Stanislaus County Superior Court Local Rules (effective July 1, 2026) — Rule 7: Family Law (Rules 7.13 to 7.25)

Summary

Rules 7.13 to 7.25: ex parte orders presented to the clerk for delivery to a family law judge, domestic violence requests in a pending dissolution or paternity action filed on form DV-100 under the existing case number, other emergency applications under rule 5.151, and the declarations required for orders excluding a party from the dwelling, changing custody of a minor or granting exclusive use of a vehicle (7.13); modified orders conformed by the applicant, requests to set aside ex parte orders noticed under rule 5.151, stipulations modifying existing orders signed by both parties and their attorneys, child support stipulations held ten (10) days and returned unprocessed without Child Support Case Registry forms (FL-191), and stipulations by the Department of Child Support Services with an obligor where support rights are assigned (7.14); orders signed in Court filed within one (1) business day, and proposed orders submitted within 15 or 30 days and held five (5) days for objection (7.15); a mandatory Joint Settlement Conference no sooner than ninety (90) days and no later than thirty (30) days before the settlement conference, a Settlement Conference Statement on Local Form FL-008 filed at least ten (10) Court days before the settlement conference, held within approximately fifteen (15) days of trial, and persons with settlement authority present (7.16); a child custody recommending counselor or evaluator subpoenaed at least 30 days before the hearing, and documentary evidence exchanged and identified by the Clerk before trial (7.17); attorney's fees at trial - the factors to be proved, an Income and Expense Declaration (FL-150), a separate attorney's declaration for requests over $1,000.00, and bifurcation of fees and costs (7.18); post-trial motions and the duty to prepare the judgment (7.19); the Court's judgment rules and the state's Completing Divorce or Separation instructions (7.20); the six (6) month waiting period, retention of jurisdiction, nunc pro tunc and status only judgments (7.21); the requirements for judgments - mandatory forms, the Child Support Case Registry form, an Income and Expense Declaration for support or fees, ten (10) calendar days' notice by mail to the Department of Child Support Services for support by default where TANF or CalWorks is received, reservation of child support, attached orders, the default custody statement, the division of assets and debts with legal descriptions and valuation records, spousal support, attorney's fees declarations and CLETS restraining order forms (7.22); the clerk vacating the case management conference, the notice of entry of judgment with two (2) stamped envelopes, and the judge's signature following the Court's orders (7.23); default and uncontested judgments - their prerequisites, a stamped envelope for the defaulted spouse, judgment by declaration under Family Code section 2336, form FL-170 with Local Form FL-019 or FL-002, the approvals, counsel and notarization of marital settlement agreements submitted three (3) court days before any hearing, hearings only on request or order, documents filed at least ten (10) Court days before, and the supporting declarations on property, obligations, custody, support, restoration of name, waivers and nullity stipulations (7.24); and contempt - one continuance for the citee to retain counsel, counsel appointed for an indigent citee, the order of proof, a prima facie case on the original affidavit, the order prepared by the moving party, and stays of execution and continued sentencing (7.25).