Orange — Division 7 - Family Law

Source: https://www.occourts.org/system/files/local-rules/div7.pdf

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

DIVISION 7

FAMILY LAW

Rule Effective

700. Subject Matter of the Family Law Court 01/01/2025 700.5 Attorneys and Self Represented Parties 07/01/2011 700.6 Family Law Filings [VACATED] 07/01/2018 700.7 Electronic Filing in Family Law Cases 01/01/2025
701. Assignment of Family Law Cases 01/01/2025 701.1 Family Centered Case Resolution 01/01/2016 701.5 Related Cases 01/01/2025 701.6 Privately Compensated Temporary Judge 01/01/2025
702. Financial Issues 01/01/2025
703. Child Custody – Mediation, Child Custody Investigations (CCI), 01/01/2025 Private Child Custody Evaluations (Evidence Code § 730) 703.2 Renumbered as Rule 703 (E) 01/01/2025 703.3 Supervised Visitation Providers 01/01/2025
704. Ex Parte Matters 01/01/2025
705. Requests for Order 01/01/2025
706. Law and Motion Matters [Repealed] 01/01/2013
707. Mandatory Settlement Conferences and Voluntary Settlement 01/01/2025 Conferences
708. Uncontested Trials, Default Prove-Up Hearings & Uncontested 07/01/2016
709. Contested Trials and Hearings 01/01/2025
710. Contested Judgment Procedures 07/01/2025 710.1 Default Judgment Procedures 07/01/2025 710.2 Uncontested Judgment Procedures 07/01/2025 01/01/2025 711. Summary Dissolution 01/01/2025 712. Court Appointed Counsel for Minor Children (Minor’s Counsel) 01/01/2025 713. Qualified Domestic Relations Order (QDRO) or Other Retirement Plan 01/01/2025 714. Electronic Evidence for Trials and Specifically Set Hearings 07/01/2011 715. Renumbered as Rule 703(C) 07/01/2011 716. Renumbered as Rule 703.2 07/01/2011 717. Renumbered as Rule 703(F) 01/01/2022 718. Petition for Freedom from Parental Custody and Control 01/01/2025 719. Remote and In-Person Proceedings for Family Law
711. Filing & Establishment of Parent-Child Relationship Pursuant to a 01/01/2025 Gestational Surrogacy (Fam. Code, §§7620 and 7960, et seq.) 01/01/2023 721. Appointment of Elisor (issued 07/01/25) 7-1

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Appendix

A. Repealed 07/01/2011 B. Repealed 07/01/2011 C. Repealed 07/01/2011

(issued 07/01/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 700 Subject Matter of the Family Law Court

All motions, requests for orders, ex parte applications, and orders to show cause, and all trials in the following proceedings must be filed in the Family Law Court:

A. Dissolution of marriage or domestic partnership;

B. Legal separation or legal separation of a domestic partnership;

C. Nullity of marriage or domestic partnership and determination of the rights of putative spouses pursuant to Chapter 3 of Part 2 of Division 6 of the Family Code;

D. Proceedings to establish parentage pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Family Code sections 3400 et seq.);

E. Proceedings for all parentage cases including establishing parental relationships pursuant to Parts 1, 2, and 3 (excluding Chapter 5) of Division 12 of the Family Code (Parent and Child Relationship);

F. Proceedings pursuant to the Domestic Violence Prevention Act (Family Code sections 6200 et seq.);

G. Proceedings to enforce or modify out-of-state court orders pursuant to the Uniform Interstate Family Support Act (Family Code sections 5700.101 et seq.);

H. Proceedings for child support pursuant to Part 2 of Division 9 of the Family Code sections 3500 et seq. and proceedings where the Department of Child Support Services is providing services pursuant to Family Code sections 17000 et seq.;

I. Proceedings for termination of parental rights, surrogacies and adoptions pursuant to Family Code sections 7660 et seq.; 7800 et seq.; 8600 et seq.;

J. Proceedings for visitation rights of non-parents; and

K. Proceedings for surrogacies pursuant to Family Code 7960 et seq.

Rule 700 Amended effective January 1, 2025; (Adopted eff. January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2002; revised eff. August 1, 2004; revised eff. January 1, 2007; revised eff. July 1, 2011; revised effective January 1, 2013; revised eff. July 1, 2014.)

(issued 7/1/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 700.5 Attorneys and Self Represented Parties

Attorneys and self represented parties must comply with all applicable statutes in addition

to Local Rules and the California Rules of Court. All references to party or parties in these rules apply equally to self represented person and persons represented by an attorney of record.

(Adopted effective January 1, 2007; revised effective July 1, 2011)

Rule 700.6 Family Law Filings [VACATED]

(Vacated effective July 1, 2018. Adopted effective January 1, 2012)

Rule 700.7 Electronic Filing in Family Law Cases

A. Mandatory Electronic Filing. Pursuant to Code of Civil Procedure section 1010.6, or provided by this rule, a represented party in all family law actions must file documents electronically unless the Court excuses parties from doing so.

B. Electronic Filing Service Providers. Documents filed electronically must be filed using the court’s electronic filing service providers. Electronic filing service provider information is available on the court’s website under “Online Services.”

C. Timing of Electronically Filed Documents:

1. Electronically filed documents filed prior to midnight on a court day will be deemed filed as of that day pursuant to Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.253(b)(7). For purposes of this rule, filing occurs at the time the document is received by the Court and a confirmation of receipt is created (see Cal. Rules of Court, rule 2.259(a)(1) and (c)).

2. Any electronically filed document received by the Court at midnight, or filed on a non- court day, will be deemed filed on the first court day after it is received.

3. This provision concerns only the method and effective date of filing; any document that is electronically filed must satisfy all other legal filing deadlines and requirements. This rule does not affect the timing requirements for any documents that must be filed by a set time on the due date.

D. Self-Represented Litigants Exempt from Mandatory Electronic Filing:

1. Although not required, self-represented parties are encouraged to participate in electronic filing.

2. If a party with a fee waiver files documents electronically, that party is exempt from the

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

fees and costs associated with electronic filing.

This Rule is subject to the provisions set forth in Code of Civil Procedure section 1010.6 and California Rules of Court 2.250 and 2.259.

Rule 700.7 Amended January 1, 2025; (Adopted effective January 1, 2018.)

Rule 701. Assignment of Family Law Cases

A. All Family Law cases heard by the Family Law Panel will be assigned to a Family Law Panel judge or commissioner for all purposes.

1. Exceptions to an assignment for all purposes are:

   a) Adoptions,

   b) Cases scheduled for Default Prove Up hearing,

   c) Cases initiated by, or enforced through, the Department of Child Support Services,

   d) Dismissals,

   e) Gender/Name Change,

   f) Hague Petitions,

   g) Proceedings for Freedom from Parental Custody and Control,

   h) Self-Represented Party (SRP) calendared cases,

   i) Special Immigrant Juvenile Findings, and

   j) Surrogacies

B. Unless otherwise noted, the assigned judicial officer will handle all proceedings in the case, including but not limited to requests for orders (RFO), orders to show cause (OSC), law and motion matters, all conferences, hearings, and post-trial matters.

C. After assignment to one judicial officer for all purposes, all pleadings must have clearly typed on the face page of each pleading, directly under the case number, the following:

1. Department (insert number)
2. Judicial Officer (insert name)

D. When the assignment is to a commissioner for all purposes, the parties may accept the assignment by filing a Stipulation for Court Commissioner to Act as Temporary Judge for All Purposes (Local Form L-200) in the assigned department. If either party declines, the case will be assigned to another judicial officer.

(issued 7/1/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE Rule 701 Amended effective January 1, 2025; Adopted effective July 1, 1984; revised effective January 1, 1987; revised effective July 1, 1994; revised effective October 1, 1996; revised effective January 1, 2002; revised effective August 1, 2004; revised effective January 1, 2007; revised effective July 1, 2011; revised effective July 1, 2014; revised effective January 1, 2020; revised effective January 1, 2022.

Rule 701.1 Family Centered Case Resolution Process

A. The goal of the Family Centered Case Resolution process is to finalize dispositions as set forth in California Rules of Court, rule 5.83.

B. Processes and procedures to manage cases from initial filing to disposition shall be established in accordance with California Rules of Court, rule 5.83, Family Code section 2450(a) and Standards of Judicial Administration, standard 5.30. In addition to maintaining processes and procedures in the normal course of business, Family Centered Case Resolution processes will be posted on the Court public website.

C. Cases involving self-represented litigants will be referred to the Self-Help Center to assist in complying with the Family Centered Case Resolution process. Written material as required by California Rules of Court, rule 5.83(g) will be provided by the Clerk upon filing of first papers in actions under the Family Code.

Rule 701.1 revised effective January 1, 2016; adopted effective January 1, 2013; amended effective July 1, 2014.

Rule 701.5 Related Cases

A. The parties must disclose the existence of any related cases. A related case for purposes of
Division 7 of these rules is an Orange County court case or a court case in another county
involving either of the parties or the minor children of the parties. Examples of a related
case include a family law case, a guardianship case, a domestic violence case, a child
support collection case, a criminal case, and/or a juvenile case involving a minor child of
one or both of the parties. This information shall be provided to the court by filing a
Confidential – Party Identification and Notice of Related Case(s) (Local Form L-1120). The
court must maintain the form as Confidential and shall require a court order to release said
information at any time to any party.

B. A completed Confidential – Party Identification and Notice of Related Case(s) (Local Form
L-1120) must accompany every Family Law case-initiating pleading and any ex parte
application. This document is to be filed with the court. It is not to be served on any party.

C. After filing of the initial Confidential - Party Identification and Notice of Related Case(s),
when either party becomes aware of an additional or previously unidentified related case(s)
and/or personal identification information, that party must file an updated Confidential -
Party Identification and Notice of Related Case(s) (Local Form L-1120)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE with that information.

Rule 701.5 Amended effective January 1, 2025; (Adopted effective January 1, 2007; revised effective July 1, 2011; revised effective July 1, 2021.)

Rule 701.6 Privately Compensated Temporary Judge

A. A stipulation for the appointment of a Privately Compensated Temporary Judge (PCTJ) pursuant to California Rules of Court, rules 2.830 et. seq., must state with specificity the scope of the PCTJ appointment and must be directed to the Supervising Judge of the Family Law division.

B. A motion to withdraw the stipulation for the appointment of a PCTJ must be supported by a declaration of facts establishing good cause for withdrawing the stipulation and must be heard by the Supervising Judge of the Family Law division.

C. Absent a court order withdrawing the appointment, the case will remain with the PCTJ until a Notice of Case Completion is filed by the PCTJ, served on all parties, and accepted by the Supervising Judge of the Family Law division.

D. Orders and judgments presented to the court for filing subsequent to a hearing before a PCTJ must have the signature of the PCTJ and must state the name of the PCTJ and the address where the hearing took place on the face page of the document.

E. At the conclusion of the matters before the PCTJ, the PCTJ must send a Notice of Completion to the court and serve the notice on the parties. The court will not schedule any hearings while a matter is before PCTJ, with the exception of matters that the court is required by statute to hear.

F. A PCTJ is not authorized to hear or adjudicate Domestic Violence Requests for Restraining Orders (DVRO). DVRO requests must be filed with the Superior Court.

Rule 701.6 Amended January 1, 2025; (Adopted effective July 1, 2011.)

Rule 702. Financial Issues

A. Income and Expense Declaration

Any party seeking an order or Judgment in a Family Law case involving financial
issues, including, but not limited to, child support, spousal support, payment of debts
and attorney fees, must:

1. Complete a current and accurate Income and Expense Declaration in the form
prescribed by the California Rules of Court (Form FL-150). All blanks on the
form must be answered for the form to be considered “complete.”

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE Notations such as “unk.” for unknown, “est.” for estimated, “N/A” for not applicable, “None” shall be used to avoid leaving any item blank. An Income and Expense Declaration (Form FL-150) is “current” within the meaning of this Rule if it was completed and filed within three months of the hearing, as long as none of the information has changed;

2. File and serve with the moving papers or responding papers (as applicable);
and

3. Bring a current and accurate Income and Expense Declaration in the form
prescribed by the California Rules of Court (Form FL -150) to the hearing.

If any party fails to comply with this rule, the court may take any action it deems
appropriate, including, but not limited to, ordering the matter off calendar or
continuing it under appropriate conditions.

B. Documentation

In any trial or hearing involving financial issues, each party must bring, if applicable,
three (3) copies of the following documents to the hearing:

1. If the party is represented by an attorney, a computer software (e.g.,
DissoMaster™, XSpouse™ or similar program) generated printout of the
support proposal. No such computer printout is needed when permanent
spousal support is the only thing sought;

2. The three most recent pay records showing year -to -date wages, salaries,
overtime, commissions, bonuses, and withholdings;

3. Records showing rents, trust income, workers’ compensation benefits,
unemployment insurance benefits, disability benefits, social security benefits;

4. The most recent W-2, 1099, and K-1 forms;

5. A copy of the most recent filed state and federal income tax returns with
schedules and attachments; and

6. If self -employed, a profit and loss statement and balance sheet for the
immediately preceding twelve-month period.

C. Disclosure

In any case in which the Petition and Summons are served by publication or posting,
and disclosure of assets and liabilities is required pursuant to Family Code sections
2100 et seq., the preliminary Declaration of Disclosure may be served upon the clerk
of the court. Documents served on the clerk, including all attachments, will be

filed with the court.

(issued 7/1/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

D. Cash Aid/Temporary Aid to Needy Families (TANF)

1. At the time of any hearing in which the issue of support of a child is at issue, a
party who is receiving or has applied for public assistance must affirmatively
disclose this to the court.

2. At the time of any hearing in which the issue of support of a child is at issue, a
party who is receiving or has requested the services of Orange County
Department of Child Support Services must affirmatively disclose this fact to
the court and provide proof that the Orange County Department of Child
Support Services was given written notice of the date, the time, and place of
hearing at least 15 calendar days before the hearing, or proof that the Orange
County Department of Child Support Services has not objected.

E. Temporary Spousal Support

In setting temporary spousal support, the court will be guided by appropriate statutes,
case law and may consider the statewide court-approved guidelines.

Rule 702 Amended effective January 1, 2025; (Adopted effective July 1, 1984; revised effective January 1, 1987; revised effective July 1, 1994; revised effective January 1, 2007; revised effective July 1, 2011; revised effective July 1, 2013; revised effective July 1, 2018; revised effective January 1, 2024.)

Rule 703. Child Custody – Mediation, Child Custody Investigations (CCI), Private Child Custody Evaluations (Evidence Code § 730)

A. Good Faith Effort

The parties must make a good faith effort to arrive at an agreement regarding child
custody and/or parenting time before any court hearing. Any party or attorney who
fails to participate in good faith mediation may be subject to sanctions after notice
and hearing. This requirement does not apply to any matter where there is a pending
request for a Domestic Violence Restraining Order or one in which a Domestic
Violence Restraining Order has been issued.

B. Mandatory Mediation

Parties must attend mediation prior to the first court hearing regarding custody and
parenting time pursuant to Family Code section 3170(a).

1. Mediators are employees of the Orange County Superior Court assigned to the
Family Court Services Department.

2. A $100.00 sanction may be imposed by the court for failure to attend mediation or

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE for failure to cancel an appointment in a timely manner.

3. Mediation dates are set by the clerk at the time of filing a motion and may be set
by the court at any time.

4. Mediations are confidential. Communication from the parties to the mediator are
deemed official information within the meaning of Evidence Code section 1040.

5. The mediator may exclude attorneys from the mediation session.

6. Ex parte communication by any counsel and the mediator is prohibited absent a
stipulation pursuant to Family Code section 3151(c)(5).

7. If an agreement is not reached in mediation, the mediator may advise the Court
what may be helpful in resolving this matter.

8. Mediators will not testify.

9. Agreements made in mediation are not confidential and must be filed with the
Court.

10. Agreements are subject to court approval.

11. Complaints regarding a mediator may be made to the Manager of Family Court
Services. The manager who reviews the complaint may provide a written response
to the complainant within thirty days of its receipt.

C. Child Custody Investigations (CCI)

Child Custody Investigations pursuant to Family Code section 3110 require a court order
upon judicial approval.

1. Child custody investigations are conducted by court investigators employed by the
Orange County Superior Court assigned to the Family Court Services Department.

2. Confidential Reports – All CCI reports are confidential pursuant to Family Code
section 3111.

a. The confidential CCI report may not be released except to a party, a party’s
attorney, the attorney for the minor child or any other person upon order of the
court for good cause.

b. The report may not be copied, disseminated or disclosed to any third party
without prior court order.

3. Fees for Child Custody Investigations - The court shall assess a fee in accordance with
Family Law section 3112.

a. The Court shall inquire into the financial condition of the parent, guardian or

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE other person charged with support of the minor.

b. If the Court finds a parent, guardian, or person charged with the support of the minor able to pay, the Court may order repayment in an amount the Court determines proper.

D. Child Custody Evaluations (private) pursuant to Evidence Code section 730

1. Orders – All Evidence Code section 730 Evaluations require judicial approval and a court order.

2. Evaluators – Evaluators are mental health professionals and must meet the minimum state requirement pursuant to Family Code section 1815.

3. Stipulations – A stipulation to appoint an evaluator pursuant to Evidence Code section 730 must include a declaration that the evaluator meets the requirements of Family Code section 1815.

4. Ex Parte Communication – Attorney and parties are prohibited, absent a stipulation, from having ex parte communication with the evaluator.

   a. Documents must be provided to all parties and counsel prior to disclosing to the evaluator.

5. List of Providers – The Court will maintain a list of qualified private evaluators who have completed and signed a Declaration of Private Child Custody Evaluator Regarding Qualifications (Form FL-326.) a. Provider list is accessible on the court’s public website at www.occourts.org.

   b. Private evaluators must submit a Declaration of Private Child Custody Evaluator Regarding Qualifications (Form FL-326), verifying completion of all updated training as required by rules 5.225 and 5.230 of the California Rules of Court by

March 1st of each year.

E. Complaints, Withdrawals, and Challenges to Child Custody Investigations with Family Court Services (CCI) and Child Custody Evaluations (Evidence Code section 730.)

1. Peremptory challenge of investigator - The parties and the minor’s counsel are each permitted one peremptory challenge to a private Child Custody Evaluator appointed by the Court. Unless waived, a peremptory challenge must be made within five court days of notice of the appointment.

2. Complaints – Once a Child Custody Investigation (CCI) or a Private Child Custody Evaluation (Evidence Code section 730) has begun, any objection or challenge of the investigator or process may be asserted by request for order filed in the family law proceeding.

3. Withdrawal by a Private Evaluator (Evidence Code section 730) – A private evaluator

(issued 7/1/25) 7-11

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE may request to withdraw from a case by giving written notice to all parties and the assigned court. Any objection, challenge or stipulation to removal may be asserted by the parties or attorneys by a request for order in the family law proceeding.

Rule 703 Amended effective January 1, 2025; (Adopted effective January 1, 1987; previously amended effective January 1, 1988, August 1, 1989, July 1, 1994, July 1, 1996, October 1, 1996, January 1, 1998, January 1, 2005, July 1, 2011, and January 1, 2013.)

Rule 703.2 adopted effective July 1, 2011; revised and renumbered as Rule 703(E) effective January 1, 2025.

Rule 715 adopted effective January 1, 2005; revised and renumbered as Rule 703(C) effective July 1, 2011.

Rule 717 adopted effective January 1, 2005; revised and renumbered as Rule 703(F) effective July 1, 2011

Rule 703.2 Renumbered effective January 1, 2025

Rule 703.2 revised and renumbered as Rule 703(E)

Rule 703.3 Supervised Visitation Providers

A. Supervised visitation providers can be professional or non-professional.

B. Non-professional providers are required to file with the court the Declaration of Supervised Visitation Provider (Nonprofessional) (Form FL- 324(NP)) prior to serving as a visitation supervisor.

C. A list of professional visitation providers is available through the Orange County Superior Court website. The individuals on the list have identified themselves as professional supervised visitation providers and have submitted a Declaration of Supervised Visitation Provider (Professional) (Form FL-324(P)).

D. The professional supervised visitation providers are not affiliated with the court and each visitation provider is independently responsible for compliance with any and all applicable legal requirements. The court does not endorse, evaluate, supervise, or otherwise monitor the visitation providers.

E. In the event a provider becomes ineligible to provide services for any reason, the provider must immediately contact all parties, their attorneys, and the child’s attorney, and must state, in writing, the reasons the provider is no longer eligible. Within five days of receipt of the provider’s written notice of ineligibility, the parties must file with the court a declaration containing all pertinent information related to the provider’s ineligibility.

Rule 703.3 Amended effective January 1, 2025; (Adopted effective January 1, 2022.)

(issued 7/1/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 704. Ex Parte Matters

A. Ex Parte Emergency Applications and Orders

1. All applications for ex parte emergency orders must be submitted via a Request for Order (Form FL-300) and must include all of the information and documentation required by California Rules of Court, rule 5.151. All ex parte applications will be considered based on the documents submitted without a hearing, absent exceptional circumstances.

2. Pursuant to Local Rule 700.7, all ex parte requests by attorneys must be submitted through e- filing with any filing fees due with the application. Self-represented litigants may submit ex parte requests in the Family Law Clerk’s Office at the Lamoreaux Justice Center or through e- filing.

3. Notice of the ex parte application including a copy of the moving papers and proposed orders must be given to the opposing attorney or self-represented party before 10:00 a.m. on the court day before the matter is to be considered by the Court in the manner prescribed by Code of Civil Procedure sections 1010 through 1013. Notice must be given in accordance with California Rule of Court, rule 5.165. The moving party must submit a signed Declaration Re: Notice of Ex Parte Application (Local Form L-1124) to establish that the moving party gave notice of the ex parte application to the opposing attorney or self-represented litigant before submitting the application.

4. The notice requirement may be excused based on exceptional circumstances pursuant to California Rules of Court, rule 3.1204.

5. Ex parte applications (other than Domestic Violence Restraining Orders) that are filed by 10:00 a.m. on a court day will be reviewed by the Court on the same day provided the moving party complied with the notice requirements. If the requesting party gives notice of the application after 10:00 a.m. on the court day before the court matter is to be considered, then the application will not be reviewed by the Court until after 9:00 a.m. on the following court day. Ex partes that are filed after 10:00 a.m. will be reviewed by the Court the next court day.

6. The opposing party may serve on the moving party and file with the court a written response to the ex parte application within 24 hours of service of the application.

B. Special Procedures for Domestic Violence Restraining Order Requests (DVRO)

1. Any restraining orders under the Domestic Violence Prevention Act must be submitted to the Court on the Judicial Council approved forms.

2. Notice shall be given to the opposing attorney or the self-represented party so that notice is received no later than four (4) hours before the DVRO request will be presented to the judicial officer, unless good cause is shown to excuse notice. All ex parte requests for DVROs must include a completed Declaration Re: Notice of Ex Parte Application (Local Form L-1124). A temporary restraining order issued pursuant to Section 6300(b) shall not be denied solely because the other party was not provided with notice. (issued 7/1/25) 7-13

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Domestic violence temporary restraining orders shall be ruled upon on the same day if received by 2:00 p.m. Submissions after 2:00 p.m. shall be ruled upon by or on the next court day.

Rule 704 Amended effective January 1, 2025; (Adopted effective July 1, 1984; previously revised effective January 1, 1987, July 1, 1994, October 1, 1996, January 1, 1998, January 1, 2007, July 1, 2011, January 1, 2013, July 1, 2014, January 1, 2023 and September 1, 2024.)

Rule 705. Requests for Order

A. Date, Time, and Place of Hearing

1. All requests for orders (RFO) and responsive pleadings set for hearing on the Family Law calendars must state on the face sheet the date and time of the hearing and the department or room number in which the hearing is scheduled. In addition, the form must include the issues to be determined or the response to those issues.

2. Requests for calendar priority should be made prior to the calendar call. Parties or counsel unable to appear at the calendar call must notify the opposing party at the earliest reasonable time.

3. The Court may refuse to consider declarations that exceed the maximum page limits set forth in California Rules of Court, rule 5.111 and/or filed late papers.

B. Duty to Meet and Confer

Unless the Court orders another time period, no later than five calendar days before a hearing on a RFO, or motion, the parties must meet and confer, in person or by telephone, to discuss all

pending issues and, to the extent not previously served and filed, exchange all documents and information relevant to such issues. The requirement to meet and confer does not apply to cases involving domestic violence.

C. Cases Involving Juvenile Court or Child Protective Services

In any case where either the Juvenile Court or Child Protective Services is involved, a notice to that effect must be written immediately under the box entitled “other” in the section dealing with the type of relief being sought on the RFO form. A willful failure to inform the

Court as to the involvement of either Juvenile Court or Child Protective Services will constitute grounds for sanction.

D. Failure to Serve

If service of the request for order has not been completed by the date specified by law, the matter

may go off calendar at the time of the scheduled hearing unless otherwise ordered by the Court.

E. Continuance Policy

1. The initial hearing date for a request for order hearing may be continued one time by agreement of the parties and telephonic notice to the clerk of the assigned department. Once a

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE new hearing date is received, the party contacting the clerk must give written notice of the new hearing date to the opposing party.

2. A party seeking an initial continuance without an agreement must file and serve a Request to Reschedule Hearing (FL-306) and submit an Order on Request to Reschedule Hearing (FL-309) in advance of the hearing.

3. Unless the Court affirmatively grants a request to reschedule, the parties must attend the scheduled hearing.

4. A second or subsequent continuance of the hearing date will require the attendance of the parties and a showing of good cause. In the event that the second or subsequent continuance is denied, the request for order may go off calendar if the parties do not proceed. A request for order which has been ordered off calendar may be restored to the Court’s calendar by written application and, if such application is made within ninety (90) days, the initial filing date will be deemed the filing date for purposes of determining the commencement of child and/or spousal support.

F. Duration of Support Orders

Unless otherwise specifically ordered, temporary orders for child and/or spousal support will remain in full force and effect until further order of the Court or until the order is terminated as a matter of law.

Rule 705 Amended effective July 1, 2025; (Adopted as Rule 706 effective July 1, 1984; previously revised effective July 1, 1986, January 1, 1987, July 1, 1994, July 1, 1998, and January 1, 2007; previously revised. Renumbered as Rule 705 effective July 1, 2011; revised January 1, 2013; and January 1, 2025.)

Rule 706. Law and Motion Hearings [Repealed]

Rule 706 repealed effective January 1, 2013; adopted as Rule 710 effective January 1, 1987; previously revised effective July 1, 1994, July 1, 1999, January 1, 2007; previously revised and renumbered as Rule 706 effective July 1, 2011

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 707. Mandatory Settlement Conferences and Voluntary Settlement Conferences

The following rules apply to all Mandatory Settlement Conferences (MSC) and Voluntary
Settlement Conferences (VSC) that utilize the assistance of a Temporary Judge.

A. Setting of MSC and/or VSC

An MSC may be set by the court on its own motion or upon the request of counsel and the
parties.

A VSC requires the consent of both parties and may be requested at any time.

B. Attendance and Good Faith Participation

For an MSC, parties and their attorneys must appear in person at the assigned time and
date unless otherwise ordered by the court.

For a VSC, the Temporary Judge may determine, in consultation with the parties and their
counsel (if any), whether to conduct the VSC in person or remotely. Parties and their
attorneys must attend the VSC at the scheduled date and time and must be responsive to
the Temporary Judge to facilitate scheduling.

Parties and their attorneys must make a good faith effort to eliminate the necessity of trial
or to eliminate as many of the disputes between the parties as possible at the MSC/VSC.
An attorney appearing at the MSC/VSC must be completely familiar with the case and
possess the ability to negotiate and settle the issues at the conference (with client
approval).

C. Settlement Conference Statement

1. Not later than five (5) calendar days prior to the conference, or any other date set
by the Court (in the event of an MSC) or the Temporary Judge (in the event of a
VSC), the parties must file with the court (and serve on the Temporary Judge, if
applicable) a Settlement Conference Brief (Local Form L-0966 may be used).
Each party’s Settlement Conference Brief must:

• Identify disputed issues;

• Identify the party’s position on each disputed issue as well as facts in support of
the party’s position and proposed resolution; and

• Be signed by the parties or their attorneys.

D. Disclosure of Financial Issues

If there are any financial issues unresolved at the time of the MSC/VSC, each party must
file with the court and serve upon the other party (and Temporary Judge, if applicable) a
current, complete and Local Rule 702(a) compliant Income and Expense Declaration

(issued 01/01/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

(Form FL-150). The parties also must bring to the conference the documentation required
by Local Rule 702(b). Financial issues include but are not limited to, child support,
spousal support, attorneys’ fees, and sanctions.

E. Consequences for Failure to Comply

At the discretion of the court, issues not identified by one or more of the parties as a
disputed issue in their Settlement Conference Brief and/or not fully considered in the
court of the MSC/VSC may not be considered for trial.

Failure of the parties and/or their attorneys to comply with the requirements of this rule
may result in sanctions.

F. Sanctions

Failure of the parties and their attorneys to attend a conference in person or to comply
with this local rule may result in the imposition of sanctions. Sanctions may be imposed
by the Court, with appropriate notice, without the necessity of a request by an opposing
party.

Rule 707 Amended January 1, 2025; (Adopted as Rule 705 effective January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2007; revised and renumbered as Rule 707 effective July 1, 2011.)

Rule 708. Uncontested Trials, Default Prove-Up Hearings & Uncontested Dissolution by Declaration (Family Code section 2336)

A. Documents Required

1. Prior to an uncontested or default matter being set for hearing, the following
documents must be filed:

a. An Appearance, Stipulation and Waiver form (Judicial Council form
FL-130) executed on or after the date of the filing of the Petition; or
an executed written stipulation that the matter be treated on an
uncontested basis; or a Request to Enter Default (Judicial Council
form FL-165), accompanied by the proof of service; and,

b. A Declaration Regarding Service of the Preliminary Declaration of
Disclosure and the Income and Expense Declaration (Judicial
Council form FL-141) by each appearing party.

2. Where public assistance is being received, Local Rule 702 (E) will apply.

B. Income and Expense and Property Declarations

Income and Expense Declarations (Judicial Council form FL-150) and Property

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Declarations (Judicial Council form FL-160) are required on default matters not
proceeding by declaration pursuant to Family Code section 2336 unless excused by
Family Code section 2330.5.

C. Department of Child Support Services Involvement

When a case is open in the Department of Child Support Services, the child support
portion of the proposed Judgment must be approved by the local Department of
Child Support Services.
D Expedited Judgments

Any judgment submitted under Family Code section 2336 may be expedited when
the judgment is submitted with the corresponding Locally Approved Expedited
Attachment Form(s).

E. Proposed Judgment

The moving party must provide the court clerk in the assigned department the
following original documents and the appropriate number of copies:

1. Proposed Judgment (original and at least 1 copy);

2. Marital Settlement Agreement, if any (original and at least 1 copy);

3. Notice of Entry of Judgment (3 copies of each);

4. A pre-addressed stamped mailing envelope for each party and claimant for
use in completing the notice requirements for the Notice of Entry of
Judgment.

(Revised effective July 1, 2016; adopted as Rule 708 effective July 1, 1984; revised eff. January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2007; revised effective July 1, 2011)

(issued 01/01/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 709. Contested Trials and Hearings

A. Requests for Trial

Trials must be requested by filing an At Issue Memorandum for Trial Setting (Local
Form L-0031). Petitioner and Respondent must have complied with Family Code
section 2104(a) and, prior to or concurrently with submission of the At Issue
Memorandum, must have filed a Declaration Regarding Service of Declaration of
Disclosure and Income and Expense Declaration (Form FL-141.)

If the non-submitting party has failed to file a Declaration Regarding Service of
Declaration of Disclosure and Income and Expense Declaration (Form FL-141), the
submitting party must demonstrate compliance with Family Code section 2107 by:

1. Attaching a copy of the request to comply and proof of service of that request.
Service must have taken place at least 15 calendar days prior to filing of the At
Issue Memorandum for Trial Setting (Local Form L-0031); and

2. Filing a Request for Order (Form FL-300) regarding noncompliance with
disclosure requirements prior to or concurrently with the At Issue Memorandum
for Trial Setting (Local Form L-0031).

B. Time Estimates

At the time a case is set for an evidentiary hearing or trial, the parties shall provide a
time estimate of the anticipated length of the evidentiary hearing or trial. The parties
shall be prepared to identify to the court the witnesses who will be testifying, the
content of their testimony and the estimated amount of time needed for the testimony.
The court will rely on the accuracy of the time estimate in setting cases and managing
its calendar. All parties must regard the time estimate as certain. If the case is not
completed within the time estimate, the court may make any orders permitted by law,
including but not limited to deeming the case submitted on the evidence received,
ordering the case off calendar, declaring a mistrial, curtailing further representation
of evidence, or completing the trial or hearing.

The call of the trial calendar will commence promptly on the date and time set by the trial
court in the department to which the case is assigned. The parties and their attorneys must
report ready and prepared to commence trial. Prior to the commencement of any trial or
hearing, the judicial officer may require the parties to give a reasonable and good faith
estimate of the probable length of the trial, including the presentation of all evidence and
closing arguments. Where necessitated by the court’s calendar, the assigned judicial officer
may refer cases to the Family Law Supervising Judge for assignment to other departments
for trial.

C. Motions in Limine

Unless otherwise ordered by the court, all motions in limine must be in writing and filed

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

and served at least ten (10) calendar days prior to the trial.

D. Trial Documents

Unless otherwise ordered by the court, the following must be filed and served at least ten
(10) calendar days prior to any trial:

1. A joint statement of issues to be tried, which must include a statement of issues and, if
the matter is to be heard as a result of a Request for Order (Form FL-300), then the
joint statement must indicate the date the Request for Order (Form FL-300) was filed,
who filed the Request, and the issues to be heard;

2. An exhibit list;

3. A current and complete Income and Expense Declaration (Form FL-150) with
appropriate supporting documents; and

4. A witness list which includes the names and telephone numbers of each witness along
with a detailed but concise offer of proof of that witnesses’ anticipated testimony and
the number of minutes that witness is expected to testify on direct examination.

E. Fees

Each party must pay the statutory court reporter fee for any court hearing over one
hour. It is the duty of the parties to know the amount of the fee before the day of
hearing and to pay said amount by cash, credit card or check before the end of the
court day.

Rule 709 Amended effective January 1, 2025; (Adopted as Rule 707 effective January 1, 1987;
previously revised effective July 1, 1994, and January 1, 2007; previously revised and renumbered
as Rule 709 effective July 1, 2011; revised July 1, 2013.)

Rule 710. Contested Judgment Procedures

A. In every case in which the court asks a party to prepare and file a judgment after the court issues a ruling the following procedures shall be used:

1. If the ruling was issued orally on the record, counsel for the party ordered to prepare the judgment must type,
on pleading paper, the court’s ruling stated on the record. The ruling must be prepared so that at least two
lines of text appear on the page that will have the judicial officer’s signature, and no text may appear after
the judicial officer’s signature. The ruling must be attached to Judgment form FL-180 for a judgment of
Dissolution, Legal Separation, or Nullity. Use form FL-250 for parentage judgments.

2. If the court issued and signed a written ruling or a final statement of decision, the ruling/decision may be
attached to the judgment.

(issued 01/01/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE B. The party ordered to prepare the judgment must serve the proposed judgment on opposing counsel for approval as to form and file the approved judgment with the court. If the party ordered to prepare the judgment fails to do so, or if the opposing party files objections to the proposed judgment within the time provided by CRC 3.1590(g) or (j), the opposing party’s counsel may prepare and submit a proposed judgment to the court with a proof of service on the other party.

C. At the time the court orders the judgment prepared, the court may set a hearing to confirm entry of judgment. If the judgment approved as to form is received prior to this hearing, no appearance is necessary. If no judgment is received, sanctions may be imposed.

D. Bifurcated Status Only Judgments: Parties in an action for dissolution may file a bifurcated judgment on the issue of marital status only. The box on the Judicial Council Judgment form (FL-180) must be checked which provides that jurisdiction is reserved over all other issues and all present orders remain in effect. A Preliminary Declaration of Disclosure with all required attachments must be served on the nonmoving party with the proposed judgment, unless it has been served previously and a proof of service is filed with the court.

(Adopted as Rule 712 effective July 1, 1984; revised eff. October 1, 1982; revised eff. January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2007; renumbered as Rule 710 and revised effective July 1, 2011, revised eff. July 1, 2025)

710.1 Default Judgment Procedures

A. All defaults and uncontested judgments must be submitted by affidavit/declaration pursuant to Family Code § 2336.

B. To obtain a judgment of nullity the party must file a declaration that includes detailed facts supporting the nullity request.

C. Default Judgment Without Settlement Agreement: The following procedures apply where a Response to the Petition has not been filed and respondent has been defaulted. Petitioner may request a status only judgment. A petitioner may not request orders in the judgment beyond the relief requested in the Petition.

1. The following papers must be submitted to obtain a default judgment on a Petition for Dissolution, Legal Separation, or Nullity: a. Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170); b. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration, Preliminary and/or Final (Form FL-141) if it applies. If the Declaration of Final Disclosure is waived submit the Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144); c. Original and three copies of the Judgment (Form FL-180). The court will retain original and one copy; d. Original and two copies of the Notice of Entry of Judgment (Form FL-190); e. Two self-addressed, stamped envelopes, with the court’s address as the return address; and f. If there is at least one minor child in common the following additional forms must be submitted: 1. Declaration Under UCCJEA (Form FL-105/GC-120); 2. Child Custody and Visitation Order Attachment (Form FL-341); 3. If the judgment seeks a child support order, submit petitioner’s Income and Expense Declaration (Form FL-150 or 155); 4. Child Support Information and Order Attachment (Form FL-342); and 5. Income Withholding for Support (Form FL-195).

   2. In a parentage case a party must use form FL-250 instead of FL-180. The following forms must be submitted to obtain a default judgment in a Parentage case: a. Declaration for Default or Uncontested Judgment (Form FL-230); (issued 01/01/25) 7-21

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE b. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL- 105/GC-120); c. Child Custody and Visitation Order Attachment (Form FL-341); d. If the judgment seeks a child support order, submit petitioner’s Income and Expense Declaration (Form FL-150 or 155); e. Child Support Information and Order Attachment (Form FL-342); f. Income Withholding for Support (Form FL-195); g. Original and three copies of the Judgment (Form FL-250). The court will retain original and one copy; h. Original and two copies of the Notice of Entry of Judgment (Form FL-190); and i. Two self-addressed, stamped envelopes, with the court’s address as the return address.

Attachment 19

D. If a Judgment of Dissolution or Judgment of Legal Separation requests an award of spousal support for either party, the moving party must submit petitioner’s Income and Expense Declaration (Form FL-150) including petitioner’s best estimate of respondent’s income and a Spousal or Domestic Partner Support Declaration Attachment (Form FL-157).

E. If a Judgment of Dissolution, Judgment of Legal Separation, or Judgment of Nullity requests division of assets and debts, the assets and debts to be divided must be listed in the Petition or in the Property Declaration (Form FL-160) served upon respondent. Petitioner must submit a completed Property Declaration setting forth the proposed division.

F. Default Judgment with Settlement Agreement: If a stipulated judgment is submitted in a default case, the defaulted party’s signature must be notarized. When a case is open in the Department of Child Support Services (DCSS) and the stipulation addresses child support issues, the stipulation must be approved and signed by a DCSS attorney. In a parentage case, the parties must also file the Request to Enter Default (Form FL-165) or Appearance, Stipulation and Waiver (Form FL-130).

G. The Court may set a hearing prior to entering a judgment.

(Adopted effective July 1, 2025)

710.2 Uncontested Judgment Procedures

The procedures described below apply where a Response to a Petition has been filed or respondent has entered a general appearance.

A. All uncontested judgments must be submitted by affidavit/declaration pursuant to Family Code § 2336.

B. To obtain a judgment based on the stipulation of the parties, the following forms must be submitted in a Petition for Dissolution, Legal Separation, or Nullity:

1. Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170);
   2. Original and three copies of the Judgment (Form FL-180) with the stipulation/Marital Settlement Agreement attached. The court will retain the original and one copy. The stipulation must include the following language immediately above the space reserved for the judge’s signature: “The foregoing is agreed to by . . .” and “approved as conforming to the agreement of the parties.” When a case is open in the Department of Child Support Services (DCSS) and the stipulation addresses child support issues, the stipulation musts be approved and signed by a DCSS attorney; (issued 01/01/25) 7-22

LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE 3. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration, Preliminary and/or Final (Form FL-141) if not filed and served before. If the Final Declaration of Disclosure is waived, submit the Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144); 4. Original and two copies of the Notice of Entry of Judgment (Form FL-190); and two self-addressed, stamped envelopes, addressed to each counsel or each party.

C. Expedited Processing of Judgments: For the expedited review of a proposed Dissolution Judgment or a Legal Separation Judgment, the parties must attach to the Judgment (Form FL-180) the local form Expedited Processing Attachment And Stipulation To Dissolution Or Separation Judgment (L-1300), available on the court’s website.

D. In a parentage case to obtain a judgment based on the stipulation of the parties, the following papers must be submitted:

1. Judgment (Form FL-250 instead of FL-180);
2. Declaration for Default or Uncontested Judgment (Form FL-230);
3. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-
120);
4. Child Custody and Visitation Order Attachment (Form FL-341);
5. If the judgment seeks a child support order, submit petitioner’s Income and Expense Declaration (Form FL-
150 or 155);
6. Child Support Information and Order Attachment (Form FL-342);
7. Income Withholding for Support (Form FL-195);
8. Original and three copies of the Judgment (Form FL-250). The court will retain original and one copy;
9. Original and two copies of the Notice of Entry of Judgment (Form FL-190); and
10. Two self-addressed, stamped envelopes, with the court’s address as the return address.

E. Expedited Processing of Judgments: For the expedited review of a proposed Parentage Judgment (Form FL-250) the parties must attach to the judgment the local form Expedited Processing Attachment To Parentage Judgment (Form L-1301), available on the court’s website.

(Adopted effective July 1, 2025)

Rule 711. Summary Dissolution

A. A Summary Dissolution proceeding requires the filing of a joint petition using the most
recently published Joint Petition for Summary Dissolution (Form FL-800).

B. A Summary Dissolution, under Family Code section 2400, is available only when all of
the following conditions exist at the time the proceeding is commenced:

1. There are no minor children who were born before or during their marriage/domestic
partnership or adopted during the marriage/domestic partnership;

2. The marriage/domestic partnership is not more than five years in duration as of the date of
separation;

3. Neither party owns real property, wherever situated;

4. There are no unpaid debts in excess of the ceiling amount set forth in Joint Petition for
Summary Dissolution (Form FL-800); and

(issued 01/01/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE 5. The total fair market value of community assets is less than the amount set forth in form Joint Petition for Summary Dissolution (Form FL-800).

C. Parties must comply with the preliminary financial disclosure requirements as described in Joint Petition for Summary Dissolution (Form FL-800).

D. The parties must submit the Judgment of Dissolution and Notice of Entry of Judgment

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

(Form FL-825). The proposed judgment must be presented for signature to the court along with the following:

1. A signed original and three copies of the Judgment of Dissolution and Notice of Entry of Judgment (Form FL-825); and

2. Two pre-addressed stamped mailing envelopes with the court’s address as the return address for use by the clerk to send the Judgment of Dissolution and Notice of Entry of Judgment (Form FL-825).

E. The Court will enter the judgment of dissolution when six months have expired from the date of the filing of the petition.

Rule 711 Amended January 1, 2025; (Adopted effective July 1, 1984; revised eff. January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2007; revised effective July 1, 2011.)

Rule 712. Court Appointed Counsel for Minor Children (Minor’s Counsel)

A. Requirements for Attorneys Representing Minor Children

1. Counsel must meet, and comply with, the requirements set forth in California
Rules of Court, rule 5.242 and be a member of the California State Bar for a
minimum of five years to be eligible to serve as Minor’s Counsel.

2. Attorneys must submit a Declaration of Counsel for a Child Regarding
Qualifications (Form FL-322) to the Supervising Judge of the Family Law Panel.

3. Unless otherwise authorized by the Supervising Judge of the Family Law Panel,
continued participation in the Minor’s Counsel program requires the filing of an
updated Declaration of Counsel for a Child Regarding Qualifications (Form FL-
322) and a declaration of hourly rate by February 1 st each year.

B. List of Attorneys Available for Appointment as Minor’s Counsel

1. The Court will maintain a list of attorneys available for appointment.

a. The list will be made available to the public.

b. The list will contain the name, contact information and date of
receipt of the Declaration of Counsel for a Child Regarding
Qualifications (Form FL-322).

2. Attorneys must report any formal disciplinary action against them to the
Supervising Judge of the Family Law Panel in writing within five days of actual
knowledge of the initiation of formal disciplinary action.

C. Complaints Regarding Minor’s Counsel

(issued 07/01/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

1. Complaints regarding Minor’s Counsel must be made in writing to the
Supervising Judge of the Family Law Panel.

2. A copy of the complaint must be provided to all parties.

3. The court will provide a written response to the complainant.

Rule 712 Amended January 1, 2025; (Adopted as Rule 714 effective August 1, 2004; revised eff. July 1, 2007; revised effective January 1, 2010; renumbered as Rule 712 and revised effective July 1, 2011.)

Rule 713. Qualified Domestic Relations Order (QDRO) or Other Retirement Plan

A. The requirements of Family Code section 2610 must be met.

B. The correct name of the employee benefit plan must be listed. If the qualified domestic
relations order or other retirement plan order amends the name set forth in a judgment, it
will be accepted as an amendment to the judgment.

C. Preparation of a qualified domestic relations order or other retirement plan order.

1. A person who is appointed by stipulation of the parties to act as a referee under
Code of Civil Procedure section 638 may prepare and submit a qualified domestic
relations order or other retirement plan order;

2. Either party or a party’s attorney may prepare and submit the order; and

3. A limited scope attorney may prepare and submit such an order.

D. An order may be submitted to the court for signature by a judicial officer and filing only
if it fulfills one of the following requirements:

1. It is signed by both parties;

2. It is signed by the referee appointed by stipulation of the parties under Code of
Civil Procedure section 638; or

3. It is signed only by one party and a copy is served by mail with a statement under
oath of the manner in which the mailing address of the other party was obtained,
or is personally served upon the other party together with a proof of service.

a. The proof of service must include a notice that the responding party
has 30 days from the date of mailing or personal service to file an
objection with the clerk of the court and serve a copy on the other
party.

b. If an objection is not timely filed and served then the order shall be submitted by the

(issued 07/01/25)
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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE clerk to a judicial officer for signature and filing.

E. Pursuant to Code of Civil Procedure section 1010.6, documents filed by parties who are
represented by counsel (“Represented Parties”) in family law actions must be filed
electronically unless the Court excuses them from doing so. For purposes of this rule, the
Court requires all QDROs or other retirement plan orders filed by Represented Parties to
be electronically filed as follows:

1. All requirements of Local Rule 700.7 must be met.

2. An order must be submitted with a separate Statement of Compliance, QDRO/Other
Retirement Plan (Family Law) (Local Form L-0750). A party, attorney of record,
limited scope attorney, and/or person who is appointed by stipulation of the parties
to act as a referee under Code of Civil Procedure section 638 must sign the
Statement of Compliance, QDRO/Other Retirement Plan (Family Law) (Local
Form L-0750) under penalty of perjury or it must be filed by order of the Court.

Rule 713 Adopted January 1, 2025; (Adopted effective January 1, 1998; repealed effective
July 1, 2011.)

Rule 714. Electronic Evidence for Trials and Specially Set Hearings

Commencing January 1, 2025, the Electronic Evidence Portal shall be used in lieu of trial exhibit notebooks. All exhibits – including impeachment and rebuttal evidence – to be used at trial or in other specially set evidentiary hearings shall be uploaded to the Electronic Evidence Portal, which is accessible in the Orange County Superior Court website.

The Electronic Evidence Portal will automatically assign exhibit numbers to each document uploaded by the party and create exhibit tags and exhibit lists.

Exchange of case-in-chief exhibits shall be accomplished using the Electronic Evidence Portal, which will create a record of each exhibit exchanged by the parties. Exhibits that are not exchanged using the Portal may only be used at trial or in a specially set evidentiary hearing as impeachment or rebuttal evidence, subject to the discretion of the trial judge.

Parties and their counsel shall familiarize themselves with the instructions on how to use the Electronic Evidence Portal, which are published in the court’s website. Counsel will be responsible for displaying the electronic exhibits during the trial.

For good cause, the trial judge has discretion to excuse a party from the requirement to use the Electronic Evidence Portal. A party or counsel seeking an exemption from the requirement to use the Electronic Evidence Portal shall file a Request for Exemption from Use of Mandatory Electronic Evidence Portal (Local Form L-3034) at least ten court days prior to the trial or specially set evidentiary hearing.

Rule 714 Adopted effective January 1, 2025.

(issued 01/01/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

Rule 715. Renumbered effective July 1, 2011

Rule 715 revised and renumbered as Rule 703(C)

Rule 716. Renumbered effective July 1, 2011

Rule 716 renumbered as Rule 703.2

Rule 717. Renumbered effective July 1, 2011

Rule 717 revised and renumbered as Rule 703(F)

Rule 718. Petition for Freedom from Parental Custody and Control All Family Law adoption cases, in which a request is made to declare a child free from parental custody and control of either or both parents for the purpose of adoption, will be governed by sections A through D of this rule and subject to the provisions set forth in all applicable statutes, the California Rules of Court, and other Local Rules. A. A request to declare a child free from parental custody and control must be made by submitting a completed Petition for Declaring Child(ren) Free from Parental Custody and Control (local mandatory form L-2706). B. A citation providing notice to the parent(s) to appear before the court to show cause why the child should not be declared free from their custody and control must be requested by submitting a completed Citation – Freedom from Parental Custody and Control (local mandatory form L- 2951) to the clerk of the court. The clerk of the court will then complete the citation form by filling in a date for the hearing, the time for the hearing, and the place for the hearing. The clerk of the court will issue the citation. C. The completed petition and citation form must be submitted to the clerk of the court for simultaneous filing. These forms may be submitted electronically in accordance with Local

Rule 700.7, by mail, or submitted at the Lamoreaux Justice Center, Family Law Division. Upon filing, the clerk of the court will provide a conformed copy of the petition and the completed citation to the filing party. The filing party is required to effectuate service of both documents on the parent(s) in the manner prescribed in Family Code sections 7880 – 7883.

D. An order and judgment declaring a child free from parental custody and control must be requested by submitting a completed Order and Judgment Declaring Child(ren) Free from Parental Custody and Control (local mandatory form L-2979) to the clerk in the assigned courtroom. The proposed order may be submitted ahead of the hearing date, on the day of the hearing, or at a later date as directed by a judge or commissioner at the time of the hearing.

(issued 01/01/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

(Adopted effective January 1, 2022)

Rule 719. Remote and In-Person Proceedings for Family Law

A. Purpose

The purpose of this rule is to provide greater access to justice, promote court efficiency, and facilitate remote and in-person proceedings consistent with Code of Civil Procedure section 367.75 and California Rules of Court, rule 3.672. This rule sets forth the remote and in-person proceeding protocols for family law proceedings.

B. Definitions

As used in this rule:

1. “Evidentiary hearing or trial” is any proceeding at which oral testimony may be provided.

2. “Non-evidentiary proceeding” is any proceeding other than an evidentiary hearing or trial.

3. “Oral testimony” is a spoken statement provided under oath and subject to examination.

4. “Party” is any person appearing in an action and that person’s counsel, as well as any nonparty who may be subject to discovery in the action.

5. “Proceeding” means a conference, hearing, or any other matter before the court, including evidentiary hearing or trial.

6. “Remote appearance” or “appear remotely” means the appearance of a party at a proceeding through the use of remote technology.

7. “Remote proceeding” means a proceeding conducted in whole or in part through the use of remote technology.

8. “Remote technology” means technology that provides for the transmission of video and audio signals or audio signals alone. This phrase is meant to be interpreted broadly and includes a computer, tablet, telephone, cellphone, or other electronic or communications device.

C. Appearances for Remote and In Person Proceedings

1. Remote appearances are permitted and encouraged to promote access to justice and for the convenience of the public.

2. A party who intends to appear remotely for a non-evidentiary hearing must provide notice to the court at least two court days prior to the hearing. The notice to the court must be given filing the mandatory Judicial Council forms “Notice of Remote Appearance” (Form RA-010)

   (issued 01/01/25)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

and “Order Regarding Remote Appearance” (Form RA-020).

3. Except as otherwise set forth in this rule, trial and evidentiary proceedings will be held in person. At the discretion of the Court, a trial or evidentiary proceeding may be scheduled as a remote hearing when oral testimony under oath may be provided.

   a. A party may file a motion for a remote evidentiary hearing or trial (Form RA-010) at least ten (10) court days before the hearing if the party received at least fifteen (15) court days’ notice of the proceeding.

   b. A party may file an opposition to the court’s or a party’s motion for a remote evidentiary hearing or trial by filing the mandatory Judicial Council form “Opposition to Remote Appearance at Evidentiary Hearing or Trial” (Form RA- 015) at least five (5) court days before the hearing if the party received at least (10) court days’ notice of the remote appearance or proceeding. If notice of the remote proceeding is provided on less than ten (10) court days’ notice, a party must file an opposition to remote appearance (Form RA- 015) by noon the court day before the proceeding.

4. A party who intends to appear remotely is required to provide notice to all parties or persons entitled to receive notice of the proceedings. This notification may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least two (2) court days prior to a non-evidentiary proceeding or at least ten (10) court days prior to an evidentiary proceeding or trial.

5. Participants appearing remotely must access a hearing link on the court’s public website at https://www.occourts.org/directory/family/. By clicking on the department link, a party is agreeing to appear remotely.

6. At the discretion of the Court, a hearing may be scheduled as a remote hearing when oral testimony under oath may be provided.

7. Unless otherwise ordered, remote appearances are permitted and encouraged for all law and motion, case management conferences, status conferences, and other non-evidentiary proceedings in family law cases.

8. Objections by parties to deficient notice of remote appearance may be raised at the hearing.

9. Nothing in this rule limits the discretion of the judicial officer to order an in-person appearance in the courtroom as provided in Code of Civil Procedure section 367.75, subdivision (b).

10. Upon a showing of good cause, unforeseen circumstances, or that the remote appearance would promote access to justice, a party may ask the court for leave to appear remotely without the notice provided by this subdivision.

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

D. Procedures

The court’s remote technology system is designed to ensure that all parties, whether appearing remotely or in person, can meaningfully participate in the conference, hearing, proceeding, or trial. Information regarding the ability to appear in person or through the use of remote technology is available on the court’s website at https://www.occourts.org/directory/family/.

E. Confidentiality, Privacy, and Security Settings

1. Nothing in this rule is intended to modify any other rule, statute, or case law regarding confidentiality or access to confidential proceedings. All legal confidentiality requirements are equally applicable to both in-person appearances and remote appearances.

2. Any party appearing remotely must have the necessary privacy and security settings appropriate for the proceeding in which the remote appearance is made. Persons appearing remotely shall ensure that their remote location affords the required level of privacy for the proceeding.

F. Prohibition of Photography, Broadcasting, Recording, Streaming, and Filming

Photography, broadcasting, video recording, audio recording, electronic recording, filming, and streaming of court proceedings, whether in person or remote, is prohibited except as expressly authorized by California Rules of Court, rule 1.150, or Local Rule 180. Violation of this subdivision or Administrative Order 21/12 may result in the imposition of monetary sanctions in

amounts of up to $1,500 per violation pursuant to Code of Civil Procedure section 177.5; a citation for contempt in violation of Code of Civil Procedure section 1209, subdivision (a)(5); prosecution for criminal violations of Penal Code section 166, subdivisions (a)(3, 4, or 5), and/or other sanctions as provided by law.

G. Technology or Audibility Issues

In the event any party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel experiences technology or audibility issues that arise during any

remote conference, hearing, proceeding, or trial, that person is to alert the court by calling the courtroom. Phone numbers for the courtrooms can be found at https://www.occourts.org/directory/family/. Information about potential technological or audibility issues that can arise and the options for appearing in person and through the use of remote technology are posted on the court website.

H. Public Access

Media and public access to proceedings will be in person in the courtroom where the hearing is scheduled. In the event any proceeding is conducted entirely remotely, the press and public can obtain public access by contacting the courtroom.

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

I. Effective Dates

This rule is effective from April 1, 2022, until July 1, 2026, or until the sunset date of Code of Civil Procedure section 367.75 if its sunset date is extended beyond July 1, 2026.

Rule 720. Filing and Establishment of Parent-Child Relationship Pursuant to a Gestational Surrogacy (Fam. Code, §§7620 and 7960, et seq.)

A. Filing Petition. A party seeking to establish a parent-child relationship pursuant to gestational surrogacy must file the Petition to Determine Parental Relationship (“Petition”) in the Lamoreaux Justice Center.

B. Petition and Supporting Papers. The petition (FL-200) must be filed with the following documents.

1. Petitioner(s) Documents:

a. Gestational Surrogacy Cover Sheet – completed and signed;
b. Confidential - Party Identification and Notice of Related Case(s)
(OCSC Local Form L-1120);
c. Confidential Cover Sheet - Parentage Action Involving Assisted
Reproduction (FL-211);
d. Summons (FL-210);
e. Stipulation for Entry of Judgment Re: Determination of Parental
Relationship (FL-240);
f. Appearance, Stipulations, and Waivers (FL-130);
g. Declaration for Default or Uncontested Judgment (FL-230);
h. Advisement and Waiver of Rights Re: Determination of Parental Relationship (FL-
235);
i. Judgment (FL-250);
j. Notice of Entry of Judgment (FL-190);
k. Lodge original Gestational Carriers Agreement, executed and
notarized (Notice of Lodgment);
l. Declaration(s) of IVF doctor;
m. Declaration of Petitioner(s); and
n. Declaration of attorney for Petitioner(s) including as an exhibit a
criminal background check for Petitioner(s).

C. Respondent(s) Documents:

a. Appearance, Stipulations, and Waivers (FL-130); b. Declaration for Default or Uncontested Judgment (FL-230); c. Advisement and Waiver of Rights Re: Determination of Parental Relationship (FL-235); d. Stipulation For Entry of Judgment Re: Determination of Parental Relationship (FL-240); e. Declaration of Respondent(s);

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

f. Declaration of Attorney for Respondent(s).

Rule 720 Amended January 1, 2025; (Rule 720 new and effective January 01, 2023.)

Rule 721 Appointment of Elisor:

A. Where one of the parties will not or cannot execute a document necessary to carry out a court order, the clerk of the court, or their authorized representative or designee, may be appointed as an elisor to sign the document.

B. A court order for the appointment of an elisor must be made by a Request for Order. The request may be made by ex parte application pursuant to Local Rule 704. The Request for Order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order.

C. Mandatory Information. Supporting declaration(s) must include all the following:

1. A copy of the court order upon which the request to appoint an elisor is based.

2. A description of the good faith efforts to meet and confer to resolve the issues informally.

3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor’s signature.

D. Mandatory Language. The proposed order must include all the following:

1. Designate “The Clerk of the Court or Clerk Designee” as the elisor. The order cannot state a name or title of a specific court employee.

2. Name of the party on whose behalf the clerk is signing. Name must appear exactly as shown on the document to be signed for whom the elisor is being appointed.

3. Name the exact title that accurately identifies each document to be signed.

E. Mandatory Additional Requirements:

1. Copies of all documents to be signed must be attached to the proposed order.

2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order.

(Adopted effective January 1, 2023)

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LOCAL RULES – SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE

APPENDIX A

Family Law Mandatory Settlement Conference Policy Memorandum

(Adopted as Appendix A effective January 1, 1987; revised eff. July 1, 1994; revised eff. January 1, 2007; repealed effective July 1, 2011)

APPENDIX B

Joint Statement of Issues Remaining to be Tried

(Adopted as Appendix B effective January 1, 1987; revised eff. July 1, 1994; revised effective January 1, 2007; repealed effective July 1, 2011)

APPENDIX C

Statement of Compliance

(Adopted as Appendix C effective January 1, 1987; revised eff. July 1, 1994; repealed effective July 1, 2011)

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