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Rules 7.00 to 7.07: family law cases managed from the first Request for Order toward settlement at the earliest possible date (7.00); the matters assigned to the Family Law Department - Family Code matters including those in which the Department of Child Support Services appears, the Uniform Divorce Recognition Act, the Uniform Child Custody Jurisdiction and Enforcement Act, the Uniform Parentage Act, the Domestic Violence Prevention Act, UIFSA and child support actions, support of adult children or parents, post-dissolution omitted or reserved property, consolidated non-marital property actions, and conservatorships and guardianships under Division 4 of the Probate Code (7.01); family law cases assigned for all purposes including trial, related cases assigned to the same judge with a Notice of Related Case filed on pain of monetary sanctions, petitioners notifying respondents of the direct assignment and filing proof within five (5) days, the judge's name and department under the case number, and peremptory challenges within fifteen (15) days (7.02); the petition served and proof filed within sixty (60) days, one stipulated fifteen (15) day extension of the time to respond, an application to extend the time to serve filed before it elapses with a declaration of the efforts made, entry of default requested within 60 days with the disclosure documents attached, and a default judgment submitted within 60 days of entry, on pain of an Order to Show Cause (7.03); a case management conference about one hundred fifty (150) days after filing, the parties meeting and conferring no later than thirty (30) days before it, the Mandatory Case Management Statement, Local Form FL-005, filed fifteen (15) calendar days before, a case management order, and an Order to Show Cause for violations with responsive papers five (5) court days before the hearing (7.04); restraining order and custody or visitation mediation matters at 8:30 a.m. and economic matters at 9:00 a.m., separate hearing dates and filing fees for custody and economic issues, requests on form FL-300, notice of other proceedings involving the children, the next hearing date on every filing, a current Income and Expense Declaration (FL-150) - executed within three (3) months and complete in every item - filed for any monetary relief, an additional declaration from an unemployed party or about other household income, and wage stubs for three (3) months and the most recent tax return exchanged at least five (5) days before a hearing on financial matters (7.05); tentative rulings for the motions listed, no notice of intent to appear required, posted by 3:30 p.m. on the court day before the hearing on the Court's website, in the Clerk's Office lobby and on the courtroom doors (7.06); and informal discovery conferences ordered by the Court or requested through a request for case management conference on form FL-174, scheduled at or after 1:30 p.m., represented parties appearing by counsel with their clients available (7.07).
RULE 7 FAMILY LAW 7.00 General Policy Statement It is the policy of the Stanislaus County Superior Court to manage all family law cases from the time the first Request for Order is filed to allow focus on settlement at the earliest possible date, to reduce the cost of litigation, and to reach a fair and final resolution of the case expeditiously. These rules are intended to provide generally unifo
Reviewer note: Composed 2026-10-14 (California T4 Stanislaus build 2026-10-14) from BenchPath custody ca/t4/ca-stanislaus/docs/local-rules/local-rules_-effective-07012026.pdf (the court's rule book, its summary of changes “SUMMARY OF CHANGES Revisions effective July 1, 2026”, as fetched 2026-10-14; 1532730 bytes, sha256 832df238dade54e68b70b6d06f961d5c3238c3edf7aa613a08d9439b4bb2133b; 224 pages; this part PDF pages 103 to 114, printed pages 103 to 114) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 203) composed as one text and cut at the rule headings (“RULE 1 GENERAL” to “RULE 8 PROBATE, GUARDIANSHIP CONSERVATORSHIPS AND ADOPTION RULES”) and, in Rules 3, 4, 7 and 8, at a rule or section heading (“3.08 Trial”; “TRAFFIC CASES”; “7.08 Particular kinds of motions or requests for order”, “7.13 Ex Parte Orders:”, “7.26 Miscellaneous Family Law Rules”; “FAMILY ALLOWANCE”, “GUARDIANSHIPS”), each matched once as a whole line; every page's running header (“Stanislaus County Superior Court”, named) and printed page number (“11” to “203”) removed as chrome - 386 chrome lines; lines reflowed into the rules' paragraphs, each rule heading, section heading and lettered or numbered subdivision starting a line (a rule number opens a heading only before a capitalized title, so “5.151 of the California Rules ...” stays in its sentence); Rule 1.11's ruled chart of hearing types set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 17 whitespace-only fixes (build/book-fixes.json: 8 line breaks the reflow left before a rule or code reference or an inline list item, rejoined; 9 runs the reflow ran together - paragraphs and side headings of Rule 8 and two bold subheadings of Rule 4 - split); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and their runs after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover with the judges' list (PDF page 1), the summary of changes (2), the contents (3 to 9), the cities served (10), the list of rules and effective dates (204 to 209), the local forms lists (210 to 221) and the index (222 to 224) belong to no card. Review note: Rule 7.06(B) posts family law tentative rulings “by 3:30 p.m. of the court day prior to the hearing” for 21 listed motions; the Family Law page (carded) posts them by 1:30 p.m. and adds QDRO, Vocational Exam, Change of Name and any motion determined at the judge's discretion. Rule 7.05(B) sets custody and visitation matters at 8:30 a.m.; the Family Law page calendars them at 8:30, 9:30 and 10:30 a.m.
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 > Fifth Appellate District > Stanislaus County > Superior Court of California, County of Stanislaus
RULE 7 FAMILY LAW 7.00 General Policy Statement It is the policy of the Stanislaus County Superior Court to manage all family law cases from the time the first Request for Order is filed to allow focus on settlement at the earliest possible date, to reduce the cost of litigation, and to reach a fair and final resolution of the case expeditiously. These rules are intended to provide generally uniform practice and procedures among departments involved in family law matters in Stanislaus County. (7/1/20) 7.01 Matters Assigned to the Family Law Department A. Application: All proceedings filed in the following matters are currently assigned to the Family Law Department: (7/1/20) 1. Matters arising from the California Family Code, including cases where the Department of Child Support Services appears on behalf of the County of Stanislaus or any party. (7/1/20) 2. Matters arising from the Uniform Divorce Recognition Act, Family Code sections 2090-2093. (7/1/20) B. Matters arising from the Uniform Child Custody Jurisdiction and Enforcement Act, Family Code sections 3400-3430. (7/1/20) 1. Matters arising from the Uniform Parentage Act, Family Code sections 7600-7644. (7/1/20) C. Matters arising from the Domestic Violence Prevention Act, Family Code sections 6200-6305. (7/1/20) 1. Matters arising from the Family Code sections 500.101-5700.905 (UIFSA) and orders to show cause, motions, or trials in actions brought by the Department of Child Support Services under the provisions of Articles 4 and 7 of Part 3, Chapter 2, Family Code sections 17400-17540. (7/1/20) 2. Matters arising from Family Code sections 3587-3910, Support of Adult Child(ren) or Parents. (7/1/20) 3. Post-dissolution judgment actions, involving omitted or reserved property issues. (7/1/20) 4. Non-marital property right actions consolidated for trial with Family Code, except those cases in which a jury trial has been demanded. (7/1/20) 5. Conservatorships and Guardianships (both relative and non-relative) arising from Division 4 of the Probate Code. (7/1/20) 7.02 Direct Calendaring of Family Law Cases A. Application: This rule applies to proceedings for dissolution of marriage, legal separation of the parties, nullity of marriage, dissolution of domestic partnerships, proceedings to establish a parent and child relationship, requests for domestic violence prevention orders, petitions for child custody and visitation, and proceedings for summary dissolution and guardianships. (7/1/20) B. Judicial assignment: When a family law case described in paragraph A is filed or received and filed as a transfer from another county, the Court shall assign the case to a judicial officer for all purposes including trial, except or otherwise as provided or required by law. At the time of the initial filing or initial receipt of the file, the Clerk's Office shall affix to the face of the petition and to the notice of case management conference, the following notice: (7/1/20) "THIS CASE HAS BEEN ASSIGNED TO JUDGE____________________________, DEPARTMENT _________FOR ALL PURPOSES INCLUDING TRIAL" C. Unavailability of judge: In the event of unavailability, another judicial officer or an assigned or temporary judge may handle cases directly assigned to the unavailable judge, but the case shall remain directly assigned to the unavailable judge for all purposes, including trial, who shall continue to preside over the case upon his or her return, except where the case is reassigned by the Presiding Judge or designee to a different judicial officer for all purposes, including trial. (7/1/20) D. Related cases: After a case is assigned to a particular judge for all purposes, all related not previously assigned cases shall be assigned to the same judge. A related case is one involving the same minor child or children, the same or substantially similar parties, and that raises common questions of law or facts. Whenever possible, all related cases shall be assigned to the same judicial officer in accordance with the direct calendaring policy. Upon discovery at any time of a new or pending related case that has not been so assigned, the Court may reassign the new or pending case to the same judicial officer previously assigned to the prior related case. All parties and counsel of record must file a “Notice of Related Case” on the appropriate Judicial Council form in accord with the Rules of Court and Code of Civil Procedure. Failure to do so in a timely manner after discovery or knowledge of a related case not assigned to the same judicial officer may result, after notice and a hearing, in the imposition of monetary sanctions. (7/1/20, 7/1/24) E. Notification by petitioner: Petitioners shall notify all respondents of the direct assignment when so notified by the Court and a party that joins another party to the action shall notify the joined party of the direct assignment. Petitioners, or parties joining another party to the action, shall file a proof of service of their notification of the direct assignment within five (5) days after the notice is served. (7/1/20) F. Identification of judge on filings: In all family law cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes. (7/1/20) G. Peremptory challenges: In the Family Law Department, a single judge is assigned to and regularly presides in a single department. Consequently, the time limits for peremptory challenges are governed by Code of Civil Procedure section 170.6, subdivision (a)(2), and for petitioners shall be within fifteen (15) days after notice of the assignment and, for respondents, within fifteen (15) days after filing the first pleading or appearance. (7/1/20) 7.03 Time for Service of Petition and Response A. Application: These rules apply to the service of pleadings in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, dissolution of domestic partnerships, and proceedings to establish parent and child relationship pursuant to the Uniform Parentage Act, commencing with Family Code section 7600. Specifically excluded from these rules are requests for restraining orders pursuant to the Domestic Violence Prevention Act commencing with Family Code section 6200, summary dissolutions, and actions for exclusive custody pursuant to Family Code section 3120. (7/1/20) B. Service of petition: The petition must be served on the respondent and proof of service on the respondent must be filed with the court within sixty (60) days after the filing of the petition. (7/1/20) C. Timing of responsive pleadings: The parties may stipulate, without leave of Court, to one fifteen (15) day extension beyond the thirty (30) day time period prescribed for the response after service of the initial petition. The Court must approve any other extensions of time to respond. (7/1/20) D. Modification of timing and application for order for extending time: The Court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in subdivisions B and C. An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been affected, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. (7/1/20, 7/1/24) E. Failure to serve: Unless the Court has granted an order extending the time to serve a petition, the failure to serve and file pleadings as required under this rule may result in an Order to Show Cause being issued as to why sanctions shall not be imposed. (7/1/20) F. Request for entry of default: If a responsive pleading is not served within the time limits specified by law and no extension of time has been granted, the petitioner within 60 days after the time for service has elapsed must file a request for the entry of default. Failure to do so may result in an Order to Show Cause being issued as to why sanctions shall not be imposed. Unless properly excused, a complete and current Income and Expense Declaration or a Financial Statement (Simplified), and a complete and current Property Declaration shall be attached to the Request to Enter Default. The failure to include the disclosure documents, if required, shall be deemed a sufficient basis to set aside the entry of default upon timely request. (7/1/20) G. Default judgment: When default is entered, the party who requested the entry of default must submit a default judgment against the defaulting party within 60 days after entry of default, unless the Court has granted an extension of time. Failure to diligently obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment may result in an Order to Show Cause being issued as to why sanctions shall not be imposed. (7/1/20) 7.04 Case Management Conference In proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, dissolution of domestic partnerships, proceedings to establish parent and child relationship, the Court will set each case for a case management conference approximately one hundred fifty (150) days after the date of filing. Petitioner shall serve the notice of the case management conference and a blank case management conference statement on the respondent. (7/1/20, 1/1/22) A. Subjects to be considered at the case management conference. At the case management conference, the parties must address, if applicable, and the Court may take appropriate action with respect to the following: 1. Whether there are any related cases; 2. Whether any additional parties may be joined in the proceeding; 3. Whether there are any other matters (e.g. out of state custody orders) that may affect the court's jurisdiction or processing the case; 4. Whether the parties have agreements on issues such as child custody, child support, spousal support, or division of property; 5. Whether discovery has been completed and, if not, by when it will be completed; 6. Whether certain issues (e.g. marital status, date of separation, or date of valuation) should be bifurcated; 7. Whether the case is entitled to any statutory preference, and if so, the statute granting the preference; 8. If the trial date has not been previously set, the date by which the case will be ready for trial and the available trial dates; 9. The estimated length of trial; 10. The nature of the disputed issues; and 11. Any other matters that should be considered by the court or addressed in its case management order. (7/1/20) B. Meet and confer requirement. Unless the Court orders another time period, no later than thirty (30) days before the initial case management conference, the parties must meet and confer, unless there exists a current restraining order prohibiting personal contact with the other party and both parties are self-represented, in person or by telephone, to consider each of the issues identified in subdivision A, and, in addition, to consider the following: 1. Identifying and, if possible, informally resolving any anticipated motions; 2. Identifying the facts and issues in the case that are uncontested and may be stipulated to; 3. Identifying the facts and issues in the case that are in dispute; 4. Identifying whether bifurcation or other motions can eliminate, reduce or substantially narrow the scope and/or length of the contested issues at trial; 5. Possible settlement; and 6. Other relevant matters. (7/1/20) C. Case Management Statement. No later than fifteen (15) calendar days before the initial case management conference date, each party must file an initial case management statement with the Clerk of the Court. The parties must use the Mandatory Case Management Statement, Local Form FL- 005, which is available on the Court’s website under the “Forms” link and is also available at the Family Law Court Clerk’s Office. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two or more parties may file a joint statement. In summary dissolution proceedings, the parties will not be required to file Case Management Conference Statements. However, the parties to a summary dissolution shall be prepared to explain to the Court why they have not submitted to the Court an application for judgment. (7/1/20) D. Case management order. The Court will issue a case management order in each case. The order will set a schedule for subsequent proceedings and otherwise provide for the management of the case. (7/1/20, 1/1/22) E. Order to Show Cause. The Court may issue an Order to Show Cause (OSC) to any party or attorney violating any applicable law, state rule of court, these local rules, or a lawful court order. (1/1/21) 1. The OSC shall specify the date and time of the hearing and give notice to the party or attorney as to the violation(s) and the duty to personally appear before the Court as specified. 2. Responsive papers to the Order to Show Cause must be filed and served no later than five (5) court days before the hearing. 3. After the hearing, the Court may in its discretion do one or more of the following: impose monetary sanctions, dismiss the petition with or without prejudice, strike the petition and deem the response to be the operative petition, strike the response and order entry of default, impose a stay, or hold order on the action, or make any other order as required. (1/1/21, 7/1/24) 7.05 Formatting of Papers A. Application: Rules 7.05-7.15 apply to the court’s short-cause and/or law and motion calendar. (7/1/20) B. Time of hearings: Unless otherwise set by the Court, all family law restraining orders and mediation matters dealing with custody and visitation issues will be at 8:30 a.m., with economic matters at 9:00 a.m., on a date set by the Clerk. Economic and miscellaneous issues will be heard at 9:00 a.m. Motions and requests for orders are to reflect these times for appearance. (7/1/20) C. Multiple issues require separate hearings: When a Request for Order raises multiple issues, (i.e. custody and/or visitation and economic issues, etc.), upon the filing of the moving papers two separate hearing dates will be assigned. The first hearing will address the custody/visitation issues and the second hearing will address the economic or miscellaneous issues. Both dates will appear on the face of the moving document, and a filing fee will be required for each of the hearing dates. (7/1/20) D. Mandatory Forms: All order requests from the family law court must be made on a Request for Order (FL-300) or other mandatory Judicial Council form, as required by the nature of the request. (7/1/20, 1/1/21) E. Duty to Notify Court of Other Proceedings. Any petition, application, motion or order request, including any response thereto, involving an issue of child custody, visitation, child support or domestic violence shall contain a prominent statement in writing notifying the Court and all parties of: (1/1/21) 1. Any jurisdictional action pending or any present jurisdiction exercise by the Juvenile Court, either independently or pursuant to Welfare and Institutions Code section 304, the Superior Court, or other Court, involving the child(ren) or the parties concerned in the motion, petition or Request for Order. Such information shall include the name and location of the Court, the file number therein, the statutory basis for said action and a copy of the most recent order made in the action. (7/1/20) 2. Any prior applications for relief similar to that requested in the current moving paper of which said moving party or counsel have knowledge. (7/1/20) 3. As noted in Rule 7.02D, failure to notify the court of a related case in a timely manner after discovery or knowledge of a related case not assigned to the same judicial officer may result, after notice and a hearing, in the imposition of monetary sanctions. (7/1/20) F. Other hearing dates: All documents filed in cases with pending hearings must reflect the next upcoming hearing date on the face of the document, near the title. For all documents that already reflect a specific hearing date, this rule does not apply. (7/1/20) G. Income and Expense Declaration and Supporting paperwork 1. Mandatory filing: Except upon good cause shown, no case in which monetary relief of any kind is requested, including any request for child support, spousal support or family support, or attorney's fees and/or costs, shall be heard unless a current Income and Expense Declaration (FL-150) in the form prescribed by Rule 5.260 of the California Rules of Court has been completed and filed by the moving party. A copy of that declaration must be served with the moving or responding papers. Good cause includes, without limitation, situations in which the custodial parent (obligee) is receiving a full TANF/CalWorks grant. Parties are expected to completely disclose all relevant financial information to each other and the Court whenever a financial matter is at issue. If a party is receiving public assistance benefits, that fact shall be disclosed in the Income and Expense Declaration (FL-150). In the event the moving party fails to comply, the matter may be dropped from the calendar. After notice and a hearing, the Court may impose sanctions if delay results from failure of any party to comply with these requirements. (7/1/20) 2. Definition of “current”: Except as may be defined elsewhere herein, "current" means executed within three (3) months of the date matter is to be heard, or when the filed declaration requires no modification to correctly state the party's income and expense condition as of the date the matter is to be heard. (7/1/20) 3. Examination regarding income and expense declaration: The Income and Expense Declaration (FL-150) will be considered as received in evidence at the hearing subject to amendment and/or cross-examination in the Court's discretion. Examination on matters covered by the Income and Expense Declaration (FL-150) will be heard only under exceptional circumstances within the Court's discretion and normally will be limited to testimony regarding unusual items not adequately explained in the Income and Expense Declaration (FL-150). (7/1/20) 4. Completeness of Income and Expense Declaration: The Income and Expense Declaration (FL-150) is not fully complete unless all blanks on the form are "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. If current facts are temporary, both the actual current facts and the estimated prospective facts may be shown if properly identified. Information concerning the party's finances shall be stated, and if not exactly known, reasonably estimated, on each declaration. In addition, an Income and Expense Declaration (FL-150) is not fully complete unless it contains the following: (7/1/20) a. Schedules wherever required (including all business income, commission income, rental income, interest income, etc.). These schedules shall completely set forth the source of income, total gross income, an itemization of all deductions, and the net income after deductions. Business expense schedules shall identify depreciation and any other non-cash expenses. (7/1/20) b. A fully completed section on attorney's fees, including the hourly rate, if any, even if attorney's fees have not been requested. (7/1/20) c. A schedule of bonuses, if any, setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount of the next bonus (if known). (7/1/20, 7/1/24) d. A statement of overtime and a description of the frequency of receipt. (7/1/20) e. Deductions from income based on withholding allowances or deductions from income based on dependency actions that reflect actual tax liability. (7/1/20) 5. Requirement of an Additional Factual Declaration: An additional factual declaration shall be provided where the following circumstances are applicable: (7/1/20) a. If a party is unemployed, the declaration should describe previous employment, gross and net income derived there from, reasons for termination, and should state current efforts to seek employment. (7/1/20) b. If there are other income-producing household members, including a new spouse or nonmarital partner, the declaration shall state the relationship to the party, their gross and net income, their contributions to household expenses, and any financial arrangements between the party and those persons. (7/1/20) 6. Requirement of Exchange of Financial Documents Each party shall exchange, at least five (5) days prior to any hearing involving financial matters, wage stubs or other documents evidencing income for the preceding three (3) months. Additionally, each party shall provide the other a copy of the party's most recent federal income tax return. If the hearing is scheduled between February 1 and the date the parties' tax return is filed, copies of all W-2 forms, 1099 forms, and other forms reflecting receipt of income during the previous year shall be exchanged. Where available, a self-employed party shall provide his/her most recent business profit and loss, or financial statement. (7/1/20, 7/1/24) 7.06 Tentative Rulings Parties are not required to give notice of intent to appear to preserve the right to a hearing. The tentative ruling will not become final until the hearing. A. Eligible Motions. Tentative rulings may be provided by the Court in Family law matters for the following specific types of motions that have been identified as appropriate for the tentative ruling process: 1. Motion to Compel Discovery 2. Motion to Be Relieved as Attorney of Record 3. Motion for Alternate Valuation Date 4. Motion to Set Aside Default/Judgment 5. Motion for Reconsideration of Order 6. Motion for Bifurcation of Marital Status/Economic Issues 7. Motion for Joinder of Parties 8. Motion to Amend Pleadings 9. Motion for Change of Venue 10. Motion for New Trial 11. Motion to Enforce Judgment 12. Motion to Award or Divide Omitted Assets or Debts 13. Motion to Modify Judgment 14. Motion to Continue a Trial 15. Motion for Vocational Examination 16. Motion for Appointment of Elisor 17. Motion Regarding Family Law Attorney Real Property Lien (Fam. Code, §§ 2033, 2034) 18. Motion to Compel Compliance with Property Orders 19. Motion for Attorney’s Fees and Costs (conduct-based sanctions only) 20. Motion to Quash Service of Summons, to Quash Proceedings, to Stay or Dismiss for Inconvenient Forum, or to Strike the Petition 21. Motion for Pendente Lite Sale Order or Exclusive Management and Control of Community Property Assets that are deemed significant by the trial judge B. Posting of Tentative Rulings: Tentative Ruling Announcements will generally be posted by 3:30 p.m. of the court day prior to the hearing in the following manner: 1. Court’s website: https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/family-law-tentative-rulings. 2. Clerk’s Office Lobby: On the bulletin board in the Clerk’s Office. 3. Courtroom Doors: On the outer doors of each family law courtroom at the Court’s discretion. (Rule 7.06 [7/1/20] amended July 1, 2024) 7.07 Informal Discovery Conferences (IDC): [Authority: Fam.Code, §§ 2450, 2451; Cal.Rules of Ct., rule 5.83] A. Court Motion: The Court may order an IDC when a discovery motion is filed, or otherwise upon reasonable notice to the parties with opportunity to respond, as part of a Family Centered Case Resolution Order. The Order shall be prepared and served on Judicial Council form FL-174, by Minute Order, or else by Findings and Order After Hearing, in the Court’s discretion. (7/1/20, 7/1/23) B. Party Motion: Parties requesting an IDC shall file a request for case management conference and specify that an IDC is desired as part of a Family Centered Case Resolution Order. Any other party may object to the IDC at the case management conference and be heard as to the objection without the need for formal written objection. If the parties agree, they may submit a stipulation and order for an IDC. In either case, Judicial Council form FL-174 shall be completed and submitted to the Court for review and signature, specifying “IDC pursuant to Local Rules, rule 7.07(B),” in box No. 9 “Other,” including the IDC date, time and department, along with any other orders regarding discovery agreed to by the parties or ordered by the Court. The signed order must then be filed and served on all parties by the party requesting the IDC or, if by stipulation, by either party as agreed. (7/1/20, 7/1/23, 7/1/24) C. IDC Procedure: The IDC shall be scheduled at or after 1:30 p.m., in order to utilize available conference rooms. Represented parties shall appear by counsel only, though clients must be available, either in person or by telephone, for the duration of the IDC. Unrepresented parties shall appear in person. Failure to appear, or to participate in good faith, may result in monetary or other sanctions if the Court schedules a noticed hearing on those issues. The IDC shall be conducted as the Court determines, including the appointment of a judge pro tem to supervise the conference. (7/1/20, 7/1/23)
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.