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Chapter 8 (Rules 8.01 to 8.12): Family Law matters heard by a judge or the commissioner, the Family Law calendar’s matters including guardianship proceedings under Probate Code §§1500 et seq., child support agency actions and adoption matters, proofs of service under Code of Civil Procedure §1013(a), the rules the protocol under Family Code §10006, and Chapters One through Five apply to family law (8.01); the law & motion calendar for Family Law cases held weekly on Wednesday, a hearing that will require more than fifteen minutes set on the long cause calendar, remote appearance under Local Rule 2.22, ex parte orders with the “Declaration Re Ex Parte Notice” (Appendix 3) and a declaration under Family Code §6300, meet and confer and exchange of documentary evidence before any hearing, stipulations in writing, the Court looks with disfavor on continuances, and declarations received in evidence (Family Code § 217) (8.02); informal discovery encouraged and a discovery plan tailored to the case (8.03); parties to disclose all relevant financial information when a financial matter is at issue, a current Income and Expense Declaration, an unemployed party’s declaration, tax returns attached to a separate declaration marked “CONFIDENTIAL TAX RETURN”, DCSS documents within the time processing standards of ten (10) working days and its moving papers a calendar date assigned within three (3) to five (5) court days (8.04); court-ordered child custody recommending counseling (CCRC) before a contested hearing, an agreement adopted as the court order, the CCR Counselor’s report and optional recommendation, attorneys may not attend the counseling sessions, a remote session for a nonresident, the CCR Counselor required by law to report an allegation of abuse, children not brought to sessions, counsel for the child under Family Code § 3150, interpreter requests 5 days before the session, disclosure of juvenile court proceedings and of agency involvement, reports served no less than five (5) days before a hearing, complaints to the Court’s Executive Officer and no peremptory challenges of the CCR Counselor (8.05); custody and visitation orders obtained before other issues are set for trial, written custody agreements filed not less than three (3) court days before, an initial case management date 180 days after filing, preliminary disclosure before a settlement conference or trial, a statement of issues at least ten (10) days prior to the trial date or two (2) days prior to a Settlement Conference, the parties to exchange copies of exhibits at least five (5) court days prior to trial, the value of a vehicle fixed at the Kelly Blue Book mid-point, and a motion for an alternate valuation date at least thirty (30) calendar days before trial (8.06); default judgments - a Declaration in Support of Nullity, the declaration for default, an income and expense declaration and a property declaration where required - the formal judgment with all orders, the notarized signature of a defaulting spouse on a settlement agreement, the reservation of child support jurisdiction, attorney fees over $1,000.00 supported by a declaration, marital status to terminate no less than six (6) months and one (1) day after jurisdiction, and the Notice of Entry of Judgment (Judicial Council Form FL-190) with two copies and two (2) envelopes (8.07); uncontested judgments by stipulation - the property settlement agreement’s requirements, the Appearance, Stipulation and Waivers (FL-130) and the Declaration for Default or Uncontested Dissolution (FL-170), stipulated nullity judgments, the child or family support stipulation (FL-350), the marital settlement agreement incorporated, and the notice of entry of judgment (8.08); the Facilitator under Family Code §10000, et seq., who manages the Self-Help Clinic, users not charged, additional duties, and a complaint to make in writing and file with the Court Executive Officer within sixty (60) days (8.10); stepparent adoptions with a necessity of consent hearing, a citation (Appendix 7) served under Family Code §7880 and a hearing within forty-five (45) calendar days, notice to an alleged natural father not found, and the release of adoption files on the forms of Appendix 5 (8.11); and sanctions under Rule 2.30 of the California Rules of Court, Code of Civil Procedure §§ 128.5, 128.7, 177.5 and/or 575.2, and/or Family Code §271 (8.12).
CHAPTER 8: FAMILY LAW RULES 8.01 Organization of Family Law Proceedings A. Assignment of Family Law Matters All Family Law matters are assigned to and heard by a judge of the Siskiyou County Superior Court, or by the commissioner of the Siskiyou County Superior Court pursuant to Local Rule 2.01. (Subd A. amended effective July 1, 2024.) B. Calendaring of Family Law Matters The following matters ar
Reviewer note: Composed 2026-10-12 (California T4 Siskiyou build 2026-10-12) from BenchPath custody ca/t4/ca-siskiyou/docs/local-rules/2026-final-local-rules-court.pdf (the court's rule book, its cover “THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SISKIYOU LOCAL RULES OF COURT EFFECTIVE JULY 1, 2026”, as fetched 2026-10-12; 1504869 bytes, sha256 9e07c0764cd81357bc6f3c7cafe81cd348e139ae21ffb9a44495632e4ac89471; 160 pages; this part PDF pages 81 to 98, printed pages 8-1 to 8-18) with the shared verbatim composer (v2 reflow): the rules (PDF pages 10 to 132, Chapters 1 to 11) and Appendix 1, the Rules for Decorum in the Courtroom that Rule 2.05 makes binding (PDF pages 134 to 137), composed as one text - the appendices' divider page (PDF page 133) left out - and cut at the eleven chapter headings and at Appendix 1's heading, each matched once at a line start (every part opens a page); chrome removed (520 lines): the running header in each page's top band (“LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT”) and the footer in its bottom band (“Siskiyou County Superior Court Local Rules”, the page label “N-M” or “Appendix 1, page N of 4”, the date the page was revised or replaced, and a stray letter “a” printed into the footer on twenty pages of Chapters 3 and 4), with the footer's date box set high on PDF page 11 and a lone period below Chapter 3's last rule on PDF page 35 named as running lines (review/render/p11-stray-date-box-2026-10-12.png, p35-stray-marks-2026-10-12.png); the object replacement character (U+FFFC) of two headings - Rules 4.03 and 6.12, where every other heading has a tab - read as the space it stands for (review/render/object-replacement-headings-2026-10-12.png); lines reflowed into the rules' paragraphs, each rule's number set with its title (“2.02 Official Court Reporters”), each subdivision starting a line and each history line (“Rule 2.02 renumbered effective July 1, 2024; ...”) on its own line; no table on the composed pages; the strike report (review/strike-report-2026-10-12.txt) finds struck text only on PDF page 150 (Appendix 6, a form of accounts, outside the composed pages); 8 whitespace-only fixes (build/book-fixes.json: Chapter 4's two-line heading set as one line; five false breaks rejoined - in Rules 3.03, 5.11, 5.12, Rule 7.03's history line and Rule 9.07(F)(2)'s inline list; Rule 2.02(B)'s “FW-020” closed up across its printed line end; Rule 9.06(A)(2)'s two-line signature format set apart as printed); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-12.txt and review/book-audits-after-fixes-2026-10-12.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed (Rule 3.05's number printed “3:05”; “FL- 350” in Rule 8.08); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the publisher's notes (PDF pages 2 to 4), the table of contents and the list of effective dates (PDF pages 5 to 9), the appendices' divider (PDF page 133), Appendix 2 (the court employees' code of ethics, PDF pages 138 to 142), the forms of Appendices 3 to 8 (PDF pages 143 to 153) and the indexes (PDF pages 154 to 160) belong to no card. Review note: Carried as printed: Rule 8.04(A) says “Local Rule 8.05 applies to any Family Law proceeding where a financial matter is at issue”; Rule 8.10(C) refers to “the duties listed in Local Rule 14.10.B” (the former numbering of Rule 8.10(B)); and Rule 8.05(A)(9) reads “The Court generally does provide interpreters for CCRC unless the non-English-speaking parent is accompanied by a neutral individual”.
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 > Siskiyou County > Superior Court of California, County of Siskiyou
CHAPTER 8: FAMILY LAW RULES 8.01 Organization of Family Law Proceedings A. Assignment of Family Law Matters All Family Law matters are assigned to and heard by a judge of the Siskiyou County Superior Court, or by the commissioner of the Siskiyou County Superior Court pursuant to Local Rule 2.01. (Subd A. amended effective July 1, 2024.) B. Calendaring of Family Law Matters The following matters are assigned to the Family Law calendar: 1) All matters arising from the Family Code including cases where the designated child support agency appears on behalf of the County of Siskiyou or any party; 2) Matters arising from Probate Code §§1500 et seq. (guardianship proceedings); 3) Matters arising from orders to show cause, motions, or trials in actions brought by the designated child support agency pursuant to the Welfare and Institutions Code or to Family Code §§17000 et seq.; 4) Adoption matters, whether heard in camera or in a closed courtroom; 5) Post-judgment matters involving omitted or reserved property issues in dissolution actions; and 6) Non-marital property right actions that have been consolidated for trial with Family Code or Uniform Parentage Act actions, except for property rights actions in which a jury trial has been demanded. (Subd B. amended effective July 1, 2024.) C. Use of Judicial Council Forms; Proofs of Service; And Family Code Section 10006 1) Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the Court must be accompanied by a proof of service of that document; and the proof of service must be in compliance with Code of Civil Procedure §1013(a). 2) These Rules constitute the protocol of this Court, adopted pursuant to Family Code§10006, wherein all litigants shall have ultimate access to a hearing before the Court. (Subd C. amended effective July 1, 2024.) D. Application of Chapters One Through Five (The “Civil Rules”) to Family Law Matters Except where otherwise specifically stated, Chapters One through Five of these Local Rules apply to all proceedings under this Chapter Eight. (Subd D. amended effective July 1, 2024.) Rule 8.01 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:01 July 1, 1996; amended effective July 1, 2013 and January 1, 2019 previously renumbered as Rule 8:01 effective January 1, 2022. 8.02 Family Law Motions, Orders to Show Cause, and Requests for Orders A. Calendars for Family Law Motions and Orders to Show Cause 1) Date and Time. The law & motion calendar for Family Law cases is held weekly on Wednesday. 2) Time Limit. If after the calendar call, the moving or responding party contends the hearing will require more than fifteen minutes, the court may set the matter for testimony on the next available long cause calendar. (Subd A. amended effective July 1, 2024.) B. Remote/Telephonic Appearance: See Local Rule 2.22 (Subd B. amended effective July 1, 2024.) C. Requests for Ex Parte Orders Pending Hearing Ex parte motions must be made and conducted as set forth in Chapter Three of these Rules and will be calendared in the Family Law Department. 1) For ex parte matters made pursuant to the Family Code, the form “Declaration Re Ex Parte Notice” (Appendix “3”) must be completed by counsel or self- represented party and submitted with the ex parte application. Paragraph 1) amended effective July 1, 2024. 2) Orders will be issued ex parte only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code §6300 and Code of Civil Procedure §527. If the affidavit or declaration does not contain a sufficient factual basis for a requested order, it will not be granted. Counsel will not be permitted to augment affidavits or written declarations by verbal statements. (Subd C. amended effective July 1, 2024.) D. Meet and Confer Requirements; Exchange of Documents; Stipulations 1) Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues. While conferring, or prior thereto, litigants must exchange all documentary evidence that is to be relied on for proof of any material fact. Failure to meet and confer or to exchange documents in a timely manner may result in the matter being dropped from the calendar or continued, and the Court may order other appropriate sanctions, including monetary sanctions. At the hearing, the attorneys for the parties must advise the Court as to what issues have been settled by agreement and what issues remain contested. (Paragraph 1) amended effective July 1, 2024.) 2) All stipulations must be in writing and submitted to the Court prior to or at the calendar call on the date set for hearing. (Paragraph 2) amended effective July 1, 2024.) (Subd D. amended effective July 1, 2024.) E. Continuances The Court looks with disfavor on requests for continuances, unless good cause is shown. F. Calendar Call 1) Non-Appearance by a Moving Party. If the moving party or counsel is not present when the calendar is called, the matter ordinarily will be ordered off calendar unless the responding party has requested affirmative relief. 2) Non-Appearance of Responding Party; and Requirement and Effect of Proof of Service. If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the Court; if proof of service is not produced but the moving party alleges that timely service has been accomplished, the matter may be continued to allow submission of proof of service. Where a valid proof of service is provided, the Court will hear the matter. G. Declarations and Testimony at the Hearing Parties must be prepared to present their positions based upon pleadings, declarations, offers of proof and, where relevant and appropriate, competent testimony (Family Code § 217). The Court will consider all declarations to have been received in evidence at the hearing, subject to legal objection and cross-examination where appropriate. [Reifler v. Superior Court, (1974) 39 Cal. App.3d 479.] Rule 8.02 amended and renumbered effective July 1, 2024; previously adopted as Rule 14.02 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:03 effective January 1, 2022. 8.03 Family Law Discovery Parties are encouraged to participate in informal discovery as a means of conserving their financial resources. In appropriate cases, upon the Court’s own motion or upon a request from either party, the Court may adopt a discovery plan that is tailored to the issues of the case and to the financial resources of the parties. (Note: discovery in Family Law matters is governed, in general, by the Code of Civil Procedure; expert witness disclosures are governed specifically by CCP 2034.210 et seq.) Renumbered as Rule 8.03 effective January 1, 2022; originally adopted as Rule 14.03 effective July 1, 2013. 8.04 Rules Applicable to All Financial, Child Support, and Spousal Support Issues A. In General Local Rule 8.05 applies to any Family Law proceeding where a financial matter is at issue. “Financial matter” as used herein includes any request for child support, for spousal or family support, or for attorney’s fees and costs. Parties must disclose to each other and to the Court all relevant financial information, in a timely and complete manner, whenever a financial matter is at issue. The Court may impose sanctions, including monetary sanctions, for failure to comply with this Rule. (Subd A. amended effective January 1, 2022.) B. Income and Expense Declaration; Additional Financial Information 1) Income & Expense Declarations Must be Current. A complete, updated Income and Expense Declaration must be filed whenever a financial matter is at issue. 2) Reserved. 3) Requirement of an Additional Factual Declaration When a Party is Unemployed. If a party is unemployed, that party must submit a declaration describing his or her previous employment, gross/net income earned when employed, and reasons for termination; it also must describe the party’s current efforts to obtain employment. C. Filing Tax Returns with the Court Any tax return to be filed with the Court, whether it is the tax return of the person filing it or the tax return of any other person, must be attached to a separate declaration that identifies the tax return(s) being submitted and that is conspicuously marked: “CONFIDENTIAL TAX RETURN”. D. Minimum Time Processing Standards for Local Child Support Agency The minimum time processing standards for all documents filed with the court by DCSS shall not exceed either: (1) ten (10) working days of filing or (2) immediately, upon request for a specific filing in exceptional circumstances with adequate notice to the court with a showing of urgency. This rule is adopted to comply with the provisions of Judicial Council Standard Agreement, Contract No. 1030653 with the Superior Court of California, County of Siskiyou. E. Processing Timeframes for Moving Papers filed by Local Child Support Agency Motions, Orders to Show Cause, or Requests for Orders filed by DCSS requiring the setting of a hearing date, shall have a calendar date for that hearing assigned by the clerk within three (3) to five (5) court days of the date of filing such moving papers. This rule is adopted to comply with 42 USC §666(a)(2), 45 CFR §303.4 and Family Code §17400(c). (Subd E. adopted January 1, 2016.) Rule 8.04 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:04 effective July 1, 1996; amended effective July 1, 2013, July 1, 2015, January 1, 2016, and January 1, 2019; previously amended and renumbered as Rule 8:04 effective January 1, 2022. 8.05 Procedures and Policies for Resolution of Custody and Visitation Issues A. Counseling for Child Custody Issues 1) Introduction. The Court’s Child Custody Recommending Counselor (“CCR Counselor”), in conjunction with the Court, assists in resolving contested issues concerning children. To that end, the CCR Counselor provides counseling for custody and visitation disputes known as “child custody recommending counseling (“CCRC”) and conducts limited evaluations to support recommendations to the Court regarding child custody and visitation issues. Court-ordered CCRC is required prior to a contested hearing. 2) Procedures Following Child Custody Recommendation Counseling (a) Agreement Reached. In those cases where the CCRC results in an agreement, the CCR Counselor may assist the parties in submitting an agreement to the Court so that it may be adopted as the formal court order (including any agreement that the court hearing date may be vacated). Alternately, the CCR Counselor will report the terms of the agreement to the Court, which may then adopt those terms as its order. The Court will then direct one of the parties to prepare a formal order to be filed with the Court and then served on the other parties. (b) No Agreement Reached. In those cases where CCRC does not result in an agreement, the CCR Counselor may discuss other options with the parties, including further counseling, direct interviews of the minors by the CCR Counselor, or agreement to a temporary parenting plan with review counseling and a subsequent court hearing. The CCR Counselor may also conduct a limited evaluation and provide further information with a recommendation to the Court, which may then adopt these recommendations as its order. Should the parties continue to contest custody and visitation issues, the parties may request a full child custody investigation by a child custody evaluator, who has complied with state standards under California Rules of Court 5.225 at the parties’ expense. The parties shall coordinate with the child custody evaluator as to fee payment and scheduling. The CCR Counselor will distribute the child custody evaluator’s evaluation to the Court, the parties and their counsel. (c) Counselor’s Report. At the conclusion of CCRC, the CCR Counselor will submit a written report and, optionally, a recommendation to the Court regarding the disputed issues. The original report will be maintained in the Court's file and copies will be provided to the parties and their attorneys. 3) Contested Hearing. If the parties are unable to settle the dispute through the CCR Counselor or any child custody evaluator, the matter may be referred back to the Court. The Court may then provide further directions including, but not limited to, the setting of a trial date for contested custody and/or visitation issues. [Reserved.] Revised 7-1-2015. 4) Participation Of Attorneys in the Child Custody Recommending Counseling Process; Non-Resident Participants (a) Meet And Confer Requirement. Prior to the CCRC, counsel should "meet and confer" in an effort to resolve child custody and visitation disputes. Counsel should discuss and agree upon the issues to be discussed in the CCRC process. (b) Participation Of Counsel In CCRC sessions. Attorneys may not attend the counseling sessions. (c) [Reserved.] (d) Nonresident Participants. If one of the parties to the CCRC is not a resident of Siskiyou County or is not available for any other reason, that party may request a remote/telephonic session with the CCR Counselor. Please see Local Rule 2.22 regarding remote appearances. 5) Required Disclosures; Testimony by a CCR Counselor (a) If it is alleged that a child is "at risk" by virtue of abuse or neglect, the CCR Counselor is required by law to report the allegation to Adult and Children's Services. A CCR Counselor must also disclose the existence of threats of death or bodily harm. [Tarasoff v. Board of Regents, (1976) 17 Cal.3d 425.] (b) The CCR Counselor may be cross-examined; and the CCR Counselor may make recommendations to the Court during testimony. 6) Involvement of Children in the Process (a) It is the general position of this Court that attorneys representing the parents should not interview the child(ren) involved in the proceeding, and should not interview or elicit information from a child's therapist, except upon the Court’s order. (b) [Reserved.] (c) Children must not be brought to counseling sessions. If parents wish a child to be seen, their reasons should be discussed with the CCR Counselor. The CCR Counselor is entitled to interview a subject child where the CCR Counselor considers the interview appropriate or necessary pursuant to Family Code §3180. (d) When the CCR Counselor conducts an interview with a subject child, the CCR Counselor will explain to the child that the matters discussed during the interview are not confidential. (e) The CCR Counselor’s interview of a child may be conducted either privately or in the presence of a parent, at the CCR Counselor’s discretion. Siblings may be interviewed together or separately, also at the CCR Counselor’s discretion. 7) Court-Appointed Counsel for the Child. The Court may authorize an attorney for the child appointed pursuant to Family Code § 3150 to communicate directly with the CCR Counselor. When the Court appoints counsel for the minor, counsel may expect to receive a reasonable sum for compensation and expenses. The Court has discretion to order parents to share costs of appointed counsel, or counsel will be compensated at the Court’s appointed-counsel rate. 8) Disputed Paternity. If paternity is disputed, the issue need not be resolved by the Court prior to CCRC. The Court may make a pendente lite order granting visitation to a non-custodial parent absent the tests authorized by Family Code section 7541, upon finding that a grant of such visitation rights would be in the best interests of the child. [Family Code section 7604.] 9) Non-English-Speaking Parents. The Court generally does provide interpreters for CCRC unless the non-English-speaking parent is accompanied by a neutral individual who is fluent in both English and the party's native language. The CCRC and both of the parties must agree to any neutral individual interpreter. A request for an interpreter must be made 5 days before the scheduled counseling session. 10) Disclosure of Juvenile Court Proceedings. Neither counsel nor parties may bring an action for custody or visitation in the Family Law Department without disclosing to the Court the status of any prior or pending Juvenile Court proceedings. [Comment: prior consideration by a Family Law Court of the custody of a minor cannot deprive the Juvenile Court of jurisdiction to make orders to protect the minor. [In Re Benjamin D. (1991) 227 Cal.App.3d 1464.] 11) Investigation by Adult and Children's Services. When the Family Law Court has reason to believe that an investigation by Adult and Children’s Services (or the equivalent agency in another jurisdiction) is pending, no permanent custody order will be made until the Court is satisfied that either (1) no such agency’s investigation is pending, or (2) the agency’s investigation is completed and the findings are made known to the Court. If a family was previously involved with Siskiyou County Adult and Children's Services (or an equivalent agency in another jurisdiction), the fact of that involvement must be disclosed to the Court by the party or parties who had such involvement. Siskiyou County Adult and Children’s Services (or an equivalent agency in another jurisdiction) may verbally inform the Family Law Court of a family’s prior involvement if the agency is aware that the FamilyLaw proceedings regarding a family with said prior involvement are currently ongoing. The disposition of that investigation or the nature of the agency’s involvement must be verbally disclosed to the Court by the agency if that information is available. The Court may implement communication protocols with these agencies for the timely sharing of information relevant to the family in question. In doing so, the Court will give great weight to confidentiality issues and to due process considerations. 12) Medical, Psychological, or Educational Reports. Medical, psychological, educational or other types of reports concerning a child must not be attached to motions, but must be provided to the Court or CCR Counselor as may be ordered. Information not provided to the CCR Counselor that is intended by a party to be filed with the Court must be served on the other party or parties in accordance with applicable provisions of law and the Local Rules, but in no event less than five (5) days before a scheduled hearing. 13) Grievance Policy and Peremptory Challenge Policy The procedure outlined herein is intended to respond to general problems relatingto CCRC and to requests for a change of the CCR Counselor pursuant to Family Code §3163. Anyone with a complaint about his or her experience with a CCR Counselor is encouraged to first raise that concern with the individual involved and to seek direct resolution of the problem. Requests for a change of CCR Counselor or complaints may be made to the Court’s Executive Officer. If a party wishes to file a formal complaint, a client complaint form can be obtained, upon request, from the Court’s Executive Officer. The completed complaint form must be submitted to the Court’s Executive Officer. The Court’s Executive Officer will review and investigate and make any recommendations to the judge assigned to the Family Law Department. No peremptory challenges of the CCR Counselor will be permitted. 14) Inquiries Concerning Counseling; Availability of Local Court Rules. When the CCR Counselor receives an inquiry regarding the policies and procedures relating to mediation or evaluations, the CCR Counselor will inform the inquiring individual of the policies and procedures provided by these Local Rules of Court. The CCR Counselor will maintain a copy of these Rules for public reference. Copies of the Local Rules may be purchased from the Civil Law Clerk. Rule 8.05 renumbered effective July 1, 2024; previously adopted as Rule 14:05 effective July 1, 1996, amended effective July 1, 2013, July 1, 2015, January 1, 2019, and January 1, 2020; previously amended and renumbered as Rule 8:05 effective January 1, 2022; amended effective July 1, 2023. 8.06 Contested Trials A. Requirement: Resolution of Custody and Visitation Issues Before Trial of Other Issues Ongoing custody and visitation orders in any pending action must be obtained before any remaining issues will be set for trial, except when the Court, for good cause shown, excuses compliance with this requirement or bifurcates the issue. (Subd A. amended effective July 1, 2024.) B. Custody Agreements If the parties agree on terms for custody and visitation of a minor child or children, they must file, not less than three (3) court days before the hearing or trial, a written agreement setting forth in detail their plans for implementation of the agreement after its terms have been ordered. C. Family Centered Case Resolution As provided in the Family Code, every Family Law case initiated will be subject to Court supervision pursuant to the Court’s Family Centered Case Resolution procedures. D. Trials, Mandatory Settlement Conferences and Case Management 1) Assignment of cases. Cases are assigned an initial case management date 180 days after filing the petition. Cases are thereafter assigned further case management, settlement conferences and trials from the case management calendar as needed to provide timely resolution of pending disputes. 2) Relief from Rules; Sanctions for Non-Compliance. Relief from the operation of these Rules relating to contested trials may be obtained in appropriate cases, but only on motion and for good cause shown. Either side may move to strike the at-issue memorandum, the trial documents, or the statement of issues, upon the ground that such document was not prepared and filed in good faith but, instead, is being utilized as a means of avoiding the operation of these Rules. Sanctions against the offending side may be ordered as permitted by law. [CRC Rule 2.30; CCP §575.2.] 3) Trial Documents. Prior to setting a settlement conference or trial date, the parties are required to have complied with preliminary disclosure pursuant to Family Code 2102, 2103, 2104, 2105, 2106. E. Statement of Issues, Contentions, and Proposed Disposition of The Case When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues”) at least ten (10) days prior to the trial date or at least two (2) days prior to a Settlement Conference. (Subd E. amended effective July 1, 2024.) F. Trial Brief & Memorandum of Points & Authorities Trial briefs and memoranda of points & authorities are not required. If utilized, however, those documents must be served and filed at least five (5) court days prior to the trial. G. List of Exhibits A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial. At least five (5) court days prior to trial, the parties must exchange legible copies of any and all exhibits that each party reasonably anticipates will be introduced at trial. Only disclosed exhibits may be offered at trial, except for good cause shown. The parties are encouraged to have their exhibits pre-marked by the Clerk. (Subd G. amended effective July 1, 2024.) H. Guidelines Applicable to the Valuation of the Community’s Personal Property 1) Motor Vehicles. If there is a dispute as to the value of a motor vehicle, the value generally will be fixed at the mid-point between the high and low value shown in the Kelly Blue Book, unless the circumstances show that a different valuation should be made. Copies of the appropriate pages of the Blue Book relied upon by counsel must be attached to the statement of issues or response thereto, and must include an indication of the year and volume of the relied- upon Blue Book. Alternatively, a print out from the Kelly Blue Book website may be provided. Such print out must include the year, make, model, mileage, condition, and options included in the valuation. 2) Furniture, Furnishings and Tools. With regard to valuation of normal furniture, furnishings, and tools, the age of the items is much more important than initial purchase price or the replacement cost. The test is the fair market value of the items as of the date of trial. 3) Unusual Items. When there are subject assets of an unusual nature such as oriental rugs, antiques, custom or rare jewelry, works of art, and handcrafted items, then the parties should endeavor to agree upon a qualified appraiser for such items, and to agree and stipulate that the report of the appraiser will be admitted into evidence without the necessity of the appraiser’s personal appearance at trial. (Subd H. amended effective July 1, 2024.) I. Alternate Valuation Date (Date Other Than Trial) A party who seeks a valuation date for community property that is not the date of trial must serve and file, at least thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date pursuant to Family Code §2552(b). J. Continuance of Trial Continuances of trial dates are subject to the Local Civil Rules relating to the continuances of civil trials. Any continuance so granted may be subject to rescheduling by the Court of any settlement or other pre-trial conference, and to the requirement of an updated statement of issues and contentions, to be filed and served prior to the new trial date in accordance with these Rules. (Subd J. amended effective July 1, 2024.) Rule 8.06 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:06 effective July 1, 1996; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:06 effective January 1, 2022; amended effective July 1, 2023. 8.07 Judgments by Default; and Uncontested Dissolutions A. Default Judgments 1) Special Requirement for Default Judgment of Nullity. After the default has been entered by the clerk, the petitioner must file a "Declaration in Support of Nullity". The contents of this declaration must set forth the facts that support a finding of fraud, prior existing marriage, unsound mind, force, physical incapacity, petitioner's incapacity by age at time of marriage, or other grounds for nullity [Family Code §2210.]. Where the contents of the declaration are insufficient to establish grounds, the Court may set, and require the petitioner to attend, a prove-up hearing on the petition for nullity. (Paragraph 1) amended effective July 1, 2024.) 2) Special Requirements: Default Judgment for Dissolution or Legal Separation. After default of the respondent has been entered, the petitioner must file a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation. A party may not request orders in the judgment beyond the relief requested in the petition, except that if there are minor children, the Court will have and retain jurisdiction to order child support whether or not it was so requested. [Family Code §4001.] A default judgment with a settlement agreement attached is required to conform with Family Code § 2338.5, requiring a defaulting spouse’s notarized signature. (Paragraph 2) amended effective July 1, 2024.) 3) Income and Expense Declaration. A fully-completed form income and expense declaration must be submitted where any one of the following orders is requested in a default proceeding: child support or waiver of child support; spousal support (except where a party reserves the Court's jurisdiction to award spousal support in the future); waiver or termination of spousal support in a long-term marriage (ten (10) years or more between the date of marriage and the date of separation); family support; or attorney's fees or costs. The declaration shall include the submitting party's best estimate of the other party's income. (Paragraph 3) amended effective July 1, 2024.) 4) Property Declaration. If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration, consistent with the requests made in the petition, which sets out the proposed division of the assets and/or debts; the petitioner must also file a proof of service of the disclosure declaration. [Family Code §2106.] B. Form of the Proposed Default Judgment The party requesting a default judgment, or the party’s attorney, must prepare the formal judgment and when a default judgment includes a marital settlement agreement or stipulated judgment, the signature of the spouse who defaulted must be notarized. All proposed provisions relating to child custody, visitation, child support, attorney's fees and costs, property, and injunctive orders must be set forth in the formal judgment, either by attaching and incorporating a copy of the parties’ marital settlement agreement addressing these issues, or by attaching continuation pages containing the orders the party has requested. 1) Order Reserving the Court's Jurisdiction to Award Child Support. A reservation of jurisdiction over the issue of child support must be stated in substantially the following language: "The Court reserves jurisdiction to award child support without prejudice to any action brought by the designated Child Support Agency." (Paragraph 1) amended effective July 1, 2024.) 2) Child Support Orders Where Custodial Parent is Receiving Temporary Assistance to Needy Families. When a party wishes to obtain a child support order by default and the custodial parent receives Temporary Assistance to Needy Families (“TANF”), the designated child support agency must be served by mail with notice of the request. All such orders for child support must specify that payments will be made to the designated support agency. (Paragraph 2) amended effective July 1, 2024.) 3) Spousal Support Orders. If the petitioner requests spousal support, he or she must address the issue of spousal support for both parties in the proposed judgment. All orders for spousal support must state the amount of support, the dates payable, and, unless there is an agreement to the contrary, that support will terminate on the death of either party or on remarriage of the supported party. A marriage of ten (10) or more years is presumptively a long-term marriage. In a long-term marriage, the petitioner may not automatically waive the right to receive spousal support, or terminate the respondent's right, absent a showing of an ability of the party to support him- or herself. 4) Property Orders. All real property referred to in the judgment must be identified therein by its complete legal description and common address. 5) Attorney's Fee Orders. Any request for an award of attorney's fees in an amount greater than $1,000.00 must be supported by a factual declaration indicating the amount of time the attorney spent on the case and the attorney's hourly rate. Alternatively, the matter may be set for an uncontested hearing on this issue. 6) Restraining Orders. Any and all restraining orders must be stated in the body of the judgment and must include the date of expiration. 7) Termination of Marital Status. The marital status for all dissolutions will terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent (or the next court day where said date falls on a court holiday or weekend). If a judgment is not presented for the Court’s approval until after the six months has lapsed, marital status will terminate upon entry of judgment. (Note: proposed judgments for legal separation must not state a termination date.) (Paragraph 7) amended effective July 1, 2024.) 8) Notice of Entry of Judgment. The petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the form “Notice of Entry of Judgment” [Judicial Council Form FL-190]. The petitioner must also submit two (2) first-class postage prepaid envelopes, addressed to the parties as listed on the notice of entry of judgment. (Paragraph 8) amended effective July 1, 2024.) (Subd B. amended effective July 1, 2024.) Rule 8.07 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:07 effective July 1, 1996; amended effective January 1, 2013, July 1, 2015, and January 1, 2019; previously renumbered as Rule 8:07 effective January 1, 2022. 8.08 Uncontested Judgments Pursuant to Stipulation A. Approval or Incorporation of Property Settlement Agreement No property settlement agreement will be approved by the Court or incorporated by reference in an uncontested judgment unless all of the following requirements are satisfied: 1) Agreement. The petition refers to the property settlement agreement; or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, provides that the agreement may be presented for Court approval and incorporation; or both parties and their respective attorneys, if any, have endorsed their approval of the agreement on the stipulation for judgment. 2) Signatures of Parties. The agreement has been signed by the parties. 3) Signature by Counsel; Acknowledgment of Party if Self-Represented (a) If both parties are represented by counsel, the agreement has been signed by both attorneys; (b) If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding the agreement, but has declined to do so; (c) If neither party is represented by counsel, any party who has not appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney. 4) Service of Disclosure Declarations. Proofs of service of the disclosure declarations required by Family Code §2105 have been filed. (Subd A. amended effective July 1, 2024.) B. Requirement of an “Appearance, Stipulation and Waivers” Form 1) An uncontested judgment may be obtained only upon the filing of a form “Appearance, Stipulation and Waivers” [Judicial Council Form FL-130], or its equivalent. 2) If the respondent has not previously appeared and paid an appearance fee, the first appearance fee is due with the filing of the “Appearance, Stipulation and Waiver”, unless the appearance fee is waived. 3) The moving party must also file a completed form “Declaration for Default or Uncontested Dissolution” [Judicial Council Form FL-170]. [Family Code §2336.] (Subd B. amended effective July 1, 2024.) C. Stipulated Nullity Judgments Stipulated judgments for nullity of marriage may be signed by the Court without a hearing when the stipulation or an accompanying declaration contains facts supporting the grounds for nullity. [Family Code §2210.] Stipulated nullity judgments must be presented to the clerk of the Family Law Department along with the judgment for nullity, three copies of the notice of entry of judgment, and properly addressed stamped envelopes. D. Income and Expense Declaration The Court may require an Income And Expense Declaration where the marriage is of long duration (defined as ten (10) or more years), and the stipulated judgment or marital settlement agreement contains a waiver of spousal support. (Subd D. amended effective July 1, 2024.) E. Proposed Judgment 1) Stipulated Orders for Child and/or Family Support. In addition to any marital settlement agreement or stipulated judgment, the parties must complete and attach to the proposed judgment a form "Stipulation to Establish or Modify Child or Family Support and Order" [Judicial Council Form FL- 350], or its equivalent. If one of the parties has assigned the right to collect support to the designated child support agency, then a representative thereof must sign the stipulation to establish or modify a child or family support order, and the order for child support must specify that payment is to be made to the designated agency. 2) Incorporation of the Marital Settlement Agreement. Where parties intend that the terms of the marital settlement agreement will become the terms of the judgment, the marital settlement agreement must be incorporated into the judgment. Parties are encouraged to state on the face of the judgment the following: "The attached marital settlement agreement is incorporated herein and made a part of this judgment. The parties are hereby ordered to comply with its directory terms." F. Notice of Entry of Judgment The moving party must submit, together with the proposed judgment and any forms required above, an original and two (2) copies of the form “Notice of Entry of Judgment” [Judicial Council Form FL-190]. Petitioner must also submit two (2) first-class envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of judgment. (Subd F. amended effective July 1, 2024.) Rule 8.08 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:08 July 1, 1996; amended effective January 1, 2007, July 1, 2015, and January 1, 2019; previously renumbered as Rule 8:08 effective January 1, 2022. 8.09 Reserved Previously adopted as Rule 14:09 effective July 1, 1996; repealed and reserved effective January 1, 2007; previously renumbered as Rule 8:09 effective January 1, 2022. 8.10 Facilitator and Self-Help Clinic A. Appointment; Authority for Duties and Conduct The Court has appointed a Facilitator pursuant to Family Code §10000, et seq., “The Family Law Facilitator Act”. The Facilitator’s duties and conduct are governed by the Family Law Facilitator Act. The Facilitator manages the Self-Help Clinic(s), pursuant to the Court’s Mission Statement for the Self-Help Clinic. Users of the Self-Help Clinic are not charged for Facilitator services. There may be nominal costs charged for copying documents. (Subd A. amended effective July 1, 2024.) B. Additional Duties Designated by the Court In addition to the services provided by the Facilitator pursuant to Family Code §10004, the Court designates the additional duties prescribed by Family Code §10005, which may be implemented by the Court Facilitator at the direction of the Court Executive Officer, upon the Executive Officer’s determination that funding is available, without further notice. C. Further Additional Duties If staff and other resources are available, and the duties listed in Local Rule 14.10.B have been accomplished, the duties of the Facilitator may also include the following: 1) Assisting the Court with research and any other responsibilities that will enable the Court to be responsive to the litigants' needs. 2) Developing programs for the Bar and community outreach through day and evening programs, videotapes, and other innovative means that will assist self- represented and financially disadvantaged litigants in gaining meaningful access to Family Court. D. Duties Beyond the Scope of Family Code Section 10000 To the extent that local court budget is provided for the purpose and to assist the court with research or other responsibilities that will enable the Court to be responsive to litigants’ needs, the Facilitator may assist parties in matters not specifically designated in Family Code §10000, et seq., including but not limited to: legal assistance or investigations with all matters arising out of the Family Code, Probate Code and Section 300 of the Welfare and Institutions Code; mediation services; and service as a judge pro tempore. Additional types of service may be added at the direction of the local court administrator without further notice. (Subd D. amended effective July 1, 2024.) E. Family Law Facilitator Complaint Resolution Pursuant to California Rule of Court, Rule 5.430(g), any person who wishes to make a complaint or objection regarding the performance of the Family Law Facilitator shall make such a complaint in writing and shall file it with the Court Executive Officer within sixty (60) days of the last event leading to the complaint. This procedure applies only to those persons who have actually utilized the services of the Family Law Facilitator. The Court Executive Officer shall, in their discretion, investigate the merits of the complaint and shall take such action as they deem appropriate. The Court Executive Officer shall inform the complaining party that action has or has not been taken. The Court Executive Officer shall take such other action as the Court Executive Officer deems appropriate. (Subd E. amended effective July 1, 2024.) Rule 8.10 amended and renumbered effective July 1, 2024; previously adopted as Rule 14:10 January 1, 1998; amended effective July 1, 2013 and January 1, 2019; previously renumbered as Rule 8:10 effective January 1, 2022. 8.11 Adoptions A. Stepparent Adoptions Pursuant to Family Code §9000; and Proceedings Under Family Code §7800 (Freedom From Parental Custody And Control) 1) Necessity of Consent. If a petition for a stepparent adoption is filed under Family Code §9000 without an order under Family Code §7800 having first been obtained, then a special hearing, entitled a "necessity of consent" hearing, will be conducted before the petition for adoption is considered. 2) Notification of the Child Custody Counselor. The Clerk of the Court will immediately notify the Child Custody Counselor of the filing of the petition, who will report the circumstances to the Court as provided in Family Code §7850. 3) Citation. A citation will be issued upon the filing of the petition, and must be served on the persons and in the manner described in Family Code §7880. The citation must require the persons served to show cause, if any, why the Court should not find that the minor has been abandoned, and why the consent of the named parent to the proposed adoption is unnecessary. A form of citation that is permissible for use in this Court is attached hereto as Appendix 7 of these Rules. Paragraph 3) amended effective July 1, 2024. 4) Hearing Date. The hearing date will be on the regular family law calendar, and the date selected must be within forty-five (45) calendar days of the filing of the petition. No adoption under Family Code §9000 will be approved until such hearing has been accomplished. 5) Supplemental Local Rule. A proceeding initiated pursuant to this Local Rule is in addition to that required by Family Code §9000. (Subd A. amended effective January 1, 2024.) B. Adoption Where Alleged Natural Father Not Found If it is claimed that an alleged natural father is unidentifiable or cannot be found for service, the petitioner must file a petition and serve notice of the proceedings pursuant to Family Code §7666 and §7667, and the Clerk of the Court will set a hearing on the regular adoptions calendar, for determination as to whether or not the father is unidentifiable, and as to whether or not the Court may dispense with notice to any alleged natural father. The petitioner must appear and present evidence at the hearing. C. Release of Adoption Files The procedure for release of information that may be contained in this Court’s files and that relates to adoptions is as set forth in Appendix 5. Only the forms set forth in Appendix 5 may be used in making requests for release of such information. These forms may not be used to request the release of information held by other courts or agencies. (Subd C. amended effective July 1, 2024.) Rule 8.11 amended and renumbered effective July 1, 2024; previously adopted as Rule 14.11 effective July 1, 1996; amended effective July 1, 2004, July 1, 2015; and January 1, 2019; previously renumbered as Rule 8:11 effective January 1, 2022. 8.12 Sanctions Failure to comply with a Local Rule or California Rule of Court may subject the non- complying party or attorney to sanctions, including monetary sanctions, pursuant to Rule 2.30 of the California Rules of Court, Code of Civil Procedure §§ 128.5, 128.7, 177.5 and/or 575.2, and/or Family Code §271. Rule 8.12 renumbered effective July 1, 2024; previously adopted as Rule 14.12 effective January 1, 2007; previously renumbered as Rule 8:12 effective January 1, 2022.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.