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Division Three (Family Law; Rules 3.1 to 3.8): meet and confer, completion of forms, the initial status conference set approximately 180 days from filing, status conferences (local form SUPFL 1034 filed no later than 10 days before the court date; SUPFL 1013 to move it), the Request for Trial on local form SUPFL 1042 and trial continuances (Rules 3.1.03 to 3.1.07); Voluntary Settlement Conferences - eligibility, requests on mandatory Local Form SUPFL 500, rescheduling on mandatory Local Form SUPFL 501, confidential settlement conference statements five court days prior (Rule 3.1.08); judicial mediation briefs at least seven (7) court days prior (Rule 3.1.09); ex partes in family law - notice by 10:00 a.m. the court day before the 1:00 p.m. hearing, as indicated on Judicial Council form FL-303, papers to the Watsonville Courthouse by 3:00 p.m., and objections by 10:00 a.m. (Rule 3.1.13); service by publication or posting, assignment of cases and challenges, continuances on forms FL-306, FL-307 and FL-309, and the Domestic Violence Coordination Protocol (Rules 3.1.14 to 3.1.17); support calculations (Rule 3.2.01); Child Custody Recommending Counseling - three free hours every 12 months - evaluations under Evidence Code Section 730, communication, referrals, private mediation, complaints, and supervised visitation providers (FL-324(P), FL-324(NP)) (Rule 3.3); the online co-parenting course (Rule 3.4); the family law facilitator (Rule 3.5); order preparation (Rule 3.6.01); and counsel for minor children (FL-322, FL-323) (Rule 3.8).
California > Sixth Appellate District > Santa Cruz County > Superior Court of California, County of Santa Cruz
DIVISION THREE – FAMILY LAW Rule 3.1 GENERAL RULES Rule 3.1.01 Local Civil Rules Applicable to Family Law Except as otherwise provided in these rules, all provisions in the Local Civil Rules apply to Family Law proceedings. (Rev. 1/1/93) (Rev. 1/1/95) (Rev. 1/1/09) (Rev. 1/1/13) Rule 3.1.02 Telephone Appearance [REVOKED] (Eff. 1/1/13) (Rev. 7/1/14) (Rev. 7/1/20) (Revoked 1/1/21) Rule 3.1.03 Meet and Confer Requirement Prior to any hearing on the family law calendar, and prior to filing a status conference statement or settlement conference statement, counsel or parties in pro per must meet and confer, in person or by telephone, unless prohibited by a restraining order, on the following issues: (a) settlement possibilities; (b) any proposed orders to be requested; and (c) suitability of the case for case management, pursuant to Family Code §§ 2450, et seq. (Eff. 1/1/91) (Rev. 1/1/01) (Renumbered 1/1/13) Rule 3.1.04 Completion of Forms All Judicial Council forms, including declarations, must be timely filed. All blanks on the forms must be answered. Notations such as "Unk." for Unknown, "Est." for Estimate, "N/A" for Not Applicable, and "None" should be used to avoid leaving any item blank. (Eff. 1/1/91) (Renumbered 1/1/13) Rule 3.1.05 Initial Status Conference At the time a Petition for Dissolution, Petition for Nullity, Petition for Legal Separation, Petition for Dissolution/Nullity/Legal Separation of Domestic Partnership, Petition for Custody and Support of Minor Children or a Petition to Determine Parental Relationship (other than filed by the Department of Child Support Services) is filed, the Clerk shall append to the initial pleading a document entitled Notice of Status Conference stating the DATE, TIME and PLACE of the status conference. The conference date shall be set approximately 180 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with Notice of the Status Conference date. The conference date will automatically be vacated when a judgment is entered, or a dismissal filed. (Eff. 1/1/99) (Rev. 1/1/09) (Renumbered & Rev. 1/1/13) (Rev. 7/1/25) Rule 3.1.06 Status Conference (a) After the initial status conference, status conferences will be set as frequently as needed in order to expedite the completion of the case in compliance with California Rule of Court 5.83. (b) The parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034, to inform the court of the progress they have made in their case. The form may be filed jointly. This must be filed no later than 10 days before the court date. Parties may attend the conference and discuss their progress towards case resolution with the Court. (c) If the parties would like to move their status conference date or continue the date because they are in mediation this joint request needs to be made on the Stipulation and Application for Order to Change Status Conference, local form SUPFL 1013. This needs to be filed no later than 10 days before the court date. In most circumstances the Court will not grant more than a four month continuance. (d) If one party wants to continue the status conference date and the other party does not, then both parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034 to inform the Court of the progress they have made in their case. This must be filed no later than 10 days before the court date. The Court will decide at the status conference if the case will be continued to a further status conference date. (e) At the status conference the Court will consider: Setting a Voluntary Settlement Conference, continuing the case for further status conference or Family Centered Case Resolution Conference, severing or bifurcation causes of actions or issues, consolidating cases, dismissing the action for lack of progress, setting the case or bifurcated issues for trial, or taking steps to bring the parties into compliance with any previously ordered Family Case Centered Resolution plan. (f) Privately mediating parties, after the initial status conference date, will thereafter be scheduled for a status conference date no less frequently than every four months. (Eff. 1/1/99) (Rev. 1/1/01) (Rev. 1/1/06) (Rev. 1/1/07) (Rev. 1/1/09) (Rev. 1/1/11) (Renumbered & Rev. 1/1/13) (Rev. 7/1/20) (Rev. 7/1/25) Rule 3.1.07 Trial Continuances (a) Either side may file a Request for Trial – Family Law, local from SUPFL 1042. After receipt of this request the Court will send out notices for the date of the trial setting. The trial setting court date will be scheduled within four weeks. Either trial counsel, or parties without an attorney, must be present at the trial setting. (b) It is the policy of the Court not to continue matters set for trial without good cause. Any stipulated request for such continuance must be accompanied by local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, with a declaration of cause. A stipulation alone is not sufficient to obtain a continuance. To be considered the declaration must also contain a time estimate for trial. Such a request must be submitted at least ten calendar days prior to the trial sought to be continued. (c) Requests for continuances of trials may be considered on the ex parte calendar. (d) Trials will not be set prior to the completion of discovery. (Eff. 1/1/99) (Rev. 7/1/04) (Rev. 1/1/06) (Renumbered 1/1/07) (Rev. 1/1/09) (Renumbered & Rev. 1/1/13) (Rev. 1/1/19) (Rev. 7/1/20) (Rev. 1/1/24) Rule 3.1.08 Settlement Conferences This Court adopts the policy that good faith efforts to settle family law trials are an essential part of the judicial process and are encouraged. The Court offers the Voluntary Settlement Conferences as a mechanism for resolution. Failure to comply with the procedures outlined in this rule may subject the offending party/attorney to sanctions, including monetary sanctions. Represented and self-represented litigants are expected to comply with this Rule. (a) Eligibility to Schedule Settlement Conferences 1. The following must be completed and exchanged for the case to be eligible to be scheduled for a voluntary settlement conference: a) Preliminary disclosures b) Discovery/exchange of all documents c) Appraisals/Valuations (real & personal property) d) Any and all expert reports 2. Cases shall be submitted for judicial review to determine if the above criteria have been met and that the following are true: a) The parties/attorneys are prepared and ready for settlement and/or trial. b) The parties themselves are willing and ready to participate in settlement discussions and resolution. (b) Requesting a Voluntary Settlement Conference 1. Conferences may be requested at a scheduled court date. 2. Outside of a hearing, conferences may be requested by filing a stipulation and order to set the matter for a settlement conference using the mandatory Local Form SUPFL 500. Stipulations will be submitted for judicial review to determine if the case is eligible for a voluntary settlement conference. (c) Settlement Conference Scheduling 1. Conferences will be set with a Settlement Attorney appointed by the Court or a Family Law Pro Tem. 2. Conferences will be held remotely on Zoom. In-person conferences may be held at the Watsonville Courthouse if all parties agree. 3. A status conference hearing will be scheduled 3-6 weeks after the voluntary settlement conference date. 4. It is the policy of the Court not to continue matters set for settlement conference without good cause. Requests to reschedule a settlement conference date shall be done by filing a stipulation and order with the clerk at least five court days prior to the settlement conference date using mandatory Local Form SUPFL 501. a) Future availability should be specified in the stipulation. b) If the matter is rescheduled updated financial documents may need to be submitted. 5. Cancelling a scheduled conference may be done by either party after notice to the other party. Requests to cancel should be made as soon as possible but no later than five court days prior to the scheduled date. A party may cancel the conference by: a) Emailing a request to take off calendar to familylawinfo@santacruzcourt.org or b) Submitting a request on pleading paper to the Clerk’s Office. (d) Voluntary Settlement Conferences 1. Parties shall meet and confer at least ten court days prior to the scheduled date. 2. Confidential settlement conference statements shall be submitted to the court by both sides at least five court days prior to the scheduled date. The settlement conference statement shall include: a) For issues of support: i. An Income and Expense Declaration, Judicial Council form FL-150, including the last two months of pay stubs or profit and loss statement if applicable. ii. The following should be exchanged but not filed with the court at least ten days before the settlement conference: 1. The last two years income tax returns, 2. Corporate income tax returns if applicable, 3. W-2’s, 4. 1099’s for the last two years and 5. Any and all information to assist in deciding questions of income. iii. A proposed XSpouse calculation run in the last 30 days. The court may exercise its discretion in not enforcing this requirement for self-represented litigants. b) The proposed division of property and debts should be set out including how any equalization payment should be handled. c) Cases with a history of Domestic Violence should include a brief statement to that effect. 3. Failure to file a timely settlement conference statement shall result in the conference being taken off calendar and set for an order to show cause why sanctions should not be imposed to be heard at the next scheduled status conference. (e) Settlement Agreements The parties shall endeavor to document the agreement during the settlement conference. In cases where there is good cause for not documenting during the settlement conference, the court will provide alternative options. (Eff. 7/1/05) (Rev. 1/1/07) (Rev. 1/1/09) (Rev. 1/1/11) (Renumbered 1/1/13) (Renamed & Rev. 1/1/21) (Rev. 1/1/24) (Rev. 7/1/25) Rule 3.1.09 Judicial Mediation (a) The Court may conduct judicial mediations. The scope and content of the mediation is in the discretion of the judicial officer facilitating the mediation. Judicial mediation will be facilitative in nature. (b) Counsel shall prepare and lodge a confidential mediation brief at least seven (7) court days prior to the mediation date. The brief shall not exceed ten pages, excluding necessary exhibits. Failure to comply with this requirement may result in monetary sanctions, termination of the mediation, or both. (Eff. 1/1/07) (Rev. 1/1/11) (Renumbered 1/1/13) (Rev. 7/1/17) (Rev. 1/1/21) Rule 3.1.10 Trial (a) Matters will not be set for trial until discovery has been completed. (b) Trials will be set directly on the Family Law Department Calendar. (c) Unless the Court states otherwise, trial briefs are required for any evidentiary hearing greater than 1 and ½ hours in length. Trial briefs are due no later than seven (7) court days prior to the scheduled trial date. (Eff. 1/1/06) (Renumbered 1/1/07) (Rev. 1/1/09) (Renumbered 1/1/13) (Rev. 1/1/16) (Rev. 1/1/21) Rule 3.1.11 Stipulation to Commissioner In some proceedings assigned to a family law department, the parties may be asked to stipulate that their matter be heard and decided by a commissioner, acting as a temporary judge, including the power to punish for contempt. (Eff. 7/1/05) (Renumbered 1/1/06) (Renumbered 1/1/07) (Rev. 1/1/09) (Renumbered 1/1/13) Rule 3.1.12 Stipulation to Drop/Request to Reset Motions and OSC [REVOKED] (Eff. 1/1/08) (Rev. 1/1/09) (Renumbered 1/1/13) (Revoked. 7/1/13) Rule 3.1.13 Ex Partes in Family Law (a) Ex Parte Application (Domestic Violence filings, see item (i) below) Ex parte applications are extraordinary remedies. Most ex parte applications are appropriate only when irreparable injury or immediate danger would result before the matter could be heard through the regular process of filing a motion (order to show cause). All ex parte applications are handled on the documents submitted. (b) Notice of Application The moving attorney or self-represented party must give notice of all ex parte applications to the opposing attorney or self-represented party prior to submission of the request, except where it is impossible to give notice, notice would frustrate the purposes of the order requested, and notice would result in irreparable injury or where no significant burden or inconvenience would result. The different types of notice accepted by the Court are indicated on Judicial Council form Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, FL-303. This notice must be given by 10:00 a.m. the court day before the 1:00 p.m. ex parte hearing (notice given by 10:00 a.m. Friday will result in a court day the next day the court is open). The same day you give notice you must contact the ex parte clerk at the Watsonville Courthouse by 11:00 a.m. to inform the Clerk’s Office that you have an ex parte hearing the next day. You can reach the clerk by calling (831) 786-7200 or emailing familylawinfo@santacruzcourt.org . If you don’t have access to a phone, you may bring written notice to the Watsonville Courthouse Clerk’s Office of your intent to have an ex parte hearing. Written notice must be submitted in person by 11:00 a.m. the court day before you want to have the ex parte hearing. (c) Submitting Ex Partes All ex parte moving papers shall be submitted to the Clerk’s Office. Ex parte moving papers must be delivered to the Watsonville Courthouse no later than 3:00 p.m. the day before the ex parte hearing. (d) Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders The attorney or self-represented party requesting ex parte orders must submit Judicial Council form Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, FL-303 along with other moving papers. THERE IS AN ABSOLUTE DUTY TO DISCLOSE IN YOUR MOVING PAPERS BOTH (1) THE FACT THAT A REQUESTED EX PARTE ORDER WILL RESULT IN A CHANGE OF STATUS QUO AND/OR (2) WHETHER ORDERS ARE ALREADY IN EFFECT REGARDING THE SAME ISSUE. (e) The person filing for the ex parte must provide a copy of the moving papers to the other side no later than 3 p.m. the day before the ex parte hearing. The papers may be delivered in person, by fax or by email. (f) Opposition Responding/opposing attorneys or self represented parties shall submit their objections to the party moving for ex parte application and to the clerk’s office as soon as possible after notice is received, but no later than 10:00 a.m. the day of the hearing. (g) Ex Parte Orders All family law ex parte orders are ready at approximately 1:30 p.m. Parties will be notified by the Clerk’s Office if there is a change in time for the ex parte orders. If you electronically file your ex parte request, you must include availability dates with your ex parte request. Include three dates both to cover an order shortening time (no more than 21 days) and a denied order shortening time (no less than 30 days). Your ex parte papers and court date will be returned electronically. If you decide you do not want to go forward on your ex parte motion, normal procedures should be followed to take a matter off calendar. The refund of your filing fee will take approximately 4 to 6 weeks. If you do not include dates with your electronically filed ex parte, then it will be assumed you are picking up the paperwork in person, and the papers will be processed for in person pick-up. If you are a self represented litigant who filed court papers at the clerk’s office in Watsonville, ex parte court papers can be picked up at 1:30 p.m. when you will schedule a court date. (h) Domestic Violence Restraining Orders (Domestic Violence Prevention and Elder or Dependent Adult Abuse Prevention) must be filed with the Clerk’s Office no later than 10:00 a.m. for the request to be considered that same day. If the initial papers are brought to the Santa Cruz Clerk’s Office, they will be scanned to the Watsonville Courthouse. All papers, other than the initial restraining order request, must be filed at the Watsonville Courthouse. (Eff. 1/1/09) (Rev. 1/1/11) (Renumbered & Rev. 1/1/13) (Rev. 7/1/13) (Rev. 7/1/16) (Rev. 1/17) (Rev. 7/1/17) (Rev 1/1/24) (Rev. 7/1/24) Rule 3.1.14 Service by Publication or Posting for Summons (a) A petitioner may serve a summons by publishing or posting only if service cannot be effectuated as outlined by the Code of Civil Procedure § 415.10 through § 415.40. However, service by posting may be ordered only if the petitioner is found to be indigent. (b) To request service by publication or posting, the petitioner must follow the instructions, complete and submit to the Court the following Judicial Council forms; Application for Order for Publication or Posting (FL-980), Order for Publication or Posting (FL-982), and when needed Proof of Service by Posting (FL-985). (Eff. 1/1/09) (Rev. 1/1/11) (Renumbered 1/1/13) (Rev. 7/1/13) Rule 3.1.15 Assignment of Cases and Challenges to Assigned Judge (a) Upon first filing of a case in the Family Law Division the clerk shall assign the case to one of the two family law departments. These case assignments are deemed “all-purpose” assignments under Code of Civil Procedure Section 170.6(a)(2). All matters shall be initially calendared in the appropriate department based on the “all-purpose” assignment. Nothing in these rules shall prevent the court from reassigning a subject case to a different judge, in which case the court shall notify the parties of the assignment. (b) A challenge to the assigned judge pursuant to Code of Civil Procedure section 170.6 shall be made within 15 days after notice of the all-purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. Upon the acceptance of such a challenge, the court shall reassign the case to a different judge and notify counsel, or parties, of the reassignment. (Eff. 7/1/19) (Rev 1/1/22) Rule 3.1.16 Request for Continuances (a) A request to continue a previously filed Request for Order may be made by agreement of the parties by completing and filing Judicial Council form FL-308 Agreement and Order to Reschedule Hearing or if there is no agreement the process outlined below. (b) Time for submitting request: In accordance with California Rule of Court 5.95(d)(1)(A)(iv), the request for continuance and proof of service must be submitted to the court no later than 5 court days prior to the hearing date originally set on the request for order. (c) Requesting to continue a hearing for an unserved Request for Order: Complete and file Judicial Council forms FL-306 Request to Reschedule Hearing, or FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders, and the FL-309 Order on Request to Continue Hearing. No notice to the other party is required since they have not been served. The court will set a new date. No more than two requests to continue may be made using this procedure. (d) Requesting to continue a hearing for a Request for Order that has been served on the other party: 1. Complete the FL-306, or FL-307 for temporary orders, and the FL-309. Before filing with the court, the other party or attorney for the other party must be served with a copy of the request in accordance with Family Law Ex Parte Local Rule 3.1.13 and a proof of service completed using either Judicial Council form FL-303 or local form SUPFL 1104. 2. Response to request: A written response must be filed and served as soon as possible after notice is given, but no later than 10:00 a.m. the day the request is scheduled to be heard. Judicial Council Form FL-310 Responsive Declaration to Request to Reschedule Hearing may be used. (e) Untimely Request: If the request is unable to be made in accordance with (b) the party asking to reschedule shall appear in court on the scheduled hearing date to make an oral request for a continuance in accordance with California Rule of Court 5.95(d)(1)(B). The requesting party must complete and submit a proposed FL-309 Order on Request to Reschedule Hearing. (Eff. 1/1/20) (Rev. 7/1/20) (Rev. 7/1/21) Rule 3.1.17 Domestic Violence Coordination Protocol Purpose: This rule sets forth the court communication and coordination protocol for Domestic Violence and Child Custody Orders as required by the California Rules of Court. This protocol is intended to avoid the issuance of conflicting orders when possible, and to permit appropriate visitation between a restrained person and the children who are the subject of a family, probate or juvenile proceeding, while providing for the safety of all victims and witnesses. Furthermore, the best interests of the children, litigants and the Court are promoted by early identification and coordination of proceedings involving the same children or the children’s caretakers. To that end, this rule is also designed to promote the policy that all bench officers have information about the existence of overlapping cases. This rule recognizes the statutory requirement that a criminal protective order (“CPO”) has precedence of enforcement over all other contact orders except in situations where the CPO is less restrictive than the contact order issued by another court. If a CPO permits exceptions allowing for peaceful contact pursuant to an existing or future court order of the family, juvenile or probate court issued to effectuate the safe exchange of children and permit court-ordered visitation, then such contact and visitation between a criminal defendant and a protected party or parties will be governed by the family, juvenile or probate court’s contact order. If the CPO does not provide for exceptions for court ordered visitation by the family, juvenile or probate court, then the criminal defendant will be required to seek modification of the CPO from the criminal court before another court can allow such contact or visitation. (a) Court Communication: It is this court’s goal to coordinate domestic violence orders. It is the clerk’s responsibility, upon any request for protective orders, to make reasonable efforts to determine if any such orders have already been issued to the same parties or children in any other department of the Santa Cruz Superior Court by accessing the court’s case management system. (b) Avoiding Conflicting Orders: The family court shall not knowingly issue a protective order in conflict with a criminal protective order (“CPO”) of the criminal court, but it may issue a more restrictive order. If a conflicting order issues inadvertently, the orders of the criminal law proceeding shall have priority if the CPO is more restrictive. (c) Modification of Criminal Orders: A court issuing a criminal protective order may, after review of any existing family, probate, or juvenile court orders, modify the criminal protective order to allow or restrict contact between the criminal defendant and their children, spouse, or other protected person(s). (d) Coexisting Criminal, Family, Probate and Juvenile Orders: A family, probate 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/criminal defendant and their children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “stay-away” or a “no contact order” issued by a criminal court. 2. Safety of all parties shall be the Court’s paramount concern. The family, probate or juvenile court order shall specify the time, day, place, and manner of transfer of the children, to the extent required by Family Code section 3100. (e) Issuance and Enforcement of Restraining Order: Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file endorsed copy of the order to the Santa Cruz County Sheriff's Department for input into CLETS (a statewide computerized registration system for restraining orders). (Eff. 7/1/24) Rule 3.2 FINANCIAL ISSUES Rule 3.2.01 Financial Issues - General Rules (a) The Court's temporary spousal support guideline is based on the current Alameda County guidelines using the XSpouse program. The suggested schedule is a guideline only and the Court will exercise its discretion and depart from the schedule upon a showing of good cause. (b) At the time of hearing on spousal and/or child support, each party will be expected to furnish evidence as to the earnings of the parties or explain the inability to secure same. (c) For all child support hearings and for temporary spousal support hearings, each party must submit a printout using a Judicial Council approved support program that reflects the party’s proposed findings on the issues to be decided. This may be submitted with the initial request or no later than 5 days before the court date. The printout must be served on the other side. In the event that either party seeks a support order which deviates from the statewide uniform child support guidelines, that party shall set forth the factual basis for the request in their pleadings. The court may exercise its discretion in not enforcing this requirement for self-represented litigants. (d) The Court uses XSpouse for its child support and temporary spousal support calculations. In Department of Child Support (DCSS) cases, the Court uses the Department of Child Support’s web-based guideline calculator. (e) Except in DCSS cases, the Court discourages counting hours to determine timeshare. The Court will not use less than whole numbers in computing timeshare. (f) In most non-DCSS cases, the Court uses the following timeshare percentages: • one evening per week 7% • 1-24 hr. day per week 14% • alternate weekends 14% • split holidays 2% • 1 week per year 2% • 2 hours per week 1% (Rev. 7/1/97) (Rev. 1/1/06) (Rev. 1/1/09) (Rev. 7/1/21) (Rev. 1/1/24) (Rev. 7/1/25) Rule 3.3 CUSTODY ISSUES Rule 3.3.01 (Reserved) Rule 3.3.02 Child Custody Recommending Counseling (CCRC) (a) Meet and Confer: Parties shall make a good faith effort to arrive at an agreement regarding child custody or visitation before any court hearing. (b) Child Custody Recommending Counseling (CCRC): If there is disagreement over child custody or visitation in the matter before the Court, this issue may be referred to CCRC at no cost to the parties. Parties are allowed three free hours of CCRC every 12 months. After the first three hours court fees will be assessed. Failure to appear without 48 hours’ notice will result in assessment of fees. (c) Santa Cruz is a “recommending” jurisdiction. (d) All Child Custody Recommending Counseling proceedings shall be held in private, and all communications from the parties to the counselor shall be deemed official information within the meaning of Evidence Code § 1040. In the absence of an agreement between the parties, the counselor will make recommendations to the Court as to the custody and visitation issues including, if appropriate, a recommendation for an investigation pursuant to Family Code §§ 3110 through 3113. (e) No challenge of a court counselor shall be allowed. (f) No documents or pleadings shall be sent or provided to counselor unless requested by the counselor. (g) The day of your mediation date you will be required to come 30 minutes early to participate in Family Court Services (FCS) Orientation which consists of a video overview of the mediation process. (Eff. 1/1/00) (Rev. 1/1/01) (Rev. 1/1/09) (Rev. 1/1/11) (Rev. 1/1/13) (Rev. 1/1/16) Rule 3.3.03 Child Custody Evaluations (a) Court ordered evaluations. All evaluators appointed by the Court to conduct child custody and visitation evaluations, whether by stipulation or otherwise, shall be appointed under Evidence Code Section 730. (b) Evaluator selection Where the parties are unable to agree on an evaluator to conduct the custody evaluation, the Court shall select an evaluator for the parties in a manner as determined by the Court. If the evaluator appointed by the Court does not accept the appointment, the parties or their attorneys shall contact the Court and request the appointment of a different evaluator. A list of private evaluators who have represented that they meet the training and education requirements of the California Rules of Court, Rules 5.225 and 5.230 will be maintained by Family Court Services. The list is publicly accessible on the Family Court Services page of the Court’s website. If you are unable to access the digital version, the Self Help Center will provide a hard copy of the list. (c) Challenge of the Evaluator No challenge of a Court-appointed evaluator shall be allowed. (d) Withdrawal from a case A private evaluator may withdraw from a case upon a showing of good cause to the trial court making the appointment. (e) Information from children The Court relies on the judgment of evaluators in making decisions about when, how often, and under what circumstances children are interviewed. Except in extraordinary circumstances, including the potential for danger to the child, children will be informed that the information provided by the child will not be confidential. A child may be seen alone, with one parent, and/or both, at the discretion of the investigator. Interviews with siblings may be separate, at the discretion of the investigator. (f) Complaint procedure If a party alleges that an unprofessional or inappropriate act has occurred on the part of the evaluator during the evaluation, the party may discuss the complaint with the evaluator directly in order to handle misunderstandings. Complaints concerning the evaluator will not be considered by the Court until after the evaluation is completed, at the hearing on receipt of recommendations. Complaints must be submitted to the Clerk’s Office no later than 15 calendar days before the hearing with copies to the evaluator and all other parties or their attorneys. The evaluator shall submit a written response to all issues raised in the complaint at least 2 calendar days before the hearing. The judge will address the complaint at the time of the hearing. If the party submitting the complaint objects to the bench officer’s resolution of the complaint, the complaint shall become an issue at trial. (g) Evaluation report 1. All written reports and recommendations shall be served upon the parties or their attorneys. 2. Any written report or recommendation as part of the evaluation shall be confidential and unavailable to any person except the Court, the parties, their attorneys, and any person to whom the Court expressly grants access by written order made with prior notice to all parties. 3. Pursuant to Family Code § 3111(a), any evaluation report generated by an evaluator may be considered by the court and admitted into evidence at any hearing or trial. (Eff. 1/1/99) (Rev. 1/1/01) (Renumbered & Rev. 1/1/09) (Rev. 1/1/11) (Rev. 7/1/24) Rule 3.3.04 Communication (a) No investigator or custody counselor may accept ex parte communication from counsel or any party. No attorney or party shall contact the investigator or custody counselor unless in the presence of the opposing counsel or party or in writing. All writings provided to the investigator or custody counselor by one attorney or party shall be provided to the opposing counsel or party in a timely fashion. (b) No attorney or party shall request information regarding final recommendations from any investigator or custody counselor prior to the release of the final report. No investigator or custody counselor shall divulge final recommendations to either party or their attorney, separately. Final recommendations shall be made available in written form to all parties and their attorneys simultaneously. (c) No documents or pleadings shall be sent or provided to any evaluator unless requested by the evaluator. (Rev. 7/1/95) (Rev. 1/1/01) (Renumbered & Rev. 1/1/09) (Rev. 1/1/11) (Rev. 1/1/13) (Rev. 1/1/24) Rule 3.3.05 Referrals In some cases, involving allegations of abuse, neglect or other serious unfitness of a parent, the investigation of these issues will be referred by the Court for an investigation under Welfare & Institutions Code § 300. This referral may occur at any stage of the proceedings. Appointment of counsel under Family Code §§ 3150, et seq. will be considered. (Rev. 7/1/95) (Renumbered & Rev. 1/1/09) Rule 3.3.06 Private Mediation The parties may stipulate to have a private mediator or custody investigator attempt to help resolve their disputes regarding custody and visitation. (Rev. 1/1/01) (Renumbered 1/1/09) (Rev. 1/1/11) Rule 3.3.07 Complaint Process (a) Complaints regarding Family Court Services shall be registered in writing with the Court Executive Officer (CEO). (b) The CEO, or their designee, shall conduct an appropriate investigation of the matter including consultation with the individual. Within 30 days the CEO will respond. The date and action taken shall be recorded and the complainant shall be informed in writing. (Rev. 1/1/01) (Renumbered 1/1/09) (Rev. 1/1/11) (Rev. 1/1/24) Rule 3.3.08 Processing and Maintaining Reports and Declarations from Supervised Visitation Providers (a) Supervised visitation providers have several legal responsibilities and duties under Family Code section 3200.5 and Standard 5.20 of the California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation). Providers should be familiar with all requirements. In addition, the following obligations must be satisfied. (b) Professional Supervised Visitation Providers’ Obligations: 1. All professional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met. See Standard 5.20(e)(13). Only training approved by the Judicial Council of California will be accepted by Santa Cruz County Superior Court. a) The Declaration (FL-324(P)) must be submitted to the Family Court Services Director before the first supervised visit for new providers. b) The FL-324(P) must be submitted the first week of January each year for professional providers already included on the list. c) This form will be maintained by the Family Court Services Department. d) Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted with the report. The reports should be filed in-person or e-filed at their discretion or when requested by parties, i.e., parents, attorney, the judge. 2. The Family Court Services Department will maintain a list of providers who have submitted a form FL-324(P) in the past year. The list will also be available on the Court’s website. The Court has the discretion to add or remove providers from the list based upon the needs of the Court but does not endorse, evaluate, supervise, or monitor the listed providers or their facilities. (c) Nonprofessional Supervised Visitation Providers’ Obligations: 1. All nonprofessional supervised visitation providers are required to file a Declaration of Supervised Visitation Provider (Nonprofessional) Judicial Council Form (FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met before serving as a visitation provider. See Standard5.20(d)(3). 2. If a nonprofessional provider will be used, the parents should inform the court and file the FL-324(NP) form with the court. The Declaration (FL-324(NP)) can be obtained at the Family Court Services Department, Self Help Center, or www.courts.ca.gov. 3. Visitation Providers are encouraged to review the material available at https://www.courts.ca.gov/cfcc-acesstovisitation.htm regarding the role and duties of a visitation provider/monitor. (Eff. 7/1/2022) Rule 3.4 CO-PARENT COURSE Rule 3.4.01 Co-Parenting Course (a) After filing for dissolution, legal separation, paternity, nullity, or petition for custody and support, those parties with children will be required to complete an educational online course designed to inform parents of the needs of children when their parents do not live together. This is mandatory. It must be completed before judgment may be entered. Parties filing other case types may be ordered by the court to complete the online course. (b) The parties must complete the Judicial Council’s online Parenting after Separation Course or PAS (Families Change: http://parenting.familieschange.ca.gov/). There are no substitutions without prior judicial approval. (Eff. 7/1/91) (Rev. 1/1/01) (Rev. 1/1/11) (Rev. 1/1/16) (Rev. 7/1/16) (Rev. 1/1/18) (Rev. 7/1/21) (Rev. 1/1/21) Rule 3.4.02 Attendance (a) Both parties must complete the online course. (b) In true default cases (no response and no agreement/MSA) the respondent is not required to complete the online course; however, the Court highly encourages it and may require that the respondent complete the course in the future if they file any requests for orders regarding their children. (c) The parties should complete the online course before their first court appearance. This may be a hearing on a Request for Order, mediation appointment, or status conference, whichever comes first. (d) After completing the online course, the party will be required to print out and file a copy of the certificate with the Court. A certificate is required to be on file to complete the court case as stated in Local Rule 3.4.01(a). (Eff. 7/1/91) (Rev. 1/1/01) (Rev. 1/1/11) (Rev. 1/1/16) (Rev. 1/1/18) (Rev. 7/1/21) Rule 3.4.03 Co-Parenting Course Information Sheet A copy of the information sheet on the co-parenting course requirement shall be served with the summons and petition. (Eff. 7/1/91) (Rev. 7/1/21) (Rev. 1/1/23) Rule 3.5 OFFICE OF FAMILY LAW FACILITATOR (Incorporated into Self Help Center 1/1/09) Rule 3.5.01 Duties (a) When performing duties under the Family Law Facilitator Act (Family Code § 10000, et. seq.), in addition to the services provided by the family law facilitator set out in Family Code § 10004, the duties of the facilitator may include any or all of the duties set out in Family Code § 10005, as designated by the Court and subject to adequate funding. (b) The Court may assign duties to the facilitator outside the scope of the Act if funding other than AB 1058 funding is available to expand the facilitator’s hours. (Eff. 7/1/97) (Rev. 1/1/00) RULE 3.6 TIME TO PREPARE ORDERS/JUDGMENTS Rule 3.6.01 Order Preparation The timeframe to prepare court orders, as set by the California Rule of Court Rule 5.125, does not start to run for litigants sent to the Self Help Center for assistance in preparing orders, until the date of their appointment. (Eff. 1/1/13) RULE 3.7 COURT REPORTER Rule 3.7.01 Court Reporters [REVOKED] incorporated into Rule 9.1.02 (Eff. 1/1/13) (Rev. 7/1/15) (Revoked 1/1/18 incorporated in to 9.1.02) Rule 3.8 COUNSEL FOR MINOR CHILDREN Rule 3.8.01 Appointment of Counsel If the family court appoints counsel for a minor child, the appointed attorney must file the Judicial Council form Declaration of Counsel for a Child Regarding Qualifications (FL-322) with the court indicating compliance with all requirements, including education requirements, no later than 10 days after being appointed and before beginning work on the case. The Judicial Council form Order Appointing Counsel for a Child (FL-323) will be prepared by the Court, by one of the parties or party’s counsel, at the Court’s direction, after the appointment is made. See Family Code §§ 3150 et seq. and California Rules of Court 5.240 et seq. (Eff. 7/1/14) Rule 3.8.02 Complaint Process Any party or counsel may present a complaint about the performance of appointed counsel. The complaint must be in writing and served on counsel and self-represented parties. The complaint is to be directed to the Court’s Presiding Judge. A response to the complaint, if any, shall be directed to the Court’s Presiding Judge within seven days of service. The response must be in writing and served on all parties. The Presiding Judge, or their designated agent, shall respond by either setting the matter for hearing or issuing a written response within 30 days. (Eff. 7/1/14) (Rev. 1/1/24)
DIVISION THREE – FAMILY LAW Rule 3.1 GENERAL RULES Rule 3.1.01 Local Civil Rules Applicable to Family Law Except as otherwise provided in these rules, all provisions in the Local Civil Rules apply to Family Law proceedings. (Rev. 1/1/93) (Rev. 1/1/95) (Rev. 1/1/09) (Rev. 1/1/13) Rule 3.1.02 Telephone Appearance [REVOKED] (Eff. 1/1/13) (Rev. 7/1/14) (Rev. 7/1/20) (Revoked 1/1/21) Rule 3.1.03 Meet a
Reviewer note: Composed 2026-10-07 (California T4 Santa Cruz build 2026-10-07) from BenchPath custody ca/t4/ca-santa-cruz/docs/local-rules/santa-cruz-superior-court-local-rules-court-july-1-2026-final.pdf (1421611 bytes, sha256 a997ec993bbbd5c2534a1f92b30961a0c2586b4bbd601a165d1ba05a75622910; 175 pages; this division's rules are pages 43 to 64) with the shared verbatim composer (v2 reflow). The running header (Superior Court of California; County of Santa Cruz; Local Rules July 1, 2026) and the page numbers removed as chrome; the cover, the navigation note, the table of contents, Appendix A (the list of rules with their histories), Appendix B (the list of local forms) and the index belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading and history note on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The book prints its list labels as images: 102 labels set before the lines they label from their placements on the pages (build/labels.py; each placement labelled once, the composer's characters unchanged). Documented layout fixes (read on the page; the proofs hold): history notes printed on two lines set as one paragraph each; form numbers hyphenated at a line end joined (“FL-150”, “FL-303”); Rule 3.3.08's wrapped heading joined; Rule 3.5's note “(Incorporated into Self Help Center 1/1/09)” set on its own line. Review note: The list labels (“(a)”, “1.” ...) print as images in the rule book, not as text; each is set before the line it labels from its placement on the page (build/labels.py; every placement in the division labelled once). Published as printed: Rule 3.1.07(a) “local from SUPFL 1042”; Rule 3.3.08 “See Standard5.20(d)(3)”. The court's Local Forms page links mandatory Local Form SUPFL 501 (Rule 3.1.08) to an address that answered 404 on 2026-10-07 (a review task).
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.