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 advance the goals of Family Code section a and Standards of Judicial Administration, standard 5. Courts may continue a case in, or return a case to, the family centered case resolution process after disposition.
The family centered case resolution process must identify and assist 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 case resolution process. 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 frequent review dates. A A proof of service of summons and petition should be filed within 60 days of case initiation.
B If no response has been filed, and the parties have not agreed on an extension of time to respond, a request to enter default should be submitted within 60 days after the date 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 be submitted within 60 days of the entry of default.
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 date is submitted. A At least 20 percent are disposed within 6 months from the date the petition was filed.
B At least 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.
Types of assistance that can be provided include the following:. A Notifying the parties and attorneys by mail, telephone, e-mail, or other electronic method of communication of the current status of the case and the next procedural steps required to reach disposition.
B Implementing a schedule of status conferences for cases to identify the status of the case 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 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. E Scheduling a family centered case resolution conference to develop and implement a family centered case resolution plan under Family Code section F Statutory priority for issues such as custody and visitation of minor children.
H Existence of issues of domestic violence, child abuse, or substance abuse.
I Pendency of other actions or proceedings that may affect the case; and. The conference is not intended to be an evidentiary hearing. On the court's initiative or at the request of the parties, to enhance access to the court, the conference may be held in person, by telephone, by videoconferencing, or by other appropriate means of communication.
Additionally, the court must:. A Inform the parties that ADR may not be appropriate in cases involving domestic violence and provide information about separate sessions; and.
B Ensure that all court-connected providers of ADR services that are part of a family centered case resolution plan have been trained in assessing and handling cases that may involve domestic violence. This type of assistance can occur by telephone, in person, in writing, or by other means approved by the court, on or before each scheduled family centered case resolution conference.
However, this type of procedural assistance is not intended to replace family centered case resolution plan management or to create a barrier to litigants' access to a judicial officer.
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 case resolution order without an appearance at a conference. 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 current address and phoneand e-mail 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 case resolution conference earlier than or in addition to, any status conference or family centered case resolution conferences scheduled by the court.