Rule 112 Facsimile Machine (Fax) Filing – The Kings Superior Court does not accept direct facsimile filing of documents.
Rule 115 Filing of Documents for Ex Parte Hearing – Parties wishing to obtain an ex parte order from the court in any civil, criminal, or other matter should file all documents, except the declaration of notice, at least two (2) court days prior to the scheduled hearing. The declaration of notice must be filed no later than 10:00 am on the court day prior to the intended hearing. Late submitted ex parte papers will be accepted for filing and presentation to the appropriate judicial officer. However, parties are advised that the late submittal of documents may cause the hearing and/or decision thereon to be delayed to the next court day. For filing of ex parte requests in family law matters, reference Local Rule 707.
Rule 118 Color of Print/Original Signatures – A. Handwriting and hand printing on all papers filed with the court must be in black or blue-black ink. (Cal. R. Ct., rule 2.106) B. To avoid uncertainty as to the original nature of any signature on a document presented for filing, it is the preference of the court and its judicial officers that signatures be scribed in blue ink of a permanent nature. It is also the preference of the court and its judicial officers that signatures be written using non-gel pens.
Rule 119 Notice of Unavailability of Counsel – Notices of unavailability pursuant to Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299 are not statutorily binding on the court. Although Tenderloin compliant notices may provide recourse against a party to whom the provisions of the case are intended to apply, they do not preclude an otherwise calendared court proceeding. Therefore, absent a modifying order, all parties shall appear on all dates for which their presence has been noticed via order of the court.
Rule 209 Mandatory Mediation – All parties who are represented by counsel, and who estimate that their trial will be five (5) days or longer must engage in mediation prior to the scheduled mandatory settlement conference date. If the mediation is completed but unsuccessful at resolving the case, and the parties stipulate that the mediation was meaningful and conducted in good faith, then the settlement conference can (upon request) be removed by the court
Rule 406 Petition for Change of Name – A background check and electronic fingerprint scan will be required when a petition for a name change, Guardianship, Conservatorship, and Stepparent Adoption has been filed. The purpose of the background check is to verify that the petitioner is not on probation, parole, or a registered sex offender. (Code Civ. Proc. § 1279.5 (e).) When a minor’s name is to be changed, a Live Scan will be requested from the petitioner parent(s) or legal guardian(s). A Live Scan consists of a check of electronic fingerprint records maintained by the Department of Justice, the Child Abuse Central Index and possibly the FBI. Live Scan locations have been identified in an information packet that is available for purchase from the court clerk. Petitioner shall pay the fee charged by the Live Scan provider. The petitioner shall complete the Live Scan application form with the requested information and provide the Live Scan provider valid photo identification. Failure to provide the requested information will delay the petition and/or otherwise preclude the completion of the required investigation.
Rule 705 Hearings Estimated to Take More Than 20 Minutes – After consulting with counsel for the parties or self-represented parties, if it is apparent to the presiding family law judge or commissioner that a matter will take more than twenty (20) minutes, such matter may be continued by the court to accommodate its calendar. Nothing contained herein shall alter, modify, or amend applicable notice requirements set forth in the California Family Code, including Family Code section 215.
Categorized in: Legal Procedure
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