Code Section 6200 et seq., shall remain in full force and effect until the stated expiration date thereon, or as provided by law. (Amended July 1, 2026.) RULE 5.07 VOLUNTARY SETTLEMENT CONFERENCES A. Voluntary settlement conference procedure. In order to promote the early disposition of family law actions and to reduce the cost of family law litigation, the court has a voluntary settlement conference procedure. This procedure is separate and distinct from attorney-supervised settlement conferences that are presently conducted by private agreement or court order. This procedure must not be used as a substitute for discovery, settlement discussions between the parties or preparation for a formal settlement conference or trial. B. Joint request for voluntary settlement conference. In order to participate in this procedure, the parties must file a joint request for voluntary settlement conference, which shall provide the following information: 1. If the action is calendared for settlement conference and trial, specify the dates and times for the settlement conference and trial. If the action is not calendared for settlement conference and trial, so state. 2. Prior to the filing of the joint request, the parties and/or attorneys have met and conferred in a good faith effort to settle the contested issues, and the probability of settling any remaining contested issues is substantial with the assistance of the court in a voluntary settlement conference. 3. A summary statement of the contested issues and the respective positions of the parties on these contested issues C. Setting of conference. After the joint request is filed, the conference will be placed on the court’s next date available to the court and the attorneys or self-represented parties. D. Attendance. The parties and their attorneys must attend the voluntary settlement conference, unless an appearance is excused by the Court prior to the conference. E. Sanctions. If a party elects to participate in this voluntary procedure and fails to comply with these provisions, the Court may impose appropriate sanctions in accordance with Local Rule 5.07(D). (Amended July 1, 2026.) RULE 5.08 TRIALS AND MANDATORY SETTLEMENT CONFERENCES A. Purpose of rules; duties of attorneys and self-represented parties. The purpose of this rule is to ensure that contested family law matters are thoroughly prepared and expeditiously tried. Attorneys, vested with full authority from their clients to dispose of these matters, and self-represented parties must confer in good faith to review the pretrial statements required by these rules no later than one (1) week prior to the time set for any settlement conference and/or trial issues can be resolved by stipulation, and those issues remaining for determination by the Court can be clearly delineated. B. Relief from rules. Relief from the operation of these rules relating to contested trials may be given in appropriate cases but only on motion and for good cause shown. Either side may move to strike the at issue memorandum, pretrial statement/request for admissions, or reply pretrial statement of the other side upon the ground the document was not prepared and filed in good faith but, rather, as a means to avoid the operation of these rules. Sanctions against the offending party and/or attorney may be ordered as permitted by law. C. At Issue Memorandum. An at issue memorandum on the court’s local form may be filed at any time after the filing of a response to the petition and the filing of FL-141's evidencing the parties have exchanged preliminary declarations of disclosure. For purposes of calendar management, the issues to be determined at trial shall be specified in any available blank space or on an attachment. For purposes of calendar management, the issues to be determined at trial shall be specified in any available blank space or on an attachment. D. Case management conference. A case management conference will be set upon the filing of an at issue memorandum. Participation in the case management hearing is mandatory. Remote appearances are permitted in accordance with Code of Civil Procedure Section 367.75 and California Rules of Court, Rule 3.672. E. Settlement conference; pretrial meet-and-confer rule. 1. Before a trial occurs, lead trial counsel and parties must appear in person for a mandatory pretrial settlement conference as ordered by the court. The attorneys and the parties must participate, in good faith, in the settlement conference. 2. The attorneys and any self-represented parties must confer before the date of any settlement conference or trial in a reasonable attempt to resolve disputed issues and to exchange all relevant documents. Failure to comply, in good faith, with this rule may result in an order dropping the matter from calendar or the imposition of sanctions by the judge. 3. The Court, on its own motion, or upon the motion of either party, may refer the matter for an attorney-supervised settlement conference. Attorney-supervised settlement conferences shall be conducted with the presence of all parties and counsel, shall adhere to the meet and confer principles set forth in Local Rule 5.09(B), shall be preceded by the exchange of all information required in Local Rules 5.08(G) and 5.09 and shall be in compliance with the Court’s order. On request of the Court, the attorney settlement supervisor may submit a sealed report to the court concerning the settlement conference and any final offers for settlement. This report shall only be opened following trial if there is a request for Family Code section 271 sanctions/fees. The Court reserves the right to allocate between the parties the payment of any such reasonable fees and costs for preparation of the report. 4. The Court may, at its discretion and for good cause, allow a party or counsel to appear by remote appearance for any settlement conference. The Court, on its own motion, or upon the motion of either party, may refer the matter for an attorney-supervised settlement conference. Attorney-supervised settlement conferences shall be conducted with the presence of all parties and counsel, shall adhere to the meet and confer principles set forth in Local Rule 5.09(B), shall be preceded by the exchange of all information required in Local Rules 5.08(G) and 5.09 and otherwise shall be in compliance with the Court’s order and all written Family Law Department policies pertaining to the same. The attorney settlement supervisor, on request of the Court, may submit a sealed report to the court concerning the settlement conference and any final offers for settlement, which may be opened following trial if there is a request for Family Code section 271 fees. The Court reserves the right to allocate between the parties the payment of any such reasonable fees and costs for preparation of the report. 5. The Court may, at its discretion and for good cause, allow a party or counsel to appear by remote appearance for any settlement conference. F. Pretrial Statement. Where a matter is set for a settlement conference or contested trial, either short or long cause, both parties must file and serve a “Pretrial Statement” at least ten (10) court days prior to the trial date or settlement conference whichever first occurs. Failure by both sides to do so may result in a drop from the trial or settlement calendar. Failure by one party will allow the complying party to continue the cause and/or sanctions to be imposed, as permitted by law. Motions for sanctions under this rule will be heard by the judicial officer to whom the case is initially assigned for settlement conference. Where custody and other issues are bifurcated, the party or attorney may elect to file separate pretrial statements as to each bifurcated proceeding. The pretrial statement shall consist of a separately filed current (i.e., information and signature within thirty (30) days of filing) and complete (i.e., all required attachments) Income and Expense Declaration, together with the following pretrial statement information, as may be relevant to the particular issues: 1. Statistical facts. List date of marriage, date of separation, names, dates of birth and ages of children; brief outline of temporary orders for support, custody and visitation, restraining orders with dates, amounts, terms and compliance. List by name, court and case number any other actions, past or pending, between the same parties, including a brief description of the terms of any existing order or judgment. All existing domestic violence restraining orders must be listed and identified in a separate paragraph for that purpose. 2. Separate property/debts. List sufficiently for identification each separate property asset and debt. As to contested separate property, list the date it was acquired, the legal and factual basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent, and terms of payment of any encumbrance against the property, the manner in which title to the property is currently vested, and the record title data. 3. Community property/debts. List sufficiently for identification all assets and obligations of the community, the current market value of assets, the manner in which title to the property is currently vested, the nature, extent, and terms of payment of any secured or unsecured debt. Attach a spreadsheet showing the proposed division of the community assets and debts. 4. Contested Mixed Community and Separate Property. Include the separate portion in the listed separate property and the community portion in the listed community property. As to each mixed asset, set forth the factual and legal basis for the apportionment between community and separate interests. Separate and community property tracing must set forth in detail, with dates, values, and dollar amounts, the transactions relevant to the tracing issue, as well as the basis for computation or proration, and must meet either of the two approved methods recognized by California law— direct method or family expense method. 5. Funds held by others. To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust or retirement funds, the statement must fully identify the policy or fund, including policy number, the present values and basis for calculations, and all terms or conditions, imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans should be set forth. 6. Miscellaneous debits and credits. List sufficiently for identification any claims for reimbursement of community or separate property, including, but not limited to, Watts, Epstein, Family Code Section 2640, rental, use, or monies owing to or from the community or the parties. 7. Child custody, child support and spousal support. Specify each party’s contentions as to child custody and a parenting plan schedule and as to amount and duration of child and spousal support. i. For child support issues, the parties must attach a proposed support calculation prepared by a support calculation program approved by the Judicial Council, or, in the case of child support being enforced by DCSS, utilizing a calculator approved by the Judicial Council. ii. For spousal support issues, set forth each Family Code section 4320 factor as it relates to the requested relief. iii. If a party contends income should be imputed to the opposing party, they must set forth the legal and factual basis for imputing income. iv. If a parenting recommendation has been made pursuant to CCRC or a child custody evaluation, each party must address what portion of the recommendation is acceptable and what portion is not taking care not to violate the confidentiality of any custody evaluation report 8. Appraisals, evaluations and evidentiary documents. Appraisals, evaluations, and evidentiary documents must not be attached to the Pretrial Statement; however, each party must serve with the Pretrial Statement on the opposing party a copy of any appraisal or evaluation to be used at trial. Before appraisals of real or personal properties or businesses are obtained, the parties are to meet and confer in an effort to agree upon a joint appraisal. 9. Attorney fees and costs. Any request for attorney’s fees and costs should be supported by a brief description of the basis for the request, including an itemization of services rendered. A discussion of sanction-based fees, if requested, shall not include a discussion of settlement negotiations. A later opportunity will be provided, if necessary, for that purpose. 10. A memorandum of points and authorities should be included with respect to any extraordinary or atypical legal issues. Such a memorandum is unnecessary with respect to ordinary issues (i.e., general authority to award spousal support, attorney fees, etc.). 11. To the extent not set forth above, discuss any other issue to be determined by the Court. COMMENT: Because of the generalized nature of family law pleadings, the pretrial statement identifies for the Court the issues for trial. With the exception of marital status, if neither party identifies an issue in the pretrial statement, that issue will not be a trial issue and hence will not be decided by the Court. G. Trial and Trial Preparation. 1. Attorneys and the parties shall fully comply with all pretrial orders. 2. Final Declaration of Disclosure. Each party must serve a Final Declaration of Disclosure not later than forty-five (45) days prior to trial and file with the court a Declaration Regarding Service of Declaration of Disclosure. Each party must include all attachments required in the completion of the form. The Final Declaration must be updated prior to trial as necessary. 3. At least five (5) court days prior to trial, the attorneys and parties shall meet and confer in a good faith effort to resolve each of the disputed issues, including but not limited to the following: i. They must discuss their contentions and the specific evidence they intend to produce at trial concerning each issue. ii. They must exchange any appraisals, evaluations or other documents they intend to use at trial. iii. They must jointly mark for identification and receipt into evidence any documents that are to be admitted by stipulation. Documents not relevant or that are unduly burdensome will not be admitted into evidence solely because the parties agree to do so. iv. As to any document for which there is no stipulation, the parties must prepare a joint statement identifying the document and stating the objection. v. Any document that purports to summarize voluminous information that is otherwise admissible must be exchanged with the supporting information such that the opposing party may verify the accuracy of the summary in advance of trial. vi. The parties must discuss possible stipulations on issues and/or evidentiary matters, including foundation and hearsay issues. Any stipulation must be reduced to writing and submitted to the court at the commencement of trial. 4. Each party must submit to the court clerk at least two (2) court days prior to the commencement of trial and in editable electronic form, any proposed property division involving more than ten (10) items. The format provided shall include a formula that determines any equalizing payment. 5. In cases where a party’s non-stipulated exhibits are more than ten (10) in number (excluding stipulated exhibits), the non-stipulated exhibits must be pre-marked for identification, and indexed. In addition to the original document, the proffering party must have a copy for each other party and for the trial judge. 6. Exhibits requiring special handling by the clerk (i.e., physically large exhibits, voluminous exhibits) should be avoided where reasonably practicable, and reasonable alternatives, including summaries, should be considered. The Court will evaluate the admission of proffered large or voluminous exhibits in light of Evidence Code section 352. 7. All parties, counsel and witnesses shall appear at trial in person unless the Court has granted an advance request for remote appearance. Failure of a party or attorney to be present and ready to proceed at the time of trial may result in the court ordering sanctions and/or proceeding in their absence. 8. Unless a party specifically requests to make an opening statement, the Pretrial Statement will serve as such. 9. If a party is requesting sanction-based fees, at the commencement of trial, both parties shall submit to the clerk, in a sealed envelope, that party’s final settlement offer and any response thereto. H. Preparation and submission of judgments. 1. Preparation and submission of judgments and orders. After a trial or hearing, the party directed by the Court must prepare the judgment or order in accordance with the Court’s decision within thirty (30) days and submit it to the opposing attorney/party under the legend “Approved as conforming to the Court’s order”. The proposed judgment or order must comply with Local Rule 5.06(D). If not approved by the opposing attorney or party, the preparing party must submit it to the court with a cover letter explaining why it is submitted without such approval and showing that a copy of the letter has been sent to opposing attorney/party. The parties shall meet and confer in a good faith effort to resolve disputes over language of the judgment and order prior to submitting these disputes to the court. 2. Identification of party. Every judgment or order must state in the upper left-hand corner the name and address of the person who is presenting the judgment or order to the court for signature. 3. Signature in family law actions. The original and one (1) copy of the judgment must be presented to the court clerk, for presentation to the Family Law Department for signature by the appropriate judicial officer, together with: i. The clerk’s file; ii. An original and one (1) copy of a Notice of Entry of Judgment (form FL-190); and iii. A postage-paid envelope addressed to each party. I. Updated fee waiver application. An updated application for fee waiver must be submitted with the proposed judgment if filing fees have not been paid by one or both of the parties. In addition, the Court may review waivers of court fees and require a party to file a current Income and Expense Declarations or application for waiver of additional court fees under the following circumstances: 1. Filing of motions for modification of child or spousal support; 2. Requests for the entry of any order or judgment that awards money or property or allocates debts to any party; or 3. At any other time, the Court deems appropriate. J. The Court may require the payment of previously waived fees as appropriate. (Amended July 1, 2026.) RULE 5.09 MISCELLANEOUS PROVISIONS; SANCTIONS A. Courtesies. Courtesy is required of attorneys and the parties, both to the Court and to opposing parties and attorneys. Courtesy to court staff (including FCS staff) and all witnesses is also required. Courtesy is required at all court proceedings and during all discussions and communications in preparation for court proceedings. Courtesy to court staff includes a requirement that substantial efforts be made to see that all matters are appropriately handled within normal court hours. Courtesy to the court and other litigants requires that the fact, or reasonable anticipation, of a resolution or request for continuance be communicated to the court promptly so that court time may be scheduled accordingly. B. Meet and Confer. 1. Meeting and conferring with the opposing side (attorney or party) is required to be meaningful and not perfunctory. In preparation for a trial or hearing, the parties and/or attorneys must not simply argue positions. Rather, they are required to exchange and inspect relevant documents and information in order that issues may be resolved or facts agreed to by stipulation, and those issues remaining for determination by the Court may be clearly delineated and expeditiously presented to the Court at the time of hearing. Documents and information not exchanged prior to the hearing may not be received in evidence in the Court’s discretion. 2. For evidentiary hearings and trials, the parties and attorneys must comply with the relevant provisions of Local Rule 5.08(H). 3. At the hearing, the attorneys and/or parties must advise the Court what issues have been settled by agreement and what issues remain contested. Failure to comply with the meet and confer rule in good faith may result in dropping the matter from the calendar or imposition of sanctions against the offending person(s). 4. The inability of attorneys to be compatible or communicate effectively is not an excuse for failure to comply with the meet and confer requirements. The professional obligation of attorneys to meet and confer in an effort to resolve disputes is an obligation owed to clients, the court, witnesses, children, other litigants and the entire judicial system. 5. Where both parties are self-represented, and where one or both of the parties are subject to a domestic violence restraining order, it is not the intent of this rule to in any way negate or modify the restraining order. In those cases, the meet and confer requirements are specifically subject to and limited by any such applicable restraining orders. C. Court Reporters. Court reporters are available, with or without fee, as set forth in Chapter 10 of these rules. D. Sanctions. In addition to any other sanctions available under the law, a party or an attorney not complying with these family law rules may be subject to sanctions for non-compliance under Code of Civil Procedure Section 177.5 and 575.2 and Local Rule 5.14. E. Remote Appearances. Pursuant to California Rules of Court, Rule 5.324, remote appearances are permitted in title IV-D hearings and conferences. The procedures set forth in Code of Civil Procedure Section 367.75 and California Rules of Court, Rule 3.672 apply. (Amended July 1, 2026.) RULE 5.09.1 FAMILY CENTERED CASE RESOLUTION (“FCCR”) CONFERENCE Upon the filing of a petition for dissolution, legal separation, nullity, or parentage the Court will issue a Notice of FCCR Conference and calendar the conference 180 days after the filing of the petition. The petitioner shall serve the Notice of FCCR Conference on the respondent with the summons and petition and any other initial papers to be served with the summons and petition or as required by law or California Rules of Court. A FCCR Conference shall continue to be calendared at reasonable intervals until a judgment on all issues has been filed. A. Purpose. The purpose of the FCCR Conference is to evaluate the case, review the status of temporary orders and discovery, identify issues that need to be resolved, and implement a plan for case resolution. At the FCCR Conference, the Court may: o Provide early neutral case evaluation; o Suggest Alternative Dispute Resolution; o Bifurcate issues and set these issues for trial; o Make special referrals such as co-parent counseling; o Order completion of Declarations of Disclosure if they have not been timely exchanged; o Limit, schedule or expedite discovery, including disclosure of expert witnesses; o Appoint joint experts upon stipulation of the parties and order allocation of payment for experts; o File stipulations the parties reach on temporary issues or that narrow the other issues; o Schedule a hearing on issues that are critical to the progress of the case; for example, appointment of minor’s counsel, appointment of experts; o Order a Settlement Conference; o Set the case on a dismissal calendar for failure to serve (Code of Civil Procedure Section 583.210) or failure to adjudicate (Code of Civil Procedure Section 583.310); unless Code of Civil Procedure Section 583.161 applies; o Review other case management options under Family Code Section 2451 with counsel, their clients and self-represented parties; o Take such other actions and make orders regarding case flow management which would tend to promote a just and efficient disposition of the case. B. Status and FCCR Conference Questionnaire (FL-20). At least ten (10) calendar days prior to the Case Resolution Conference, each party shall file with the court and serve on the other party a status and FCCR Conference Questionnaire (FL- 20). Failure to file and serve the Status and FCCR Conference Questionnaire may result in sanctions. If a party has submitted a request to reset and it has been denied the Court shall set a date for submission of the Status and FCCR Conference Questionnaire in the order denying the reset. C. Appearances. Self-represented parties and attorneys of record must appear either in person or remotely at all FCCR Conferences unless excused by the court. The Court, at its discretion and where allowable by law, may require appearances to be made remotely. Represented parties do not need to appear if their attorney of record appears, unless the party received notice from the other party that their appearance is required. Notice of a request for appearance shall be served ten (10) days prior to the FCCR Conference. Notice shall be given by serving form FL-20 and checking the applicable box. If the Department of Child Support Services is a party to the action, their appearance is not required unless requested by the court. Failure to appear at the FCCR Conference may result in sanctions. D. Requests to Reset/Advance/Set FCCR Conference. The parties or their attorneys, if any, may request to reset/advance/set of the FCCR Conference by submitting to the court a proposed stipulation signed by the parties or their attorneys, if any, with a proposed order thereon, at least five (5) calendar days prior to the FCCR Conference. The parties or their attorneys, if any, may not stipulate to a reset/advance/set of the FCCR Conference without order of the court. If the case is progressing to the satisfaction of the court, these requests will be granted. E. Dismissal of Action. If parties fail to appear twice at their respective FCCR Conference or if there is no proof of service of Summons and Petition on file, the case may be set on the Dismissal calendar, pursuant to California Rules of Court, Rule 5.83. F. Drops from the FCCR Conference Calendar. A case may be dropped from the FCCR Calendar if the parties fail to appear at three (3) such calendars. (Amended July 1, 2024.) RULE 5.10 COURT FACILITATOR; ADDITIONAL DUTIES A. As required by the Family Law Facilitator Act, Family Code Sections 10000 to 10012, this Court maintains an office of the Family Law Facilitator. Pursuant to Family Code Section 10005, this Court designates the following additional duties of the Family Law Facilitator if staff and other resources are available and the duties listed in Family Code Section 10004 have been accomplished. The additional duties of the Family Law Facilitator may include the following: 1. Meeting with parties to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Section 10012. Actions in which one or both of the parties are self-represented must have priority. Drafting stipulations to include all issues to which the parties have agreed, including issues other than those specified in Section 10003. 2. Drafting stipulations to include all issues to which the parties have agreed, including issues other than those specified in Section 10003. 3. If the parties are unable to resolve issues with the assistance of the Family Law Facilitator, prior to or at the hearing, and at the request of the Court, the Family Law Facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the judge whether or not the matter is ready to proceed. 4. Preparing formal orders consistent with the Court’s announced order in cases where both parties are self-represented. 5. Serving as a special master in proceedings and making findings to the court unless the Family Law Facilitator has served as a mediator in that case. 6. Providing the services specified in Section 10004 concerning the issues of child custody and visitation as they relate to calculating child support, if funding is provided for that purpose. 7. Assisting the court with research and any other responsibilities which will enable the court to be responsive to the litigants’ needs. 8. Developing programs for bar and community outreach through day and evening programs, videotapes, and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to the family court. These programs must specifically include information concerning underutilized legislation, such as expedited child support orders and preexisting, court-sponsored programs, such as supervised visitation and appointment of minor’s counsel. (Amended July 1, 2026.) RULE 5.11 USE OF FORMS A. Judicial Council Forms. When the Judicial Council has adopted mandatory forms for use in a proceeding, their use is mandatory. Any document not submitted on a mandatory form will be returned to the party submitting it, except when the Judicial Council has added or modified a mandatory form, in which case the Court may allow a grace period following the effective date of the form to allow incorporation of the new forms into commercial forms programs. It shall be the responsibility of the attorneys and the parties to determine, prior to submitting a paper for filing, if a grace period applies. B. Income and Expense Declarations. 1. A current and complete Income and Expense Declaration is required for any trial or hearing in which the financial circumstances of one or more of the parties is relevant. If a party is requesting any financial relief or reimbursement, a current and complete Income and Expense Declaration is required. 2. An Income and Expense Declaration is current if it is less than three (3) months between the filing date and the time of hearing, AND there have been no material changes since the date of filing. An Income and Expense Declaration that is more than three (3) months old MAY be considered current if the party files a declaration showing there has been no change of circumstances since the last filing. 3. An Income and Expense Declaration is complete if all blanks are filled in and all required attachments are attached. Required attachments include, but are not limited to, (i) wage stubs showing year-to-date earnings (or last three (3) pay stubs) for all employment and (ii) a cash flow statement for all self-employment and investment income showing cash received and cash expended. 4. That portion of the Income and Expense Declaration that relates to cash and assets on hand must be fully completed if the relief at issue is permanent spousal support, attorney fees, payment of costs, payment of community obligations, or where it is otherwise relevant. Inserting “unknown” or “TBD” or a similar response is non-compliance with this section. Rather, answers should reflect assets then in the possession of or under the control of the declarant. 5. Income tax returns shall not be attached or filed, except on court order, but the last three (3) year’s state and federal tax returns (either individual or joint) must be produced at the hearing or trial by the party in possession of the same, or any copy. Copies of the returns must be exchanged at least five (5) days prior to the court appearance. 6. If a party is on public assistance, or an application for public assistance is pending, that fact must be disclosed on that party’s Income and Expense Declaration. C. Schedule of Assets and Debts. A Schedule of Assets and Debts (Form FL-142) shall include all attachments required by that form. It is not compliance with this rule to simply list assets in cases in which attachments are required. D. Local Forms. Local family law forms are reproduced in the Appendix I to these rules. Except where otherwise noted in these rules, the use of these forms is suggested, but not mandatory. (Amended July 1, 2014.) RULE 5.12 (REPEALED) (Repealed January 1, 2006.) RULE 5.13 DOMESTIC VIOLENCE ORDERS AND COORDINATION Whenever application is made for a protective order or a custody/visitation order under circumstances in which domestic violence is alleged, the parties and court will adhere to the procedures set forth in Chapter 11 (Domestic Violence Coordination Rules). (Effective January 1, 2004.) RULE 5.13.1 DOMESTIC VIOLENCE RESTRAINING ORDERS (FAMILY CODE SECTIONS 6200-6389) A. Ex Parte Applications. Applications for a Temporary Domestic Violence Restraining Order may be submitted to the court for consideration without notice to the opposing party or their attorney consistent with Family Code Section 6300. The Court may grant such temporary orders solely based upon the sworn affidavit or testimony of the person requesting the order(s). In the event Notice of such requested orders is provided to the other party or their attorney, Notice and Delivery of Applications for Domestic Violence Temporary Restraining Orders, including copies of all documents to be submitted must be provided to the opposing party or attorney by 10:00 a.m. the court day before the application is scheduled to be reviewed by the assigned judicial officer. The pleadings shall be presented to the Civil Division Clerk’s Office by 4:00 p.m. the court day prior to the scheduled review of the pleadings. In the event Notice is provided, Opposition papers may be presented to the Civil Division Clerk’s Office by 4:00 p.m. the court day prior to the scheduled review of the pleadings. A copy of any such opposition papers shall also be served on the opposing party on the court day prior to the scheduled review of the pleadings. Judicial review of the requests for temporary orders shall be conducted Monday through Friday beginning at 8:30 a.m. by a judicial officer designated by the Presiding Judge. Generally, these orders are heard by the judge currently assigned to Department 3 in the Nevada City Branch or Department A in the Truckee Branch unless that judge is unavailable in which case they shall be heard by another judge assigned by the Presiding Judge to hear such temporary orders. Generally, oral argument is not taken and the requests are handled solely upon written application without a court hearing. B. Hearings. Following the issuance or denial of an ex parte domestic violence prevention request, the matter shall be set for hearing unless it clearly sets forth in the pleadings no legal basis for the orders sought. Such hearings shall occur within twenty-five (25) calendar days of the issuance or denial of the temporary domestic violence orders of protection. (Amended July 1, 2022.) RULE 5.13.2 REMOTE APPEARANCES IN DOMESTIC VIOLENCE CASES Any party, support person, as defined in Family Code Section 6303, or witness may appear remotely at the hearing on a petition for a domestic violence restraining order. Any party who seeks to appear remotely and/or have their witnesses or support person appear remotely must provide notice at least two (2) court days prior to hearing to the court clerk at the branch location where the hearing is set. This rule is intended to comply with Family Code Section 6308. (Effective July 1, 2024.) RULE 5.14 CHILD CUSTODY SUPERVISORS A. Nonprofessional Providers who provide supervised visitation services shall file Judicial Council Form FL-324(NP) Declaration of Supervised Visitation Provider (Nonprofessional) FL-324(NP) with the clerk prior to commencing supervised visitation services and shall comply with Family Code Section 3200.5. B. Professional Providers who provide supervised visitation services shall file Judicial Council Form Fl-324(Np) Declaration of Supervised Visitation Provider (Nonprofessional) with the court prior to commencing supervised visitation services and shall comply with Family Code Section 3200.5. (Amended July 1, 2026.) RULE 5.15 DISCRETIONARY DISMISSAL Pursuant to Code of Civil Procedure Section 583.420, the Court may summarily dismiss an action for failing to serve the Respondent within two (2) years after the action is commenced. (Effective July 1, 2022.)
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.