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2022 California Rules of Court

Rule 5.83. Family centered case resolution

(a) Purpose

This rule establishes processes and procedures for courts to manage cases from initial filing to terminal disposition in an constructive and timely mode. Information technology is intended to advance the goals of Family Lawmaking section 2450(a) and Standards of Judicial Administration, standard v.thirty.

(b) Definitions

(1)  "Family centered case resolution process" refers to the process employed by the courtroom to ensure that family police cases move through the court process from filing to final disposition in a timely, fair, and effective manner.

(2)  "Disposition" refers to final judgment, dismissal, modify of venue, or consolidation of the example into a atomic number 82 example. Courts may continue a case in, or return a case to, the family unit centered case resolution procedure after disposition.

(three)  "Status briefing" refers to court events scheduled with the parties and attorneys for the purpose of identifying the current status of the example and determining the adjacent steps required to reach disposition.

(4)  "Family centered case resolution briefing" refers to a conference scheduled with parties, attorneys, and a judicial officeholder to develop and implement a family centered example resolution plan under Family Code department 2451.

(c) Family unit centered case resolution process

(1)  Outset Jan 1, 2012, courts must develop a family centered case resolution process which must be fully implemented by January one, 2013. The family centered example resolution procedure must identify and aid all dissolution, legal separation, nullity, and parentage cases to progress through the court process toward disposition effectively in a timely manner. The court may identify other family law case types to include in the family centered example resolution process.

(2)  For cases filed on or after January 1, 2013, the court must include as part of the family centered case resolution procedure a review of all dissolution, legal separation, nullity, and parentage cases inside at to the lowest degree 180 days from the date of the initial filing and at a minimum, at least every 180 days thereafter until disposition in guild to make up one's mind the most appropriate side by side steps to help ensure an effective, fair, and timely resolution. Unless the court determines that procedural milestones are being met, the review must include at least one of the following: (1) a status conference or (2) a family centered case resolution conference. Nothing in this section prohibits courts from setting more than frequent review dates.

(iii)  If, after eighteen months from the date the petition was filed, both parties have failed to participate in the case resolution process equally determined by the court, the courtroom'southward obligation for further review of the case is relieved until the case qualifies for dismissal under Code of Ceremonious Procedure section 583.210 or 583.310, or until the parties reactivate participation in the case, and the case is not counted toward the goals for disposition set out in (c)(5).

(iv)  In deciding whether a case is progressing in an effective and timely manner, the court should consider procedural milestones including the post-obit:

(A)  A proof of service of summons and petition should be filed within 60 days of instance initiation;

(B)  If no response has been filed, and the parties have not agreed on an extension of time to respond, a asking to enter default should be submitted inside 60 days afterward the engagement the response was due;

(C)  The petitioner's preliminary declaration of disclosure should be served within 60 days of the filing of the petition;

(D)  When a default has been entered, a judgment should exist submitted within 60 days of the entry of default;

(E)  Whether a trial engagement has been requested or scheduled; and

(F)  When the parties have notified the court that they are actively negotiating or mediating their example, a written agreement for judgment is submitted within vi months of the date the petition was filed, or a request for trial date is submitted.

(5)  For dissolution, legal separation, and nullity cases initially filed on or later on January one, 2014, the goals of any family unit centered case resolution process should exist to finalize dispositions as follows:

(A)  At least xx percent are disposed inside half-dozen months from the appointment the petition was filed;

(B)  At least 75 percent are tending within 12 months from the appointment the petition was filed; and

(C)  At to the lowest degree xc per centum are disposed within 18 months from the date the petition was filed.

(6)  The court may select various procedural milestones at which to assist cases in moving toward disposition in an effective and timely manner. Types of aid that can exist provided include the following:

(A)  Notifying the parties and attorneys by mail, telephone, eastward-mail, or other electronic method of advice of the electric current condition of the case and the next procedural steps required to attain disposition;

(B)  Implementing a schedule of status conferences for cases to identify the status of the example and determine the next steps required to progress toward disposition;

(C)  Providing assistance to the parties at the time scheduled for hearings on requests for orders to identify the status of the case and determine the side by side steps required to achieve disposition;

(D)  Providing financial and property settlement opportunities to the parties and their attorneys with judicial officers or qualified attorney settlement officers;

(E)  Scheduling a family centered instance resolution conference to develop and implement a family centered example resolution plan under Family unit Lawmaking section 2451.

(7)  In deciding that a case requires a family centered case resolution conference, the court should consider, in add-on to procedural milestones, factors including the following:

(A)  Difficulty in locating and serving the respondent;

(B)  Complexity of bug;

(C)  Nature and extent of anticipated discovery;

(D)  Number and locations of percipient and expert witnesses;

(Due east)  Estimated length of trial;

(F)  Statutory priority for issues such as custody and visitation of minor children;

(G)  Extent of holding and support issues in controversy;

(H)  Existence of issues of domestic violence, child abuse, or substance abuse;

(I)  Pendency of other actions or proceedings that may impact the example; and

(J)  Any other factor that would affect the time for disposition.

(d) Family unit centered case resolution conferences

(1)  The courtroom may hold an initial family centered case resolution conference to develop a specific case resolution plan. The briefing is not intended to be an evidentiary hearing.

(2)  Family centered case resolution conferences must exist heard by a judicial officer. On the court's initiative or at the request of the parties, to enhance access to the courtroom, the conference may be held in person, by phone, by videoconferencing, or by other appropriate ways of advice.

(3)  At the conference, counsel for each party and each self-represented litigant must exist familiar with the case and must exist prepared to discuss the party'southward positions on the issues.

(4)  With the exception of mandatory kid custody arbitration and mandatory settlement conferences, before alternative dispute resolution (ADR) is included in a family unit centered case resolution program under Family Code section 2451(a)(2), the court must inform the parties that their participation in any court recommended ADR services is voluntary and that ADR services tin can be part of a plan only if both parties voluntarily opt to use these services. Additionally, the court must:

(A)  Inform the parties that ADR may not be appropriate in cases involving domestic violence and provide information almost separate sessions; and

(B)  Ensure that all courtroom-connected providers of ADR services that are part of a family centered case resolution plan take been trained in assessing and handling cases that may involve domestic violence.

(v)  Nothing in this rule prohibits an employee of the court from reviewing the file and notifying the parties of any deficiencies in their paperwork before the parties appear in front of a judicial officer at a family centered example resolution briefing. This type of assistance tin occur by telephone, in person, in writing, or by other means approved past the court, on or before each scheduled family unit centered example resolution conference. However, this type of procedural assistance is not intended to replace family centered instance resolution programme management or to create a bulwark to litigants' access to a judicial officer.

(Subd (d) amended constructive January 1, 2016.)

(east) Family centered instance resolution programme lodge

(1)  Family centered case resolution plans as ordered by the courtroom must comply with Family Code sections 2450(b) and 2451.

(two)  The family centered instance resolution program guild should gear up a schedule for subsequent family centered case resolution conferences and otherwise provide for management of the case.

(f) Family centered case resolution order without appearance

If the court determines that appearances at a family centered case resolution conference are not necessary, the court may notify the parties and, if stipulated, issue a family unit centered case resolution order without an appearance at a conference.

(1000) Family centered case resolution data

(ane)  Upon the filing of first papers in dissolution, legal separation, nullity, or parentage actions the court must provide the filing party with the following:

(A)  Written information summarizing the process of a case through disposition;

(B)  A list of local resources that offer procedural assistance, legal advice or information, settlement opportunities, and domestic violence services;

(C)  Instructions for keeping the court informed of the person's electric current address and phone number, and email address;

(D)  Information for self-represented parties about the opportunity to meet with court self-help center staff or a family law facilitator; and

(E)  Information for litigants on how to request a status conference, or a family centered example resolution conference before than or in improver to, any condition conference or family centered case resolution conferences scheduled by the courtroom.

Dominion 5.83 amended effective Jan i, 2016; adopted effective January 1, 2012.

Title 5, Family unit and Juvenile Rules-Division 1, Family Rules-Chapter half dozen, Request for Court Orders; adopted January 1, 2013.

Title 5, Family unit and Juvenile Rules-Division one, Family Rules-Chapter half-dozen, Request for Court Orders-Article 1, General Provisions; adopted Jan 1, 2013.

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