California Rules of Court (Revised January 1, 2013)

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• Title 5. Family and Juvenile Rules

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• Rule 5.1. Title
• Division 1. Family Rules
• Chapter 1. General Provisions
• Article 1. General Provisions
• Rule 5.2. Division title; definitions; application of rules and laws
• Rule 5.4. Preemption; local rules and forms
• Rule 5.5. Division title [Repealed]
• Article 2: Use of Forms
• Rule 5.7. Use of forms
• Article 3. Appearance by Telephone
• Rule 5.9. Appearance by telephone
• Rule 5.10. Definitions and use of terms [Repealed]
• Article 4. Discovery
• Rule 5.12. Discovery motions
• Article 5: Sanctions
• Rule 5.14. Sanctions for violations of rules of court in family law cases
• Rule 5.15. Extensions of time [Repealed]
• Chapter 2. Parties and Joinder of Parties
• Article 1. Parties to Proceedings
• Rule 5.16. Designation of parties
• Rule 5.17. Other causes of action
• Rule 5.18. Injunctive relief and reservation of jurisdiction
• Rule 5.20. Application of rules [Repealed]
• Rule 5.21. General law applicable [Repealed]
• Rule 5.22. Other proceedings [Repealed]
• Article 2. Joinder of Parties
• Rule 5.24. Joinder of persons claiming interest
• Rule 5.25. Status of family law and domestic violence forms [Repealed]
• Rule 5.26. Use of forms in nonfamily law proceedings [Repealed]
• Rule 5.27. Use of interstate forms [Repealed]
• Rule 5.28. Domestic partnerships [Repealed]
• Article 3. Employee Pension Benefit Plan
• Rule 5.29. Joinder of employee pension benefit plan
• Rule 5.35. Renumbered effective January 1, 2013
• Chapter 3. Filing Fees and Fee Waivers
• Article 1. Filing Fees and Fee Waivers
• Rule 5.40. Filing fees
• Rule 5.41. Waiver of fees and costs
• Article 2. Special Procedures
• Rule 5.43. Fee waiver denials; voided actions; dismissal
• Rule 5.45. Repayment of waived court fees and costs in family law support actions
• Rule 5.46. Waiver of fees and costs-Supreme Court or Court of Appeal
• Chapter 4. Starting and Responding to a Family Law Case; Service of Papers
• Article 1. Summonses, Notices, and Declarations
• Rule 5.50. Papers issued by the court
• Rule 5.52. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Article 2. Initial Pleadings
• Rule 5.60. Petition or complaint; alternative relief
• Rule 5.62. Appearance by respondent or defendant
• Rule 5.63. Motion to quash proceeding or responsive relief
• Article 3. Service of Papers
• Rule 5.66. Proof of service
• Article 4. Manner of Service
• Rule 5.68. Manner of service of summons and petition; response; jurisdiction
• Rule 5.70. Nondisclosure of attorney assistance in preparation of court documents [Repealed]
• Rule 5.71. Application to be relieved as counsel on completion of limited scope representation [Repealed]
• Rule 5.72. Court order for service by publication or posting when respondent's address is unknown
• Article 5. Pleadings and Amended Pleadings
• Rule 5.74. Pleadings and amended pleadings
• Article 6. Specific Proceedings
• Rule 5.76. Domestic partnerships
• Rule 5.77. Summary dissolution
• Chapter 5. Family Centered Case Resolution Plans
• Rule 5.83. Family centered case resolution
• Chapter 6. Request for Court Orders
• Article 1. General Provisions
• Rule 5.90. Format of papers
• Rule 5.91. Individual restraining order
• Article 2. Filing and Service
• Rule 5.92. Request for court order; response
• Rule 5.93. Renumbered effective January 1, 2013
• Rule 5.94. Order shortening time; other filing requirements
• Rule 5.96. Place and manner of filing
• Article 3. Meet-and-Confer Conferences
• Rule 5.98. Meet-and-confer requirements; document exchange
• Chapter 2. Procedural Rules [Repealed]
• Rule 5.100. Designation of parties [Repealed]
• Rule 5.102. Parties to proceeding [Repealed]
• Rule 5.104. Other causes of action [Repealed]
• Rule 5.106. Injunctive relief and reservation of jurisdiction [Repealed]
• Rule 5.108. Pleadings [Repealed]
• Rule 5.110. Summons; restraining order [Repealed]
• Article 4. Evidence at Hearings
• Rule 5.111. Declarations supporting and responding to a request for court order
• Rule 5.112. Continuing jurisdiction [Repealed]
• Rule 5.112.1. Declaration page limitation; exemptions
• Rule 5.113. Live testimony
• Rule 5.114. Alternative relief [Repealed]
• Rule 5.115. Judicial notice
• Rule 5.116. Stipulation for judgment [Repealed]
• Rule 5.118. Application for court order [Repealed]
• Rule 5.119. Live testimony [Repealed]
• Rule 5.120. Appearance [Repealed]
• Rule 5.121. Motion to quash proceeding or responsive relief [Repealed]
• Rule 5.122. Default [Repealed]
• Article 5. Reporting and Preparation of Order After Hearing
• Rule 5.123. Reporting of hearing proceedings
• Rule 5.124. Request for default [Repealed]
• Rule 5.125. Preparation, service, and submission of order after hearing
• Rule 5.126. Alternate date of valuation [Repealed]
• Rule 5.128. Financial declaration [Repealed]
• Rule 5.130. Summary dissolution [Repealed]
• Rule 5.134. Notice of entry of judgment [Repealed]
• Rule 5.136. Completion of notice of entry of judgment [Repealed]
• Rule 5.140. Implied procedures [Repealed]
• Rule 5.146. Renumbered effective January 1, 2013
• Rule 5.147. Renumbered effective January 1, 2013
• Rule 5.148. Renumbered effective January 1, 2013
• Rule 5.150. Joinder of persons claiming interest [Repealed]
• Chapter 7. Request for Emergency Orders (Ex parte Orders)
• Article 1. Request for Emergency Orders (Ex parte Orders)
• Rule 5.151. Request for emergency orders; application; required documents
• Rule 5.152. "Claimant" defined [Repealed]
• Rule 5.154. Persons who may seek joinder [Repealed]
• Rule 5.156. Form of joinder application [Repealed]
• Rule 5.158. Determination on joinder [Repealed]
• Rule 5.160. Pleading rules applicable [Repealed]
• Rule 5.162. Joinder of employee pension benefit plan [Repealed]
• Article 2. Notice, Service, Appearance
• Rule 5.165. Requirements for notice
• Rule 5.167. Service of application; temporary restraining orders
• Rule 5.169. Personal appearance at hearing for temporary emergency orders
• Article 3. Procedural Matters Not Requiring Notice (Non-Emergency Orders)
• Rule 5.170. Matters not requiring notice to other parties
• Rule 5.175. Bifurcation of issues [Repealed]
• Rule 5.180. Renumbered effective January 1, 2013
• Chapter 8. Child Custody and Visitation (Parenting Time) Proceedings
• Article 1. Child Custody Mediation
• Rule 5.210. Court-connected child custody mediation
• Rule 5.215. Domestic violence protocol for Family Court Services
• Article 2. Child Custody Investigations and Evaluations
• Rule 5.220. Court-ordered child custody evaluations
• Rule 5.225. Appointment requirements for child custody evaluators
• Rule 5.230. Domestic violence training standards for court-appointed child custody investigators and evaluators
• Article 3. Ex parte Communication
• Rule 5.235. Ex parte communication in child custody proceedings
• Article 4. Counsel Appointed to Represent a Child
• Rule 5.240. Appointment of counsel to represent a child in family law proceedings
• Rule 5.241. Compensation of counsel appointed to represent a child in a family law proceeding
• Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings
• Article 5. Children's Participation in Family Court
• Rule 5.250. Children's participation and testimony in family court proceedings
• Chapter 9. Child, Spousal, and Domestic Partner Support
• Article 1. General Provisions
• Rule 5.260. General provisions regarding support cases
• Article 2. Certification of Statewide Uniform Guideline Support Calculators
• Rule 5.275. Standards for computer software to assist in determining support
• Chapter 10. Government Child Support Cases (Title IV-D Support Cases)
• Rule 5.300. Purpose, authority, and definitions
• Rule 5.305. Hearing of matters by a judge under Family Code sections 4251(a) and 4252(b)(7)
• Rule 5.310. Use of existing family law forms
• Rule 5.311. Implementation of new and revised governmental forms by local child support agencies
• Rule 5.315. Memorandum of points and authorities
• Rule 5.320. Attorney of record in support actions under title IV-D of the Social Security Act
• Rule 5.324. Telephone appearance in Title IV-D hearings and conferences
• Rule 5.325. Procedures for clerk's handling of combined summons and complaint
• Rule 5.330. Procedures for child support case registry form
• Rule 5.335. Procedures for hearings on interstate income withholding orders
• Rule 5.340. Judicial education for child support commissioners
• Rule 5.350. Procedures for hearings to set aside voluntary declarations of paternity when no previous action has been filed
• Rule 5.355. Minimum standards of training for court clerk staff whose assignment includes title IV-D child support cases
• Rule 5.360. Appearance by local child support agency
• Rule 5.365. Procedure for consolidation of child support orders
• Rule 5.370. Party designation in interstate and intrastate cases
• Rule 5.375. Procedure for a support obligor to file a motion regarding mistaken identity
• Chapter 11. Domestic Violence Cases
• Article 1. Domestic Violence Prevention Act Cases
• Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention Act cases
• Rule 5.381. Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases
• Article 2. Tribal Court Protective Orders
• Rule 5.386. Procedures for filing a tribal court protective order
• Chapter 12. Separate Trials (Bifurcation) and Interlocutory Appeals
• Article 1. Separate Trials
• Rule 5.390. Bifurcation of issues
• Article 2. Interlocutory Appeals
• Rule 5.392. Interlocutory appeals
• Chapter 13. Trials and Long-Cause Hearings
• Rule 5.393. Setting trials and long-cause hearings
• Rule 5.394. Trial or hearing brief
• Chapter 14. Default Proceedings and Judgments
• Rule 5.400. Renumbered effective January 1, 2013
• Rule 5.401. Default
• Rule 5.402. Request for default; forms
• Rule 5.405. Judgment checklists
• Rule 5.407. Review of default and uncontested judgments submitted on the basis of declaration under Family Code section 2336
• Rule 5.409. Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336
• Rule 5.410. Renumbered effective January 1, 2013
• Rule 5.411. Stipulated judgments
• Rule 5.413. Notice of entry of judgment
• Rule 5.415. Completion of notice of entry of judgment
• Chapter 15. Settlement Services
• Rule 5.420. Domestic violence procedures for court-connected settlement service providers
• Chapter 16. Limited Scope Representation; Attorney's Fees and Costs
• Article 1. Limited Scope Representation
• Rule 5.425. Limited scope representation; application of rules
• Article 2. Attorney's Fees and Costs
• Rule 5.427. Attorney's fees and costs
• Chapter 17. Family Law Facilitator
• Rule 5.430. Minimum standards for the Office of the Family Law Facilitator
• Chapter 18. Court Coordination Rules
• Rule 5.440. Related cases
• Rule 5.445. Court communication protocol for domestic violence and child custody orders.
• Division 2. Rules Applicable in Family and Juvenile Proceedings
• Chapter 1. Contact and Coordination
• Rule 5.450. Renumbered effective January 1, 2013
• Rule 5.451. Contact after adoption agreement
• Rule 5.460. Request for sibling contact information
• Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding
• Chapter 2. Indian Child Welfare Act
• Rule 5.480. Application
• Rule 5.481. Inquiry and notice
• Rule 5.482. Proceedings after notice
• Rule 5.483. Transfer of case
• Rule 5.484. Placement of an Indian child
• Rule 5.485. Termination of parental rights
• Rule 5.486. Petition to invalidate orders
• Rule 5.487. Adoption record keeping
• Division 3. Juvenile Rules
• Chapter 1. Preliminary Provisions-Title and Definitions
• Rule 5.500. Division title
• Rule 5.501. Preliminary provisions
• Rule 5.502. Definitions and use of terms
• Rule 5.504. Judicial Council forms
• Rule 5.505. Juvenile dependency court performance measures
• Chapter 2. Commencement of Juvenile Court Proceedings
• Rule 5.510. Proper court; determination of child's residence; exclusive jurisdiction
• Rule 5.512. Joint assessment procedure
• Rule 5.514. Intake; guidelines
• Rule 5.516. Factors to consider
• Rule 5.518. Court-connected child protection/dependency mediation
• Rule 5.520. Filing the petition; application for petition
• Rule 5.522. Fax filing
• Rule 5.524. Form of petition; notice of hearing
• Rule 5.526. Citation to appear; warrants of arrest; subpoenas
• Chapter 3. General Conduct of Juvenile Court Proceedings
• Rule 5.530. Persons present
• Rule 5.531. Appearance by telephone (§ 388; Pen. Code § 2625)
• Rule 5.532. Court reporter; transcripts
• Rule 5.534. General provisions-all proceedings
• Rule 5.536. General provisions-proceedings held before referees
• Rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge
• Rule 5.540. Orders of referees not acting as temporary judges
• Rule 5.542. Rehearing of proceedings before referees
• Rule 5.544. Prehearing motions (§ 700.1)
• Rule 5.546. Prehearing discovery
• Rule 5.548. Granting immunity to witnesses
• Rule 5.550. Continuances
• Rule 5.552. Confidentiality of records (§§ 827, 828)
• Rule 5.553. Juvenile case file of a deceased child
• Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 16501.1(f)(16))
• Chapter 4. Subsequent Petitions and Modifications
• Rule 5.560. General provisions
• Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)
• Rule 5.570. Request to change court order (petition for modification)
• Rule 5.575. Joinder
• Rule 5.580. Hearing on violation of probation (§ 777)
• Chapter 5. Appellate Review
• Former rule 5.585. Renumbered effective July 1, 2010
• Rule 5.585. Rules governing appellate review
• Former rule 5.590. Notification of appeal rights in juvenile cases [Repealed]
• Rule 5.590. Advisement of right to review in Welfare and Institutions Code section 300, 601, or 602 cases
• Rule 5.595. Stay pending appeal
• Rule 5.600. Writ petition after orders setting hearing under section 366.26; appeal [Repealed]
• Chapter 6. Emancipation
• Rule 5.605. Emancipation of minors
• Chapter 7. Intercounty Transfers
• Rule 5.610. Transfer-out hearing
• Rule 5.612. Transfer-in hearing
• Rule 5.614. Courtesy supervision (§§ 380, 755)
• Rule 5.616. Interstate Compact on the Placement of Children
• Chapter 8. Restraining Orders, Custody Orders, and Guardianships General Court Authority
• Rule 5.620. Orders after filing under section 300
• Rule 5.625. Orders after filing of petition under section 601 or 602
• Rule 5.630. Restraining orders
• Chapter 9. Parentage
• Rule 5.635. Parentage
• Rule 5.637. Family Finding (§§ 309(e), 628(d))
• Chapter 10. Medication, Mental Health, and Education
• Rule 5.640. Psychotropic medications
• Rule 5.645. Mental health or condition of child; court procedures
• Rule 5.650. Appointment of educational representative
• Rule 5.651. Educational rights of children before the juvenile court
• Rule 5.652. Access to pupil records for truancy purposes
• Chapter 11. Advocates for Parties
• Rule 5.655. Program requirements for Court Appointed Special Advocate programs
• Rule 5.660. Attorneys for parties (§§ 317, 317.6, 16010.6, 366.26)
• Rule 5.661. Representation of the child on appeal
• Rule 5.662. Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition
• Rule 5.663. Responsibilities of children's counsel in delinquency proceedings (§§ 202, 265, 633, 634, 634.6, 679, 700)
• Chapter 12. Cases Petitioned Under Section 300
• Article 1. Initial Hearing
• Rule 5.667. Service and notice
• Rule 5.668. Commencement of hearing-explanation of proceedings (§§ 316, 316.2)
• Rule 5.670. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation
• Rule 5.672. Continuances
• Rule 5.674. Conduct of hearing; admission, no contest, submission
• Rule 5.676. Requirements for detention
• Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; detention alternatives
• Rule 5.680. Detention rehearings; prima facie hearings
• Article 2. Jurisdiction
• Rule 5.682. Commencement of jurisdiction hearing-advisement of trial rights; admission, no contest, submission
• Rule 5.684. Contested hearing on petition
• Rule 5.686. Continuance pending disposition hearing
• Rule 5.688. Failure to cooperate with services (§ 360(b))
• Article 3. Disposition
• Rule 5.690. General conduct of disposition hearing
• Rule 5.695. Findings and orders of the court-disposition
• Rule 5.700. Order determining custody (§§ 304, 361.2, 362.4)
• Rule 5.705. Setting a hearing under section 366.26
• Article 4. Reviews, Permanent Planning
• Rule 5.706. Family maintenance review hearings (§ 364)
• Rule 5.707. Review hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3(l)-(n), 16501.1(f)(16))
• Rule 5.708. General review hearing requirements
• Rule 5.710. Six-month review hearing
• Rule 5.715. Twelve-month permanency hearing
• Rule 5.720. Eighteen-month permanency review hearing
• Rule 5.722. Twenty-four-month subsequent permanency review hearing
• Rule 5.725. Selection of permanent plan (§§ 366.26, 727.31)
• Rule 5.726. Prospective adoptive parent designation (§ 366.26(n))
• Rule 5.727. Proposed removal (§ 366.26(n))
• Rule 5.728. Emergency removal (§ 366.26(n))
• Rule 5.730. Adoption
• Rule 5.735. Legal guardianship
• Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3)
• Chapter 13. Cases Petitioned Under Sections 601 and 602
• Article 1. Initial Appearance
• Rule 5.752. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing
• Rule 5.754. Commencement of initial hearing-explanation, advisement, admission
• Rule 5.756. Conduct of detention hearing
• Rule 5.758. Requirements for detention; prima facie case
• Rule 5.760. Detention hearing; report; grounds; determinations; findings; orders; factors to consider for detention; restraining orders
• Rule 5.762. Detention rehearings
• Rule 5.764. Prima facie hearings
• Article 2. Fitness Hearings
• Rule 5.766. General provisions
• Rule 5.768. Report of probation officer
• Rule 5.770. Conduct of fitness hearing under section 707(a)(1)
• Rule 5.772. Conduct of fitness hearings under sections 707(a)(2) and 707(c)
• Article 3. Jurisdiction
• Rule 5.774. Setting petition for hearing-detained and nondetained cases; waiver of hearing
• Rule 5.776. Grounds for continuance of jurisdiction hearing
• Rule 5.778. Commencement of hearing on section 601 or section 602 petition; right to counsel; advisement of trial rights; admission, no contest
• Rule 5.780. Contested hearing on section 601 or section 602 petition
• Rule 5.782. Continuance pending disposition hearing
• Article 4. Disposition
• Rule 5.785. General conduct of hearing
• Rule 5.790. Orders of the court
• Rule 5.795. Required determinations
• Rule 5.800. Deferred entry of judgment
• Rule 5.805. California Department of Corrections and Rehabilitation, Division of Juvenile Justice, commitments
• Article 5. Reviews and Sealing
• Rule 5.810. Reviews, hearings, and permanency planning
• Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review hearing for child approaching majority (§§ 450, 451, 727.2(i)-(j), 778)
• Rule 5.815. Appointment of legal guardians for wards of the juvenile court; modification or termination of guardianship
• Rule 5.820. Termination of parental rights for child in foster care for 15 of the last 22 months
• Rule 5.825. Freeing wards for adoption
• Rule 5.830. Sealing records
• Chapter 14. Nonminor Dependent
• Rule 5.900. Nonminor dependent-preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a))
• Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366(f), 366.1, 366.3)
• Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e))