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Rules 7.08 to 7.12: an elisor - the Clerk of the Court or Clerk's Designee - appointed on a Request for Order (FL-300) with a proposed order identifying the documents to be signed (7.08(A)); grandparent joinder for visitation during pending custody proceedings through the Tentative Ruling process, post-judgment joinder and the request for order filed together for the same hearing, and other visitation petitions under Family Code section 3102 (7.08(B)); requests to modify custody or visitation including the name of any prior Mediator, and modifications within three (3) months of a support order viewed with disfavor (7.08(C)); mediation in all contested custody and visitation cases, the on-line Mediation Orientation Program completed before the hearing, detailed child sharing plans, mediation and Family Court Services evaluations not confidential, complaints to the Family Court Services supervisor, the rules for evaluations under rule 5.220 - a standard evaluation limited to three (3) hours and no more than ten (10) pages of the listed records - ex parte communication with the Mediator/Evaluator only during the evaluation, separate sessions where domestic violence is alleged, only CLETS restraining orders, the written custody order prepared the same morning with parties remaining in the courtroom to review it, and therapeutic treatment records released on Local Form FL022 (7.08(D)); child support by the DissoMaster or another program authorized by the Judicial Council, the Confidential Declaration of Parties in Family Law Case filed with any petition or response, guideline calculations in support declarations, service on the Department of Child Support Services at least ten (10) Court days before the hearing where public assistance is received, two calendar dates for mediation and economic issues, Child Support Case Registry forms (FL-191) with support stipulations, modifications not more than one time per year absent a significant change, timeshare by days and half-days, adoption allowances, a minor's earned income over $300 per month allocated to the custodial parent, spousal support reserved in long-term marriages and temporary spousal support by the Alameda County Guideline, orders signed in court filed within one (1) business day and proposed orders submitted within 15 or 30 days, support judgments on form FL-630 with a declaration of the arrearage, and writs of execution on form EJ-130 with a supporting affidavit (7.08(E)); papers filed and served under Code of Civil Procedure sections 1005, 1011 and 1013, a matter without timely proof of service dropped or tentatively denied, and reissuance of a domestic violence restraining order requested no later than the day of the hearing (7.09); a continuance placed on calendar, or a stipulation and order submitted with the reason and the next available date, no less than five (5) court days before the event with the filing fee (7.10); parties meeting and conferring before every hearing except domestic violence matters, documents provided before the hearing, and a settlement reported to the judge's bailiff (7.11); and argument expected to exceed 15 minutes reported to the clerk, counsel advising the bailiff of their presence and stating a time estimate, calendar conflicts managed by counsel on pain of fees or sanctions, preparation, notice of juvenile court proceedings, and stipulated witness testimony favored (7.12).
7.08 Particular kinds of motions or requests for order A. Appointment of Elisors: Where one of the parties will not or cannot execute a document/documents necessary to carry out a court order, the clerk of the court, or their authorized representative or designee, may be appointed as an elisor to sign the document(s). A party must request the appointment of an elisor using a Request for Order form
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 114 to 127, printed pages 114 to 127) 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.
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
7.08 Particular kinds of motions or requests for order A. Appointment of Elisors: Where one of the parties will not or cannot execute a document/documents necessary to carry out a court order, the clerk of the court, or their authorized representative or designee, may be appointed as an elisor to sign the document(s). A party must request the appointment of an elisor using a Request for Order form (FL-300) supported by facts establishing the necessity for the appointment of the elisor. The moving party must also submit a proposed order, which designates "The Clerk of the Court or Clerk’s Designee" as the elisor. The proposed order must not set forth a specific court employee by name. The proposed order shall indicate for whom the elisor is being appointed and in what capacity the elisor is to sign the document. The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order. The original document(s), when presented for signature by the elisor, must match the copy of the document(s) attached to the order. If the elisor’s signature must be notarized, the moving party must arrange for a notary public to be present when the elisor signs the document(s). B. Joinder for Grandparent or Non-Parent Visitation. 1. Pending Custody Proceedings: During the pendency of the family law proceedings, a grandparent may file a motion for joinder to seek grandparent visitation. Family Code section 3103 governs such requests. The motion for joinder will be subject to the Court’s Tentative Ruling process. Since joinder is mandatory in matters involving visitation pursuant to California Rules of Court, rule 5.24, the standard tentative ruling will be to grant joinder, to direct the grandparent to file the Request for Order, and to have the matter set for hearing. 2. Post-Judgment Custody Proceedings: After judgment or a final determination of child custody and visitation, joinder motions for grandparent visitation are governed by Family Code section 3104. In these cases, the Court will not order the joinder of the grandparent until the Court decides whether the Court should grant visitation. (See, i.e., Cal. Rules of Ct., rule 5.24(e)(1)(B).) Therefore, the Notice of Motion and Declaration of Joinder and Request for Order shall be filed simultaneously and shall be set for the same hearing date. If there is no pending proceeding, an independent petition must be filed as per 3104. 3. Other Visitation Petitions: A non-grandparent party seeking visitation with a minor child after the death of a parent under Family Code section 3102 should file a separate petition for visitation, unless otherwise instructed by the court. C. Modification of Custody/Visitation Arrangements 1. All Request for Orders to Modify Child Custody and/or Visitation shall include on the face thereof the name of the Mediator if the matter has been previously mediated, either in the same or a different file of if the same parties together have been involved in mediation with other children. 2. Applications to modify existing custody/visitation arrangements or orders filed within three (3) months of the issuance of an order to establish or modify support by the opposing party will be viewed with disfavor. Such modifications will be granted only: a) To bring the existing order in conformity with the actual current practice of the parties, or b) Upon a strong showing such modification is necessary to protect the best interest of the child(ren). Attorney fees shall be awarded to the non-moving party unless the Court finds substantial justification for the application. D. Mediation and Family Court Services Evaluation of custody and visitation requests 1. Mediation in all cases: All cases involving contested issues of custody and/or visitation shall be mediated, and the court will indicate the need for mediation on the face of any request for order that is filed. (Fam. Code, § 3170, subd. (a).) In represented cases, no attorney may schedule or request more than two (2) mediations in which his or her presence will be necessary on the same day. Violations may result in a continuance of the mediation, vacating the request for order and/or sanctions, after notice and opportunity to be heard, at the Court’s discretion. 2. Orientation program: The Court has an on-line mediation orientation program offered in both English and Spanish. Parties who require assistance with other languages are to notify the court, which will try to secure translation assistance. All parties who are scheduled for mediation, including parties in domestic violence cases, are required to complete the on-line Mediation Orientation Program before the scheduled custody/visitation hearing. The online orientation has information that is important. Topics include information on the effects of divorce upon children, child sharing, communication, confidentiality, and parenting plans. The program is accessible from the Court’s official website at https://www.stanislaus.courts.ca.gov/. A party who has completed the on-line program within 18 months before the current scheduled hearing will be excused from retaking the program. The Court may allow mediation where only one party has taken the program if to deny mediation would work a disservice or hardship to the party who has taken the program, or the child(ren) involved. On a showing of good cause and in the best interest of the children, the Court may allow mediation where neither party has taken the program. The Mediator may request the Court to postpone mediation where one or both have not taken the program if after commencing mediation, the Mediator concludes that a party or parties should take the program before participating in mediation. Where a party fails to comply with the Court’s order to take the mediation orientation program, the Court may impose a monetary sanction against that party after notice and a hearing. 3. Child sharing plan: Whenever there is an issue regarding child sharing, every moving and responding pleading should set forth a detailed proposed child sharing plan, including all orders the party would like the Court to issue. 4. Confidentiality: Mediation and Family Court Services Evaluations are not confidential, except as provided by law. If no agreement is reached, the mediator or evaluator, after a mediation session or evaluation, shall be called upon to make a recommendation to the Court regarding a resolution of the child sharing issues. 5. Complaints: All complaints regarding mediation or a mediator, Family Court Services Evaluation or a Family Court Services Evaluator, including a request to change a mediator or evaluator, shall be directed in writing to the Family Court Services supervisor or designee, who shall take appropriate action upon the request. Any party dissatisfied with the action taken may bring a formal motion to the Court. This action may include appointing a co-mediator or replacing the mediator or evaluator. No peremptory challenge is allowed against a mediator or evaluator. 6. Rules pursuant to California Rules of Court rule 5.220: In compliance with California Rules of Court, Rule 5.220, the following Local Rules of Court are adopted with respect to court-ordered child custody evaluations: a) No peremptory challenge to an evaluator is allowed. b) A standard FCS custody evaluation shall be limited to three (3) hours in total, subject to the mediator’s sole discretion to allow more time if deemed appropriate. c) The mediator may request further information or documents upon completion of the standard evaluation, but the parties are not to submit any supplemental information or documents not requested by the mediator unless (a) permission from the mediator is first sought and obtained, and (b) the other party or parties are permitted to examine the documents and information and permitted to offer any responsive information or documents. Whether such additional information or documents will be accepted and considered by the mediator shall rest in the mediator’s sole discretion. d) As a rule, the following categories of documents and information will typically be of assistance to the mediator if relevant to the custody issues in dispute: • School records • Medical records • Counseling records • Photographs and/or videos depicting interactions with the minor(s) at issue or present health, demeanor and appearance of the minor(s). e) As a rule, the following categories of documents and information will typically not be of assistance to the mediator and will not be considered unless exceptional circumstances exist warranting consideration, as determined in the mediator’s sole discretion: • Text or SMS messages • Social Media posts or comments • Screen captures re computer, smart-phones or tablets • Voice mails or recorded calls f) Where any documents or other information are determined to be relevant and worthy of consideration, no party shall submit more than ten (10) pages combined of the preceding categories of documents or information for use in a standard FCS evaluation. g) The evaluator has discretion to discuss and disclose the lack of confidentiality with the child. h) If an evaluator sees the child with one parent/person seeking custody or visitation, the evaluator also shall see the child with the other parent/person seeking custody or visitation unless the other parent/person seeking custody or visitation refuses/fails to see the evaluator with the child or the evaluator feels it is not in the best interest of the child(ren) to be in the presence of the other parent. i) The evaluator has the discretion to interview siblings separately or together or both. j) The evaluator is prohibited from making an evaluation based only on an interview with one parent/person seeking custody or visitation unless the other parent/person seeking custody or visitation refuses/fails to be interviewed by the evaluator. k) The grievance procedure in place for evaluators has been described in paragraph 5, above. l) Evaluators may petition to withdraw from a case as described in California Rules of Court rule 5.220(d)(1)(A)(iii). m) All appointed persons who evaluate or investigate child custody matters are required to complete domestic violence training as set forth in California Rules of Court 5.225 and 5.230 and such person shall provide to the Court proof of required domestic violence training. n) Any Court ordered child custody evaluation shall be done in compliance with the guidelines set forth in California Rules of Court 5.220. 7. Communication with mediator or evaluator: The Mediator/Evaluator shall be allowed to have ex parte communication only during the evaluation process. Once a custody order has been issued, parties and counsel will not be permitted to communicate ex parte with the counselors to seek any change or modification. The Mediator/Evaluator shall accept from the parties all information regarding the best interest of the child(ren) and the Mediator/Evaluator shall then determine if revealing any of that information would place the child(ren) at emotional or physical risk. The Mediator/Evaluator shall have discretion about revealing that information to the other party based on his/her determination. The Mediator/Evaluator shall maintain all information received during an evaluation in the event that the Court orders that material produced. Due to the volume of cases, and the necessity of fairly and efficiently allocating the limited availability of the Mediator/Evaluator’s time to provide the greatest access to the largest number of parties, the Mediator/Evaluator, in his or her sole and exclusive discretion, shall consider no more than ten (10) pages of written or pictorial documents. If more than this is desired by the parties, then a full Family Court Services evaluation may be requested or required, as determined by the Court, and the matter continued for this purpose. 8. Conduct of mediation: On the day of the hearing, Mediation clients are given an individual intake sheet for a differential assessment of domestic violence. Clients are given the option of separate sessions with the Mediator when either party alleges domestic violence, and parties have the right to have a support person in the Mediation session. A support person may be excluded if they disrupt the process of Mediation. The Mediator shall confer separately and privately with each party who does not report domestic violence to determine whether joint or separate sessions are appropriate. 9. Prohibition on the issuance of non-CLETS restraining orders: Only CLETS restraining orders are to be issued pursuant to the Family Code commencing with section 6200. During mediation, the mediator will not recommend the issuance of a non-CLETS restraining order. Further, the Court will not approve a stipulation by the parties to the issuance of a non-CLETS restraining order. This rule will not limit a party’s right to seek other types of restraining orders as provided by statute, such as property restraints. Likewise, this rule does not in any manner affect the automatic restraining orders that apply in family law cases. 10. Custody orders after hearing: The written custody order will be prepared and delivered to the parties and counsel on the same morning following the mediation session. Parties and counsel shall remain in the courtroom until the order has been prepared so they may review and approve as to form and content. If a party or counsel leaves the courtroom without reviewing the order any subsequent requests to amend or correct an order will have to be made by a formal motion or by written stipulation of the parties. If an agreement is reached and approved by the Court, or if no agreement and no Long Cause hearing was requested on the Court’s order, said order is permanent and any change in custody shall be only by way of written pleading identifying a material change in circumstance. 11. Request for Copies of Therapeutic Treatment Records: To balance the rights of the parties to full and fair access to documentary evidence necessary to prosecute or defend a custody proceeding with the confidential nature of court-ordered therapeutic treatment and the therapeutic professional-patient relationship, any party or that party’s attorney may obtain copies of court-ordered therapeutic treatment records and notes. The party or the party’s attorney shall first complete and sign Local Form FL022 “Release of Therapeutic Treatment Notes” and shall agree to maintain the privacy and confidentiality of the disclosed records unless and until offered and admitted in a custody proceeding where the records have not been sealed by court order and/or the courtroom has not been closed to the public by court order. Local Form FL022 is adopted for mandatory use and is intended to implement and supplement this local rule. E. Child and Spousal Support Introduction: This rule applies to requests for child and/or spousal support but not to contractually based claims for support of an immigrant, which are governed by federal law. Because the Family Court is a division of limited jurisdiction, contractual claims for support under federal law should be filed in the Civil Division. If a party files such a claim in the Family Law Division, pursuant to Code of Civil Procedure section 402 the court may transfer the case on its own motion to the Civil Division. 1. Child Support: In determining the amounts to be paid for temporary and permanent child support, the Court will be consistent with the DissoMaster (tm) program or other computer support program authorized by the Judicial Council. The support schedules allocate "net income" of the parties to meet the needs of all the parties, recognizing that, in most cases, there is not sufficient income to sustain either party in the same standard of living that existed prior to separation. a) Confidential Information Sheet: Upon filing of any petition or response in any family law case type, the filing party shall file a confidential information sheet entitled “Confidential Declaration of Parties in Family Law Case” to help the Court identify the parties in the case. The confidential information sheet shall be placed in a confidential envelope maintained within the Court’s case file and shall not be made available to any parties other than the Court absent a court order. The confidential information sheet form is available on the Court’s website under the “Forms” link and is available at the Family Law Court Clerk’s Office. b) Requests for order and motions regarding child support: In all matters where child support is at issue, a supporting declaration shall set forth the amount of support calculated pursuant to Family Code sections 4070-4073. If it is contended that the guideline amount is inappropriate, a declaration shall set forth the calculation of the amount alleged to be proper, and the reasons therefore. c) Proceedings Involving Recipients of Public Assistance Benefits: Notwithstanding any other rule, if a party or the minor child(ren) are receiving public assistance benefits: (1) Disclosure on Income and Expense Declaration: That fact shall be disclosed on the Income and Expense Declaration (FL-150); and (2) Service on DCSS: Proof of service of a notice of hearing and all moving papers upon the Department of Child Support Services at least ten (10) Court days prior to the hearing shall be filed; and (3) Orders: All orders submitted to the Court shall comply with Family Code sections 4200-4203. d) Calendar Settings for Mediation and Economic Issues: The Court understands that in many cases the issues of custody/visitation and economic issues go hand in hand. However, the time it takes for mediation precludes the handling of both issues on the same calendar. In all matters which involve both issues the Court now requires that two calendar dates be received at the time papers are filed. The initial date will be for mediation with a second date for economic issues. e) Child Support Case Registry form: Any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by each parent. f) Modifications: Absent a significant change of circumstances, modification of child support orders should not be filed with the Court more than one time per year. A stipulation to modify child support shall be returned unprocessed unless accompanied by a completed Child Support Case Registry form (FL-191). g) Timeshare: The Court discourages timeshare calculations based on hours and minutes. Absent good cause, the Court will generally calculate timeshare by looking at the days and half-days each parent has custody of the child(ren). h) Adoption allowance: In cases where the parties receive an adoption allowance for the minor child/children, these benefits will not be considered income to the parents. As a rule, the benefits will be allocated between the parents in accordance with their percentage of custodial time pursuant to the most recent custody order. The Court will calculate guideline child support excluding the adoption allowance. In most cases, the custodial parent will receive the entire adoption allowance and the non-custodial parent will receive an offset equal to that parent’s proportionate share of the allowance against his/her child support obligation. i) Earned Income of a Minor Child: Earned income of a minor child below $300 per month shall be deemed the income of the minor child. Earned income of a minor child in excess of $300 per month shall be allocated as part of the income to the custodial parent of said minor child. Benefits received by the minor child through the Supplemental Security Income Program (SSI) shall not be considered income for the determination of child support. 2. Spousal Support: Pursuant to Family Code section 4336, there is a presumption that a marriage of 10 years or more is a long-term marriage. The Court's policy is to reserve jurisdiction over spousal support in all long-term marriages. Waivers of spousal support are viewed with disfavor and will only be approved where the record clearly establishes that the supported party will be able to adequately meet his or her financial needs at the time selected for termination of jurisdiction. If the record of financial support is not clear, spousal support in a long-term marriage must be reserved. a) Temporary spousal support: Temporary spousal support shall be awarded consistent with the DissoMaster (tm) program or other computer support program authorized by the Judicial Council unless rebutted by admissible evidence. The Court will follow the Alameda County Guideline in determining temporary spousal support. The DissoMaster can be defaulted to the Alameda option for attorneys to refer to in counseling their clients. Under special circumstances as determined by the Court, the Court has the discretion to use either the Santa Clara or Marin/Kings option. The Court notes that the different amounts of spousal support that result from each option only occur when there is both child and spousal support to be awarded. When only spousal support is at issue, all options result in the same amount. b) Permanent spousal support: Permanent spousal support shall be awarded pursuant to Family Code section 4320, 4330-4337, 4339, 3651, 3653, 3654 and relevant case law. 3. Preparation and Submission of Order for Signature by Court: All orders on support matters that are signed in court and presented to parties for filing must be filed with the Clerk’s Office within one (1) business day of the hearing. If an order is not signed in court, the moving party shall prepare a written order following any hearing or trial. Unless otherwise ordered by the Court, and except in summary dissolution cases, California Rules of Court, rule 5.125, governs submission of proposed orders after hearing or trial. However, this court will generally allow 15 days for submission of an order that does not require approval by opposing counsel and 30 days for submission of an order that does require such approval. This court will hold all non-approved orders for a period of five (5) days, after which, regardless of any objection received, the Court will either sign the proposed order, order the preparing party to modify the order as the Court shall direct or hold a hearing to determine the appropriate language. After an order has been signed by the judge and filed, the party preparing the order shall mail two (2) filed marked copies to opposing counsel or one (1) copy to a party appearing in Pro Per and one (1) copy to the Department of Child Support Services office if a party or the child(ren) are on public assistance, and the order relates to child support, spousal support, or child custody. In the event the Judge who heard the hearing or trial is unavailable for longer than two (2) weeks from submission of the order or judgment, the order or judgment shall be signed by the family law presiding judge. 4. Proposed support Judgments: Any proposed judgment submitted to the Court regarding support obligations or arrearages shall use Judicial Council form FL- 630. In the event the proposed judgment sets forth an arrearage, the party submitting the form shall attach a supporting declaration setting forth the factual basis for the arrearage and how the arrearage has been calculated. Such declaration should contain, at a minimum, the months in which support was not received and the amount of support owing for each such month. When a proposed judgment is submitted by an institutional party, such as the Department of Child Support Services or other state of county agency, the supporting declaration shall be executed by an individual who can personally attest to the business record showing the arrears and interest owed. 5. Writs of Execution concerning support judgments: Any writ of execution submitted to the Court in connection with an outstanding support obligation or arrearage shall use Judicial Council form EJ-130. The Clerk of Court shall verify the amount of the judgment set forth in item no. 11 before any writ is issued. Any writ of execution submitted to the Court shall contain a supporting affidavit setting forth the way the amount set forth in item no. 11 has been calculated. Such affidavits shall be executed by an individual who can personally attest to the information contained therein and shall, at a minimum, set forth the initial amount of the judgment, the date and amount of any payments made toward the judgment and accrued interest. (Rule 7.08 [7/1/17, 7/1/24] amended July 1, 2025) 7.09 Service of Papers: A. Time for service: Absent an order shortening time, Requests for Orders, Oppositions, Responsive Declarations and all supporting papers must be filed and served pursuant to Code of Civil Procedure sections 1005, 1011 and 1013 and applicable Rules of Court. (7/1/20) B. Failure to Serve: If service is not completed by the date specified by law or in the Request for Order/Notice of Motion and proof of service is not timely filed with the Court, the matter will remain on the Court's calendar to be dropped in open Court unless both parties appear or the moving party appears with proper proof of service. The tentative ruling may, in the Court’s discretion, reflect that the Request for Order/Notice of Motion is tentatively denied on the basis that proof of service has not been filed five (5) or more days prior to the hearing. (Cal. Rules of Ct., rule 5.94(b).) (7/1/20) C. Reissuance of Domestic Violence Restraining Orders: A party may request a reissuance of a Request for Order or Request for Domestic Violence Restraining Order no later than the day of the scheduled hearing. In a Domestic Violence case, if there are no existing orders and if reissuance is not timely requested, the case will be dismissed in its entirety. (7/1/20) 7.10 Continuances: If a motion for continuance is to be made, that matter should be placed on calendar no less than five (5) court days prior to the scheduled event along with payment of the filing fee for the motion. If the parties and/or counsel agree that a continuance is necessary, a Stipulation and Order should be submitted to the Court no less than five (5) court days prior to the scheduled event along with the filing fee. Any stipulation and order must state the reason for the continuance, and the parties and/or counsel shall obtain the next available date from the courtroom clerk in the department to which the case is assigned for all purposes. If the Stipulation and Order is timely filed and the above-referenced criteria are met, the Stipulation and Order will be forwarded to the judge for approval. If the Stipulation and Order is not timely received by the Court, the Stipulation and Order must state the reason for the continuance, and the parties or counsel shall obtain the next available date from the courtroom clerk in the department that the case is assigned for all purposes. (1/1/21) (NOTE: Parties and counsel are not to engage in ex parte communication with the Court or its staff with respect to scheduling requests without prior leave of court. The Court will disregard any comments made about the merits of a case or the positions of the parties and such comments may result in sanctions or other professional discipline after notice and hearing.) (1/1/21) 7.11 Mandatory Settlement Efforts A. Meet and Confer Obligation. On all requests for order(s), motions and hearings in family law matters, excluding any matters involving domestic violence, each party, or that party’s counsel, shall meet and confer in person or by phone before the hearing date and shall make a good faith attempt to settle all issues in the request for order(s), even if a complete settlement is not possible and only conditional agreements are made. The failure to abide by this rule may result in continuance of the hearing date or may, after notice and a hearing, serve as the base for subsequent conduct-based sanctions. (Cal. Rules of Ct., rule 5.98(a); Fam. Code, § 271; Code Civ. Proc., §§ 128.5, 128.7.) (1/1/21) B. Copies of Documents: Copies of documents, intended to be offered as part of a case in chief, shall be provided to opposing parties prior to the Court hearing. (Cal Rules of Court, rule 5.98(b).) A party may not wait until the time of the hearing to "surprise" the opposing party with proffered documentary evidence, except to impeach the veracity of a party or witness. (7/1/20) C. Settlement prior to hearing: If a case is settled after calendar call but before the hearing, one of the attorneys should inform the judge's bailiff of that fact, whereupon the stipulation may be taken ahead of all contested matters in the judge’s discretion. No party shall represent that a case is settled if there is any issue remaining to be determined by the Court. (7/1/20) 7.12 Calendar Management A. Limit on time allotted for oral argument: On or prior to the day of a hearing, counsel shall meet and confer prior to the call of the case and determine if the anticipated hearing time exceeds 15 minutes. If both concur that more than 15 minutes of argument will be necessary, they shall advise the clerk in the department to which the case has been assigned for all purposes. The Court may need to reschedule any matter requiring longer than 15 minutes of oral argument for a different date. If a hearing begins and the time estimate of either party is exceeded, the Court may, in its discretion: rule without further hearing; defer the matter to the end of the calendar if time permits; continue the matter to the next available date as obtained from the courtroom clerk in the department that the case is assigned for all purposes; or order the matter off calendar. (7/1/20) B. Appearance and time estimate: Prior to the call of the calendar at the designated time, counsel shall advise the bailiff of their presence, other Court appearances, and the status of their matters. When the matter is called, counsel shall state their names, appearances, whether moving or responding, and be prepared to state an accurate time estimate of their side of the case. (7/1/20) C. Calendar Conflicts: To ensure the orderly administration of Court calendars and to minimize waiting for counsel, it is the responsibility of counsel to make suitable arrangements in the event of calendar conflicts. Such arrangements include, where necessary, contacting opposing counsel in the advance of the hearing date to arrange a continuance. It is also the responsibility of counsel to notify the Clerk's Office if more than one Request for Order/Motion is being submitted by any attorney on the same day or if any potential conflict(s) may exist on a specific date(s). Failure of an attorney to appropriately manage his or her calendar, or the unreasonable refusal of opposing counsel to stipulate to a continuance when one is necessary, may result in an award of attorney fees and/or sanctions after a noticed hearing is held. In addition, failure to be present at calendar call, or to inform the clerk or bailiff of a necessary appearance in another courtroom, may result in a matter’s being either dropped from the court’s calendar or heard in the moving party’s absence. Unexcused tardiness is unacceptable, and any attorney or client who expects to be late to a hearing must immediately notify the court and the opposing party or attorney of the reasons for and extent of the delay. (7/1/20) D. Attorney Competence. Attorneys are expected to be thoroughly prepared to answer the questions of the Court concerning the facts of the case, and to cite applicable statutory and case law if requested by the Court, or if any contested point of law is involved. Violation of this rule may result in monetary or other sanctions deemed appropriate by the Court after notice and hearing. (1/1/21) E. Notification of status of other proceedings: At the hearing on the motion, petition, or Request for Order, the parties shall call to the attention of the Court any action pending or jurisdiction taken by the Juvenile Court after the filing of the motion, petition, or Request for Order. (7/1/20) F. Witnesses: Although parties are authorized to call witnesses at a Short Cause or Law and Motion Hearing, as permitted by Family Code section 217 and California Rule of Court, rule 5.113, every reasonable effort shall be made to stipulate to the testimony of the witness, and thereafter excuse the witness from attendance. The unnecessary retention of witnesses in Court is not favored, and such retention may be considered by the Court in awarding fees and costs. (7/1/20)
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.