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Rules 7-100 to 7-118: emergency (ex parte) requests under California Rules of Court, Rule 5.151 through Rule 5.170, in writing, with the notice of Rule 5.165 and form FL-305 (7-100); orders excluding a party from the home only on a detailed declaration of immediate and serious harm (7-101); notice of other proceedings involving the children or the parties, and of prior similar applications (7-102); declarations supporting and responding to a Request for Order, a DVRO or an EARO under Rule 5.111 - one (1) declaration and one reply, no surrebuttal until a review hearing 60 days or more later, attached evidentiary documents not exceeding 10 pages without an ex parte application for more (7-102.5); meeting and conferring before a case is heard on the family law calendar and before mediation, on the parenting plan, by attorneys and parties without attorneys alike, and the exchange of documentary evidence three days before the hearing (7-103); mediation (Family Code §3183) - recommendations and cross-examination, no peremptory challenge, motions to disqualify, no ex-parte communication with mediators, counsel in a support capacity, and the Family Court Services orientation required before the court date on any request placing custody or visitation at issue (7-104); support under the Santa Clara County guidelines and the Code, with each party's most recently filed tax return (7-105); a custody evaluator's testimony by videoconference (Evidence Code §730) - a written report, the proponent's arrangements and expense, notice at least 15 days before, objections 10 days and replies 5 days before, and an office 75 miles or more from the courthouse (7-106); no default without a Declaration of Disclosure served at least 30 days before or a Marital Settlement Agreement (7-107); at-issue memorandums after a good faith settlement proposal and a current Income and Expense Declaration and a completed Declaration of Disclosure (7-108); the results of failing to comply (Code of Civil Procedure section 128.5; Family Code sections 270 through 275) (7-109); mandatory settlement conferences on property or spousal support issues, statements filed and served ten days before, attorney's fees requested under Rule 5.427 (7-110); trial briefs filed and exchanged at least five court days before trial (Rule 5.394), with the document and witness lists (7-110.5); family law tentative rulings - the intent to appear and argue given by calling (209) 992-5690, and to the other side, by 4:00 p.m. the day before, and the matters subject to them (7-111); the duties of the Family Law Facilitator (Family Code section 10002 et seq.) (7-112); the judicial caveat preserving judicial discretion (7-113); communication between the courts on criminal protective orders and custody orders (Rule 5.445), the criminal order controlling, its modification, and exchanges under Section 3100 of the Family Code (7-114); videoconference appearances at trial - disfavored, requested by Ex Parte Application for Videoconference Appearance at Trial and Order (SJ-FL-004) at least twenty (20) days before, objections within five (5) days, documents five (5) court days before, evidence in Department #5A emailed at least five days before (Code of Civil Procedure section 135), no recording (7-115); remote appearances (Civil Code of Procedure section 367.75; California Rule of Court, rule 3.672) - law and motion and ex parte hearings by telephone, notice waived; evidentiary hearings, RFOs, mediations, settlement conferences, trials and orders to show cause in person unless authorized on an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) no later than 10 court days before, objections within five (5) days; the bridge line joined at least 10 minutes early, the roll call, documents 5 court days before, no recording (7-116); the Underage Marriage or Domestic Partnership Applicant Information form (SJ-FL-009) for the interview under CRC Rule 5.448(c) (7-117); and orders shortening time only on a written declaration or affidavit showing the necessity, through an ex parte request or by stipulation (7-118).
RULE 7 FAMILY LAW 7-100. EMERGENCY ORDERS (Eff. 07/01/18) All parties must comply with California Rules of Court, Rule 5.151 through Rule 5.170 when submitting emergency requests. The requests shall be limited to those specified in subsection (b) of Rule 5.151 and must be in writing. The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.1
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-06/Local Rules eff. 7-1-26.pdf (the court's rule book, its cover “Superior Court of California, County of San Joaquin LOCAL RULES – Eff. July 1, 2026”, as fetched 2026-10-10; 1668255 bytes, sha256 2395f1c945c810c9e4104959200fae9e0b55aac1ead336e7b61a246cce5b08e3; 152 pages) with the shared verbatim composer (v2 reflow) in one run over PDF pages 10 to 130 (Rules 1 to 10), cut at each rule's heading (“RULE 1 GENERAL” to “RULE 10 APPELLATE DIVISION”) and, in Rule 4, at its part headings (“PART TWO – DECEDENT ESTATES” to Part Nine) into 18 cards: each page's running header (“Superior Court of California” / “for the County of San Joaquin”) and its page number removed as chrome (363 items on the 121 pages); lines reflowed into the rules' paragraphs; no struck run on any of the 152 pages (review/strike-report-2026-10-10.txt); 4 whitespace-only fixes (build/book-fixes.json: Rule 3-105's title, run into its first sentence, set on its own line as printed; the titles of Rules 3-111 and 7-102.5, which the composition broke before their last printed line, rejoined; and in Rule 5-411 the paragraph gap the page prints after “outlined by” kept as a line break); the vertical-gap, short-line and extra audits (review/book-audits-2026-10-10.txt) find no other, each item they list read against its page; no same-character fix; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (the bench: “Judges of the Superior Court” and the commissioners), the table of contents (pages 2 to 9), the Local Form List (pages 131 to 142) and the index (pages 143 to 152) belong to no card. Review note: Carried as printed: Rule 7-116's "subject to to the approval of the judicial officer".
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
RULE 7 FAMILY LAW 7-100. EMERGENCY ORDERS (Eff. 07/01/18) All parties must comply with California Rules of Court, Rule 5.151 through Rule 5.170 when submitting emergency requests. The requests shall be limited to those specified in subsection (b) of Rule 5.151 and must be in writing. The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.165 and must include the Temporary Emergency (Ex Parte) Orders (form FL-305) with their pleadings. (Exhibit A is revoked effective July 1, 2018.) (Rule 7-100 amended effective July 1, 2018; adopted as Rule 7-100 effective July 1, 1998; amended effective January 1, 2014.) (Eff. 07/01/18) 7-101. ORDER EXCLUDING A PARTY FROM THE HOME (Eff. 07/01/98) A temporary restraining order enjoining a party from the use of the family home will not be granted unless the request is supported by a declaration setting forth a factual basis showing immediate and serious harm. Said declarations shall state, in detail and in competent evidentiary form, the time and place of the act or acts and the exact injuries suffered by the moving party. The moving party has the burden of convincing the court an ex-parte order is an appropriate alternative to an order shortening time. (Eff. 07/01/98) 7-102. NOTIFICATION TO COURT OF OTHER PROCEEDINGS (Eff. 01/01/14) A. Any motion, petition or request for order, or response thereto involving an issue of child custody, visitation, child support or domestic violence shall contain a statement notifying the Court and parties of any action which involves the children or the parties concerned in the motion, petition or request for order which is pending in any other jurisdiction or in the juvenile court. Such information shall include the name and location of the court, the file number therein, the statutory basis for said action and a copy of the most recent order made in the action. B. At the hearing on the motion, petition, or request for order, the parties shall call to the attention of the Court any action pending or jurisdiction taken by the Juvenile Court subsequent to the filing of the motion, petition, request for order. C. In addition, hereto, every moving party or counsel must disclose to the Court the existence of any prior applications for relief similar to that requested in the current moving paper of which said moving party or counsel have knowledge. (Eff. 01/01/14) 7-102.5. DECLARATIONS SUPPORTING AND RESPONDING TO A REQUEST FOR ORDER (Eff. 01/01/19) All declarations supporting and responding to a Request for Order, a Domestic Violence Restraining Order (DVRO), and an Elder Abuse Restraining Order (EARO) must comply with California Rules of Court, Rule 5.111. A party shall be permitted to file no more than one (1) declaration in support of or in response to a Request for Order, and one (1) reply declaration (in response to the responsive declaration is permitted if necessary.) No additional declarations (surrebuttal) may be filed until the matter has been continued for a review hearing 60 days or more from the date the matter was initially heard. In such cases, declarations should raise only issues not raised in previous filings. Any evidentiary documents attached to declarations shall not exceed 10 pages in length. However, a party may apply to the court ex parte with notice of the application to the other parties for permission to submit additional pages. The requested additional pages shall not be attached to the separate ex parte application. The ex parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and must comply with California Rules of Court, Rule 5.151. Without this prior approval, the court will not consider any attachments exceeding 10 pages or multiple declarations. Parties should not attach copies of pleadings already contained in the Court file to any new pleading. This rule shall not apply to discovery motions. (Rev 07/01/2023) 7-103. MEET AND CONFER REQUIREMENT (Eff. 01/01/14) A. All parties and all attorneys are required to meet and confer prior to a case being heard on the family law calendar. B. Before the parties are eligible for mediation, it is required that they meet and confer. The sole purpose in requiring them to meet and confer is to allow them an opportunity to work out a plan for the sharing of time and responsibility for the raising of their child or children, i.e., formulate their own parenting plan. It is expected that any attorney who represents either the mother or father will meet with the other side in order to determine what issues can be resolved by agreement and what issues are really contested. C. Attorneys must meet with the opposing side even if the other side is not represented by an attorney. A bona fide attempt must be made to settle all issues prior to mediation. D. Parties not having attorneys must still meet and confer. If either side is not represented by an attorney, they are still required to meet with the other side in order to try to resolve the parenting plan. A party who is not represented must remember that meeting and discussing the case with the other side does not mean that they must make an agreement, they must simply make an honest attempt to settle all the issues they can and determine the issues that are contested. E. Complete meet and confer required. In order to expedite the process, it is required that even if a complete settlement is not possible, all issues should be discussed even if only conditional agreements are made. For example, if the parties cannot agree, they should determine how holidays will be shared and what shared time they would have if they were not granted the primary custody of the child or children. F. Parties must exchange three days prior to the hearing all documentary evidence that is to be relied upon for proof of any material fact at the hearing. This requirement does not apply to documents used primarily for rebuttal or impeachment purposes (Eff. 01/01/14) 7-104. MEDIATION (Eff. 01/01/14) A. In any mediation pursuant to Family Code §3183, the mediator may make an oral or written recommendation as requested by the court, and at the request of a party or attorney, the mediator shall be subject to cross-examination. B. No peremptory challenge of a mediator is permitted. C. A party may challenge a mediator for good cause by the filing of a formal motion to disqualify a mediator. The court shall continue the date of any mediation to allow the filing of a motion to disqualify. The court shall shorten time for a hearing on a motion to disqualify a mediator upon the request of either party. D. A mediator may decline to mediate a case in the event the mediator determines he or she cannot be unbiased or has a conflict that would prevent a meaningful mediation. E. Ex-parte communication with Court mediators by any party or attorney to the action is prohibited, except for limited contact necessary to schedule or continue hearings, mediation sessions and/or testimony of mediators at trial or hearing. F. The purpose of mediation is to facilitate an agreement between the parents. If counsel attends a mediation session, they shall do so in a support capacity and not to advocate for a position. The mediator may exclude either or both counsel from a mediation session if in the discretion of the mediator such exclusion will facilitate the mediation process. G. When any request for order is filed placing custody and/or visitation at issue, the parties are required to attend an orientation session provided by Family Court Services prior to the court date on the request. Non-compliance may result in the case being continued until such time that the parties have attended the required orientation. (Eff. 01/01/14) 7-105. SUPPORT (Eff. 01/01/14) These guidelines have been adopted to comply with the California Family Code operative January 1, 1994. The Court will determine the appropriate amount of child support and discretionary spousal support according to the Santa Clara County guidelines and the Code. (a) These guidelines are not intended to limit the Court's discretion concerning spousal support except as otherwise provided by the Code or other applicable case and statutory law. (b) The Court will take all circumstances into consideration (e.g., reduced expenses because of income of a new spouse or cohabitors) to the extent permitted by the Code. (c) Concurrently with filing, and responding to, a request for order to establish or modify child and/or spousal support, each party shall provide the other, in addition to the information and documents required by the Family Code and Rules of Court, each party’s complete most recently filed tax return. (Eff. 01/01/14) 7-106. PERPETUATION OF TESTIMONY BY CUSTODY EVALUATORS (Eff. 01/01/21) A Custody Evaluator, appointed by this Court pursuant to Evidence Code §730, shall be permitted to testify remotely in accordance with the following terms and conditions: a) The Custody Evaluator shall have prepared a written report. b) The proponent of the testimony shall arrange for a videoconference that shall allow the Custody Evaluator to be seen, hear the Court and Counsel, and speak to the Court and Counsel. c) The proponent of the testimony shall pay the expense of the videoconference, and shall have a videographer present during the testimony to ensure that the videography equipment functions properly. Any and all equipment necessary to perpetuate the testimony shall be provided by the proponent. d) Notice of intent to introduce testimony by videography must be given in writing by the proponent at least 15 days prior to the date set for hearing. e) Any objection to videography testimony must be filed and served 10 days prior to the date set for hearing. Any reply thereto shall be filed and served 5 days before the date set for hearing. f) Service of objections and reply shall be by fax or email. In ruling on the objections, the Court shall consider the issue of whether allowing such testimony is prejudicial to the opposing party. g) Should the quality of the transmission be poor, the Court in its discretion may strike the testimony entirely or, may, but need not, continue the matter in its discretion. h) In order to perpetuate testimony pursuant to this local rule, the Custody Evaluator must maintain his or her office 75 miles or more from the courthouse. (Eff. 01/01/21) 7-107. DEFAULTS (Eff. 07/01/98) The Clerk of the Court shall not enter a default in a dissolution or legal separation unless a Declaration of Disclosure has been served at least 30 days prior to the entry of the default or unless the parties have filed a Marital Settlement Agreement. (Eff. 07/01/98) 7-108. AT-ISSUE MEMORANDUMS (Eff. 01/01/14) Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments. The at-issue memorandum must include a declaration or proof of service evidencing compliance with this section. (Eff. 01/01/14) 7-109. RESULT OF FAILURE TO COMPLY WITH RULES (Eff. 01/01/14) Failure of a party(ies) to comply with these rules may result in one or more of the following on the request by the other party or on the Court's own motion: (a) Dropping the matter from calendar. (b) Continuance of the matter. (c) The award of attorney’s fees and costs against the non-complying party and/or the party’s attorney, without the necessity of filing an Income and Expense Declaration, or any request for order, including, but not limited to, a motion under California Code of Civil Procedure section 128.5 or Family Code sections 270 through 275. (d) The rendering of an order based solely upon the pleadings properly before the Court. (e) Other orders as the Court deems appropriate under the circumstances. (Eff. 01/01/14) 7-110. SETTLEMENT CONFERENCES (Eff. 01/01/15) The parties shall participate in a mandatory conference on all cases involving property or spousal support issues. Each party shall file and serve ten days prior to the mandatory settlement conference a meaningful and complete statement which shall include: (a) Identity of community property and obligations; (b) Identity of separate property; (c) Proposed distribution of community property and obligations; (d) Statement of issues and contentions; (e) Statement of request for child and spousal support; and, (f) Statement of request for attorney’s fees pursuant to Rules of Court, Rule 5.427. (Eff. 01/01/15) 7-110.5. PRE-TRIAL EXCHANGE OF DOCUMENTS AND INFORMATION (Eff. 01/01/21) For all trials, including long cause hearings, the parties shall file and exchange trial briefs on all issues at least five court days prior to trial. The trial brief shall include: (a) The information and documents required by Rules of Court, Rule 5.394; (b) A list of all documents (excluding those intended to be used primarily for rebuttal or impeachment purposes) that are to be relied upon for proof of any material fact at trial. Documents are not to be attached or appended to the trial brief; and (c) A list of witnesses and a brief summary of their testimony. (Eff. 01/01/21) 7-111. FAMILY LAW TENTATIVE RULINGS (Eff. 07/01/17) Parties are responsible for reviewing the tentative ruling and notifying the Superior Court Clerk’s Office by calling (209) 992-5690 and all attorneys or parties if there are no attorneys, not later than 4:00 p.m. the day preceding the scheduled hearing of his or her intent to appear and argue. The family law tentative ruling is available on the court’s website at www.sjcourts.org. Failure to call by 4:00 p.m. will preclude the court from hearing arguments the next day. It shall also result in the tentative ruling becoming the order of the court. The issues subject to a tentative ruling are as follows: (a) Motion to compel discovery; (b) Motion to set aside default/judgment; (c) Motion to withdraw as attorney of record; (d) Motion to Quash; (e) Motion for joinder or parties, not involving custody or visitation (f) Motion for change of venue, not involving custody or visitation 7-112. DUTIES OF FAMILY LAW FACILITATOR (Eff. 07/01/98) In addition to the duties set forth in Family Code section 10002 et seq., the Family Law Facilitator may perform the following: A. Meet with pro per litigants to mediate issues of child support, spousal support, and maintenance of health insurance. B. Draft stipulations for pro pers to include all issues agreed to by the parties, which may include issues other than those specifically set forth in Family Code section 10003. C. Prepare formal orders after hearing consistent with the court’s ruling when both parties are unrepresented. D. Serve as a special master in contested dissolutions for the purpose of hearing pretrial settlement conferences in hopes of reducing the contested dissolution calendars. E. Develop programs for bar and community outreach through day and evening programs, videotapes and other means that will assist unrepresented and financially disadvantaged litigants in gaining access to family court. F. Assist the court with research and such other responsibilities as may be assigned by the court, enabling the court to be as time efficient as possible in helping litigants and reducing the family court’s caseload. G. Sit as judge pro tempore subject to the stipulation of the parties, when the Family Law Commissioner is unavailable. (Eff. 07/01/98) 7-113. JUDICIAL CAVEAT (Eff. 07/01/98) While it is intended that the Court will follow the policies set forth, the rules do not prevent the exercise of judicial discretion when appropriate. (Eff. 07/01/98) 7-114. COURT COMMUNICATION RULES FOR DOMESTIC VIOLENCE AND CHILD CUSTODY AND/OR VISITATION ORDERS (Eff. 01/01/14) This rule is intended to comply with the provisions of California Rules of Court, Rule 5.445 regarding communication between courts about the existence of criminal protective orders and child custody and/or visitation orders to avoid the issuance of conflicting orders. A. Court Communication Until the court has an operational case management system capable of automatically coordinating domestic violence orders, the court’s criminal, family, and juvenile law departments shall, to the best of their abilities communicate with one another to identify families with existing orders. B. Avoiding Conflicting Orders No department of the family or juvenile court shall issue a protective order or custody order in conflict with an order of the criminal court. In the event such an order is issued inadvertently, the orders of the criminal law proceeding shall control. C. Modification of Criminal Protective Order Upon notice of an existing criminal protective order, the family or juvenile court shall refer the party’s requesting custody and visitation to the Clerk’s Office in the Criminal Department. At the Clerk’s Office, the person restrained by a criminal protective order or protected by a criminal protective order may request a hearing to modify the criminal protective order to expand or restrict contact between the person restrained by the order and his or her children. The family court may prepare a custody and visitation order; however, it is explained to the parties that the order cannot be enforced by law enforcement if the criminal protective order is not modified accordingly. D. Co-Existing Criminal and Family or Juvenile Orders A family or juvenile court order may coexist with a criminal protective order, subject to the following: 1. Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no contact order” issued by a criminal court. 2. After having knowledge of an existing child custody and visitation order, the criminal court issuing a protective order shall indicate on the order that contact and visitation between the restrained person and his or her children is pursuant to court orders previously ordered by the family or juvenile court. 3. Safety of all parties shall be the court’s paramount concern. The family or juvenile court shall specify the time, day, place, and manner of transfer of the child as provided in Section 3100 of the Family Code. (Eff. 01/01/14) 7-115. VIDEO CONFERENCE APPEARANCE (Eff. 01/01/21) A. Videoconferencing at Trial. Videoconference appearances are disfavored and will only be granted in unusual circumstances. Approval will be made on a case-by-case basis. Considerations include risk of travel due to COVID-19. Unless otherwise prohibited by law and, subject to the judicial officer’s approval, parties may appear or present testimony by videoconference at Trial. The requesting party must file and serve an Ex Parte Application for Videoconference Appearance at Trial and Order (SJ-FL-004) at least twenty (20) days prior to the date the matter is initially set for hearing or trial. Any objections to the application must be filed and served no later than five (5) days after service of the Application. Thereafter, the Court will rule on the Application or set the matter for hearing on the Application. The application form is available online at the court's website or in the clerk’s office. Videoconference appearances will be arranged through the Court’s Information Technology Department. Fees will be paid by the requesting party to the Court. B. Definitions. 1. “Remote video appearance” means a party, an attorney, or a witness may appear remotely through the use of: (a) A desktop or laptop computer with webcam capabilities that depict the parties, attorneys, the court, witnesses, and court personnel, if any, in real time on a screen visible to the user who is at another location; and with capabilities to allow for transmitting the user’s image and voice; or (b) A smartphone with video camera capabilities that depict the parties, attorneys, the court, witnesses, and court personnel, if any, in real time on a screen visible to the user who is at another location; and with capabilities to allow for transmitting the user’s image and voice; or (c) A tablet with video camera capabilities that depict the parties, attorneys, the court, witnesses, and court personnel, if any, in real time on a screen visible to the user who is at another location; and with capabilities to allow for transmitting the user’s image and voice. C. Application. This rule applies to any matter to be heard in a family law department, subject to the approval of the judicial officer. D. Procedure. 1) The court must ensure that the statements of participants are audible and/or visible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. 2) The party, attorney, or witness must timely appear by joining the link provided by the Court and must enter his/her full name as the username. 3) The party, attorney, or witness must provide the Court with their mobile phone number and email address at the time of the hearing. A party, attorney, or witness shall register his/her email address and mobile phone number with the Court through the Online Services, Attorney Registration page on the Court’s website. You do not need to be an attorney to register. 4) No child(ren) shall be present for the hearing; only the parties, their attorneys, and witnesses. 5) Parties must be dressed in appropriate attire. 6) Parties must first identify themselves whenever speaking and only one party at a time may speak. 7) Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers five (5) court days prior to the hearing. In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication. 8) For matters heard in department #5A, any documentary evidence that the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135. Failure to provide at least five court days’ notice of proffered documentary evidence may result in its exclusion. If no email exists for the opposing party or counsel, alternative methods of service must be used (e.g., text, mailing, or instant message). The bench officer will determine the sufficiency of any such alternative service method. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication. 9) Any recording of the videoconference Trial is absolutely prohibited, including, but not limited to, “screen-shots” or other visual copying or audio recording. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Rev.01/01/2022) 7-116. REMOTE APPEARANCES (Eff. 01/01/22) 1) This Local Rule is adopted pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. Notice requirements are set forth in rule 3.672 and below. 2) For Law and Motion hearings, and Ex Parte hearings, parties may appear remotely by telephone pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. a. Parties may stipulate either orally or in writing to waive notice of other parties’ appearing remotely for Law and Motion hearings and Ex Parte hearings. b. This Court waives notice of parties appearing remotely for Law and Motion hearings, and Ex Parte hearings. c. Nothing limits the discretion of the judicial officer to require parties to appear in person for Law and Motion hearings and Ex Parte hearings. d. A remote appearance for Law and Motion hearings and Ex Parte hearings will not be permitted if the tentative ruling posted for the hearing states that an in-person appearance is required, or the court advises the person requesting to appear remotely that the judicial officer has determined that an in-person appearance is necessary. 3) For Law and Motion hearings, and Ex Parte hearings the Court may select a video platform or telephone Bridge Conference Line platform that supports audio only. a. The Bridge Conference Line call in numbers will be provided to parties who have approved to call in. b. At the discretion of the Judicial Officer, a video platform may be provided for the parties to appear. The Court will provide the video access meeting link, or require a party to provide notice of the video access meeting link. c. Any recording, reproduction, or re-broadcasting of a court proceeding held remotely, including screenshots or other visual or audio copying of a hearing, is prohibited. 4) For Evidentiary Hearings, RFOs, Mediations, Settlement Conferences, Trials, and hearings on Orders to Show Cause, parties must appear in person, unless the party or attorney requests and receives express written authorization to appear remotely by the judicial officer. a. A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause. Any objections must be filed and served no later than five (5) days after service of the Application. 5) Even when a remote appearance is authorized and commences, the judicial officer may terminate a remote appearance and continue the matter so that an in-person appearance can occur if technology or audibility issues interfere with the judicial officer’s ability to make a determination required by the hearing, the in-person appearance is necessary to assist in the determination of the specific hearing, the court reporter’s ability to make an accurate record is in question, counsel’s ability to provide effective representation is in question, an interpreter’s ability to provide language access is in question, or for any other reason which constitutes good cause under the circumstances. A. Definitions For purposes of this section, telephonic appearance means a landline, cell phone or tablet allowing the user to hear all other users at other locations using the court’s bridge line number. B. Application This rule applies to any matter to be heard in a family law department, subject to to the approval of the judicial officer. C. Procedure 1) The court must ensure that the statements of participants are audible and/or visible to all other participants and the court staff and that the statements made by a participant are identified as being made by that participant. 2) The party, attorney, or witness must timely join the telephone conference hearing at least 10 minutes prior to the scheduled hearing. Do not announce your presence until the Court calls your case. Simply stay on the telephone line, even if there is only silence, until the Commissioner/Judicial Officer starts the hearings, and then continue to listen quietly until your case is called. The Commissioner/Judicial Officer will conduct a roll call and if you are not present, your matter will be dropped from the calendar or reset. Until your case is called, refrain from speaking. 3) The party, attorney, or witness must provide the Court with their mobile phone number and email address at the time of the hearing. A party, attorney, or witness shall register his/her email address and mobile phone number with the Court through the Online Services, Attorney Registration page on the Court’s website. You do not need to be an attorney to register. 4) Parties must first identify themselves whenever speaking and only one party at a time may speak and must pause prior to speaking in case there is any audio lag. 5) No child(ren) or third parties shall be present for the hearing; only the parties, their attorneys, and witnesses. 6) Any and all documents a party/attorney wants the court to consider shall be submitted with a party’s moving/opposition papers 5 court days prior to the hearing. In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication. 7) For matters heard in department #5A, parties must provide any documents they want the court to consider prior to the hearing and must provide copies to the other side. Any documentary evidence the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135. Failure to provide at least five court days’ notice of proffered documentary evidence may result in a continuance to another court date and/or its exclusion. If no email exists for the opposing party or counsel, alternative methods of service must be used (e.g., text, mailing, or instant message). The bench officer will determine the sufficiency of any such alternative service method. If there is a document the Commissioner/Judicial Officer requires you to submit the day of the hearing, you must send the document to the court at familycourtclerks@sjcourts.org. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the Commissioner/Judicial Officer will not consider the document as it is an ex parte communication. 8) These telephone conference hearings may be abbreviated due to the limited ability to hear evidence under these circumstances. The Commissioner/Judicial Officer may make interim orders and your case could be continued for additional consideration at a later date. 9) Any recording of the telephone conference is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. 7-117. INTERVIEW FOR MINOR TO MARRY OR ENTER DOMESTIC PARTNERSHIP (Eff. 07/01/21) In order to properly conduct the interview required under CRC Rule 5.448(c), any minor requesting to marry or establish a domestic partnership must complete and submit the Underage Marriage or Domestic Partnership Applicant Information form, local form number SJ-FL-009, at the time of filing the initial Request of Minor to Marry or Establish a Domestic Partnership. This form will not be filed with the Court but shall be maintained in a confidential case file in accordance with CRC Rule 5.448(c)(5)(A). (Rev.01/01/2022) 7-118. ORDERS SHORTENING TIME The Court will not shorten time for service of Requests for Order, Orders to Show Cause, or Notices of Motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte request or by stipulation. (Eff. 01/01/2022)
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.