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Chapter 11 (Rules 11.1 to 11.17): the family law and motion calendar and the meet and confer requirement (Rule 11.1); financial issues - a current Income and Expense Declaration and documents exchanged five (5) court days before the hearing (Rule 11.2); hearing dates, preliminary disclosures on FL-141, the calendar call and special sets over 30 minutes (Rule 11.3); motions and orders to show cause, tentative rulings and remote appearances (Rule 11.4); orders after hearing (Rule 11.5); child and spousal support (Rule 11.6); restraining orders on the CLETS form (Rule 11.8); child custody and visitation (Rule 11.9); court-appointed investigators and evaluators, the report generally due within sixty (60) court days (Rule 11.10); mediation of custody and visitation through Family Court Services (Rule 11.11); the family law facilitator (Rule 11.12); the child support commissioner (Rule 11.13); the co-parenting course, the Judicial Council's online “Parenting After Separation” (Rule 11.14); the communication protocol for domestic violence and custody orders (Rule 11.15); supervised visitation providers' FL-324(P) and FL-324(NP) declarations (Rule 11.16); and family law settlement conferences (Rule 11.17).
California > Sixth Appellate District > San Benito County > Superior Court of California, County of San Benito
CHAPTER 11 - DOMESTIC RELATIONS RULE 11.1 - GENERAL RULES a) Types of Actions: The court will hear all non-Title IV-D actions, including orders to show cause, motions, and other requests for relief under divisions 3, 4, 6, 7, 8 or 9 of the Family Code and other domestic relations matters on the family law and motion calendar. b) Meet and Confer Requirement: All parties and all attorneys are required to meet and confer and exchange documents pursuant to California Rules of Court Rule 5.98. Non compliance with this rule may result in (i) the matter being dropped from the calendar or continued; (ii) the rejection of non-exchanged documents into evidence; or, (iii) other sanctions as deemed appropriate by the court. (Eff. 2/1/91) (Rev. 1-1-26) c) Completion of Forms: Parties must file all Judicial Council forms, including attachments as required by CRC and statute, in a timely manner as prescribed by CRC and statute. All blanks on the forms must be answered with a response or “n/a” designation (Eff. 7/1/99 and rev. and renumbered 7/1/99 as indicated) (Rev. 7/1/08) (Rev. 1/1/21) RULE 11.2 - FINANCIAL ISSUES a) Income and Expense Declaration or Financial Statement: The court will not hear a family law matter with financial issues, including child support, spousal support, payment of debts or attorney fees, unless each party to the action has completed, served, and filed in compliance with CRC 5.92 a current (executed within sixty calendar days of the hearing or trial) and accurate Judicial Council Form FL-150 (“Income and Expense Declaration”) or Judicial Council Form FL-155 (“Financial Statement (Simplified)”) In the event there has been no change within the previous sixty calendar days, a party may file with the court a declaration under penalty of perjury to that effect in lieu of a new Income and Expense Declaration or Financial Statement (Simplified) with current verification of earnings or income attached to the declaration. b) Documentation: If the parties have not exchanged current documentation five (5) court days before the scheduled hearing, the parties must exchange the following documents: (i) current wage verification for the prior (3) three-month period and (ii) most recent state and federal income tax returns with W-2 statements. If a party is self-employed, the party must also produce all year-end 1099 forms for the prior year, and a current profit and loss statement and balance sheet of the self-employed party’s business entity. The submitting party may strike confidential information. . 1) When there is a request for order or prior order for additional child support and/or spousal support based upon the parties’ receipt of inconsistent income under In re Marriage of Ostler and Smith (1990) 223 Cal. App. 3d 33, the requested terms or terms of the order may be specified by using the Smith/Ostler Bonus Attachment c) Public Assistance and Temporary Assistance for Needy Families (TANF): A party receiving public assistance benefits must disclose that fact, including appropriate aid and/or Department of Child Support Services identification of file numbers. (Eff. 2/1/91) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) (Rev. 1/1/11) (Rev 1/1/16) (Rev. 1/1/22) (Rev. 1/1/26) RULE 11.3 - HEARING DATE a) Preliminary Disclosures: Before filing an at-issue b) memorandum in a family law matter with financial issues, including child support, spousal support, payment of debts or attorney fees, a party must file with the court a completed Judicial Council Form FL-141 (“Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration”). The completed form must demonstrate that all preliminary disclosures have been made by that party. c) Calendar Call: Initially the court will proceed with a calendar call to inquire from each party the estimated hearing time for a pending matter. The court will determine whether to hear the matter at that time, pass until a later time on that date, or specially set the matter. d) Calendaring: If a matter exceeds 30 minutes, it will be specially set. A family law judge may calendar special sets. If a matter is already set on the law and motion calendar, the request should be made at that time. The parties may also request a special set through a calendared motion. Local Rule 3.4(d)(3) governs continuances of special sets. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 1/1/12) (Rev. 1/1/22) RULE 11.4 - MOTIONS AND ORDER TO SHOW CAUSE a) Service of Papers: Time for service of papers is set forth in Code of Civil Procedure section 1005(b). Hearings of either type will be calendared so that the proper notice is received unless the court grants an order shortening time. If an order shortening time is granted, but there is not sufficient time prior to the hearing to allow preparation, the court may make temporary orders at the initial hearing and continue the matter for further hearing. b) Tentative Rulings: San Benito County uses a tentative ruling system pursuant to CRC 3.1308 in family law matters as stated in Local Rule 10.12. The court will exercise its discretion in determining which cases will have tentative rulings c) Remote Appearances: Remote appearances in domestic relations matters, including those which involve requests for Restraining Orders are governed by Local Rule 10.14 (i)(i)-(x), inclusive. Pursuant to that rule, “Participant” shall also include a support person within the meaning of Family Code section 6303. (Eff. 2/1/91) (Rev. and renumbered 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 7/1/18) (Rev. 1-1-25) (Rev. 7-1-25) RULE 11.5 - ORDERS AFTER HEARING Both parties must complete an order after hearing or stipulation and order to the extent possible before the hearing. The parties must present these documents to the judge at the hearing for final completion and any changes. (Eff. 2/1/91) (Renumbered 7/1/99) (Rev. 7/1/08) RULE 11.6 - CHILD AND SPOUSAL SUPPORT a) Temporary or Permanent Child Support: The court will set temporary or permanent child support pursuant to the Family Code. b) Spousal Support: The court will set spousal support pursuant to the Family Code. (Eff. 7/1/99) (Rev. 7/1/08) RULE 11.7 - RESERVED (Eff. 7/1/99) (Rev. 7/1/08) (Repealed 7/1/20) RULE 11.8 - RESTRAINING ORDERS Any restraining order that involves personal conduct orders, stay away orders, or residence exclusion orders must be submitted to the court on the CLETS form or other approved Judicial Council form. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 7/1/21) RULE 11.9 - CHILD CUSTODY AND VISITATION ISSUES Local Rules 11.10 - 11.14 are adopted in accordance with relevant law and standards of practice for court-connected child custody mediation. (Eff. 7/1/99) (Rev. 7/1/08) RULE 11.10 - APPOINTMENT OF COURT-APPOINTED INVESTIGATOR OR EVALUATOR a) Applicability: In any case in which custody or visitation is in dispute, the court may appoint an investigator and order that a child custody/visitation investigation and evaluation be conducted. The court will appoint an investigator in accordance with CRC 5.220(i), Evidence Code section 730, Family Code section 3110 et seq., and Code of Civil Procedure section 2032.010 et seq. b) Challenges: The court does not allow peremptory challenges for court-appointed investigators/evaluators. c) Withdrawal: A court-appointed investigator/evaluator for purposes of child custody or visitation purposes may withdraw from a case upon filing a petition showing good cause. The court will make the findings after consideration of (i) the petition, (ii) the best interests of the child(ren), and (iii) other relevant factors as determined by the court. d) Ex Parte Contact Prohibited: No party or attorney for a party may initiate contact with a court-appointed investigator/evaluator, orally or in writing, to discuss the merits of the case without (i) notice to the other party and (ii) allowing the other party to be present or to receive a copy of a written communications. Nothing in this rule will prohibit the court-appointed investigator/evaluator from contacting either party or attorney. e) Contact Between Court-Appointed Investigator/Evaluator and Minor Child(ren): It is the policy of the court to rely on the opinion and judgment of court-appointed investigator/evaluator in making determinations as to whether children will be interviewed. The court-appointed investigator/evaluator will justify his or her determinations in each case and will determine under what circumstances the interviews will take place. Except in extraordinary circumstances, including potentially dangerous situations for minor child(ren), minor children will be informed that the information they provide may not remain confidential. When a court-appointed investigator/evaluator sees a minor child(ren) with one parent, he or she must also see that minor child(ren) with the other parent. Interviews with siblings, at the discretion of the investigator, may be separate. Unless ordered by the court, an investigation may not be based on an interview with only one parent. f) Investigation/Evaluation Report: The court must specify the date on which the court- appointed investigator/evaluator must return his or her report. Generally, the report will be due within sixty (60) court days from initial appointment. The written report will be distributed to the court, parties, and counsel in accordance with Family Code section 3111, and will remain confidential and unavailable to all other persons unless otherwise ordered by the court. No person who has access to such a report may make copies of the report or disclose its contents to ANY child(ren) whether or not a party to the action. g) Grievances: Grievances against court-appointed investigators/evaluators will be handled in accordance with Local Rule 2.14. h) Court Rules Regarding Court-Appointed Investigations/Evaluations: When the court orders an investigation or evaluation, the court will give each party a copy of this local rule. i) Payment of Investigator’s/Evaluator’s Fees and Costs: When the court orders an investigation or evaluation, the court will also order the payment of associated fees and costs. If the investigator/evaluator is required to testify in court regarding his or her investigation or evaluation, the court will order the payment of fees and costs related to this testimony. In dividing the fees and costs between the parties, the court may consider Family Code sections 271, 2030, and 2032. If the investigator/evaluator is a contractor with the Court, (i) the Court may order that a party or parties pay all fees and costs, for the investigation or evaluation as well as any testimony, directly to the investigator/evaluator, and (ii) the investigator/evaluator may set his or her own rates and costs for testimony. j) Cross-Examination of Investigators/Evaluators: It is the policy of this court to develop policies and procedures for expeditious and cost-effective cross-examinations of court- appointed investigators/evaluators when necessary. As necessary the court will determine, on a case-by-case basis, whether video and/or telephone conferences or examinations may be used in conducting a cross-examination of a court-appointed investigator/evaluator. All parties must schedule such appearances as directed by the court or as otherwise provided by local rule, statute, or CRC. k) List of Qualified Evaluators: The clerk will maintain a list of qualified evaluators and make this list available to the public upon request. (Eff. 7/1/99) (Rev. 7/1/08) (Rev 1/1/16) (Rev. 7/1/18) (Rev. 1/1/20) (Rev. 7/1/21) RULE 11.11 - MEDIATION OF VISITATION OR CUSTODY ISSUES a) Mediation of child custody and visitation is a program administered by the Office of Family Court Services. Mediation is provided several different proceedings involving the custody and visitation of a minor. These proceedings include: 1) Dissolution and Legal Separation (Family Code section 3170), 2) Stepparent Visitation (Family Code sections 3171, 3172, 3185); 3) Grandparent Visitation (Family Code sections 3171, 3176, 3185); 4) Domestic Violence (Family Code sections 3170, 3181, 3182); 5) Paternity (Family Code sections 3172, 7600 et seq.); 6) Child Support Enforcement (Family Code section 17404); 7) Termination of Parental Rights (Family Code section 7660); and 8) Guardianships (Probate Code section 1500 et seq.). Family Code sections 3170 and 3175 require that when it appears on the face of a petition or application or other pleading for an order or modification of an order that custody, temporary custody, or visitation rights are contested, the matter must be set for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing. The purpose of mediation is the reduction of acrimony which may exist between the parties, the development of an agreement assuring the child's close and continuing contact with both parents, and to effect a settlement of the issue of visitation rights of all parties that is in the best interests of the minor (Family Code section 3161). b) Policy: Mediation services are available to parties when a case is filed with the court. If there is a disagreement over child custody or visitation in any matter before the court, the parties must attend mediation. No mediation will be scheduled if there is no pending matter before the court. c) Referral to Mediation: In all motions or requests for order in which custody or visitation is an issue, the order as described in this rule will be included on the face of the moving papers and must be served with a notice form describing Parent Orientation and mediation, as follows: “Each party is ordered to complete Orientation and schedule Mediation before going to the hearing. The parties will Contact Family Court Services at (831)636-5047 ext. 125 prior to hearing to schedule mediation at the earliest possible time.” Process: So that a mediation may be scheduled, the parties must provide the following information: the case number and number of any related cases (include any domestic violence cases); whether a domestic violence restraining order is in place; the parties’ names, current addresses and daytime telephone numbers; names and addresses of the parties’ attorneys, if applicable, and any information which might affect the scheduling of a mediation session. Upon receipt, the mediator or designee will schedule an initial mediation and notify the parties. Pager numbers are discouraged as a contact number. d) Mediation Process: The mediation service should be consistent and in accordance with California Rules of Court and applicable statute. The mediator must provide information about the mediation process required by California Rule of Court 5.518 (d)(5). The service attempts to resolve custody and visitation problems rather than to provide therapy or counseling. The service does not provide, nor should parties or counsels expect, long-term or on-going counseling regarding child custody, visitation or parenting skills. If the court determines the service provided has gone beyond custody and visitation issues, it may order the parties to reimburse the mediator for the time spent. The mediator may review the court’s file prior to any session. If there is other information or court orders from other jurisdictions that may be helpful to the mediator, the parties should provide copies at the mediation session. Mediation usually requires one or two sessions, with each session lasting about 1 to 2 hours. If the date assigned by FCS is not acceptable, either party may request one rescheduled date for mediation. If a party does not notify FCS of a request to reschedule at least 48 hours before the mediation appointment, that party will be assessed a fee to FCS. The mediation appointment shall be considered a court date at which the parties shall appear. Failure to attend mediation or late cancellation of mediation appointments may result in sanctions. There are no fees for FCS mediation, provided there is a pending custody or visitation motion before the Court. At any time during the mediation process: i. The mediator may recommend to the court that an investigation/evaluation and report be made pursuant to statute and CRC. The court may make such order as it deems appropriate. ii. The court may make temporary orders concerning custody and visitation to govern the parties’ rights and duties until the mediation process is completed. e) Cost of Mediation: There is no initial cost of mediation to the parties for court-provided mediation services. The parties must pay all costs and fees associated with mediation services not provided by the court. The court may contract with mediators who are private practitioners as it deems necessary. f) Further Mediation: The mediator may request that the court continue any scheduled court hearing to complete mediation. The mediator must also advise the court if, in the mediator’s opinion: (i) further mediation would be neither productive nor likely to lead to a settlement, (ii) the mediation cannot be conducted in a safe or appropriately balanced manner, or (iii) any party is unable to participate in an informed manner for any reason, including fear or intimidation. g) At the mediation, if the parties agree to some or all the custody and visitation issues, the mediator shall prepare the written agreement and shall mail copies of the document to the parties and attorneys. The parties may object to the mediated agreement by submitting written objections to FCS, along with proof of service on all attorneys or self-represented parties. i. Objections: Objections shall be in writing and shall include: (i). the specific paragraphs and language to which the party objects; (ii). the reasons for the objections; and (iii). the proposed modified language. If FCS receives no written objections with proof of service within fifteen (15) calendar days from the date of the mailing of the mediated agreement, the agreement will be submitted to the Court for review and signature. Family Court will send a copy of the agreement and order, when signed and filed by the Court, with proof of service to the parties and attorneys. ii. Waiver of Objections Time: In cases without allegations of domestic violence, parties may stipulate to waiving the 15-calendar day period provided for objections and their child custody order will be filed with the court upon completion of the mediation appointment. h) Non-English-Speaking Participants: In the event one or both parties is not fluent in English, the mediation should be conducted by a bilingual mediator or by a mediator with the assistance of an interpreter so the discussion during mediation is satisfactorily understood by both parties. If a party wishes to have an interpreter and is unable to bring his or her own interpreter to the mediation session, he or she should notify the clerk at least five (5) court days before the mediation session, and the court will attempt to provide a reference for non-court supplied interpretation services. The requesting party must pay the interpreter costs prior to the mediation services. i) Communication: No mediator may accept ex parte communications from counsel or any party. Attorneys and parties must not contact the mediator prior to the release of the final report. The mediator must not divulge final recommendations to either party or his or her attorney separately. Final recommendations will be made available in written form to all parties and their attorneys simultaneously, in open court or otherwise, as directed by the judge. j) Confidentiality: Mediation proceedings shall be private and confidential, and the mediator’s notes shall be confidential, except as provided by law. The mediator shall report any reasonable suspicion of child or elder abuse to the proper authorities and may advise the APJ of the same. The mediator may also recommend to the APJ that Minor’s Counsel be appointed. k) Sanctions: The court may sanction parties who fail to participate in mediation in good faith. l) Emergency Orders: The court may appoint a mediator to act as a master mediator. The master mediator may make any emergency order that he or she determines is in the best interests of the child(ren) without making permanent changes to any existing order. m) Separate Mediation in Cases involving Domestic Violence: If there has been a history of domestic violence between the parties or a domestic violence restraining order has been issued, mediation will be scheduled in separate sessions at separate times if ordered by the court or requested under penalty of perjury by the protected party or party who has made an allegation of domestic violence. The time and date of separate mediation sessions are confidential and are not disclosed to the other party. Each party is cautioned not to inform the other party of the time and date set. The mediator must render a written recommendation to the court regarding visitation and custody issues taking into consideration the parameters set by any restraining orders. The protected party may be accompanied by a support person during the mediation session. Until the court adopts the mediator’s recommendation, the parties must follow any interim order regarding custody and visitation. n) Participation of Children: The mediator may interview the children if, in the mediator’s opinion, such an interview is necessary or appropriate. If the mediator interviews a child, the mediator must explain to the child the information set forth in CRC 5.518(d)(6). The parties may not bring the child to any meetings with the mediator unless specific arrangements have been made with the mediator in advance of the meeting. o) Grievance and Change Procedure: Grievances against court-appointed mediators, including requests to change mediators, will be handled in accordance with Local Rule 2.14. (Eff. 2/1/99) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) (Rev. 7/1/18) (Rev. 1/1/20) (Rev. and renumbered 1/ 1 /23.) (Rev. 1/1/24) RULE 11.12 - FAMILY LAW FACILITATOR The office of the family law facilitator was established pursuant to Family Code section 10000 et seq. The family law facilitator must perform the duties outlined in Family Code section 10004 and the following duties: a) Draft stipulations and prepare formal orders consistent with the court’s minute orders when parties are unrepresented, as directed by the court. b) Prior to a hearing at the request of the court, review the paperwork, examine the documents, prepare support schedules, and advise the judge or commissioner whether or not the case is ready to proceed. c) Assist the clerk in maintaining records and the court in research. d) Develop information and referral services to other courts, the community, and governmental programs or services that assist unrepresented parties in conjunction with Family Code section 10004. e) Develop programs for bar association and community outreach through educational programs, visual aids, audio and videotapes, and other innovative means that will assist litigants in gaining meaningful access to family court. f) Perform other services in accordance with statutory and CRC provisions, as may be directed by the court, to further promote equal access and effective judicial process. (Eff. 7/1/99) (Rev. 7/1/08) (Rev. 7/1/18) RULE 11.13 - CHILD SUPPORT COMMISSIONER The office of the child support commissioner was established pursuant to Family Code section 4250 et seq. The child support commissioner must perform the duties outlined in Family Code section 4250 et seq. and the following duties: a) Whenever a party files a pleading seeking to establish or modify a child support order in which enforcement services by the Department of Child Support Services have been requested and a file opened, the matter will be scheduled for hearing before the child support commissioner. Thereafter, the case will be heard by the commissioner or referred to the judge in accordance with Family Code section 4251. b) The child support commissioner may hear contested issues of custody, visitation, and restraining orders provided all necessary Title IV-D matters have priority on the calendar and appropriate funding is available. (Eff. 7/1/99) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 1/1/11) (Rev. 7/1/18) RULE 11.14 - CO-PARENTING COURSE a) Purpose of Co-Parenting Course: The Judicial Council of California offers an online “Parenting After Separation” course through its website. The purpose of the course is to assist parents to understand better their children’s point of view, to learn new ways to help their children through parental separation, to acquire new skills in interacting with their children and the other parent, to reduce acrimony between family members, and to help parents identify when their children may need further assistance in coping with parental separation. b) Completing the Co-Parenting Course: All parties to a family law proceeding in which there are minor children, including actions for dissolution, legal separation, actions to establish paternity, or actions to establish or modify custody or visitation, are encouraged to complete the online course. The court may order a party to complete the online course. If ordered to complete the course, the party must demonstrate completion of the course by submitting to the court a certificate of completion. c) Instructions: The clerk will provide written instructions regarding the course to any party filing pleadings to commence an action or seeking relief of a nature concerning the subject of the course. d) Effectiveness: If the Judicial Council of California stops offering an online “Parenting After Separation” course, this Local Rule 11.14 will cease to be of effect. (Eff. 7/1/01) (Rev. 1/1/02) (Rev. 7/1/08) (Rev. 7/1/18) RULE 11.15 - COURT COMMUNICATION PROTOCOL FOR DOMESTIC VIOLENCE AND CHILD CUSTODY ORDERS a) Court Communication Regarding Restraining Orders: i. All counsel and self-represented parties must disclose to the court all known existing restraining, protective, custody, or visitation orders that are in effect anywhere involving the parties or their children. ii. Any order that permits contact between (i) a party subject to restraining orders or criminal protective orders and (ii) his or her children must contain specific language setting forth the time, day, place, and manner of the transfer of the children, to limit the child’s exposure to potential domestic conflict or violence and to ensure the safe exchange of the children. The order may not contain language that conflicts with a criminal protective order. Safety of all parties is the court’s primary concern. iii. Any court issuing any orders involving child custody or visitation will make reasonable efforts to determine whether a criminal court protective order exists that involves any party to the action. iv. Any court issuing a criminal protective order will make reasonable efforts to determine whether a child custody or visitation order exists that involves any party to the action. b) Modification of Criminal Protective Orders: A court that has issued a criminal court protective order may, after consultation with a court that has issued a subsequent child custody or visitation order, modify the criminal court protective order to allow or restrict contact between the person restrained by the order and his or her children. (Eff. 7/1/08) RULE 11.16 - SUPERVISED VISITATION PROVIDERS a) Professional Providers: Prior to the initial supervised visitation, a professional provider must submit a signed Judicial Council Form FL-324(P) (“Declaration of Supervised Visitation Provider (Professional)”) to the court. A professional provider must submit to the court an updated and signed Form FL-324(P) each time the professional provider submits a report to the court. b) Nonprofessional Providers: Prior to the initial supervised visitation, a nonprofessional provider must submit a signed Judicial Council Form FL-324(NP) (“Declaration of Supervised Visitation Provider (Nonprofessional)”) to the court. c) Submission Process: Providers must submit the required declarations to the Family Law Clerk. The Family Law Clerk will place the declarations and any accompanying reports in the appropriate case file. (Eff. 7/1/21) RULE 11.17 - SETTLEMENT CONFERENCES a) Mandatory And Non-Mandatory: All long cause (more than one (1) day in length) family law trials will be set for mandatory settlement conference by the court. Upon request of both parties and court order, short cause trials (one (1) day or less in length) shall be set for settlement conference. With agreement of counsel and advance permission of the court, litigants and/or their attorneys may attend settlement conferences telephonically. Arrangements shall be made at least five (5) court days in advance. b) Meet And Confer: Counsel shall confer with opposing counsel, or opposing party if that party is unrepresented by counsel, no less than five (5) court days prior to the first date set for settlement conference. Counsel shall inform the court of all issues that can be determined by stipulation and those remaining for determination by the court in the settlement conference statement filed with the court. The settlement conference statement shall also state that the parties have complied with this rule. Non-compliance may result in the matter being dropped from calendar. c) Settlement Conference Statement: i. Service: Settlement Conference Statements shall be served and filed with the clerk of the court no later than five (5) court days preceding the settlement conference hearing. Failure to comply with this rule may result in an award of attorney fees or sanctions pursuant to California Rules of Court, rule 2.30, and Code of Civil Procedure section 575.2. ii. Contents: The statement must set forth the following information as to the party filing, as well as to the opposing party, to the extent known or contended: A. Separate Property: List each item of separate property. If characterization of property is uncontested, list only its current market value. If characterization of property as separate is contested, list the date it was acquired, the 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, and the manner in which title thereto is presently vested. B. Community Property: List each item of community property. If characterization of property is uncontested, list only its current market value and the nature, extent, and terms of payment of any encumbrance against the property. If characterization of property as community is contested, list the date it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent, and terms of payment of any encumbrance against the property, and the manner in which title thereto is presently vested. C. 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 funds, the statement shall fully identify the policy or fund, its present cash value, and any terms or conditions imposed upon withdrawal of such funds. D. Tracing: If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, including dates, values, and dollar amounts, the transactions which form the basis upon which the tracing is to be proven. E. Current Obligations: Separately list all debts and obligations of the parties which constitute liabilities of the community and debts and obligations which are the separate liabilities of the respective parties. Specify the identity of the creditor, the date upon which the debt was incurred, the balance currently due thereon, the terms of payment, and the security, if any, held by the creditor. F. Proposal for Settlement: Set forth a proposal for settlement, including proposals regarding custody, visitation, division of the community property and liabilities, reimbursements, credits, payment of costs, and payment of attorney’s fees. In addition, specify each party's contentions as to the amount and duration of child and spousal support. The purpose of this rule is to promote amicable settlement and thorough preparation of domestic relations matters. Full disclosure of all contested issues will aid the court in suggesting a fair settlement, ease tension between the parties and help to provide a more meaningful resolution. Counsel should confer prior to the time set for settlement conference or trial in order that, to the fullest extent possible, issues can be determined by stipulation and those remaining for determination by the court can be clearly delineated. iii. Declaration of Disclosure: A declaration regarding service of a preliminary declaration of disclosure shall be filed by each party verifying that there has been an exchange of information regarding assets, liabilities and income as required in Family Code sections 2100 – 2110. iv. Current Income and Expense Declaration: A CURRENT income and expense declaration shall be filed concurrently with the settlement conference statement. The parties’ last three (3) months’ earnings and deduction statements shall be attached. (California Rules of Court, rules 5.260(a)(3),5.427(d)(1).) v. Setting at the court’s discretion: At the court’s discretion, settlement conferences, case management conferences, and trial setting conferences may be set by the court. (Adopted Eff. 7-1-247/1/24.)
CHAPTER 11 - DOMESTIC RELATIONS RULE 11.1 - GENERAL RULES a) Types of Actions: The court will hear all non-Title IV-D actions, including orders to show cause, motions, and other requests for relief under divisions 3, 4, 6, 7, 8 or 9 of the Family Code and other domestic relations matters on the family law and motion calendar. b) Meet and Confer Requirement: All parties and all attorneys are requir
Reviewer note: Composed 2026-10-07 (California T4 San Benito build 2026-10-07) from BenchPath custody ca/t4/ca-san-benito/docs/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf (986264 bytes, sha256 9c4e7a2ba809147dfc1da20cd5cfa028e583a5b7f1d08927045c29d2bcf8dbc3; 98 pages; the rule body is pages 7 to 84, composed once and cut at the chapter headings) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California, County of San Benito) and the page numbers removed as chrome; the cover, the table of contents, Appendix A (the list of rules with their dates of adoption or latest revision), Appendix B (the list of local forms) and the index belong to no card; the file's name says redline, but the strike report found no struck text and the book prints no coloured insertions; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fix (whitespace only, read on the page; the proofs hold): a history note printed on two lines set as one. Review note: Rules 11.10(g) and 11.11(o) send grievances to “Local Rule 2.14”, which the 1/1/25 renumbering made Public Access; the grievance procedure for judicial professionals is Rule 2.15 (carded in Chapter 2). Published as printed: Rule 11.3(a) prints “b)” inside its sentence; a history note reads “(Adopted Eff. 7-1-247/1/24.)”.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.