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Rule 11 (Rules 11.0 to 11.16): general rules (Rule 11.0); the Unified Family Court and the matters assigned to the Family Law Division (Rules 11.1 and 11.2); assignment of matters - even numbered cases to Department 403, odd to Department 404, and all matters involving the Department of Child Support Services to Department 414 (Rule 11.3); commissioners and judges pro tempore and forms (Rules 11.4 and 11.5); child custody and visitation - trial setting, minor's counsel, child custody evaluations, parenting coordinators and supervised visitation providers (Rule 11.6); the law and motion and Readiness Calendars - support calculations filed 5 court days before, tentative rulings from 2:00 p.m. the court day before, oral argument by 4:00 p.m., remote appearances and continuances (Rule 11.7); ex parte orders, stipulations, meet and confer, discovery, substitutions and writs of execution (Rule 11.8); the Domestic Violence Calendar - temporary restraining orders (submitted before 10:00 a.m., available after 2:30 p.m.), service, mandatory mediation when there are children in common, and orders after hearing (Rule 11.9); status conferences and trial setting (Rule 11.10); mandatory settlement conferences (statements lodged no later than 10 calendar days before) and judicial settlement conferences (Rules 11.11 and 11.12); trial rules (Rule 11.13); the default and uncontested calendar (Rule 11.14); Family Court Services (Rule 11.15); and alternative dispute resolution (Rule 11.16).
California > First Appellate District > San Francisco County > Superior Court of California, County of San Francisco
11 Family Law 11.0 General Rules. A. California Rules of Court This rule supplements the California Rules of Court. The California Rules of Court may be found on-line at www.courts.ca.gov. B. Electronic Signatures. Signatures on e-filed documents must comply with CRC 2.257. Signatures on documents that are not e-filed must comply with the following requirements. Any party or attorney who electronically signs a document that is Conventionally filed with the Court must either (a) sign the document using an electronic signature that is unique to the signer, capable of verification, under the sole control of the signer, and linked to data in such a manner that if the data are changed, the electronic signature is invalidated or (b) physically sign a printed form of the document before filing and retain the original, signed document to be made available for inspection and copying at the request of the Court or any other party. C. Self-Addressed Stamped Envelopes. For any document filed Conventionally with the Court (including Judgment documents), self-addressed stamped envelopes of sufficient number, size, and postage must be simultaneously submitted for return of endorsed-filed copies of the document. 11.1 Unified Family Court. The Unified Family Court (UFC) consists of four divisions: (1) Family Law; (2) Child Support; (3) Juvenile Dependency; and (4) Juvenile Justice. This rule applies to all matters filed in the Family Law or Child Support Divisions, except where otherwise noted. The Office of the Court Clerk for the Family Law and Child Support Divisions is located in Room 402 of the Civic Center Courthouse, 400 McAllister Street, San Francisco. The Family Law calendar times, court reporter coverage information, as well as information about the Family Law Facilitator and self-help services, are posted online on the Unified Family Court page at https://sf.courts.ca.gov/. 11.2 Matters Assigned to Family Law Division. All matters arising under the California Family Code are assigned to the Family Law Division. 11.3 Assignment of Matters. A. General. Except as indicated below, all cases filed in the Family Law Division are assigned as follows: Even numbered cases are assigned to Department 403. Odd numbered cases are assigned to Department 404. However, if the parties are involved in an existing Family Law case assigned to Departments 403 and 404, any subsequently opened Family Law case involving the same parties will be assigned to the same department assigned to the existing Family Law case. Cases in which the Department of Child Support Services is a part are assigned to Department 414. Cases or Requests for Orders may also be re-assigned to a different department within the Unified Family Court by the Unified Family Court Supervising Judge on the Court’s own motion. B. Child Support Matters Involving the Department of Child Support Services. All matters involving the Department of Child Support Services are assigned to Department 414. C. Child Custody and Child Visitation Matters and Closed Dependency Cases. All matters regarding child custody or child visitation involving a former court dependent initially are assigned to Department 403, 404, or 414. The matter may then be assigned to the Dependency Court of origin. D. Domestic Violence Matters and Open Dependency Cases. Requests for Restraining Orders filed pursuant to the Domestic Violence Prevention Act (Family Code § 6200 et seq.) where the protected party and the restrained party are parents of a child who is an active court dependent will be scheduled in the Dependency Court. E. Family Law Discovery Requests for Order regarding discovery in family court as described in CRC 5.12 are assigned to Department 405A. The court may also assign requests for discovery pursuant to Family Code § 6309 to Department 405A. 11.4 Commissioners and Judges Pro Tempore. Matters filed in the Family Law Division may be assigned to a temporary judge or court commissioner. Except as provided in CCP § 259(e) and Family Code § 4251(b), matters assigned to a court commissioner require that the parties stipulate to the commissioner hearing the matter. If a party refuses to stipulate to having a case heard by a commissioner, the commissioner may hear the matter as a referee. A judge of the Superior Court will thereafter approve, reject, or modify the findings and conclusions of the commissioner. In the absence of the assigned judge or court commissioner, matters may be assigned to a judge pro tempore. Failure to object to a judge pro tempore before the commencement of the proceedings results in a stipulation that the matter may be heard by the judge pro tempore. Unless all parties stipulate to the judge pro tempore, the hearing will be continued to the next available calendar date. 11.5 Use of Judicial Council and Local San Francisco Unified Family Court (“SFUFC”) Forms. All pleadings must be filed on approved Judicial Council forms. In addition, these LRSF require specific local forms. All references to Judicial Council forms appear in capital letters. Local forms are referred to as “SFUFC” Forms and are numbered for reference. Copies of Judicial Council and SFUFC forms are available to ACCESS Customers from the ACCESS Self Help Center of the Superior Court, Room 509, 400 McAllister Street, San Francisco; the Office of the Court Clerk, Room 402, 400 McAllister Street, San Francisco; or, on-line at https://sf.courts.ca.gov/. Judicial Council forms may also be found on-line at www.courts.ca.gov. 11.6 Rules Specific to Child Custody and Visitation Matters. A. Trial Setting. A Court order is required to set child custody and child visitation matters. That order may be requested by the filing of a REQUEST FOR ORDER. B. Communication with Minor Children. Attorneys representing parents in child custody and/or child visitation matters will have no direct contact with the minor children who are the subject of the litigation. C. Participation of Children in Orientation, Mediation and Court Proceedings. Children are not permitted to attend orientation or mediation sessions. A minor may give his or her input to the court, pursuant to CRC 5.250. Consistent with Family Code §3042 and CRC 5.250, children may not be present in the courtroom during proceedings relating to them without prior approval of the Court. D. Investigations by Child Protective Services. A party must inform the court when a Child Protective Services investigation is pending in any county or if a family member with custody or visitation rights is or was involved with Child Protective Services. No permanent order will be made until Child Protective Services completes its investigation and the findings of that investigation are made known to the court. E. Child Abduction Recovery Unit of the District Attorney’s Office (“CARU”). In cases where CARU is asked to locate a party and the child pursuant to the Family Code, the document to be served must contain the following language, “If the Child Abduction Recovery Unit becomes aware of relevant information they reasonably believe might have, had it been known to the Court, affected the nature of this Order, CARU will immediately inform the Court of the information.” This means that CARU will make an ex parte written report to the Court if the investigator obtains information which affects the safety of the child(ren) and that information was not previously available to the court, including requests for a protective custody warrant. F. Incarcerated Parents. An incarcerated parent whose anticipated release date is more than one year away may contact the ACCESS Self-Help Center to obtain information regarding available options for child custody and visitation matters. If an incarcerated parent receives assistance from the ACCESS Self- Help Center in preparing pleadings, that parent must file a Proof of Service of those pleadings within seven calendar days after service is completed. The incarcerated parent must contact Family Court Services immediately after service is completed for instructions regarding special procedures. G. Criminal History Search. Prior to a hearing on a child custody and visitation matter, a designated Court employee will conduct a criminal history search of both parties in the California Law Enforcement Telecommunications System (“CLETS”) to determine the applicability of Family Code §§ 3030(a), (b) or (c); 3031(a); 3041.5(a); 3044(a); 3044(b)(2)(D); 3044(b)(2)(E); 3044(b)(2)(G); and 3044(d)(1). Only the information reportable pursuant to these statutes will be provided to the Judicial Officer hearing the matter. H. Appointment of Counsel for the Child A list or panel of counsel for children qualified for appointment is maintained by the Bar Association of San Francisco’s Lawyer Referral and Information Service (LRIS). 1) Alternative Experience Requirements An attorney has demonstrated substantial equivalent experience pursuant to CRC 5.242(g)(3), if they have been a member of the LRIS Dependency Panel, Class 2 Children Representation or the LRIS Guardianship of Minors Panel for five consecutive years or more and have conducted direct or cross examination of witnesses in at least five contested hearings within the preceding five years. 2) Procedures for Reviewing and Resolving Complaints by Parties against Child’s Counsel. Complaints by a party regarding representation by the court-appointed counsel for a child in the action will be addressed as follows: 1) The party may submit the complaint in writing to the Supervising Judge of UFC. 2) Within ten (10) calendar days of receipt of the complaint, the Court will notify the child’s counsel in writing, enclosing a copy of the complaint. The Court will also inform the complaining party that the complaint has been received. 3) Child’s counsel shall submit a response to the complaint in writing within five (5) calendar days. 4) Based on the complaint and response the Supervising Judge will determine whether or not child’s counsel acted contrary to the Order of Appointment or CRC 5.242, or acted incompetently. 5) If the Court finds that additional information is needed to make a determination, the Court will notify the parties in writing what additional information must be submitted. After receipt of the additional information, the Court will make a determination as set forth in 4 above. 6) Once the Court has made a determination, the Court may reprove minor’s counsel either privately or on the record, and/or take any other action that the Court deems appropriate. I. Child Custody Evaluations and Brief Focused Assessments (BFAs). Custody evaluations and BFAs must be authorized by Court following a Request for Order. 1) Format for Order Appointing a Custody Evaluator. SFUFC Form 11.16-F must be used for all custody evaluation orders and BFA orders in conjunction with Judicial Council form FL-327 (ORDER APPOINTING CHILD CUSTODY EVALUATOR). 2) Attorney Preparation of a Custody Evaluation Order. Any attorney preparing an order or stipulation for a custody evaluation must: a. Use the appropriate forms, per #1 above and obtain the evaluator’s signature on the prepared order whenever possible (a facsimile signature is acceptable); b. Have the order signed by the Court and filed no later than 15 calendar days from the date of the Order; c. Serve endorsed-filed copies on all parties and submit a copy to the Family Court Services Manager or Supervising Mediator and the appointed custody evaluator within five (5) court days of its filing. 3) List of Local Custody Evaluators. Family Court Services maintains a list of custody evaluators who represent that they meet the training and education requirements set forth in CRC 5.225. The court does not purport to recommend the competence of any particular person on this list. The list is intended to provide parties, and their attorneys, with assistance in choosing an appropriate child custody evaluator. Parties are free to choose a custody evaluator who is not on the court’s list. 4) Status Review. The Court expects custody evaluations to be completed within six (6) months from the date an evaluator is selected. The Court may set periodic Status Review dates to ensure that the custody evaluation process is moving forward appropriately. a. At a Status Review, the Court can issue further orders, including sanctions, against any party who has failed to cooperate with the evaluator. b. If the Status Review is not set at the time of the Order Appointing Custody Evaluator, then the parties and evaluator will be notified of the date either orally or in writing by the court. c. The custody evaluator’s presence at the Status Review date regarding the non-cooperation of parties is waived, although the Court may require the evaluator to be available by phone. d. If all parties agree that the evaluation process is proceeding appropriately, the Status Review date may be vacated by written stipulation of the parties and the evaluator. 5) Information from Children. The Court relies on the judgment of appointed experts, including custody evaluators, in making decisions about when, how often, and under what circumstances children are interviewed. The expert must be able to justify the strategy used in any particular case. Prior to any interview, the expert will inform the child that the information provided by the child will not be confidential. 6) Service of Custody Evaluations on Attorneys, Self-Represented Parties, and Family Court Services (“FCS”.) By the deadline specified in FC 3111, custody evaluators must serve copies of the custody evaluation, including Form FL-328, on the attorneys and any self-represented parties. Custody evaluators must also serve the original custody evaluation, including Form FL-328, on the Supervising Mediator or FCS Manager. The original custody evaluation will be kept in a confidential file maintained by FCS. 7) Limitations on Dissemination of Custody Evaluations and Sanctions. A custody evaluation is confidential. No person who has access to, or receives a copy of, the evaluation or any part of it, may distribute it without prior Court order. Nothing in the evaluation can be disclosed to any other person without prior Court approval. Use of the evaluation is limited to the pending litigation. The evaluation must not be filed with the Court as an independent document or as an attachment to any other document filed with the Court. In no event may any of the information contained in the custody evaluation, or access to the evaluation, be given to any child who is the subject of the evaluation. Substantial sanctions may be imposed by the Court for inappropriate use of the evaluation report, or any information contained in it. 8) Duty to Meet and Confer after receipt of Custody Evaluation. The attorneys and parties must meet and confer within ten (10) court days of having received, or had the opportunity to read, the evaluation. The duty to meet and confer does not apply where neither party is represented and there is an active Domestic Violence Restraining Order in place. 9) Other Post Custody Evaluation Procedures. If, after having met and conferred, the parties are unable to resolve all of the outstanding issues, the parties must contact the clerk of the courtroom in which the Child Custody Evaluation was ordered to arrange for the matter to be set on the next available Trial Setting Calendar in the assigned Department or Department 405, depending upon the anticipated length of the long cause hearing. At the Trial Setting Calendar, parties may request a Judicial Settlement Conference (see LRSF 11.12). Unless otherwise ordered by the Court, the parties will attend each of those post evaluation procedures scheduled by the Court. The attorneys, parties, custody evaluator, and an attorney and/or psychologist who have not been involved in the case may each be included in these procedures, as the Court may decide. The parties, or their attorneys, must notify the court if the issues of the case have been resolved prior to any scheduled post-evaluation procedure and provide a date by which their stipulation will be submitted to the court. Fees for the custody evaluator’s participation in any post evaluation processes must be paid by the parties prior to the evaluator’s scheduled appearance as set forth in the Custody Order and/or the Evaluator’s fee agreement. 10) Challenge of an appointed custody evaluator. No peremptory challenge of a custody evaluator will be allowed. Parties may strike the use of a specific evaluator during the selection process. Parties may object to the conclusions of the custody evaluation when it is submitted to the Court and may bring other appropriate expert testimony to object to the custody evaluator’s conclusions. 11) Complaints about a Custody Evaluator. a. For purposes of this process, “action” means the family law proceeding wherein the custody evaluator was appointed by the Court. b. A party to the action, including a guardian ad litem, and any counsel appointed to represent a minor may file a complaint about the performance of a custody evaluator. c. A party who wishes to complain about the performance of a custody evaluator must submit a written complaint to the Supervising Mediator or Family Court Services (“FCS”) Manager, and mail a copy to all counsel, self-represented parties, and the custody evaluator. d. The evaluator may submit a written response to the complaint. The response must be mailed to all counsel, any self-represented parties and the Supervising Mediator or FCS Manager. e. If the Supervising Mediator or FCS Manager cannot resolve the issue, the complaint and any written response will be given to the Supervising Judge of the UFC for possible action. The decision of the Supervising Judge of the UFC, which may include removal of the evaluator from the Court’s list of child custody evaluators, will be final. 12) Right of an evaluator to withdraw. No evaluator may withdraw prior to the completion of a custody evaluation absent a Court order. 13) Deposition of an evaluator. Deposition of a custody evaluator appointed pursuant to Evidence Code § 730 may be obtained only by Court order. 14) Custody evaluation as evidence. Family Code §3111(c) governs admissibility of child custody evaluations. 15) Cross-Examination of Evaluator. To provide for expeditious and cost-effective cross-examination of evaluators as required by CRC 5.220(k), the judge may permit the child custody evaluator to testify remotely. J. Parenting Coordinators. Family Court Services maintains a list of Parenting Coordinators whose services are available to assist families in co-parenting and to assist them in the resolution of issues related to child custody and visitation. 1) This list is comprised of professionals who state that they are competent to provide this service. There is no other requirement for inclusion on this list. The Court does not purport to recommend the competence or qualifications of any particular person on its list. 2) Any agreement to utilize the services of a Parenting Coordinator must be in writing and signed by all parties, their attorneys, the Parenting Coordinator and the assigned judicial officer. K. Coparent Counseling. Coparent counseling is a service provided by a licensed mental health professional retained by the parties with the goal of improving collaboration between parents in caring for their children. The Court may order coparent counseling under Family Code § 3190 for not more than one year, or the parties may stipulate to coparent counseling. Coparent counselors are not temporary judges. Coparent counseling is subject to Evidence Code § 1014. Absent a waiver under Evidence Code § 912, information from coparent counseling may not be provided to the Court. L. Professional Supervised Visitation Providers. Family Court Services maintains a list of Professional Supervised Visitation Providers whose services are available to assist families in co-parenting and to assist them in the resolution of issues related to supervised visitation. This list is comprised of individuals who have declared under penalty of perjury in a Declaration of Supervised Visitation Provider (Professional) (FL- 324(P)) that they meet the qualifications and training requirements set forth in Family Code § 3200.5. The Court does not purport to recommend or certify the competence or qualifications of any provider on its list. 1) In order to be included on the Professional Supervised Visitation Provider List, Professional Supervised Visitation Providers must submit to the Supervising Mediator of Family Court Services a Declaration of Supervised Visitation Provider (Professional) (FL- 324(P)). 2) Professional Supervised Visitation Providers must submit to Family Court Services an updated Declaration of Supervised Visitation Provider (Professional) (FL-324(P)) no later than January 15th annually to remain on the Supervised Visitation Provider List. 3) If a Professional Supervised Visitation Provider is ordered by the Court to produce a supervised visitation report, the Professional Supervised Visitation Provider must lodge the report and an updated Declaration of Supervised Visitation Provider (Professional) (FL-324(P)) with the Supervising Mediator of Family Court Services and send copies of the report to all parties, their attorneys, and the attorney for the child. Whenever a Professional Supervised Visitation Provider lodges a supervised visitation report with the Court, the Professional Supervised Visitation Provider must also simultaneously submit to the Supervising Mediator of Family Court Services an updated Declaration of Supervised Visitation Provider (Professional) (FL-324(P)). M. Nonprofessional Supervised Visitation Providers. 1) If either party requests a Nonprofessional Supervised Visitation Provider to supervise visitation between a party and a child, at least 10 calendar days prior to the hearing at which appointment of a supervised visitation provider is at issue, the requesting party must file and serve on all other parties in the case a Declaration of Supervised Visitation Provider (Nonprofessional) (FL-324(NP)) completed and signed by the proposed Nonprofessional Supervised Visitation Provider. 2) Within 15 calendar days following the appointment of a Nonprofessional Supervised Visitation Provider, the Nonprofessional Supervised Visitation Provider must review the Guide for the Non-Professional Provider of Supervised Visitation (located here: https://www.courts.ca.gov/documents/Guide-Nonprofessional-Booklet.pdf) and the Nonprofessional Supervised Visitation Provider must file and serve on all other parties in the case a Declaration of Supervised Visitation Provider (Nonprofessional) (FL-324(NP)) if this form was not filed and served prior to the appointment. 11.7 Law and Motion and Readiness Calendars. Parties may file a REQUEST FOR ORDER involving child custody and visitation and financial matters. The Court will schedule these matters as follows: 1) Matters involving only child custody and visitation will be scheduled on the Readiness Calendar; 2) Matters involving only financial issues will be scheduled on the Law and Motion Calendar; 3) Matters involving both child custody and visitation issues and financial issues first will be scheduled on the Readiness Calendar; at the Readiness Calendar, the Court will set hearings for both the custody and visitation and the financial matters. A. Pleadings. Pleadings must comply with CRC 5.92. 1) Requirements in Child Custody and Visitation Matters. a. Optional Declaration Form. San Francisco Superior Court has created SFUFC Form 11.7-A for optional use in child custody proceedings. Parties are encouraged to use this form as it provides pertinent information for the judicial officer. b. Disputed Paternity. Any and all paternity disputes must be raised in initial moving and responsive pleadings. c. Submission of Medical, Psychological, or Educational Reports. Medical, psychological, or educational reports concerning a minor child must not be attached to filed pleadings. A party intending to rely on such reports at the Law and Motion hearing must lodge a copy with the courtroom clerk and to all parties no later than five calendar days before the scheduled hearing. 2) Requirements in Financial and Other Matters. a. Support Cases. See CRC5.260. b. Support Guidelines. Title IV-D proceedings are heard in Department 414. For non-Title IV-D proceedings, the court utilizes the Xspouse™ program. In all child or family support actions involving the Department of Child Support, the court utilizes the Department of Child Support Services’ Guidelines Calculator Program, and all calculations submitted in Title IV-D proceedings must use that program. For spousal support calculations, the default used by all Departments is the Santa Clara schedule. If either party seeks a Court order regarding child support or spousal support, each party must file and serve a STATEMENT OF SUPPORT CALCULATIONS that sets forth the party’s assumptions with regard to gross income, tax filing status, timeshare, add-on expenses, and any other factor relevant to the support calculation. Each party must file and serve that STATEMENT OF SUPPORT CALCULATIONS no later than 5 court days prior to the hearing. Except in Department 414 hearings involving the Department of Child Support Services, parties are encouraged to use the Xspouse™ program. c. Custodial Time Share. The Court will determine on the evidence presented the actual average annualized timeshare percentage in calculating guideline child support. However, in the event the Court is not provided with any evidence of the actual timeshare, the Court will use an assumption of 20 percent visitation time with the non-custodial parent in calculating guideline child support. The Parent/Child Time Sharing Percentages listed below may be used in calculating guideline child support, in addition to similar charts which are part of the Judicial Council approved child support software. Time Sharing Arrangements Days % 1 weekend per month 24 7 1 extended weekend per month 36 10 2 weekends per month 48 13 1 weekend per month + 1 evening per week 50 14 Alternate weekends 52 14 Alternative weekends + 2 weeks per summer 67 18 Alternative weekends and ½ holidays + 2 weeks per summer 69 19 (If Custodial Parent has 2 weeks over summer too, then) 67 18 2 extended weekends per month 72 20 Alternate weekends + 1 evening per week 78 21 Alternate weekends + 1 overnight per week 104 28 Alternate extended weekends 78 21 Alternate weekends and ½ holidays + 4 weeks per summer (with alternating weekends continuing in summer, and makeup if weekends lost due to the 4 weeks) 77 21 Alternate weekends and ½ holidays + 4 weeks per summer (with no alternating weekends all summer) 75 21 Alternate weekends and ½ holidays + ½ summer (with or without alternate weekends in summer) 82 22 Alternate extended weekends +1 evening per week 104 28 Alternate extended weekends +1 overnight per week 130 36 Alternate weekends and ½ holidays, 1 evening per week, + 4 weeks summer (with alternating weekends continuing in summer, and makeup if weekends lost due to the 4 weeks) 103 28 Alternate weekends and 1 evening per week when school is in session, + ½ school vacations 104 28 Three days per week 156 43 First, third, and fifth weekends 56 15 First, third, fifth, extended weekends 84 23 First, third, and alternate fifth weekends 52 14 First, third, alternate fifth extended weekends 78 21 Definitions Weekend 6 pm Friday - 6 pm Sunday (2 days) Extended Weekend School closing Fri. – school opening Mon. (3 nights, 2 days) 1st & 2nd; or 2nd & 4th Weekends Same as 2 weekends per month 1st & 3rd, & alternating 5th Weekends Same as Alternate Weekends Afternoon After school until evening without dinner (1/4 day) Evening After school/after dinner (1/2 day; 1 evening per week = 26 days per year) Overnight School close mid-week/School opening next day (1day)(1day; 1 overnight per week = 52 days per year) Holidays New Year’s, President’s Day, Easter, Memorial Day, Mother’s Day or Father’s Day, July 4, Labor Day, Thanksgiving (2 days)(Christmas, (1/2 holidays = 5 days per year) Summer 10 weeks (70) days; some schools may vary, such as those using an all year calendar School Vacations Summer, 2 weeks Christmas, 1 week spring, (13 weeks/year; ½ vacations = 45.5 days per year, not counting subtraction of Non-Custodial Parent’s ordinary alternate weekend and mid-week visits and Custodial Parent’s cross visits) d. Exchange of Financial Documents. No later than the date by which a party’s moving or responsive pleading is due, that party must provide to the other party: 1. copies of all supporting documentation upon which that party intends to rely at the Court hearing; and 2. a copy of the most recent individual income tax return (with any Social Security Numbers redacted), and (if the hearing is scheduled between February 1 and the date the party’s tax return is filed) copies of all W-2 forms, 1099 forms, K-1’s and other forms reflecting receipt of income during the previous year (with any Social Security Numbers redacted). e. Required Supplemental Documentation. In all proceedings where financial issues are disputed, each party must serve on the opposing party and either electronically lodge through a Vendor (as defined in LRSF 2.11) or conventionally lodge (in a confidential envelope) the following additional financial information and documentation (unless they have previously been submitted): copies of the party’s two most recent state and federal income tax returns and all K-1’s for those years; documentation of all income of the filing party since the period covered by his/her most recent tax return (including W-2’s, 1099’s and K-1’s); copies of the two most recent federal income tax returns filed by any entity in which the party has or has had a 25% or greater interest within the past two years, together with statements of current income and expenses and current assets and liabilities of each such entity. A wage-earning or salaried employee must provide his/her two most recent pay stubs, as well as year-end paystubs for the immediately preceding year. A self- employed party must provide his/her most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business. i. These materials must be served and lodged no later than the dates by which the parties’ responsive and reply pleadings are due. ii. All materials lodged pursuant to this Rule may be returned to the submitting party upon request at the conclusion of the hearing unless ordered to be retained by the Court. Such records are confidential and may not be used for purposes other than court proceedings. Parties must comply with Family Code § 2102. In all family law matters in which there are no pending writ petitions or appeals, the Court will destroy all unclaimed lodged materials 60 calendar days after the hearing without further notice to the parties. f. Modifications of a Judgment. A post-judgment REQUEST FOR ORDER requesting a modification of the judgment or any modification to it must include a copy of the judgment as an exhibit. g. Request for Attorney’s Fees. See CRC5.427. h. Request for Expert’s Fees. Any request for expert’s fees must be accompanied by a factual declaration completed by the expert. The declaration must state the expert’s hourly rate, the scope of the expert’s task, and an estimate of the number of hours required to complete the task. i. Deviations from Guideline Child Support or Temporary Spousal Support. Unless otherwise allowed by the Court, if a party contends that the amount of support as calculated under the guideline formula is inappropriate, that party must file a declaration stating the amount of support alleged to be proper and the factual and legal bases justifying a deviation from guideline support. In its discretion, for good cause shown, the Court may deviate from the amount of guideline support resulting from the computer calculation. With regard to deviations from guideline child support, see CRC 5.260(b). 3) Proposed Orders. All parties must Conventionally lodge with the Court and serve on the other party a proposed order no later than 5 court days before the hearing. This Rule does not apply to Child Support matters heard in Department 414. 4) Service of Pleadings. A REQUEST FOR ORDER, responsive pleadings, and reply pleadings must be served on the opposing party pursuant to CCP § 1005 unless an order shortening time has been obtained. A post-judgment REQUEST FOR ORDER must be served pursuant to Family Code § 215. 5) Update Declaration. When a review hearing is set, at least 10 calendar days prior to the review hearing (unless the Court specifies a different deadline), both parties may file and serve an update declaration (not to exceed 5 pages in length, not including exhibits) updating the Court with any new and relevant information since the last hearing date. Failure to file a timely update declaration may result in the Court removing the matter from calendar. 6) Failure to Serve Pleadings. See CRC 5.94(c) and Rule 5.14. 7) Late Pleadings. See CRC 5.94(c) and Rule 5.14 B. Child Custody and Visitation Matters: Readiness Calendar. A REQUEST FOR ORDER which includes a request for child custody and/or visitation orders must be set on the Readiness Calendar. At the Readiness Calendar hearing, the Court will set a mediation date and a court date to follow the mediation session. Parties must attend the Readiness Calendar Orientation program immediately upon conclusion of the Readiness Calendar, unless otherwise exempt pursuant to LRSF 11.7 (C)(1)(b). 1) Entry of Substantive Orders. Generally, if both parties appear, the Court will not enter substantive orders at the Readiness Calendar hearing. However, the Court may, in its discretion, hear the matter if an emergency exists. The Court may consider a request for temporary orders or may instruct the party seeking such orders to file an ex parte motion. 2) Non-Appearance by Moving Party. If only the responding party appears at the Readiness Calendar, the matter ordinarily will be taken off calendar and no Court orders will be entered. If the responding party has requested affirmative relief in a filed RESPONSIVE DECLARATION TO REQUEST FOR ORDER, the Court may grant the requested relief. 3) Non-Appearance by a Responding Party. If only the moving party appears at the Readiness Calendar and the Court finds that the responding party was properly served, the Court may grant appropriate relief at the Readiness Calendar hearing. If service is not proper, the Court may order a reissuance of the REQUEST FOR ORDER or continue the REQUEST FOR ORDER to a future Readiness Calendar. 4) Remote Appearance by Telephone or Video. See LRSF 11.7(D)(4) below. 5) Request for Judicial Settlement Conference. See LRSF 11.12. C. Child Custody and Visitation Matters: Requirement to Attend the Readiness Calendar Orientation and Mediation. 1) Readiness Calendar Orientation Session. Orientation sessions are conducted immediately following the Readiness Calendar. Parties must proceed from the Readiness Calendar to orientation. Parties should be prepared to stay until noon to complete this orientation. Interpreters may not accompany parties to orientation. a. Failure to Attend Readiness Calendar Orientation Session. If either party fails to attend the Readiness Calendar orientation prior to their scheduled mediation session, the mediation session may be cancelled. Parties must then appear at their scheduled court hearing. The Court may sanction the party who failed to complete orientation and/or mediation. Sanctions may include, but are not limited to, monetary fines, denial of relief sought, dismissal of the REQUEST FOR ORDER, entry of substantive orders, or contempt. b. Exemption from Attendance at Readiness Calendar Orientation Session. Only those parties who completed the Readiness Calendar orientation within two years prior to the mediation session are exempt from attending this orientation. The Court may also exempt a party from attending Readiness Calendar orientation if exceptional circumstances exist, such as the party does not speak English or Spanish or the parties have attended more than six private mediation sessions within the prior year. Attendance at a mandatory Domestic Violence Calendar Orientation does not exempt parties from attending Readiness Calendar orientation. Any exemption from attending Readiness Calendar orientation does not exempt a party from attending mediation. 2) Required Mediation. All parties must participate in mediation before the Court will hear the matter. The first mediation session of the case will be confidential mediation. The Court may order that non-confidential mediation services be provided after the conclusion of a confidential mediation. a. Confidential Mediation. The mediator conducting a confidential mediation will not make a report or recommendation to the Court except as follows: 1. Child at Risk. The mediator is required to make a report to Child Protective Services if the mediator believes a child is at risk of child abuse or neglect. 2. Threats of Death or Bodily Harm. The mediator is required to report death threats or threats of bodily harm made to a party, any other person or to themselves. 3. Recommendations for Appointment of Attorney for Child. The mediator may recommend that the Court appoint an attorney to represent any child involved in a custody or visitation proceeding. 4. Recommendations for Custody Evaluation. The mediator may recommend that the Court order a custody evaluation. 5. Non-Agreement of the Parties. If the parties do not reach an agreement on any or all of the pending issues, the mediator will prepare a brief disposition memorandum that identifies issues of agreement and issues of disagreement. This memorandum will be submitted to the Court prior to the Court date. Copies of the memorandum will be provided to all parties and to their attorneys. b. Attendance and Participation of Parties. The Court may sanction any party who fails to attend and participate in good faith in the mediation. Sanctions may include, but are not limited to, monetary fines, denial of relief sought, dismissal of the REQUEST FOR ORDER, entry of substantive orders, or contempt. c. Attendance and Participation of Attorneys in Mediation. Prior to mediation, attorneys, including minor’s attorneys, must meet and confer in an effort to resolve the parties’ disagreements. Attorneys may participate in mediation at the discretion of the mediator. Counsel must give all other counsel at least twenty-four (24) hours notice of their intent to attend a mediation session. d. Attendance and Participation of Interpreters in Mediation. A neutral person who is fluent in both English and the party’s native language may interpret for a party in mediation if there is no mediator available to conduct the mediation in that party’s native language. In no case may a minor child of the parties serve as an interpreter. e. Agreement of the Parties. If an agreement is reached in mediation, the mediator will prepare a written agreement. Attorneys will have an opportunity to review and approve, or disapprove, of the agreement. If the agreement is approved by the parties and their attorneys, the agreement will be presented to the Court for approval and will become a Court order once signed by the Court. f. Mediator May Not Be Witness. The confidential mediator may not be called as a witness at future Court hearings regarding any matter discussed during confidential mediation. D. Court Hearings. 1) Hearing Dates. a. Child Custody and Visitation Matters. A REQUEST FOR ORDER involving child custody or visitation, including those filed in cases assigned to Department 414, will first appear on the Readiness Calendar in Department 403 or 404. At the Readiness Calendar, parties will be assigned dates for Mandatory Mediation and a subsequent Court hearing. The Court hearing date (and not the Readiness Calendar date) shall be used to calculate the time for filing the responsive and reply declarations. b. Financial and Other Matters. A REQUEST FOR ORDER involving non-custody or non-visitation issues will be assigned a date for Court hearing upon filing. c. Child and Spousal Support Matters Involving the Department of Child Support Services. All issues of child or spousal support in which the Department of Child Support Services is involved are heard in Department 414. 2) Non-English-Speaking Parties. Information regarding interpreter services for non-English speaking parties is posted at https://sf.courts.ca.gov/. 3) Hearing Procedures. a. Tentative Rulings. Pursuant to CRC 3.1308(a)(1) this Court has established a tentative ruling procedure for family law cases set on the Law-and-Motion/Child-Custody-and-Visitation (“short cause”) calendars. In any matter appearing on a short cause calendar, the moving party must attach a copy of the Tentative Ruling Instructions to any Order to Show Cause or Request for Order. Copies of the Tentative Ruling Instructions are available in Room 402, at the ACCESS self-help center, or online at http://webapps.sftc.org/ufctr/ufctr.dll. The moving party’s Proof of Service must indicate that the Tentative Ruling Instructions have been served or the hearing may be continued on the Court’s own motion or on the request of the party who was not properly served. b. Obtaining Tentative Rulings. Parties may obtain tentative rulings beginning at 2:00 p.m. on the court day preceding the scheduled hearing by visiting the court’s website at http://webapps.sftc.org/ufctr/ufctr.dll, by calling (415) 551-3637, or by emailing the courtroom clerk. Family law cases that are designated as confidential by California law will not be posted online. Tentative rulings in those matters may be obtained by telephone from Court staff at (415) 551-3637. Parties to cases designated as confidential by law must provide the Court with an email address to which the Court may deliver tentative rulings. c. Oral Argument. If a party wants to present oral argument, the party must notice all other parties and contact the courtroom clerk in which the matter is calendared (Dept 403 (415) 551-3741; Dept 404 (415) 551-3744; and Dept 414 (415) 551-3756) by 4:00 p.m. on the court day preceding the scheduled hearing with a notation that the opposing party has been notified. Notice to opposing parties may consist of a phone call or email explaining that argument is being requested. It is not necessary to speak with counsel or parties directly. If you are protected by a restraining order or if the other party is protected by a restraining order, do not contact the other party to tell him or her that you intend to appear at the hearing. You only need to contact the Court. However, you are permitted to contact an attorney representing the other party. Unless the Court and all parties have been notified of a request to present oral argument by 4:00 p.m. on the court day preceding the scheduled hearing, no oral argument will be permitted except by order of the Court. If oral argument is not requested, the tentative ruling shall become the order of the Court. 4) Remote Appearance by Telephone or Video. a. Log-in Instructions. Instructions to appear remotely in family law and child support departments using the Court’s designated remote appearance platform will be provided at the time of filing a Request for Order, Notice of Motion, Responsive Declarations, or other conference notice. Instructions to appear remotely may also be obtained by emailing the departmental clerk. Departmental email addresses as well as instructions for remote appearances can be found on the Court’s website at https://sf.courts.ca.gov/divisions/unified-family-court. b. Procedure for Remote Appearances. Parties and attorneys are authorized to appear at a hearing in-person or remotely by video or telephone using the Court’s designated remote appearance platform, unless the Court requires an in-person appearance. As used in this section, “hearing” includes hearing, conference, trial or other proceeding. It is not necessary for a party or attorney to file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance. However, if a witness intends to appear remotely at an evidentiary hearing, the party calling that witness must either: i. submit a proposed Stipulation containing an agreement for a witness to appear remotely at least one court day prior to the date upon which the witness will be testifying; or ii. file and serve on all other parties at least 15 court days before the first day of the hearing a NOTICE OF REMOTE APPEARANCE (form RA- 010) and deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (form RA-020) to the clerk of the department in which that hearing will be held. If a party’s hearing or conference is scheduled at 8:30 a.m. and appearance is by video or telephone, the party must be continuously connected to the Court’s designated remote appearance platform from 8:20 a.m. until 12:00 p.m. or until the party’s hearing is concluded. If a party’s hearing is scheduled at 9:00 a.m. and that party is appearing by video or telephone, that party must be continuously connected to the Court’s designated remote appearance platform from 8:50 a.m. until 12:00 p.m. or until the party’s hearing is concluded. If a party’s hearing is scheduled at 1:30 p.m. and that party is appearing by video or telephone, that party must be continuously connected to the Court’s designated remote appearance platform from 1:20 p.m. until 4:30 p.m. or until the party’s hearing is concluded. Failure to comply with this rule may result in the Court proceeding with the hearing as if the party failed to appear. For information and instructions regarding remote appearances in child support hearings in Department 414, please see “Information on Title IV-D Remote Appearances in Department 414” posted on the court’s website at https://sf.courts.ca.gov/divisions/unified-family-court. c. Procedure for Objecting to a Remote Appearance. A party may oppose a remote appearance by another party or witness at an evidentiary hearing or trial. To oppose a remote appearance by another party or witness at an evidentiary hearing or trial, a party must file and serve an OPPOSITION TO REMOTE PROCEEDINGS AT EVIDENTIARY HEARING OR TRIAL (form RA-015) and deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (form RA-020) to the clerk of the department in which the evidentiary hearing or trial will be held by the deadlines set forth in CRC 3.672(h)(3). 5) Court reporting services. The Court will provide a certified short-hand reporter for any hearings involving contempt of court or the Domestic Violence Prevention Act. Other times and departments with assigned court reporters are listed at https://sf.courts.ca.gov/divisions/court-reporters. For all other hearings, parties may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter. 6) Order of Cases. The Court will determine the order in which cases on the Law and Motion Calendar are heard. Generally, the Court will give priority to matters in which a settlement has been reached. An attorney or self-represented party may be sanctioned for falsely representing that a settlement has been reached in order to attain calendar priority. 7) Non-Appearance of a Party. a. When Tentative Ruling requires the appearances of the parties: If the moving party does not appear when the Law and Motion Calendar is called, the matter will ordinarily be removed from the Court calendar unless affirmative relief related to the original REQUEST FOR ORDER was requested by the responding party in a filed RESPONSIVE DECLARATION TO REQUEST FOR ORDER. If the responding party does not appear when the Law and Motion calendar is called, the Court will proceed to hear the matter only if the responding party has been properly served. b. When a substantive Tentative Ruling is issued: If neither party appears, the Tentative Ruling may be adopted by the Court. If only one party appears, the Court will not allow that party to argue unless, no later than 4:00 p.m. on the court day before the hearing date, that party informed the Court Clerk and gave notice to the other party of the intention to appear and present oral argument. 8) Agreements to Continue or Vacate Hearing Dates. If all parties agree to continue a hearing scheduled on the Law and Motion or Readiness Calendar, by 12:00 p.m. three court days prior to the scheduled hearing, at least one party must email the courtroom clerk in the department in which the matter is calendared (with all other parties copied on the email) stating whether the parties have an agreement to vacate or continue the hearing. Departmental email addresses can be found on the Court’s website at https://sf.courts.ca.gov/divisions/unified-family-court. Only two continuances per motion will be granted based upon an agreement between parties. Further continuance requests will be granted only upon the appearance of the parties at the scheduled Court hearing and a showing of good cause. 9) Stipulated Orders. See LRSF 11.8(C). 10) Findings And Order After Hearing. See CRC 5.125 and CRC 5.14. Counsel who is directed to prepare the Findings and Order After Hearing in the Tentative Ruling must serve the proposed order on the other party for approval. If Tentative Ruling requires parties’ appearances and one party does not appear, counsel for the party present may submit the proposed order directly to the Court without other party’s approval. The proposed order must repeat the Tentative Ruling verbatim. 11.8 Other Procedures. A. Ex Parte Orders. Ex parte orders may be obtained under certain circumstances. The Court will not grant an ex parte REQUEST FOR ORDER that seeks to change child custody or visitation orders absent a very strong factual showing of imminent danger or severe detriment to the child. 1) Temporary Restraining Orders in Matters of Domestic Violence. For procedures on how to obtain an ex parte Temporary Restraining Order pursuant to the Domestic Violence Prevention Act, see LRSF 11.9. 2) Requests For Emergency Orders (Ex Parte Orders) a. Requests for Emergency Orders; Application; Required Documents. See CRC 5.151 To comply with CRC 5.151(c)(4) a party must include proof of timely notice to the other party on DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION, FL-303. b. Requirements for Notice. See CRC 5.165. c. Submission of Papers. To schedule an ex parte hearing, a party must call the Office of the Court Clerk at (415) 551-3906. The clerk will provide the party with an available date. Pleadings in support of the ex parte REQUEST FOR ORDER, including the NOTICE OF DECLARATION (FL-303), must be conventionally filed in the Office of the Court Clerk no later than 1:00 p.m. on the court day prior to the ex parte hearing. d. Service of Pleadings. The party seeking ex parte relief must provide copies of all documents in support of the ex parte REQUEST FOR ORDER to the other party no later than 10:00 a.m. on the court day prior to the ex parte hearing. In extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party, the Court may waive this requirement. For ex parte applications filed in Departments 403, 404 and 405, any response to the Request for Order must be filed and served no later than 11:00 a.m. on the day of the ex parte hearing. e. Hearing Dates. Departments 403, 404, 405, 405(A), and 414 hear ex parte requests daily. f. Hearing Procedures. The Court may decide the ex parte request on the pleadings. The Court, in its sole discretion, may conduct some or all of the ex parte proceedings in open Court, or on the record. In the event the court needs further information from the parties, the parties must be available to appear on the date and time set for the ex parte hearing, and may appear either in person or remotely using the Department's Zoom link. 3) Other Orders Not Requiring Notice. Requests that the Court sign the types of orders listed herein do not require notice to the other party. Proposed orders, appropriate fees, and copies with self-addressed stamped envelopes must be delivered to the Office of the Court Clerk. Requests for the following types of orders may be obtained without notice or Court appearance: a. Order to Show Cause without request for temporary orders; b. Reissuance of Order to Show Cause; c. Order to Withhold Income for Child Support based upon an existing child support order (that is not being enforced by the Department of Child Support Services “DCSS”); d. Application for Modification of Wage Assignment (that is not being enforced by DCSS); e. Wage Assignment based upon an existing spousal support order (that is not being enforced by DCSS); f. Restoration of a former name; g. Order for Service by Publication or Posting; h. Stipulation by the parties; i. An order or judgment after a default Court hearing (with service as required by CRC 5.125(b)(2)); j. An order or judgment that the other party or opposing counsel approved; and k. Application for Fee Waiver. B. Use of P.O. Box or “In Care Of” Addresses on Pleadings. A party seeking to use a P.O. Box or “In Care Of” address on a pleading must complete and file a declaration, using SFUFC Form 11.9-A (for P.O. Box) or SFUFC Form 11.9-B (for “In Care Of” address), indicating that the party understands the service requirements set forth in CCP § 1013 and that by failing to provide a physical address, the opposing party may not be able to comply with such requirements. The declaration must state that the party agrees to accept service at the P.O. Box or “In Care Of” address on the pleading. C. Stipulated Orders. A stipulated order is an agreement of the parties that is accepted and ordered by the Court. A stipulated order must be in writing and signed by both parties and their attorneys, if either or both parties are represented. If an agreement is reached prior to a scheduled Court hearing, at least one party must notify the respective courtroom clerk via departmental inbox (departmental email addresses can be found on the Court’s website https://sf.courts.ca.gov/divisions/unified-family-court ) at least one (1) court day prior to the scheduled hearing. Failure to notify the Court that a scheduled hearing will not proceed may result in the imposition of sanctions. Stipulations not presented to the courtroom clerk at or before the time of a hearing may be submitted to the clerk’s office. D. Child Support Stipulations. All stipulations establishing or modifying child support must be submitted on a STIPULATION TO ESTABLISH OR MODIFY CHILD OR FAMILY SUPPORT AND ORDER form (FL-350). All stipulations for child support below the guideline amount must contain the acknowledgment required pursuant to Family Code § 4065(a)(5) and (c). The Court will not sign any stipulation that is not submitted with a CHILD SUPPORT CASE REGISTRY FORM (FL- 191) completed for each party. Where DCSS is involved, approval as to form of all stipulations regarding child support must be obtained from DCSS prior to submission of the stipulation to the Court. E. Meet and Confer Requirements; Document Exchange. See CRC 5.98. F. Discovery Issues. Contested discovery issues are heard in the Family Law Division. See CRC 5.12. G. Substitutions of Attorney. If there is an attorney of record or limited scope attorney, and a party or an attorney other than the attorney of record files a REQUEST FOR ORDER or Responsive Pleading, then prior to the hearing the party or new attorney must file a SUBSTITUTION OF ATTORNEY-CIVIL or a Motion seeking removal of the attorney of record. If there is no attorney of record and an attorney files a REQUEST FOR ORDER or Responsive Pleading, then prior to the hearing the attorney must file a SUBSTITUTION OF ATTORNEY-CIVIL. In both circumstances, if the party or attorney seeks to file any document other than those listed above, the attorney or party must file a SUBSTITUTION OF ATTORNEY-CIVIL prior to filing the documents. The Court may not grant any affirmative relief, including continuances, absent the filing of the SUBSTITUTION OF ATTORNEY-CIVIL or an Order granting removal of the attorney of record. H. Applications for Writs of Execution. A party seeking to apply for a Writ of Execution must file and serve a REQUEST FOR ORDER before the Court will issue the writ. This rule applies in all family law departments, including child support cases pending in Department 414. Parties seeking a Writ of Execution to enforce a support order in Department 414 must file and serve (on all other parties in the case, including the Department of Child Support Services) the NOTICE TO LOCAL CHILD SUPPORT AGENCY OF INTENT TO TAKE INDEPENDENT ACTION TO ENFORCE SUPPORT ORDER (FL-645) simultaneously with filing and serving the REQUEST FOR ORDER. 11.9 Domestic Violence Calendar. A. Ex Parte Application for Temporary Restraining Order. An application for a temporary restraining order pursuant to the Domestic Violence Prevention Act must file the following forms as applicable: DV-100: REQUEST FOR DOMESTIC VIOLENCE RESTRAINING ORDER DV-101: DESCRIPTION OF ABUSE (optional form) DV-105: Request for CHILD CUSTODY AND VISITATION ORDERS (required only if the parties have minor children in common) DV-108: REQUEST FOR ORDER: NO TRAVEL WITH CHILDREN (optional in cases if the parties have minor children in common) DV-109: Notice of Court Hearing DV-110: Temporary Restraining Order (CLETS-TRO) CLETS-001: Confidential CLETS Information Form In addition to the mandatory forms above, parties may file Local Form: SF UFC- 0183/CIV-033: DECLARATION REGARDING RESTRAINED PARTY’S FIREARM(S), FIREARM PARTS, AMMUNITION, AND / OR BODY ARMOR If a party submits a completed request for a TEMPORARY RESTRAINING ORDER before 10:00 a.m., the Court order will be available after 2:30 p.m. that same day. If a party submits a completed request after 10:00 a.m., the Court order will be available after 2:30 p.m. the following court day. B. Service of Temporary Restraining Order. It is the responsibility of the party seeking the restraining order to have the party against whom the restraining order is sought personally served with copies of all the filed Court documents, including the Temporary Restraining Order. These documents must include notice of the date, time, and place of the Court hearing. Service must be accomplished by a person who is 18 years of age or older and not a party to the restraining order action. The person who is requesting issuance of the restraining order cannot serve the person against whom the restraining order is sought. The person who completes service on the party against whom the order is sought must thoroughly complete a DV- 200: PROOF OF PERSONAL SERVICE form. The completed DV-200 form may be filed in the Office of the Court Clerk before the scheduled hearing or may be brought to the hearing by the party seeking to have the restraining order issued. The Court cannot hear a matter or enter an order on a request for a restraining order without a completed DV-200 form or, in the case of personal service completed by a law enforcement officer, a completed proof of personal service form utilized by that officer’s agency. C. Reissuance of Temporary Restraining Order for Failure to Timely Serve Restrained Party In the event that personal service cannot be completed prior to the date ordered in the NOTICE OF COURT HEARING, (DV-109), the party seeking the restraining order may request that the Court reissue the TEMPORARY RESTRAINING ORDER. The party unable to effect service must appear at the Court hearing and request additional time to serve the restrained person or may request reissuance of a TEMPORARY RESTRAINING ORDER by filing a DV-115: REQUEST TO CONTINUE COURT HEARING form in the Office of the Court Clerk. A reissuance must be requested before the expiration of the TEMPORARY RESTRAINING ORDER. If the reissuance request is not submitted by 10:00 a.m. one day prior to the expiration of the TEMPORARY RESTRAINING ORDER and the party requesting the restraining order fails to attend the Court hearing, the TEMPORARY RESTRAINING ORDER will be automatically dissolved. D. Reapplication for Temporary Restraining Order. If the party seeking a restraining order fails to obtain a DV-116: ORDER ON REQUEST TO CONTINUE COURT HEARING prior to the expiration of a TEMPORARY RESTRAINING ORDER and fails to attend the Court hearing to request such a reissuance, in order to obtain protection, the party seeking a restraining order must file and serve a new request including all completed forms previously filed. E. Hearing Procedures. The remote appearance rules set forth in LRSF 11.7(D)(4)(a), (b), and (d) apply to domestic violence hearings, except that witnesses and support persons may appear remotely at the hearing under Family Code § 6308 without first filing a NOTICE OF REMOTE APPEARANCE (RA-010). If a party’s hearing is scheduled at 8:30 a.m. and that party is appearing by video or telephone, that party must be continuously connected to the Court’s designated remote appearance platform the Court’s designated remote appearance platform from 8:20 a.m. until 12:00 p.m. or until the party’s hearing is concluded. F. Children in Common: Mandatory Mediation. If the person seeking the restraining order and the person against whom the restraining order is sought have minor children in common, Court orders must be entered regarding custody and visitation of the children. If both parents appear in Court, they will be ordered to participate in a domestic violence-related orientation and mediation conducted by Family Court Services. Current procedures for orientation and mediation are posted on the Court’s website at https://sf.courts.ca.gov/divisions/unified-family-court. G. Criminal History Search. Prior to a hearing on a REQUEST FOR DOMESTIC VIOLENCE RESTRAINING ORDER pursuant to the Domestic Violence Prevention Act, a designated court employee will conduct a search in the California Law Enforcement Telecommunications System (“CLETS”) to determine whether the party against whom the restraining order is sought has a prior restraining order, a violation of a restraining order, or a criminal history as specified in Family Code § 6306. The CLETS search will include a search of the databases set forth in Family Code § 6306(a). The employee conducting the search will submit to the judicial officer hearing the matter a written memorandum containing only information reportable pursuant to Family Code § 6306. All additional provisions of Family Code § 6306 will apply, including but not limited to the provisions regarding judicial use of the information, confidentiality and destruction of information, and the parties’ access to the information. H. Restraining Order After Hearing. The person requesting issuance of a restraining order must complete a DV-130: RESTRAINING ORDER AFTER HEARING (CLETS-OAH)(ORDER OF PROTECTION) form and bring the completed form to the restraining order hearing. If, after the hearing, the Court grants a restraining order, the Court will immediately sign the DV-130. Failure to provide a completed DV-130 form to the Court at the time of the hearing may result in a delay in transmittal of any restraining order issued to the appropriate law enforcement agency. I. Service of Restraining Order After Hearing. If a person against whom a restraining order is requested is properly served with notice of the Court hearing and fails to appear, the Court may enter the restraining order as requested. If the RESTRAINING ORDER AFTER HEARING is issued with the same terms and conditions as the TEMPORARY RESTRAINING ORDER the person against whom the order is entered may be served with the RESTRAINING ORDER AFTER HEARING by U.S. Mail. If the Court issues a RESTRAINING ORDER AFTER HEARING with different terms and conditions from those contained in the TEMPORARY RESTRAINING ORDER, the person against whom the restraining order is issued must be personally served with the RESTRAINING ORDER AFTER HEARING. J. Dismissal or Modification of Restraining Order. The court will dismiss or modify restraining orders issued under the Domestic Violence Prevention Act only upon noticed motion and after a court hearing. The court will not sign stipulations for dismissals or modifications of these restraining orders absent a hearing. 11.10 Dissolution Matters: Status Conference Calendar and Trial Setting. A. Purpose of Status Conference. The purpose of the Status Conference is to allow the Court to review the status of a case with all parties, determining the next steps required to reach disposition, and setting dates for Mandatory Settlement Conference, Judicial Settlement Conference and/or trial. B. Status Conference Dates. The Court will schedule a Status Conference upon the filing of a FAMILY LAW AT-ISSUE MEMORANDUM, SFUFC Form 11.11 and the required Declaration. All parties must have been served with process or have appeared. The Court may also set Status Conferences or family centered case resolution conferences as part of the family centered case resolution process under CRC 5.83. The Court may set a family centered case resolution conference at the request of a party. Parties may make only one change to the date of any Status Conference or family centered case resolution conference by stipulation in compliance with LRSF 11.10(F). The stipulated date must be a date on the regular Status Conference calendar and not more than three (3) weeks from the date scheduled by the Court; or (if the Court cannot accommodate a date within three weeks) the Court’s next available date. C. Filing of Status Conference Statement. Each party must file a STATUS CONFERENCE STATEMENT, SFUFC Form 11.12 no later than ten (10) calendar days before the scheduled Status Conference. All other parties must be served with a copy. D. Appearances at Status Conference. All parties must appear at the Status Conference. Parties may appear through counsel. Counsel appearing on behalf of a party who is not appearing must have full authority to resolve any issues that may arise at a Status Conference including the setting of dates for trial. The Court, in its discretion, may enter the non-appearing party’s default or Judgment at the time of the Status Conference if one party fails to appear at the Status Conference. The orders contained in the Judgment may be contrary to the interests of the absent party. E. Trial Setting. At any Status Conference, the Court may set a Mandatory Settlement Conference. Following the Mandatory Settlement Conference, the Court will also set either a trial date or a date for Status Conference at which the trial date will be set. The Court may, in its discretion, set the matter on the trial setting calendar in Department 405 if the hearing is estimated to be longer than ten hours in duration. If the matter is set on the Trial Setting Conference Calendar in Dept. 405, Trial Setting Conference Statements (SFUFC Form 11.10-E) must be filed and served at least 5 court days prior to the calendar. F. Continuances. A Status Conference may be continued only with approval by the Judge in the department to which the case is assigned or the Supervising Judge of the Unified Family Court. Such approval may be requested by written stipulation of the parties without hearing, but the Status Conference shall not be continued unless and until the stipulation and order is signed by the Court. Any such request for continuance of a Status Conference must be submitted no later than 5 calendar days prior to the date set for the Status Conference. If the request for continuance is granted, the party seeking the continuance must provide notice to all other parties within three calendar days of obtaining the new date. A continuance may require payment of a Court fee by the party seeking the continuance. All orders previously made by the Court remain in full force and effect pending the entry of new or different orders at the scheduled hearing. 11.11 Dissolution Matters: Mandatory Settlement Conference. A. Purpose of Mandatory Settlement Conference. Settlement Conference Officers will encourage resolution of contested financial issues by compromise. A Mandatory Settlement Conference is not mediation under Evidence Code §1115 (see Evidence Code §1117(c)). If all issues are not settled at the Mandatory Settlement Conference, it will serve to define and limit the issues for trial. Absent a showing of good cause, the Court will not set more than one Mandatory Settlement Conference in any case. Mandatory Settlement Conferences are not intended to address custody, visitation, parenting time, or domestic violence issues. B. Mandatory Settlement Conference Officers. Settlement Conferences are supervised and directed by one or more experienced family law attorneys who are assigned only for the purpose of the Settlement Conference. As permitted under CRC 2.812(c)(3)(D), Settlement Conference Officers are neither temporary judges nor Special Masters. As a result, Settlement Conference Officers are not subject to the requirements of CRC 2.812 through 2.819. Settlement Conference Officers may not have ex parte communications with the Judge presiding over the matter. Parties must attend and participate in the Mandatory Settlement Conference in good faith. In open court, Settlement Conference Officers may inform the Court of either party’s conduct during the settlement process. Settlement Conference Officers assigned by the Court may not accept any payment for serving as Settlement Conference Officers on the assigned case at any time. C. Setting of Mandatory Settlement Conference. Mandatory Settlement Conference dates are set at a Status Conference. All parties and attorneys are expected to attend and participate in the entirety of the Mandatory Settlement Conference. D. Wait List for Earlier Date. At the Status Conference any party may request that the case be placed on a waiting list for an earlier Mandatory Settlement Conference date or set the case for a Judicial Settlement Conference. The following procedure applies to such requests: 1) The party seeking an earlier date must complete the REQUEST FOR EARLIER MANDATORY SETTLEMENT CONFERENCE DATE form, SFUFC Form 11.13. If both parties request an earlier date, only the party who filed the FAMILY LAW AT-ISSUE MEMORANDUM, SFUFC Form 11.11 must complete the form. 2) If an earlier date becomes available, the clerk will call the party on Friday, one week before the available date. 3) The party requesting the earlier date must notify the other party to determine the other party’s availability. If both parties are available, the party requesting the earlier date must call the clerk at (415) 551-3744 by Monday at 12:00 p.m. 4) Parties scheduled for an earlier date under these procedures must submit their MANDATORY SETTLEMENT CONFERENCE STATEMENTS by 4:00 p.m. on the Wednesday preceding the Mandatory Settlement Conference. If both parties fail to submit a MANDATORY SETTLEMENT CONFERENCE STATEMENT by this time, the matter will be dropped from the Mandatory Settlement Conference Calendar. E. Mandatory Settlement Conference Statement. Deadline and Method for Submission. A MANDATORY SETTLEMENT CONFERENCE STATEMENT must be lodged (and not filed) with the Court and served on all parties no later than 10 calendar days before the Mandatory Settlement Conference. MANDATORY SETTLEMENT CONFERENCE STATEMENTS must be lodged in one of the following manners: 1) submitting the statement to the filing window in Room 402 of the Civic Center Courthouse; or 2) placing the statement in the drop box in the Civic Center Courthouse; or 3) mailing the statement to the Court or emailing the statement to the Court at UFCMSC@sftc.org. If both parties fail to timely submit a MANDATORY SETTLEMENT CONFERENCE STATEMENT, the case will be removed from the calendar. If the case is removed from the calendar, the parties will be required to file a new FAMILY LAW AT-ISSUE MEMORANDUM and pay any applicable filing fees. Failure of one party to submit a MANDATORY SETTLEMENT CONFERENCE STATEMENT will not result in the Court automatically removing the matter from the calendar. However, the Court may sanction a party who fails to timely submit a MANDATORY SETTLEMENT CONFERENCE STATEMENT. Financial Disclosure Requirements. Each party must serve their PRELIMINARY DECLARATION OF DISCLOSURE and all materials related thereto and file a DECLARATION REGARDING SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE on or before the date they submit their MANDATORY SETTLEMENT CONFERENCE STATEMENT. On or before the date of submission of their MANDATORY SETTLEMENT CONFERENCE STATEMENT, each party must also serve a FINAL DECLARATION OF DISCLOSURE or otherwise fully augment any preliminary declarations of disclosure previously served, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability. Failure of either party to comply with these requirements may result in the Mandatory Settlement Conference being removed from calendar, which will require the parties to file a new FAMILY LAW AT-ISSUE MEMORANDUM and pay any applicable filing fees. 1) Content of Mandatory Settlement Conference Statement. A MANDATORY SETTLEMENT CONFERENCE STATEMENT must contain all of the following: a. Statistical Facts. Include the date of the marriage; the date of separation; the length of the marriage in years and months; the number of children of the marriage; the ages of children of the marriage; the ages of the parties; any issues arising from the interpretation of the statistical facts; factual basis for any dispute regarding the statistical facts. b. Brief Summary of the Case. c. Stipulated/Uncontested Issues. State any issues that are not before the Court due to prior resolution. d. Statement of Issues in Dispute. State the nature of any issues that have not been previously resolved, including a brief statement of all relevant facts pertaining to each issue. e. Statement of Facts re: Support. If child support is at issue, each party must provide an analysis of guideline child support. If spousal support is at issue, each party must provide a statement of statutory factors pursuant to Family Code § 4320 upon which the request for spousal support is based. f. Proposed Property Division. Parties must include a spreadsheet summarizing property division which lists each asset and debt, estimated and actual values, and a proposal regarding division and assignment of each asset and debt. Parties may generate this spreadsheet using a property division software program such as CFLR Propertizer™. g. Declaration in Support of Attorney’s and/or Expert’s Fees and Costs. A party requesting attorney’s fees and/or expert’s fees must state the amount of fees incurred to date, the source of payment for fees already paid, and the amount of fees due and payable. Requests for fees in excess of $2,000 must include a factual declaration completed by the attorney or expert. A request for costs must be supported by a declaration stating the nature and amount of costs incurred. h. Verification Regarding Compliance with Disclosure Duties: Any party who has not filed a DECLARATION REGARDING SERVICE OF FINAL DECLARATION OF DISCLOSURE, must include in the Mandatory Settlement Conference Statement a written verification that they have fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability. i. Appraisals and Expert Reports. Include a brief statement summarizing the contents of any appraisal or expert report to be offered at trial. Attach full copies of all appraisals and expert reports to be offered at trial. j. Witness Lists. Attach a list of all witnesses to be called at trial and a brief summary of their testimony. Include the name, business address, and statement of qualifications of any expert witness. k. Legal Argument. Include any legal arguments upon which a party intends to rely with references to the numbered paragraph of the SETTLEMENT CONFERENCE STATEMENT to which the legal arguments apply. F. Statement of Last Demands and Proposal for Resolution of All Issues. 1) Service. On or before the Mandatory Settlement Conference, each party must provide a statement to the Settlement Conference Officers setting forth both: the latest demands and offers between the parties; and a written proposal for resolution of all issues. This statement must be served on the other party but must not be filed with the Court. The proposal must set forth a proposed resolution for each disputed issue. 2) Contents. If child support is in dispute, the proposal must include a guideline support calculation. Parties are encouraged to include a spreadsheet generated by a property division software program such as CFLR Propertizer™. 3) Separate Confidential Proposal. In addition, each party may provide a separate, confidential written proposal for resolution of all issues to the Settlement Conference Officers without serving that separate proposal on the other party. G. Meet and Confer Requirements. The parties must meet and confer in good faith, in person or through remote technology, no later than two court days before the Mandatory Settlement Conference in an attempt to resolve issues, stipulate to facts, and delineate the issues remaining for resolution at the Mandatory Settlement Conference. H. Settlements. The Court will be available to accept any settlement agreements reached by 11:45 a.m. during the Mandatory Settlement Conference. The parties must make arrangements with the court clerk for settlements reached after 11:45 a.m. All parties, and their attorneys, must sign any stipulated judgments resulting from the Mandatory Settlement Conference. Stipulated judgments resulting from a Mandatory Settlement Conference and put on the record at the time of the Mandatory Settlement Conference must be submitted to the Department in which the Mandatory Settlement Conference was calendared. Attorneys for each party must bring to the Mandatory Settlement Conference the means to memorialize a settlement agreement in a manner sufficient to support a motion under CCP § 664.6. I. Trial Issues To Be Addressed Following Mandatory Settlement Conference. At the conclusion of the Mandatory Settlement Conference, the parties must be prepared to advise the Court of the outstanding issues, the time estimate for a trial on those issues, and whether the issues could be bifurcated or resolved in a manner other than trial. The Court may preclude a party from raising any issue at trial that was not asserted at the Mandatory Settlement Conference. J. Continuances. A Mandatory Settlement Conference may be continued only with approval by the Court. Such approval may be requested by written stipulation of the parties without hearing, but the Mandatory Settlement Conference will not be continued unless and until the stipulation and order is signed by the Court. It is the responsibility of the party seeking the continuance to provide written notice to all parties of the new date within three calendar days of obtaining that date. A continuance may require payment of a Court fee by the party seeking the continuance. 11.12 Judicial Settlement Conference. Judicial Settlement Conferences may be scheduled at the Court's discretion, both on the Court's own motion and on request of the parties. Unless the Court orders otherwise, for a Judicial Settlement Conference, parties must provide a Judicial Settlement Conference Statement that contains the information set forth in LRSF 11.11 section E and abide by the procedures in LRSF 11.11 sections E through J. 11.13 Trial Rules. For the purpose of this rule, a trial means any hearing set by the Court as a trial or a long-cause hearing. A hearing set in Department 414 or on a short-cause/law-and-motion calendar in Departments 403, 404, 405A, or 414 is not a trial. Parties may request a trial at a hearing on a short-cause/law-and-motion calendar or following a Mandatory Settlement Conference. The trial department, in its discretion, may modify the following requirements. A. Expert Witness Disclosure. If a party retains an expert after the Mandatory Settlement Conference or if the trial is set by Department 403, 404, 405A, or 414 as a long-cause hearing, that party must provide the name, business address, and summary of qualifications of that expert to the other party no later than thirty court days before trial. The written report of a testifying expert must be delivered to the other party no later than twenty court days before trial. A party seeking to rely upon expert testimony at trial must make that expert available for deposition by the other party at a mutually acceptable time at least ten court days prior to trial. Failure to comply with these provisions may result in an order precluding the expert witness’ testimony at trial. All of the above dates are calculated from the initial trial date. In the event that the trial date is changed, the dates for exchange of expert information are not changed unless the court orders an earlier or later date of exchange. B. Continuances. There will be no continuances of trials, including stipulated continuances, except for good cause shown. C. Filings. The meet and confer requirements in this section do not apply if neither party is represented by an attorney and there is a restraining order in effect prohibiting such contact. 1) Courtesy Copies. Parties must provide courtesy copies of all filings related to the trial in compliance with LRSF 2.7. 2) Proposed Order After Hearing. Five (5) calendar days before hearing, each party must lodge with the Court and serve on all parties a proposed order after hearing. Any attorney submitting a proposed order to the court must also submit an electronic version (Microsoft Word) of the proposed order by email to the clerk in the assigned trial department. 3) Trial Briefs. Parties must comply with CRC 5.394. 4) In Limine Motions. In limine motions must be served and filed 5 calendar days before trial. Any opposition to in limine motions must be personally served and filed no later than the date of the hearing. Courtesy copies of any in limine motions and oppositions thereto must be provided to the Court in compliance with LRSF 2.7. Failure to comply with this rule may preclude the bringing of motions in limine at the time of trial, subject to the Court’s discretion. 5) Deposition Testimony. Parties must meet and confer re any deposition testimony to be used at trial (other than for impeachment). Parties must lodge with the court any designations and counter-designations of deposition testimony no later than 5 calendar days before trial. 6) Proposed Exhibits and Witness Lists. Parties must file and serve with the Court a list of proposed exhibits and a list of each witness expected to be called (except for rebuttal witnesses), along with a brief statement of the expected area of testimony and a time estimate for direct, no later than 5 calendar days before trial. Upon request by any other party, a party must make available any proposed exhibits for inspection and copying no later than 10 calendar days before trial. 7) Testimony Submitted by Declaration. Parties must meet and confer re any testimony to be submitted by declaration at trial. Parties must lodge with the Court both the declarations and the stipulations covering those declarations no later than 5 calendar days before trial. 8) Trial Exhibits and Stipulations. Parties must meet and confer re any documents or things to be admitted into evidence at trial by stipulation no later than 10 calendar days before trial. Parties must lodge with the court both the exhibits and the stipulations covering those exhibits no later than 5 calendar days before trial. Unless subject to such a stipulation, all exhibits must be individually marked, identified, and offered into evidence at trial. Parties must bring to trial hard copies for the bench, opposing counsel, and themselves in addition to the item to be marked and retained by the clerk. Unless otherwise ordered, exhibits will be marked in the order in which they are introduced into evidence during trial. 9) Requests for Judicial Notice. Parties must lodge with the Court any documents of which they request the Court take judicial notice no later than 5 calendar days before trial. The Court recommends that any such documents be submitted to the Court in a single tabbed, indexed binder. Parties should contact the clerk of the department in which the matter will be heard to determine whether the Court will accept an electronic copy on media such as a thumb-drive in lieu of hard copies. D. Document Retention. Within the time for filing a notice of appeal, each party must retrieve any exhibits and deposition transcripts introduced at the hearing. The Court will return the exhibits and deposition transcripts to the party who introduced the exhibit or deposition transcript. Each party must maintain and preserve any exhibits or deposition transcripts until 60 calendar days following final determination of the action, including any appeals, and must make such records available to the court reporter on request during that time. Any exhibits or deposition transcripts unclaimed within the time for filing a notice of appeal will be destroyed by the Court at its sole discretion. 11.14 Default and Uncontested Calendar. A. Procedures Applicable to Default and Uncontested Judgments. (See also LRSF 2.11 as well as E-Filing FAQs and E-Filing Special Instructions on the Court's website) Except where a judgment was entered in open court or submitted by the Department of Child Support Services, all requests for JUDGMENT OF DISSOLUTION, JUDGMENT OF LEGAL SEPARATION, JUDGMENT OF NULLITY, JUDGMENT RE: ESTABLISHMENT OF PARENTAL RELATIONSHIP (UNIFORM PARENTAGE) AND JUDGMENTS ON A PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN must be submitted by declaration pursuant to Family Code § 2336. The Court may act upon all requests without a Court hearing. 1) Possible Actions. The Court will do one of the following: a. Sign the proposed judgment; b. Request further documentation or proof and suspend the file pending the party’s submission of the requested documentation or proof; If the moving party does not respond to the Court’s request within 30 calendar days, the matter will be taken off calendar and a new DECLARATION FOR DEFAULT or DECLARATION FOR UNCONTESTED JUDGMENT must be submitted in order to obtain Court action on the request. c. Require a hearing and notify the moving party by letter of the process for obtaining a hearing date; If the moving party does not seek to set a hearing date within 30 calendar days or fails to appear at the hearing, the matter will be taken off calendar and a new DECLARATION FOR DEFAULT or DECLARATION FOR UNCONTESTED JUDGMENT must be submitted in order to obtain Court action on the request. 2) Optional Forms. In addition to the required Judicial Council forms, the JUDGMENT CHECKLIST may be completed and submitted with requests for JUDGMENT OF DISSOLUTION AND JUDGMENT OF LEGAL SEPARATION. 3) Termination of Marital Status. The earliest date on which marital status can be terminated is six months and one day from the date the Court acquired jurisdiction over the respondent. When the Court signs the judgment after this date has passed, marital status is terminated as of the date the judgment is signed. 4) Timing of Processing. All default and uncontested judgments will be processed in the order in which they are received by the Court. If there are extenuating circumstances necessitating that a judgment be processed sooner, a party or their attorney may file and serve a declaration specifically explaining the basis for the request to expedite processing. A courtesy copy of this declaration must be mailed to the UFC Staff Attorney, addressed to: 400 McAllister St. Room 402, San Francisco, CA 94102. 5) Court’s Communication with Consulting Attorneys, Mediators, or Legal Document Preparers or Assistants. The Court will not respond to or communicate with anyone other than a party or a party’s attorney of record unless the following document has been filed: DECLARATION RE: CONTACT WITH CONSULTING ATTORNEY, MEDIATOR, OR LEGAL DOCUMENT PREPARER OR ASSISTANT, SFUFC Form 11.14-A. All pleadings submitted by a self-represented party must have a caption containing the party’s name and contact information as specified in CRC 2.111, regardless of whether the party has submitted a fully executed SFUFC Form 11.14-A. Judgment documents will not be mailed to a consulting attorney, mediator, or legal document preparer or assistant without a fully executed SFUFC Form 11.14-A. 6) Request for Annulment. A party requesting an annulment must file a REQUEST FOR ORDER which includes a declaration containing facts in support of the request for annulment. Either simultaneously with, or prior to filing the REQUEST FOR ORDER, the moving party must serve a Preliminary Declaration of Disclosure and file a DECLARATION REGARDING SERVICE OF DECLARATION OF DISCLOSURE AND INCOME AND EXPENSE DECLARATION (FL-141). If the Court grants the request for annulment, the parties must thereafter obtain a Judgment by submitting a proposed Uncontested Judgment, Default Judgment with Agreement, or True Default Judgment for the Court’s review or requesting the matter be set for trial on any remaining issues in the case. 7) Proof of Service of Summons. A PROOF OF SERVICE OF SUMMONS is required for all forms of service, including when service is by NOTICE AND ACKNOWLEDGMENT OF RECEIPT. 8) Substituted Service. If a Petition and Summons was served by substituted service, the Petitioner must submit a declaration by the process server stating: 1) The factual basis upon which the process server concluded that the place of service and mailing was either the “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service box” of the person served; 2) That not less than three attempts at personal service were made at three different times of the day, on three different days; and 3) At least one of these attempts was made at the last known residence address of the person to be served. 9) Service by Publication or Posting. An APPLICATION FOR ORDER FOR PUBLICATION OR POSTING must be Conventionally filed. The application must include a proposed ORDER FOR PUBLICATION OR POSTING. The Court will not grant the APPLICATION FOR ORDER FOR PUBLICATION OR POSTING unless it appears from the supporting DECLARATION that petitioner has exercised reasonable diligence in attempting to locate respondent. a. Service by Publication. If the Court signs an ORDER FOR PUBLICATION, petitioner must have the SUMMONS and any other document specified in the ORDER FOR PUBLICATION published in a named newspaper of general circulation that is most likely to give actual notice to the respondent once each week for four consecutive weeks. Petitioner must then file a PROOF OF PUBLICATION, a completed PROOF OF SERVICE OF SUMMONS, and a REQUEST TO ENTER DEFAULT. b. Service by Posting. A request for service by posting must include a copy of the ORDER GRANTING FEE WAIVER or a declaration explaining why petitioner cannot afford to publish. The Court may require a hearing to determine petitioner’s ability to pay. If the Court signs an ORDER FOR POSTING, petitioner must post the SUMMONS and any other document specified in the ORDER FOR POSTING in a location where respondent is most likely to receive actual notice (e.g., in the Office of the Court Clerk in Room 103 at the Civic Center Courthouse) for four consecutive weeks. These documents must also be mailed to respondent’s last known address. Petitioner must then file a PROOF OF SERVICE BY POSTING, a completed PROOF OF SERVICE OF SUMMONS, and a REQUEST TO ENTER DEFAULT. 10) Guideline Child Support Calculations. If the proposed Judgment includes an order setting guideline or non-guideline child support, a guideline child support calculation must be included using software certified by the Judicial Council to present support calculations. 11) Envelopes. Self-addressed stamped envelopes must be submitted along with each Judgment packet. The following rules also apply. a. Each time a Judgment packet is submitted or resubmitted, at least one self-addressed stamped envelope must be submitted that is of sufficient size and postage to return the entire Judgment packet to the submitting party in the event the Court rejects the Judgment. b. Unused envelopes will not be returned. c. If a REQUEST TO ENTER DEFAULT is submitted as part of a Judgment packet, a separate envelope for the REQUEST TO ENTER DEFAULT that is addressed to the respondent must be submitted with sufficient postage to mail the REQUEST TO ENTER DEFAULT and any attachments thereto to the respondent. The address for the respondent in a REQUEST TO ENTER DEFAULT must comply with CCP § 1013. B. Judgments Pursuant to Default. 1) Default Judgments with SETTLEMENT AGREEMENT. When a written SETTLEMENT AGREEMENT is incorporated into a default judgment, the following is required a. Entry of Default. For entry of respondent’s default, petitioner must file a REQUEST TO ENTER DEFAULT and A PROOF OF SERVICE OF SUMMONS (if not previously filed). The REQUEST TO ENTER DEFAULT and PROOF OF SERVICE OF SUMMONS must be submitted separately from other documents if the petitioner seeks to have default entered within two court days of submitting the request. Submitting the REQUEST TO ENTER DEFAULT with other papers may cause delay in entry of default. The Court will only enter default if: i. the Court file contains a proper PROOF OF SERVICE OF SUMMONS; ii. 30 calendar days have passed since respondent was served; and, iii. no response has been filed. The Court may require a hearing to determine if service was proper. b. Property Disclosures. In cases involving a JUDGMENT OF DISSOLUTION, JUDGMENT OF LEGAL SEPARATION or JUDGMENT OF NULLITY, both parties must comply with the disclosure laws set forth in Family Code § 2100 et seq. A waiver pursuant to Family Code § 2105(d) must be contained in a separately filed document signed under penalty of perjury or may be set forth in a separate paragraph which must be signed under penalty of perjury within the SETTLEMENT AGREEMENT. c. Notarization of Respondent’s Signature. Respondent’s signature on the SETTLEMENT AGREEMENT must be notarized, even if an attorney represents respondent. d. Child Support. If the parties’ written SETTLEMENT AGREEMENT contains provisions regarding child support, a NOTICE OF RIGHTS AND RESPONSIBILITIES and INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER must be attached to the proposed judgment. All stipulations for child support, including stipulations to reserve jurisdiction over child support, must contain the acknowledgment required pursuant to Family Code § 4065(a). 2) Default Judgments without SETTLEMENT AGREEMENT. If no written SETTLEMENT AGREEMENT is incorporated into a default judgment, the following requirements must be satisfied. a. Scope of Relief. A petitioner may not request orders in the judgment beyond the relief requested in the PETITION. b. Custody and Visitation of Minor Children. If the parties have minor children in common, petitioner must submit a new DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) if there have been any changes since the one most recently filed. c. Child Support for Minor Children. If the judgment contains provisions for child support, petitioner must submit: 1. Unless the judgment includes a request to reserve the issue of child support, a current INCOME AND EXPENSE DECLARATION or FINANCIAL STATEMENT (SIMPLIFIED) including petitioner’s best estimate of respondent’s income; and 2. A NOTICE OF RIGHTS AND RESPONSIBILITIES and INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER attached to the proposed judgment. d. Spousal Support. If seeking a default JUDGMENT OF DISSOLUTION or JUDGMENT OF LEGAL SEPARATION, petitioner must address the issue of spousal support for both parties in the proposed judgment. Petitioner may request that the Court award spousal support to either party, terminate the Court’s jurisdiction to award spousal support to either or both parties, or reserve the Court’s jurisdiction to award spousal support to either or both parties, as long as Petitioner’s requests were also set forth in the PETITION. If petitioner is requesting the court award spousal support to either party, petitioner must file and serve an updated INCOME AND EXPENSE DECLARATION including petitioner’s best estimate of respondent’s income as well as a SPOUSAL OR PARTNERSHIP SUPPORT DECLARATION ATTACHMENT. For cases involving a marriage of long duration (ten years or longer), absent the filing and service of a REQUEST FOR ORDER, an INCOME AND EXPENSE DECLARATION, and a SPOUSAL OR PARTNERSHIP SUPPORT DECLARATION ATTACHMENT, the court may reserve its jurisdiction to award spousal support to respondent in a default JUDGMENT OF DISSOLUTION or JUDGMENT OF LEGAL SEPARATION even if petitioner requested in the PETITION to terminate the court’s jurisdiction to award spousal support to respondent. All orders for spousal support must state the amount of support, the dates payable, and a provision that spousal support will terminate upon the death of either party or the remarriage of the supported spouse. e. Division of Assets and Debts. When a JUDGMENT OF DISSOLUTION, JUDGMENT OF LEGAL SEPARATION, OR JUDGMENT OF NULLITY is requested, all assets and debts to be divided in the judgment must be listed in the PETITION or in a PROPERTY DECLARATION that is served on respondent. If there are assets or debts to be divided by the Court, petitioner must submit a completed PROPERTY DECLARATION setting forth the proposed division. f. Attorney’s Fees. If petitioner requests an order for attorney’s fees, petitioner must submit a REQUEST FOR ATTORNEY FEES AND COSTS. C. Uncontested Judgments. These procedures apply in cases where a Joint Petition has been filed, a RESPONSE has been filed, or respondent has entered a general appearance. 1) Appearance, Stipulation and Waivers. The parties must submit a completed APPEARANCE, STIPULATION, AND WAIVERS form in order to obtain a stipulated judgment or judgment that incorporates a SETTLEMENT AGREEMENT. 2) Property Disclosures. When a JUDGMENT OF DISSOLUTION, JUDGMENT OF LEGAL SEPARATION, or JUDGMENT OF NULLITY is requested and a written SETTLEMENT AGREEMENT is submitted for incorporation into a judgment, both parties must comply with the disclosure laws set forth in Family Code § 2100 et seq. A waiver pursuant to Family Code § 2105(d) must be contained in a separately filed document signed under penalty of perjury or may be set forth in a separate paragraph which must be signed under penalty of perjury within the SETTLEMENT AGREEMENT. 3) Judgments of Nullity. A party requesting a JUDGMENT OF NULLITY must file a Request for Order which contains a DECLARATION OF FACTS IN SUPPORT OF REQUEST FOR JUDGMENT OF NULLITY. 4) Child Support. If the parties’ SETTLEMENT AGREEMENT contains provisions regarding child support, a NOTICE OF RIGHTS AND RESPONSIBILITIES and INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER must be attached to the proposed judgment. Any stipulations for child support must contain the acknowledgment required pursuant to Family Code § 4065(a). 5) Judgments re: Establishment of Parental Relationship (Uniform Parentage). When a written agreement for JUDGMENT RE: ESTABLISHMENT OF PARENTAL RELATIONSHIP (UNIFORM PARENTAGE) is submitted, the parties must also submit a STIPULATION FOR ENTRY OF JUDGMENT RE: ESTABLISHMENT OF PARENTAL RELATIONSHIP (UNIFORM PARENTAGE) (FL-240). D. Status Only or Bifurcated Judgment. The Court may enter a judgment that only dissolves marital status. 1) Default Cases. A ‘status only’ or ‘bifurcated judgment’ may be granted after the Court has entered respondent’s default. Before a ‘status only’ judgment will be granted, the petitioner must either submit a declaration stating that there are no retirement plans or join all retirement plans and include an order in the proposed Judgment that complies with Family Code § 2337(d)(2). (See BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP ATTACHMENT). The moving party must also file a DECLARATION REGARDING SERVICE OF THE PRELIMINARY DECLARATION OF DISCLOSURE. All other required forms as indicated on the FAMILY LAW JUDGMENT CHECKLIST must also be submitted. 2) Uncontested Cases. A ‘status only’ or ‘bifurcated judgment’ may be granted pursuant to stipulation upon submission of a STIPULATION AND ORDER REQUESTING A BIFURCATION OF MARITAL STATUS. Before a bifurcation of marital status is granted, the stipulation must state that there are no retirement plans or the retirement plans must be joined and the STIPULATION AND ORDER REQUESTING A BIFURCATION OF MARITAL STATUS must include an order that complies with Family Code § 2337(d)(2). (See BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP ATTACHMENT). The moving party must also file a DECLARATION REGARDING SERVICE OF THE PRELIMINARY DECLARATION OF DISCLOSURE, unless service is deferred by the parties in writing pursuant to Family Code § 2337(b). All other required forms as indicated on the JUDGMENT CHECKLIST must be submitted. 3) The Family Code § 2337(d) ATTACHMENT, SFUFC Form 11.14-E may be attached to the status-only Judgment to include orders pursuant to Family Code § 2337(d)(2). 11.15 Family Court Services (“FCS”). FCS is a division of the Unified Family Court (“UFC”). It provides services to both the Family Law and Juvenile Dependency divisions of the UFC. FCS provides confidential mediation services for families involved with the juvenile dependency division. See LRSF 12.47. FCS provides both confidential mediation and non-confidential services to families who bring contested child custody or visitation issues before the Family Law division. A. Confidential Mediation Services. Mediation sessions are confidential unless specifically indicated otherwise. See LRSF 11.7(C)(2) for limitations of confidentiality and other general information on confidential mediation services. B. Non-Confidential Mediation Services. FCS may provide non-confidential services upon Court order (also known as a “Tier II”). These Tier II services may include, but are not limited to: fact-finding; interviews of children; interviews of collateral sources; document requests and reviews; service coordination; and, service referral. All non-confidential services offered through FCS staff will be provided by a mediator other than the mediator who provided confidential mediation unless the parties specifically waive confidentiality. A party may request a Tier II at any hearing, but the party must provide notice of the request in writing to all parties before the date of the hearing. At the hearing, parties requesting a Tier II interview may propose specific questions to be posed to the interviewee. 1) Reports to the Court. Unless otherwise ordered by the Court, all information provided by the non-confidential mediator to the Court must be in writing with copies provided to the parties and/or their attorneys of record prior to the hearing. All information provided by the non-confidential mediator will be considered by the Court pursuant to Family Code § 3111(a). No party or attorney may share any Tier II report with any of the minor children involved in the case. 2) No Peremptory Challenge of Non-Confidential Mediator. No peremptory challenge of a non-confidential mediator will be allowed. C. Voluntary Mediation. Parties may return to mediation without first filing a motion or an Order to Show Cause if: (1) the parties have an open Family Law case in San Francisco County; and (2) both parties are willing to participate. 1) Each party must call their previously assigned mediator, the supervising mediator, if the prior mediator is unavailable, to schedule a date and time for the voluntary mediation. 2) The parties do not have to attend orientation prior to voluntary mediation. 3) The Court, in its discretion, may waive confidential mediation if an Order to Show Cause or a Notice of Motion is filed following a voluntary mediation. D. Complaints and Request for New Confidential Mediator. Complaints about a confidential mediator, whether or not they include a request for a new mediator, must be made in writing to the Supervising Mediator or FCS Manager. If the complainant’s issue is not resolved through discussion with the Supervising Mediator or FCS Manager, the Supervising Mediator or FCS Manager may encourage the complainant to discuss the issue with the mediator in question. The Supervising Mediator or FCS Manager will make the final determination of whether or not to assign a new mediator to the case or to take other action. FCS will send a notice to both parties if a mediator assignment is changed based on a party’s complaint. E. Ex Parte Communication. Mediators may not have ex parte communication with any attorney except as authorized by Family Code § 216. There is an implied waiver of the prohibition against ex parte communication by any attorney who chooses not to attend court- provided mediation. 11.16 Alternative Dispute Resolution for Family Law Matters. A. Alternative Dispute Resolution Policy. The Superior Court of the County of San Francisco and its Family Law Department strongly encourage the resolution of family law matters with alternative dispute resolution procedures. The Court and the Department recognize that formal adversarial litigation in family law is expensive, time-consuming, and often emotionally destructive for parties and their children. The Court and the Department further recognize that alternative dispute resolution procedures can help parties avoid these undesirable aspects of family law litigation. Accordingly, to reduce hostility between the parties, facilitate early resolution of issues, minimize expense, and maximize the opportunity for parties to reach mutually satisfactory agreements, the Court and the Department institute this Rule supporting and promoting alternative dispute resolution procedures in family law cases. B. Notice to Parties of Nature and Availability of Alternative Dispute Resolution Procedures. All parties to family law actions must receive formal notice from the Court describing the nature and availability of alternative dispute resolution procedures. Such notice is entitled NOTICE OF NATURE AND AVAILABILITY OF ALTERNATIVE DISPUTE RESOLUTION PROCEDURES IN FAMILY LAW, SFUFC Form 11.17. All parties must file and serve SFUFC Form 11.16 with any Petition under the Family Law Act or Uniform Parentage Act. A Proof of Service showing service of SFUFC Form 11.16 must be filed whenever service is required by this Rule. This Rule does not apply in the following proceedings: cases in which a Joint Petition is filed; domestic violence cases filed under Family Code § 6200 et. seq.; actions wherein the Department of Child Support Services is the Petitioner; and matters pending before a private judge. SFUFC Form 11.16 may not be served on an employee pension benefit plan. Adopted: July 1, 1998 Last Revised: July1, 2026
11 Family Law 11.0 General Rules. A. California Rules of Court This rule supplements the California Rules of Court. The California Rules of Court may be found on-line at www.courts.ca.gov. B. Electronic Signatures. Signatures on e-filed documents must comply with CRC 2.257. Signatures on documents that are not e-filed must comply with the following requirements. Any party or attorney who electroni
Reviewer note: Composed 2026-10-08 (California T4 San Francisco build 2026-10-08) from BenchPath custody ca/t4/ca-san-francisco/docs/local-rules/final-proposed-changes-lrsf-effective-july-1-2026-submitted.pdf (the court's rule book, “Uniform Local Rules of Court, Superior Court of California, County of San Francisco, Effective: July 1, 1998, Revised: July 1, 2026”, as fetched 2026-10-08; 2706376 bytes, sha256 82645c96954e6d459832c1ee68c5a042ff7f90ebc58fceb9a82fc7c5575631ad; 251 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 3 to 235): each page's running header (“Local Rules of Court San Francisco Superior Court” and “Rule N”) and footer (“Effective: ...; Revised ...” and the printed page number) removed as chrome; lines reflowed into the rules' paragraphs; the one struck letter in the book (the final “s” of “means” in Rule 2.11(A)(5), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; four rule headings set on their own lines and 23 paragraph breaks the reflow made inside sentences rejoined (whitespace-only fixes); the body's one soft hyphen (Rule 12.15's “JV-” at a line end) read as the hyphen it prints and the reflow's space after it removed; Rule 11's two tables (the timeshare percentages and their definitions) set row by row (the same characters); the body cut at the rule headings, which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents and the index belong to no rule. Review note: Rule 11 assigns all matters involving the Department of Child Support Services to Department 414 and lists Dept 414 (415) 551-3756; the Judicial Assignments page (effective May 18, 2026) lists the child support commissioner in Department 416 and Department 414 as unassigned (a review task on the bench).
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.