Chapter 5 (Rules 5.0 to 5.13): the Family Law and Motion Calendar each Monday (Tuesday if Monday is a holiday) - 9:00 a.m. for pro per litigants, 1:30 p.m. for litigants represented by attorneys, 2:00 p.m. for minor's counsel appearances by juvenile court attorneys - for Request for Orders, motions relating to enforcement or modification and other motions preliminary to trial (5.0); family law and domestic violence ex parte applications under CRC, rule 3.1200 et seq. - the applicant to arrange an appointment with the family law window clerk no later than the time set for notice, applications submitted no later than 2:00 p.m. on the court date prior to the hearing, a party seeking emergency orders to file a Request for Waiver of Notice with Declaration in Support Thereof (Non-Domestic Violence) (YCSC FL14076), notice under CRC, rule 5.165 if the Court denies the request to waive notice, the proof of service of notice filed no later than 12 noon on the date of the hearing, a courtesy copy to the family law window clerk no later than 10:00 a.m. on the date of the hearing, and responsive declarations lodged until the hearing (5.0); law and motion hearings limited to fifteen (15) minutes, the parties to inform the Court when the matter is called if it cannot be completed in that time, and the Court to set it on its long cause calendar (5.0); the Income and Expense Declaration [JC FL150] or Financial Statement filed by the moving party with the papers seeking relief and by the opposing party with the responsive papers (5.0); no long cause hearing or trial heard until counsel, with their clients present or immediately available, have met and conferred in good faith on all issues and exchanged all relevant documents - failure to meet and confer may result in the matter being dropped from the calendar or continued, the rejection of documents not exchanged, or other sanctions (5.0); remote appearances on the law and motion calendar (Mondays at 9:00 a.m., 10:30 a.m., 1:30 p.m., 2:00 p.m.), Courtcall arrangements made no later than Thursday, noon, the week prior at the party's costs, the courtroom remote login at no cost from Family Court Services, and counsel, litigants and witnesses to personally appear at long cause hearing/trials unless the parties stipulate or the court grants a remote appearance under CCP 367.75 and CA Rule of Court 3.672 (5.0); mediation (orientation and/or child custody recommending counseling) under FC § 3160 et seq. in all cases involving custody and/or visitation issues before any hearing, the parties to make a good faith effort to arrive at an agreement (5.1); orientation before mediation or the mediation cancelled, parties who attended orientation within two years prior may proceed directly to mediation, mediation completed remotely as scheduled by FCS, and an investigation packet before mediation for a party residing over 100 miles from the Court, with permission (5.1); no pending mediation date vacated on an agreement unless an executed stipulation has been approved by the Court (5.1); sessions held in private with only the parties and the Counselor, attorneys not permitted to attend absent permission of the Court, counsel for the minor children attending with permission of all parties, and the Counselor's written report and recommendations to the Court when no agreement is reached (FC 3186) (5.1); communications with the Counselor confidential, without limit on reports of known or suspected child abuse or on information about a person who threatens injury or harm, and the Counselor to notify the Court in writing when a minor may be at risk and make no recommendation based on it (5.1); in domestic violence cases special guidelines, the parties interviewed separately, a support person who does not participate, the parties brought together only when both parties and the Counselor determine it to be safe, and the Counselor's report under FC § 4320 (i) (5.1); the Counselor's recommendation, at any time, of an investigation and report under FC § 3110, a referral under EC § 730 or independent counsel for the child(ren) under FC § 3150, and temporary custody and visitation orders while the mediation process is ongoing (5.1); no peremptory challenge to counselors or other court staff except Court Investigators, and no subpoena of the Counselor to testify on the law and motion calendar absent permission of the Court, a subpoena under Gov. Code §68097.1 on five (5) court days' notice to the Counselor and Family Court Services (5.1); reports and recommendations confidential, available only to the Court and court staff, the parties, their attorney(s) of record and persons the Court grants access by written order, no copies made or contents disclosed to a child, and the reports placed in the confidential portion of the file on completion (5.1); a Parenting Plan the parties reach agreement on presented to the Court, to become its order on approval and be filed, not confidential (5.1); grievances about mediation services, an investigator and the facilitator presented to the Director of Family Court Services (Complaint Form [YCSC G05051]) and requests to change mediators addressed to the Family Law Facilitator (5.1); custody evaluations to comply with California Rules of Court 5.220 et. seq., by evaluators appointed under Evidence Code section 730 or Family Code section 3110 who meet the standards of Family Code section 3110.5 and rules 5.225 and 5.230, no peremptory challenge to an evaluator, an evaluator's request in writing to withdraw with the reason for the request and a status report, and grievances in writing within five (5) days of the receipt of the report (Complaint Form [YCSC G05048]) (5.2); in the absence of a stipulation, ex parte communications by the attorneys with the evaluator prohibited except to schedule appointments, documents or unsolicited comments to the evaluator only with a copy to the other side and minor's counsel at least 72 hours in advance plus five (5) days for mailing, a court ordered evaluation limited in scope to the issues identified by the court, and its payment ordered at the time of the appointment (5.2); unauthorized removal of the evaluator's report a felony [GC § 6200, et seq.], the Evaluator to receive a subpoena at least five (5) court days prior to the hearing or trial, and information on how to find qualified evaluators posted in Family Court Services (5.2); court-ordered investigations by investigators who meet CRC, rule 5.225, no peremptory challenge to an investigator, the Child Custody Investigation report to return on a date the Court shall establish not less than ten (10) days prior to the hearing, and partial reports provided at the time designated (5.3); the Mediated Agreement, signed by all parties and the Counselor, provided to the parties before leaving mediation, and in a same day mediation the Child Custody Recommendation report provided to the Court, counsel and the litigants prior to the commencement of the hearing (5.3); investigation reports and recommendations in writing, admissible subject to cross-examination and motions to strike, distributed to the Court and the parties and not to minor children except upon a showing of good cause, used only in the legal proceedings and placed in the confidential portion of the file, unauthorized removal a felony, and the Investigator to receive a subpoena at least five (5) court days prior to the hearing or trial (5.3); grievances about court-ordered investigations presented in writing via Complaint (Local Form Number FL05048) to the Court Executive Officer within five (5) days of receipt of the report (5.3); complaints about a court-appointed counsel for a child in writing to the Court Executive Officer, who or whose designee will investigate, evaluate and respond (5.4); a monetary penalty of $50 for the first and $100 for each subsequent failure, after reasonable notice and without good cause, to attend and complete orientation or mediation, or who cancels within 48 hours of the appointment, and the same for a failure to comply with a court-ordered drug test, to sign releases of information necessary for FCS investigations, to timely complete investigative packets or to timely report to Yuba County Court Collections when ordered, with additional sanctions the court may order (5.5); a stipulation in any family matter in which a modification of an existing order is sought signed by both parties, their respective attorneys and any appointed minor's counsel, then presented to the court (YCSC FL077060, YCSC FL10070) (5.6); for an uncontested matter set for hearing, a Request to Enter Default with its supporting declaration or an executed written stipulation, current Income and Expense Declaration and Property Declaration forms unless excused by FC § 2330.5, and counsel to provide the Judge at the hearing with the original proposed judgment, including any marital settlement agreement (5.7); for a contested trial/hearing, both parties to file and serve at least five (5) court days prior to the trial/long cause date a statement of the issues, contentions and proposed disposition of the case, a current income and expense declaration if support or attorney's fees are at issue, an updated statement of assets and debts, a witness list (the non-mandatory JC form FL-321) and a list of exhibits with copies exchanged - only disclosed witnesses and exhibits permitted except for good cause shown - and the supporting documentation of a request for a needs-based award of attorney's fees, failure may result in the matter dropped, the complying party to continue the cause, sanctions or an issue sanction (5.8); trial and reply briefs with a full and complete statement of property and income and expenses - each item of separate and community property with the year acquired, the basis of the claim, current market value, encumbrance and title, funds held by others, tracing, current obligations, current income and expense on Form FL-150, and a proposed equal division of community property with each party's contentions on child custody, visitation and support (5.8); the court does not receive telephones or computers into evidence - text messages and social media printed out, other evidence obtained from an electronic device copied onto a flash drive, after proper authentication (5.8); family law continuances by stipulation submitted at least two court days prior to the scheduled Court trial/hearing (YCSC FL12069) for the Court's order, with a continuance fee of $20 (5.9); a stepparent to petition for visitation under FC § 3101 on local form FL03013 and a grandparent under FC § 3103 on local forms FL03014 and FL03015, with a request for joinder and summons on joinder under CRC, rule 5.24 if the petition is filed in a dissolution proceeding (5.10, 5.11); an Office of the Family Law Facilitator under FC § 10000, et seq., with additional duties the Court may designate under FC § 10005 (5.12); courts issuing criminal protective orders and courts issuing child custody or visitation orders to make reasonable efforts to determine whether the other's orders exist, court staff to check reasonably available resources, and a court that has issued a criminal protective order may modify it after consultation to allow or restrict contact between the restrained person and his or her children (5.13).
CHAPTER 5. FAMILY LAW 5.0 HEARING AND TRIALS IN GENERAL A. LAW AND MOTION CALENDAR The Family Law and Motion Calendar is heard each Monday (Tuesday if Monday is a holiday) as follows: 9:00 a.m. Pro Per Litigants 1:30 p.m. Litigants Represented by Attorneys 2:00 p.m. Minor’s counsel appearances by juvenile court attorneys Matters to be heard on the Family Law and Motion Calendar shall include the f
Reviewer note: Composed 2026-10-11 (California T4 Yuba build 2026-10-11) from BenchPath custody ca/t4/ca-yuba/docs/local-rules/72026-draft-yuba-county-local-rules-final-signed.pdf (the court's rule book, its cover “YUBA COUNTY SUPERIOR COURT LOCAL RULES OF COURT Effective July 1, 2026”, as fetched 2026-10-11; 927009 bytes, sha256 e73a52e8ecad1d72c9f145105639038844ab916d66f96af59a00dd2e1f2257e0; 52 pages; this part PDF pages 26 to 35, printed pages 16 to 25) with the shared verbatim composer (v2 reflow): the rules (PDF pages 11 to 48, printed 1 to 38) composed as one text, from the General Provisions' introduction to Rule 10.1, and cut at the introduction's first line and the ten chapter headings, each matched once as a whole line (a chapter may begin mid-page); each page's running header (“Superior Court of California, County of Yuba” with “Effective July 1, 2026”, or on PDF pages 46 to 48 “Effective January 1, 2026”) and its page number “- N -” at the bottom center removed as chrome (113 lines); lines reflowed into the rules' paragraphs, each rule's number set with its title as one line (“2.8 COURT REPORTERS”), each lettered or numbered subdivision starting a line, and each history line on a line of its own; Chapter 8's two ruled tables of local forms (PDF pages 42 to 45) set row by row, each row's cells left to right; the strike report (review/strike-report-2026-10-11.txt) finds no struck run; 12 whitespace-only fixes (build/book-fixes.json: the introduction's first defined term set on its own line; in Rule 1.2 “Senior Clerks” and in Rule 1.3 six assignment rows, each set on its own line; Rule 2.11's street address set on its own line; two paragraph breaks the reflow closed, in Rules 2.8(A) and 7.1(B); one false break inside Rule 5.1(I) rejoined); the vertical-gap, short-line, page-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-11.txt) list candidates read one by one (build/book_fixes.py); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the adoption page, the list of each rule's effective or latest amendment date (PDF pages 3 to 5), the table of contents (PDF pages 6 to 10) and the index (PDF pages 49 to 52) belong to no card. Review note: The Standing Order RE: Child Custody Recommending Counseling of July 28, 2026 (carded) assigns an orientation due date when the request for order is filed and a mediation date once proof of service is on file and both parties have completed orientation; Rule 5.1(D) has mediation scheduled by FCS after orientation. Carried as printed: Rule 5.2(B)(6) names the grievance form “Complaint Form [YCSC G05048]” and Rule 5.3(G) “Local Form Number FL05048” (the Local Forms page lists FL05048); Rule 5.6 cites “YCSC FL077060” (the Local Forms page lists the Family Law Stipulation and Order as FL07060); Rule 5.0(F) lists a 10:30 a.m. law and motion calendar that Rule 5.0(A) does not; and Rule 5.5(B) reads “child custody recommended counseling”.
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 > Yuba County > Superior Court of California, County of Yuba
CHAPTER 5. FAMILY LAW 5.0 HEARING AND TRIALS IN GENERAL A. LAW AND MOTION CALENDAR The Family Law and Motion Calendar is heard each Monday (Tuesday if Monday is a holiday) as follows: 9:00 a.m. Pro Per Litigants 1:30 p.m. Litigants Represented by Attorneys 2:00 p.m. Minor’s counsel appearances by juvenile court attorneys Matters to be heard on the Family Law and Motion Calendar shall include the following: Request for Orders, motions relating to enforcement or modification, and all other motions preliminary to trial. B. EX PARTE APPLICATIONS (FAMILY LAW/DOMESTIC VIOLENCE) 1. All ex-parte matters shall be conducted in strict accordance with CRC, rule 3.1200 et seq. 2. The ex-parte applicant, or his or her counsel shall contact the family law window clerk to ar-range an appointment for presentation of the application no later than the time set for notice to the opposing party. All ex parte applications must be submitted no later than 2:00 p.m. on the court date prior to the date set for hearing. 3. Any party seeking emergency orders ex-parte shall at the onset complete and file a Request for Waiver of Notice with Declaration in Support Thereof (Non-Domestic Violence) (YCSC FL14076). If the Court denies the request to waive notice, then notice must be given as outlined in CRC, rule 5.165. (YCSC FL14077). 4. Any proof of service of the notice of the ex-parte hearing shall be filed no later than 12 noon on the date of the ex parte hearing at the family law clerk’s window. 5. A courtesy copy of the ex parte request and all supporting documentation shall be provided to the family law window clerk no later than 10:00 a.m. on the date of the scheduled hearing. 6. Any responsive declarations shall be lodged in the court file until the ex parte hearing. Effective 01/01/17; Amended 1/1/20; Revised 7/1/22 C. MATTERS EXCEEDING 15 MINUTES; SPECIAL SETTING Hearings on the Law and Motion Calendar are limited to fifteen (15) minutes and are subject to further time limitations to accommodate the Court's calendar. In the event both parties in good faith believe that the matter cannot be completed in fifteen (15) minutes, they shall, at the time the matter is called, so inform the Court. The Court may set the matter on its long cause calendar, or make such other order as may be appropriate under the circumstances. D. FINANCIAL DECLARATIONS In all matters in which the filing of an Income and Expense Declaration [JC FL150] or Financial Statement is required, the moving party shall file the Income and Expense Declaration [JC FL150], or Financial State-ment with the papers seeking relief, and the opposing party shall file the Income and Expense Declaration with the responsive papers. Effective 7/1/07; Amended 7/1/22 E. MEET AND CONFER REQUIREMENT No case set for long cause hearing or trial in the Family Law Department will be heard unless and until counsel, with their respective clients either physically present or immediately physically available, have met and conferred in a good faith effort to resolve all issues. All relevant documents shall be exchanged by counsel while conferring, absent good cause to the contrary. Failure to meet and confer may result in the matter being dropped from the calendar or continued, or rejection of documents not so exchanged, or other appropriate sanctions pursuant to these rules. Effective 7/1/99, Amended 01/1/03 F. REMOTE APPEARANCES (FAMILY LAW MATTERS) Counsel or self-represented litigants may make a remote appearances for matters calendared for law and motion calendar (Mondays at 9:00 a.m., 10:30 a.m., 1:30 p.m., 2:00 p.m.) and are responsible for making their own arrangement for this service. Courtcall arrangements must be made no later than Thursday, noon, the week prior to the scheduled proceeding. Courtcall LLC’s contact information is: 1-888-882-6878; FAX: 1-888-883-2946. Counsel or the party arranging for the Courtcall is responsible for any costs asso-ciated with the Courtcall appearance. Counsel or the party pays these costs directly to Courtcall, LLC. Information regarding courtroom remote appearance login, at no cost, may be obtained by contacting Fam-ily Court Services. Counsel, self-represented litigants, and witnesses must personally appear for long cause hearing/trials unless the parties stipulate otherwise or unless the court grants a party’s request for a remote appearance. Any request for a remote appearance at a long cause hearing/trial must be in accord-ance with CCP 367.75 and CA Rule of Court 3.672. Effective 7/01/07; Amended 1/01/10; 1/1/13; Revised 1/01/20; Revised 7/1/22 5.1 CHILD CUSTODY RECOMMENDING COUNSELING A. SCOPE OF RULE All proceedings relating to the custody or visitation of children shall be governed by FC § 3160, et seq., and the following rules. “Mediation,” as used in these rules, means Orientation and/or Child Custody Recom-mending Counseling. B. GOOD FAITH EFFORT Parties shall make a good faith effort to arrive at an agreement regarding child custody or visitation before any court hearing. C. GENERALLY All cases involving custody and/or visitation issues will be subject to mediation, and the parties will be required to appear for mediation before any hearing date. D. SCHEDULING OF INITIAL CHILD CUSTODY RECOMMENDING COUNSELING SESSIONS Any party residing over 100 miles from the Court may with permission of the Court complete an investigation packet prior to mediation with the packet to be returned to FCS prior to the scheduled mediation. Mediation may be completed remotely as scheduled by FCS. Parties must complete orientation prior to mediation or mediation will be cancelled. If the parties have attended orientation within two years prior to filing the motion currently at issue, the parties may proceed directly to mediation without attending orienta-tion. Amended 1/01/24 E. SETTLEMENT REACHED If the parties are in agreement as to custody and visitation issues, no pending Mediation date(s) will be vacated unless an executed stipulation has been approved by the Court. F. PRIVACY OF CHILD CUSTODY RECOMMENDING COUNSELING SESSION; RECOMMENDATIONS All mediation proceedings shall be held in private, with only the parties and the Counselor present. Absent permission of the Court, attorneys for parties are not permitted to attend sessions. Counsel for the minor children may attend sessions with permission of all parties. If agreement is not reached, the Counselor will provide a written report to the Court containing the Coun-selor’s opinion and recommendations as to what parenting plan would provide for the best interests of the minor(s). The Counselor shall provide the court with written statements of the parties’ positions; results of any investigation that has been conducted; summaries of statements taken by the Counselor; and the evi-dence upon which the Counselor is relying in forming his/her opinion as to what custody and visitation arrangement would provide for the best interests of the minor child(ren). This report shall be made available to the parties as soon thereafter as practicable, per FC 3186, subd. (a). Effective 7/1/99, Amended 7/1/07; Revised 7/1/22; G. CHILD ABUSE AND/OR THREATS; CHILD AT RISK All communications with the Counselor are confidential; however, required confidentiality does not limit reports of known or suspected child abuse, nor is the Counselor prevented from disclosing information involving a person who threatens injury or harm to the intended victim(s) and/or their property. In the event that factual information comes to the attention of the Counselor to the effect that the minor(s) is or may be at risk, the Counselor will so notify the Court in writing. However, the Counselor will make no recommendation based on such information. H. DOMESTIC VIOLENCE In mediating cases with domestic violence allegations, special guidelines will be followed and the parties may be interviewed separately. The battered spouse may, if requested, be accompanied in the mediation session by a support person who does not participate in the session. After both parties have been inter-viewed separately, they may be brought together only if both parties and the Counselor determine it to be safe for the victim. If the domestic violence is disclosed in a regular mediation session where there was no prior indication, or if intimidation of one spouse by the other becomes apparent to the Counselor, the parties may be separated and interviewed individually. The Counselor will report to the Court on the existence of circumstances described in FC § 4320 (i). I. COUNSELOR'S RECOMMENDATION FOR INVESTIGATION/EVALUATION At any time during the mediation process, the Counselor may recommend to the Court that (a) an investi-gation and report be made pursuant to FC § 3110, et seq., (b) a referral be made pursuant to EC § 730, or (c) independent counsel be appointed for the child(ren) pursuant to FC § 3150. J. TEMPORARY ORDERS PENDING MEDIATION While the mediation process is ongoing, the Court may make temporary orders concerning custody and visitation until the mediation process is completed. K. PEREMPTORY CHALLENGE Counselors and other staff members and employees of the Court, with the exception of Court Investigators, are not subject to peremptory challenge by the parties or their attorneys. L. NO TESTIMONY If mediation is unsuccessful, the Counselor shall not be subject to being subpoenaed to testify in Court on the law and motion calendar, absent permission of Court. However, the Counselor may be subpoenaed to testify in Court subject to compliance with Gov. Code §68097.1, et seq. and upon five (5) court days’ notice to the Counselor and Family Court Services unless good cause is shown to shorten notice. Effective 7/1/07; Amended 1/1/13 M. CONFIDENTIALITY OF REPORT In any proceeding involving custody or visitation of minor children, any written report or recommendation from the Counselor, an investigator, or any person appointed by the Court to render a report shall be con-fidential and unavailable to any persons except the Court and court staff, the parties or attorney(s) of record for parties, and any persons to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall make copies of it nor disclose its contents to any child who is the subject of the report. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confi-dential portion of the Court file. N. FILING OF AGREEMENT If the parties reach agreement on a Parenting Plan, the original Plan shall be presented to the Court. The Court shall review the Plan. Subject to the Court's approval, whether as reflected upon the clerk’s minutes or by Order After Hearing, the Plan shall become the order of the Court and shall be filed in the Court file. The Plan shall not be treated as confidential in nature. O. GRIEVANCES Grievances relating to mediation services, investigator and facilitator shall be presented to the Director of Family Court Services. Complaint Form [YCSC G05051] P. REQUESTS TO CHANGE MEDIATORS Requests to change mediators shall be addressed to the Family Law Facilitator. Effective 7/1/99, Amended 1/01/03, 7/1/07; 1/01/17 5.2 EVALUATIONS A. PURPOSE AND INTENT It is the Court's intent to establish principles and standards to provide each family and the Court with accu-rate, comprehensive, and constructive information regarding the best interest of the child in a way that promotes understanding and cooperation within the family, and to adopt the best possible plan relating to duties and responsibilities of parents in raising their children. When the care and upbringing of a child are contested issues, the quality, and conduct of an evaluation is of the utmost importance for the well-being of the child and for society at large. Whenever possible and appropriate, multiple examinations of the child by different examiners shall be avoided. B. COURT-ORDERED EVALUATIONS 1. All custody evaluations must comply with California Rules of Court 5.220 et. seq. 2. The court may appoint an evaluator under Evidence Code section 730 or Family Code section 3110. 3. Evaluators must meet the education, experience and training standards set forth in Family Code section 3110.5, California Rule of Court 5.225, and 5.230. 4. No peremptory challenge to a Court-appointed evaluator is allowed. 5. Evaluators may petition to withdraw from a case by submitting a request in writing to the court and mailing copies to counsel for the parties, or to the parties if they are unrepresented. The request shall include the reason for the request and a status report on any action taken by the evaluator appointed to the case. 6. Grievances in connection with court-ordered evaluations shall be presented, in writing, to the Court within five (5) days of the receipt of the report and such grievances shall be addressed at the scheduled custody hearing. Complaint Form [YCSC G05048]. 7. Ex parte Communication a. In the absence of a stipulation, ex parte communications by the attorneys with the evaluator are prohibited, except to schedule appointments. After the first appointment, no party or attorney for a party may initiate one-sided contact with the evaluator. The evaluator may contact the parties at any time. b. An attorney for a party or minor’s counsel must not provide the evaluator with documents or unsolicited comments pertaining to the case, without first provid-ing the other side and minor’s counsel, if any, with a copy of those documents at least 72 hours in advance, plus an additional five (5) days for mailing so that any objections to submission may be addressed. After 72 hours from receipt has elapsed, unsolicited comments may only be presented by the scheduling of a conference call involving all parties. c. The evaluator may initiate an ex parte communication with the Family Court Services Director to obtain copies of the court file, any previous reports, or investigations, and to obtain necessary addresses. 8. A copy of the appointment of the evaluator under Evidence Code section 730 will be made available to the court assigned evaluator. A court ordered evaluation may be limited in scope to the issues identified by the court. 9. The court will order payment of the evaluation at the time of the appointment. C. UNAUTHORIZED REMOVAL OF REPORT Unauthorized removal of the evaluator's report from the Court file or the jurisdiction of the Court is a felony [GC § 6200, et seq.] D. TESTIMONY OF EVALUATOR The Evaluator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown. Effective 1/1/13 E. LIST OF QUALIFIED EVALUATORS The Court will ensure information is posted in Family Court Services which serves family law litigants, re-garding how to find qualified evaluators in the jurisdiction. Effective 7/01/17 Amended 1/1/24 5.3 INVESTIGATIONS A. PURPOSE AND INTENT The Court orders investigations to assist it in determining the health, safety, welfare, and best interests of children with respect to disputed custody and visitation issues. B. COURT-ORDERED INVESTIGATIONS All investigators shall meet the requirements of CRC, rule 5.225. C. PEREMPTORY CHALLENGE Peremptory challenges to an investigator appointed by the Court shall not be permitted. D. INVESTIGATION REPORT/CONFIDENTIALITY The Court shall establish a specific date the investigator shall return the Child Custody Investigation report to the Court, which shall be not less than ten (10) days prior to hearing. The date may be extended by order of the Court or by written agreement of the parties with Court approval. Partial investigation reports shall be provided to the parties at the time designated by the Court. Upon reaching an agreement regarding child custody and visitation in mediation, a copy of the Mediated Agreement, signed by all parties and the Counselor, shall be provided to the parties before leaving media-tion. For “Same Day Mediations,” where the parties have requested mediation on the same day as any court appearance, any resulting Child Custody Recommendation report generated by the Counselor shall be provided to the Court, counsel and the litigants, prior to the commencement of the hearing. If the parties have reached an agreement in mediation, they will be provided with a copy of the Mediated Agreement, signed by all parties and the Counselor, prior to leaving mediation. All Child Custody Investigation reports and Child Custody Recommendations of the Counselor shall be in writing and shall be admissible into evidence subject to cross-examination and motions to strike. The report shall be distributed to the Court and the parties or their counsel of record, and shall not be distributed to minor children, except upon a showing of good cause. The report and information contained in the report shall be used only in the legal proceedings and for no other purpose. Upon completion of the hearing or upon settlement of the matter, all reports shall be placed in the confidential portion of the Court file. E. UNAUTHORIZED REMOVAL OF REPORT Unauthorized removal of the investigator’s report from the Court file or the jurisdiction of the Court is a felony [GC § 6200, et seq.] F. TESTIMONY OF INVESTIGATOR The Investigator must receive a subpoena at least five (5) court days prior to the hearing or trial, unless good cause is shown. G. GRIEVANCES Grievances in connection with court-ordered investigations shall be presented, via Complaint, (Local Form Number FL05048 in writing, to the Court Executive Officer within five (5) days of receipt of the report. Effective 1/1/03, Amended 7/1/07; 1/1/13 5.4 COURT APPOINTED COUNSEL FOR CHILD Complaints regarding the performance of a court-appointed counsel for a child shall be in writing and ad-dressed to the Court Executive Officer. The Court Executive Officer of his/her designee, will investigate, evaluate and respond to the complaint in due course. Effective 1/01/17; Amended 1/01/20 5.5 PENALTY A. Any party who has received reasonable notice of and fails to attend and complete orientation without good cause or who cancels within 48 hours of the appointment shall be assessed a $50 monetary penalty for the first violation. The court may assess a $100 monetary penalty for each subsequent failure. The court may order additional sanctions. B. Any party who has received reasonable notice of and fails to attend and complete mediation (child custody recommended counseling) without good cause or who cancels within 48 hours of the appointment shall be assessed a $50 monetary penalty for the first violation. The court may assess a $100 monetary penalty for each subsequent failure. The court may order addi-tional sanctions. C. Any party who has received reasonable notice and fails to comply with any court-ordered drug test shall be assessed a $50 monetary penalty for the first violation and may be assesses an additional $100 monetary penalty for each subsequent failure. The court may order additional sanctions. D. Any party who fails to sign releases of information necessary for FCS investigations/evaluation shall be assessed a fee of $50 for the first failure, $100 for the second and any subsequent failures. The court may order additional sanctions. E. Any party who fails to timely complete investigative packets without good cause shall be subject to a $50 monetary penalty for the first failure and $100 for any additional failures. The court may order additional sanctions. F. Any party who fails to timely report to Yuba County Court Collections when ordered to do so without good cause shall be subject to a $50 monetary penalty for the first failure and $100 for any additional failures. The court may order additional sanctions. Effective 1/1/13 Revised 7/01/14 5.6 STIPULATION MODIFYING EXISTING ORDER In any family matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if represented by counsel, and minor’s counsel, if minor’s counsel has been appointed. The stipulation shall then be presented to the court. (YCSC FL077060; YCSC FL10070) Effective 7/1/99; Amended 1/1/13; 7/01/14 5.7 UNCONTESTED TRIALS-DOCUMENTS REQUIRED If the Court determines that an uncontested matter is to be set for hearing, the following documents shall be filed: A. Either (1) a Request to Enter Default and supporting declaration in the form prescribed by the Judicial Council or (2) an executed written stipulation that the matter may be treated on an uncontested basis; and B. Current Income and Expense Declaration and Property Declaration forms, completed as pre-scribed by the Judicial Council, infra, unless excused by FC § 2330.5. Effective 1/1/95 C. At the hearing of the uncontested matter, counsel shall provide to the Judge the original of the proposed judgment, including any marital settlement agreement. In the event of a stipulated judgment, the stipulation must be signed by both parties and their respective attorneys, if rep-resented by counsel. At the option of counsel, blank spaces may be left for insertion of the amount of child and spousal support. Effective 7/1/99 5.8 CONTESTED TRIALS A. STATEMENT OF ISSUES, CONTENTIONS, AND PROPOSED DISPOSITION OF THE CASE 1. Where a matter is set for contested trial/hearing, either short or long cause, both parties shall file and serve at least five (5) court days prior to the trial/long cause date, the following: a. A statement of the issues (disputed and undisputed), contentions, and proposed dis-position of the case. b. A current income and expense declaration, if either support or attorney’s fees are at-issue. c. An updated statement of assets and debts, if additional assets or debts have been discovered. d. A witness list in which counsel may utilize the non-mandatory JC form FL-321, speci-fying for each witness, his/her name, address, contact telephone number, and a brief summary of the witness’ expected testimony. Only disclosed witnesses will be permit-ted to testify at trial, except for rebuttal witnesses or for good cause shown. e. A list of Exhibits with legible copies to be exchanged with opposing counsel. Only disclosed exhibits will be permitted to be offered at trial, except for good cause shown. f. Supporting documentation regarding any request for a needs-based award of attor-ney’s fees, including, but not limited to billing/statements. 2. A Failure to do so by both sides may result in the matter being dropped from the trial or settlement conference calendar. 3. Failure by one party may allow the complying party to continue the cause and/or sanctions to be imposed, as permitted by law; 4. Failure of any party to specify an issue in dispute in a statement of issues may result in an issue sanction (no evidence may be presented relating to omitted issues) or other sanction at the hearing or trial. Effective 7/1/99 Amended 1/1/07 Revised 7/01/14; Revised 1/01/24 B. TRIAL BRIEF AND REPLY BRIEF Trial and reply briefs shall include a full and complete statement of property and income and expenses, and shall set forth the following information in the following order, as it applies to the party filing, except as hereafter provided: 1. Separate Property List each item of separate property, the year it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, and manner in which title thereto is presently vested, and the relevant title data. 2. Community Property List each item of community property, the year it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, the manner in which title thereto is presently vested, and the record title data. 3. Funds Held By Others To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculations and all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, details regarding those loans should be set forth. 4. Tracing If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, with dates, values, and dollar amounts, the transaction relevant to the tracing issue, as well as the basis for computation or proration. 5. Current Obligations Separately list all debts and obligations of the spouses, which are liabilities of the community and, so far as known, debts, and obligations, which are alleged to be the separate liabilities of the re-spective spouses. Specify the identity of the creditor, the purpose for which the debt was incurred, the balance currently due thereon, the terms of payment and the security, if any, held by the cred-itor. 6. Current Income And Expense Specify and set forth current income and expenses by completing and filing the form adopted for mandatory use, Judicial Council of California, Form FL-150 prescribed by CRC, rule 5.112.1. Pre-viously-filed Income and Expense Declarations shall not be considered as compliance with this requirement. 7. Proposal For Property Division And Support Set forth a proposed equal division of community property of the parties, giving due consideration to the liabilities, costs and attorney's fees. In addition, specify each party's contentions as to child custody and visitation, and as to amount and duration of child and spousal support. Effective 7/1/99 C. EVIDENCE The court does not receive telephones or computers into evidence. If a party wishes to submit evidence obtained from an electronic device it must be printed out, in the case of text messages or social media texts, or copied onto a flash drive for receipt into evidence, after proper authentication. The parties must comply with applicable evidentiary and discovery statutes and the applicable Rules of Court. Effective 7/01/14 5.9 CONTINUANCES Continuances for Family law by stipulation shall be submitted at least two court days prior to the scheduled Court trial/hearing (YCSC FL12069) submitted to the Court for its Order approving or denying the continu-ance. A continuance fee of $20 shall be paid to the Court Clerk’s office at the time of filing. Amended 1/01/24 5.10 STEPPARENT VISITATION Pursuant to FC § 3101, a stepparent may petition for visitation utilizing local forms: Petition for Stepparent Visitation and Notice of Hearing re Petition for Stepparent Visitation (Local Form Number FL03013). Pur-suant to CRC, rule 5.24 a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding. Effective 7/1/99, Amended 7/1/07; 1/1/13 5.11 GRANDPARENT VISITATION Pursuant to FC § 3103, a grandparent may petition for visitation utilizing local forms: Petition for Grand-parent Visitation (Dissolution Action Filed), and Notice of Hearing and Petition for Grandparent Visitation (No Dissolution Action Filed) and Notice of Hearing (Local Form Numbers FL03014, FL03015). Pursuant to CRC, rule 5.24, a stepparent or grandparent must also file a request for joinder and serve summons on joinder if the petition is filed in a dissolution proceeding. Effective 7/1/99, Amended 7/1/07; 1/1/13 5.12 FAMILY LAW FACILITATOR As required by the Family Law Facilitator Act, FC § 10000, et seq. this Court maintains an Office of the Family Law Facilitator. Pursuant to FC § 10005, this Court may designate certain additional duties of the Family Law Facilitator. Effective 7/1/01; Amended 1/1/13 5.13 COMMUNICATIONS REGARDING CRIMINAL PROTECTIVE ORDERS AND CHILD CUSTODY/VISITATION ORDERS Courts issuing criminal protective orders shall make reasonable efforts to determine whether any child cus-tody, visitation order or domestic violence order exist that involve any party to the pending criminal action. Court staff shall, at a minimum, check reasonably available resources to determine such information. Courts issuing orders involving child custody or visitation shall make reasonable efforts to determine whether a criminal court protective order exists that involves any party to the pending civil action. Court staff shall, at a minimum, check reasonably available resources to determine such information. A court that has issued a criminal protective order may, after consultation with a court that has issued a subsequent child custody or visitation order, modify the criminal protective order to allow or restrict contact between the person restrained by the order and his or her children and also modify the domestic violence restraining order regarding issues not previously addressed. Effective 1/01/17
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.