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2022 California Rules of Court

Rule 5.83. Family unit centered case resolution

(a) Purpose

This rule establishes processes and procedures for courts to manage cases from initial filing to final disposition in an effective and timely manner. It is intended to accelerate the goals of Family Code section 2450(a) and Standards of Judicial Administration, standard 5.30.

(b) Definitions

(1)  "Family unit centered case resolution process" refers to the procedure 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 fashion.

(2)  "Disposition" refers to final judgment, dismissal, change of venue, or consolidation of the example into a pb case. Courts may proceed a instance in, or return a case to, the family centered case resolution process after disposition.

(3)  "Condition briefing" refers to court events scheduled with the parties and attorneys for the purpose of identifying the electric current status of the case and determining the next steps required to achieve disposition.

(four)  "Family centered example resolution conference" refers to a conference scheduled with parties, attorneys, and a judicial officer to develop and implement a family unit centered instance resolution plan under Family Code section 2451.

(c) Family centered example resolution procedure

(1)  Get-go January i, 2012, courts must develop a family unit centered example resolution process which must exist fully implemented by Jan 1, 2013. The family centered case resolution process must identify and assist all dissolution, legal separation, nullity, and parentage cases to progress through the courtroom process toward disposition effectively in a timely manner. The court may identify other family unit law example types to include in the family centered example resolution process.

(2)  For cases filed on or after January i, 2013, the court must include equally office of the family centered example resolution process a review of all dissolution, legal separation, nullity, and parentage cases inside at least 180 days from the date of the initial filing and at a minimum, at to the lowest degree every 180 days thereafter until disposition in gild to decide the most appropriate adjacent steps to assistance ensure an constructive, fair, and timely resolution. Unless the court determines that procedural milestones are being met, the review must include at to the lowest degree ane of the following: (one) a status conference or (2) a family unit centered example resolution conference. Nothing in this section prohibits courts from setting more frequent review dates.

(3)  If, subsequently 18 months from the date the petition was filed, both parties have failed to participate in the example resolution process equally determined by the court, the courtroom's obligation for further review of the case is relieved until the case qualifies for dismissal under Lawmaking of Ceremonious Process section 583.210 or 583.310, or until the parties reactivate participation in the case, and the example is non counted toward the goals for disposition gear up out in (c)(5).

(4)  In deciding whether a example is progressing in an effective and timely manner, the courtroom should consider procedural milestones including the following:

(A)  A proof of service of summons and petition should exist filed inside 60 days of case initiation;

(B)  If no response has been filed, and the parties have non agreed on an extension of time to answer, a request to enter default should be submitted within lx days after the date the response was due;

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

(D)  When a default has been entered, a judgment should be 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 case, a written agreement for judgment is submitted within six months of the date the petition was filed, or a request for trial appointment is submitted.

(five)  For dissolution, legal separation, and nullity cases initially filed on or after January 1, 2014, the goals of any family centered case resolution procedure should be to finalize dispositions equally follows:

(A)  At least 20 percent are disposed within six months from the date the petition was filed;

(B)  At to the lowest degree 75 percent are disposed within 12 months from the date the petition was filed; and

(C)  At least 90 percent are disposed within 18 months from the date the petition was filed.

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

(A)  Notifying the parties and attorneys by mail service, telephone, e-postal service, or other electronic method of advice of the current status of the case and the adjacent procedural steps required to reach disposition;

(B)  Implementing a schedule of status conferences for cases to place the status of the case and make up one's mind the next steps required to progress toward disposition;

(C)  Providing assistance to the parties at the fourth dimension scheduled for hearings on requests for orders to identify the status of the case and make up one's mind the next steps required to reach disposition;

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

(Due east)  Scheduling a family centered case resolution conference to develop and implement a family centered case resolution plan nether Family Code section 2451.

(7)  In deciding that a case requires a family centered instance 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 issues;

(C)  Nature and extent of predictable discovery;

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

(Eastward)  Estimated length of trial;

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

(Chiliad)  Extent of property and support issues in controversy;

(H)  Being of issues of domestic violence, child corruption, or substance corruption;

(I)  Pendency of other deportment or proceedings that may touch on the case; and

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

(d) Family centered example resolution conferences

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

(2)  Family centered case resolution conferences must be heard by a judicial officeholder. On the courtroom'southward initiative or at the asking of the parties, to enhance admission to the court, the conference may be held in person, by telephone, by videoconferencing, or by other appropriate means of advice.

(three)  At the conference, counsel for each party and each cocky-represented litigant must be familiar with the case and must be prepared to discuss the party's positions on the issues.

(iv)  With the exception of mandatory child custody mediation and mandatory settlement conferences, earlier alternative dispute resolution (ADR) is included in a family centered instance resolution plan under Family unit 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 can be part of a plan only if both parties voluntarily opt to use these services. Additionally, the courtroom must:

(A)  Inform the parties that ADR may not exist appropriate in cases involving domestic violence and provide data about split up sessions; and

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

(5)  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 officeholder at a family centered case resolution briefing. This type of assistance tin can occur past phone, in person, in writing, or by other ways canonical by the court, on or before each scheduled family unit centered case resolution conference. Nevertheless, this type of procedural assistance is non intended to replace family unit centered case resolution programme management or to create a barrier to litigants' access to a judicial officeholder.

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

(e) Family centered case resolution program lodge

(1)  Family centered instance resolution plans as ordered past the court must comply with Family Lawmaking sections 2450(b) and 2451.

(ii)  The family centered case resolution plan gild should set a schedule for subsequent family unit centered example resolution conferences and otherwise provide for management of the case.

(f) Family centered example resolution gild 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 centered instance resolution social club without an appearance at a briefing.

(g) Family centered case resolution information

(1)  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 procedure of a case through disposition;

(B)  A listing of local resource 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 current address and phone number, and e-mail address;

(D)  Information for self-represented parties nigh the opportunity to see with courtroom self-help center staff or a family police force facilitator; and

(Eastward)  Information for litigants on how to request a status briefing, or a family centered example resolution conference before than or in addition to, whatever condition conference or family unit centered instance resolution conferences scheduled by the court.

Rule 5.83 amended effective January 1, 2016; adopted effective January 1, 2012.

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

Championship 5, Family and Juvenile Rules-Sectionalization 1, Family unit Rules-Chapter 6, Request for Court Orders-Article i, Full general Provisions; adopted Jan ane, 2013.

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