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California Rules of Court

(Revised January 1, 2024)

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Title 5. Family and Juvenile Rules
Rule 5.1. Title
Division 1. Family Rules
Chapter 1. General Provisions
Article 1. General Provisions
Rule 5.2. Division title; definitions; application of rules and laws
Rule 5.4. Preemption; local rules and forms
Article 2: Use of Forms
Rule 5.7. Use of forms
Article 3. Appearance by Telephone
Rule 5.9. Appearance by telephone
Article 4. Discovery
Rule 5.12. Request for order regarding discovery
Article 5: Sanctions
Rule 5.14. Sanctions for violations of rules of court in family law cases
Chapter 2. Parties and Joinder of Parties
Article 1. Parties to Proceedings
Rule 5.16. Designation of parties
Rule 5.17. Other causes of action
Rule 5.18. Injunctive relief and reservation of jurisdiction
Article 2. Joinder of Parties
Rule 5.24. Joinder of persons claiming interest
Article 3. Employee Pension Benefit Plan
Rule 5.29. Joinder of employee pension benefit plan
Chapter 3. Filing Fees and Fee Waivers
Article 1. Filing Fees and Fee Waivers
Rule 5.40. Filing fees
Rule 5.41. Waiver of fees and costs
Article 2. Special Procedures
Rule 5.43. Fee waiver denials; voided actions; dismissal
Rule 5.45. Repayment of waived court fees and costs in family law support actions
Rule 5.46. Waiver of fees and costs-Supreme Court or Court of Appeal
Chapter 4. Starting and Responding to a Family Law Case; Service of Papers
Article 1. Summonses, Notices, and Declarations
Rule 5.50. Papers issued by the court
Rule 5.51. Confidential cover sheet for parentage actions or proceedings involving assisted reproduction; other requirements
Rule 5.52. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Article 2. Initial Pleadings
Rule 5.60. Petition or complaint; alternative relief
Rule 5.62. Appearance by respondent
Rule 5.63. Request for order to quash proceeding or responsive relief
Article 3. Service of Papers
Rule 5.66. Proof of service
Article 4. Manner of Service
Rule 5.68. Manner of service of summons and petition; response; jurisdiction
Rule 5.72. Court order for service by publication or posting when respondent's address is unknown
Article 5. Pleadings and Amended Pleadings
Rule 5.74. Pleadings and amended pleadings
Article 6. Specific Proceedings
Rule 5.76. Domestic partnerships
Rule 5.77. Summary dissolution
Chapter 5. Family Centered Case Resolution Plans
Rule 5.83. Family centered case resolution
Chapter 6. Request for Court Orders
Article 1. General Provisions
Rule 5.90. Format of papers
Rule 5.91. Individual restraining order
Article 2. Filing and Service
Rule 5.92. Request for court order; responsive declaration
Rule 5.94. Order shortening time; other filing requirements; failure to serve request for order
Rule 5.95. Request to reschedule hearing
Rule 5.96. Place and manner of filing
Rule 5.97. Time frames for transferring jurisdiction
Article 3. Meet-and-Confer Conferences
Rule 5.98. Meet-and-confer requirements; document exchange
Article 4. Evidence at Hearings
Rule 5.111. Declarations supporting and responding to a request for court order
Rule 5.112.1. Declaration page limitation; exemptions
Rule 5.113. Live testimony
Rule 5.115. Judicial notice
Article 5. Reporting and Preparation of Order After Hearing
Rule 5.123. Reporting of hearing proceedings
Rule 5.125. Preparation, service, and submission of order after hearing
Article 6. Special Immigrant Juvenile Findings
Rule 5.130. Request for Special Immigrant Juvenile findings
Chapter 7. Request for Emergency Orders (Ex parte Orders)
Article 1. Request for Emergency Orders (Ex parte Orders)
Rule 5.151. Request for temporary emergency (ex parte) orders; application; required documents
Article 2. Notice, Service, Appearance
Rule 5.165. Requirements for notice
Rule 5.167. Service of application; temporary restraining orders
Rule 5.169. Personal appearance at hearing for temporary emergency orders
Article 3. Procedural Matters Not Requiring Notice (Non-Emergency Orders)
Rule 5.170. Matters not requiring notice to other parties
Chapter 8. Child Custody and Visitation (Parenting Time) Proceedings
Article 1. Child Custody Mediation
Rule 5.210. Court-connected child custody mediation
Rule 5.215. Domestic violence protocol for Family Court Services
Article 2. Child Custody Investigations and Evaluations
Rule 5.220. Court-ordered child custody evaluations
Rule 5.225. Appointment requirements for child custody evaluators
Rule 5.230. Domestic violence training standards for court-appointed child custody investigators and evaluators
Article 3. Ex parte Communication
Rule 5.235. Ex parte communication in child custody proceedings
Article 4. Counsel Appointed to Represent a Child
Rule 5.240. Appointment of counsel to represent a child in family law proceedings
Rule 5.241. Compensation of counsel appointed to represent a child in a family law proceeding
Rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings
Article 5. Children's Participation in Family Court
Rule 5.250. Children's participation and testimony in family court proceedings
Chapter 9. Child, Spousal, and Domestic Partner Support
Article 1. General Provisions
Rule 5.260. General provisions regarding support cases
Article 2. Certification of Statewide Uniform Guideline Support Calculators
Rule 5.275. Standards for computer software to assist in determining support
Chapter 10. Government Child Support Cases (Title IV-D Support Cases)
Rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of parentage or paternity when no previous action has been filed
Rule 5.300. Purpose, authority, and definitions
Rule 5.305. Hearing of matters by a judge under Family Code sections 4251(a) and 4252(b)(7)
Rule 5.310. Use of existing family law forms
Rule 5.311. Implementation of new and revised governmental forms by local child support agencies
Rule 5.315. Memorandum of points and authorities
Rule 5.320. Attorney of record in support actions under title IV-D of the Social Security Act
Rule 5.324. Telephone appearance in title IV-D hearings and conferences
Rule 5.325. Procedures for clerk's handling of combined summons and complaint
Rule 5.330. Procedures for child support case registry form
Rule 5.335. Procedures for hearings on interstate income withholding orders
Rule 5.340. Judicial education for child support commissioners
Rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of parentage or paternity when no previous action has been filed
Rule 5.355. Minimum standards of training for court clerk staff whose assignment includes title IV-D child support cases
Rule 5.360. Appearance by local child support agency
Rule 5.365. Procedure for consolidation of child support orders
Rule 5.370. Party designation in interstate and intrastate cases
Rule 5.372. Transfer of title IV-D cases between tribal court and state court
Rule 5.375. Procedure for a support obligor to file a motion regarding mistaken identity
Chapter 11. Domestic Violence Cases
Article 1. Domestic Violence Prevention Act Cases
Rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention Act cases
Rule 5.381. Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases
Rule 5.382. Request to make minor's information confidential in domestic violence protective order proceedings
Article 2. Tribal Court Protective Orders
Rule 5.386. Procedures for filing a tribal court protective order
Chapter 12. Separate Trials (Bifurcation) and Interlocutory Appeals
Article 1. Separate Trials
Rule 5.390. Bifurcation of issues
Article 2. Interlocutory Appeals
Rule 5.392. Interlocutory appeals
Chapter 13. Trials and Long-Cause Hearings
Rule 5.393. Setting trials and long-cause hearings
Rule 5.394. Trial or hearing brief
Chapter 14. Default Proceedings and Judgments
Rule 5.401. Default
Rule 5.402. Request for default; forms
Rule 5.405. Judgment checklists
Rule 5.407. Review of default and uncontested judgments submitted on the basis of declaration under Family Code section 2336
Rule 5.409. Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336
Rule 5.411. Stipulated judgments
Rule 5.413. Notice of entry of judgment
Rule 5.415. Completion of notice of entry of judgment
Chapter 15. Settlement Services
Rule 5.420. Domestic violence procedures for court-connected settlement service providers
Chapter 16. Limited Scope Representation; Attorney's Fees and Costs
Article 1. Limited Scope Representation
Rule 5.425. Limited scope representation; application of rules
Article 2. Attorney's Fees and Costs
Rule 5.427. Attorney's fees and costs
Chapter 17. Family Law Facilitator
Rule 5.430. Minimum standards for the Office of the Family Law Facilitator
Chapter 18. Court Coordination Rules
Rule 5.440. Related cases
Rule 5.445. Court communication protocol for domestic violence and child custody orders.
Chapter 19. Minor Marriage or Domestic Partnership
Article 1. General Provisions
Rule 5.448. Minor's request to marry or establish a domestic partnership
Division 2. Rules Applicable in Family and Juvenile Proceedings
Chapter 1. Contact and Coordination
Rule 5.451. Contact after adoption agreement
Rule 5.460. Request for sibling contact information
Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding
Chapter 2. Indian Child Welfare Act
Rule 5.480. Application
Rule 5.481. Inquiry and notice
Rule 5.482. Proceedings after notice
Rule 5.483. Dismissal and transfer of case
Former rule 5.484. Renumbered effective January 1, 2020
Rule 5.484. Emergency proceedings involving an Indian child
Former rule 5.485. Renumbered effective January 1, 2020
Rule 5.485. Placement of an Indian child
Former rule 5.486. Renumbered effective January 1, 2020
Rule 5.486. Termination of parental rights
Former rule 5.487. Renumbered effective January 1, 2020
Rule 5.487. Petition to invalidate orders
Rule 5.488. Adoption record keeping
Chapter 3. Intercountry Adoptions
Rule 5.490. Adoption of a child resident in the United States by a resident of a foreign country party to the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption (Convention or Hague Adoption Convention)
Rule 5.491. Adoption of a child resident in the United States by a resident of a foreign country not party to the Hague Adoption Convention
Rule 5.492. Adoption by a United States resident of a child resident in a foreign country that is party to the Hague Adoption Convention
Rule 5.493. Requirement to request adoption under California law of a child born in a foreign country when the adoption is finalized in the foreign country (Fam. Code, §§ 8912, 8919)
Chapter 4: Protective Orders [Repealed]
Rule 5.495. Firearm relinquishment procedures [Repealed]
Division 3. Juvenile Rules
Chapter 1. Preliminary Provisions-Title and Definitions
Rule 5.500. Division title
Rule 5.501. Preliminary provisions
Rule 5.502. Definitions and use of terms
Rule 5.504. Judicial Council forms
Rule 5.505. Juvenile dependency court performance measures
Chapter 2. Commencement of Juvenile Court Proceedings
Rule 5.510. Proper court; determination of child's residence; exclusive jurisdiction
Rule 5.512. Joint assessment procedure
Rule 5.514. Intake; guidelines
Rule 5.516. Factors to consider
Rule 5.518. Court-connected child protection/dependency mediation
Rule 5.520. Filing the petition; application for petition
Rule 5.522. Remote filing
Rule 5.523. Electronic service (§ 212.5)
Rule 5.524. Form of petition; notice of hearing
Rule 5.526. Citation to appear; warrants of arrest; subpoenas
Chapter 3. General Conduct of Juvenile Court Proceedings
Rule 5.530. Persons present
Rule 5.531. Appearance by telephone (§ 388; Pen. Code § 2625)
Rule 5.532. Court reporter; transcripts
Rule 5.534. General provisions-all proceedings
Rule 5.536. General provisions-proceedings held before referees
Rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge
Rule 5.540. Orders of referees not acting as temporary judges
Rule 5.542. Rehearing of proceedings before referees
Rule 5.544. Prehearing motions (§ 700.1)
Rule 5.546. Prehearing discovery
Rule 5.548. Granting immunity to witnesses
Rule 5.550. Continuances
Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828)
Rule 5.553. Juvenile case file of a deceased child
Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 16501.1 (g)(16))
Chapter 4. Subsequent Petitions and Modifications
Rule 5.560. General provisions
Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)
Rule 5.570. Request to change court order (petition for modification)
Rule 5.575. Joinder of agencies
Rule 5.580. Hearing on violation of probation (§ 777)
Chapter 5. Appellate Review
Rule 5.585. Rules governing appellate review
Rule 5.590. Advisement of right to review in section 300, 601, or 602 cases
Rule 5.595. Stay pending appeal
Chapter 6. Emancipation
Rule 5.605. Emancipation of minors
Chapter 7. Intercounty Transfers; Out-of-County Placements; Interstate Compact on the Placement of Children
Rule 5.610. Transfer-out hearing
Rule 5.612. Transfer-in hearing
Rule 5.613. Transfer of nonminor dependents
Rule 5.614. Out-of-county placements
Rule 5.616. Interstate Compact on the Placement of Children
Rule 5.618. Placement in short-term residential therapeutic program (§§ 361.22, 727.12)
Rule 5.619. Voluntary placement in psychiatric residential treatment facility (Welf. & Inst. Code, §§ 361.23, 727.13)
Chapter 8. Restraining Orders, Custody Orders, and Guardianships General Court Authority
Rule 5.620. Orders after filing under section 300
Rule 5.625. Orders after filing of petition under section 601 or 602
Rule 5.630. Restraining orders
Chapter 9. Parentage
Rule 5.635. Parentage
Rule 5.637. Family Finding (§§ 309(e), 628(d))
Chapter 10. Medication, Mental Health, and Education
Rule 5.640. Psychotropic medications
Rule 5.642. Authorization to release psychotropic medication prescription information to Medical Board of California
Former Rule 5.645. Renumbered effective January 1, 2020
Rule 5.643. Mental health or condition of child; court procedures
Rule 5.645. Mental health or condition of child; competency evaluations
Rule 5.647. Medi-Cal: Presumptive Transfer of Specialty Mental Health Services
Rule 5.649. Right to make educational or developmental-services decisions
Rule 5.650. Appointed educational rights holder
Rule 5.651. Educational and developmental-services decisionmaking rights
Rule 5.652. Access to pupil records for truancy purposes
Chapter 11. Advocates for Parties
Rule 5.655. Program requirements for Court Appointed Special Advocate programs
Rule 5.660. Attorneys for parties (§§ 317, 317.5, 317.6, 353, 366.26, 16010.6)
Rule 5.661. Representation of the child on appeal
Rule 5.662. Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition
Rule 5.663. Responsibilities of children's counsel in delinquency proceedings (§§ 202, 265, 633, 634, 634.3 634.6, 679, 700)
Rule 5.664. Training requirements for children's counsel in delinquency proceedings (§ 634.3)
Chapter 12. Cases Petitioned Under Section 300
Article 1. Initial Hearing
Rule 5.667. Service and notice
Rule 5.668. Commencement of hearing-explanation of proceedings (§§ 316, 316.2)
Rule 5.670. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1)
Rule 5.672. Continuances
Rule 5.674. Conduct of hearing; admission, no contest, submission
Rule 5.676. Requirements for detention
Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; active efforts; detention alternatives
Rule 5.680. Detention rehearings; prima facie hearings [Repealed]
Article 2. Jurisdiction
Rule 5.682. Commencement of jurisdiction hearing-advisement of trial rights; admission, no contest, submission
Rule 5.684. Contested hearing on petition
Rule 5.686. Continuance pending disposition hearing [Repealed]
Rule 5.688. Failure to cooperate with services (§ 360(b)) [Repealed]
Article 3. Disposition
Rule 5.690. General conduct of disposition hearing
Rule 5.695. Findings and orders of the court-disposition
Rule 5.697. Disposition Hearing for a Nonminor (Welf. & Inst. Code, §§ 224.1, 295, 303, 358, 358.1, 361, 366.31, 390, 391)
Rule 5.700. Termination of jurisdiction-custody and visitation orders (§§ 302, 304, 361.2, 362.4, 726.5)
Rule 5.705. Setting a hearing under section 366.26
Article 4. Reviews, Permanent Planning
Rule 5.706. Family maintenance review hearings (§ 364)
Rule 5.707. Review or dispositional hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3, 366.31, 16501.1(f)(16))
Rule 5.708. General review hearing requirements
Rule 5.710. Six-month review hearing
Rule 5.715. Twelve-month permanency hearing
Rule 5.720. Eighteen-month permanency review hearing
Rule 5.722. Twenty-four-month subsequent permanency review hearing
Rule 5.725. Selection of permanent plan (§§ 366.24, 366.26, 727.31)
Rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6)
Rule 5.727. Proposed removal (§ 366.26(n))
Rule 5.728. Emergency removal (§ 366.26(n))
Rule 5.730. Adoption
Rule 5.735. Legal guardianship
Rule 5.740. Hearings after selection of a permanent plan (§§ 366.26, 366.3, 16501.1)
Chapter 13. Cases Petitioned Under Sections 601 and 602
Article 1. Initial Appearance
Rule 5.752. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing
Rule 5.754. Commencement of initial hearing-explanation, advisement, admission
Rule 5.756. Conduct of detention hearing
Rule 5.758. Requirements for detention; prima facie case
Rule 5.760. Detention hearing; report; grounds; determinations; findings; orders; factors to consider for detention; restraining orders
Rule 5.762. Detention rehearings
Rule 5.764. Prima facie hearings
Article 2. Hearing on Transfer of Jurisdiction to Criminal Court
Rule 5.766. General provisions
Rule 5.768. Report of probation officer
Rule 5.770. Conduct of transfer of jurisdiction hearing under section 707
Rule 5.772. Conduct of fitness hearings under sections 707(a)(2) and 707(c) [Repealed]
Article 3. Jurisdiction
Rule 5.774. Setting petition for hearing-detained and nondetained cases; waiver of hearing
Rule 5.776. Grounds for continuance of jurisdiction hearing
Rule 5.778. Commencement of hearing on section 601 or section 602 petition; right to counsel; advisement of trial rights; admission, no contest
Rule 5.780. Contested hearing on section 601 or section 602 petition
Rule 5.782. Continuance pending disposition hearing
Article 4. Disposition
Rule 5.785. General conduct of hearing
Rule 5.790. Orders of the court
Rule 5.795. Required determinations
Rule 5.800. Deferred entry of judgment
Rule 5.804. Commitment to secure youth treatment facility
Rule 5.805. California Department of Corrections and Rehabilitation, Division of Juvenile Justice, commitments [Repealed]
Rule 5.806. Secure youth treatment facility baseline term
Rule 5.807. Secure youth treatment facility progress review process
Rule 5.808. Discharge from secure youth treatment facility (§ 875(e)(3) & (4))
Article 5. Reviews and Sealing
Rule 5.810. Reviews, hearings, and permanency planning
Rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451, 727.2(i)-(j), 778; Pen. Code, § 236.14)
Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review or dispositional hearing for child approaching majority (§§ 450, 451, 727.2(i)-(j), 778)
Rule 5.813. Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§ 450, 451)
Rule 5.814. Modification to transition jurisdiction for a ward older than 17 years, 5 months of age and younger than 18 years of age (§§ 450, 451)
Rule 5.815. Appointment of legal guardians for wards of the juvenile court; modification or termination of guardianship Legal guardianship-wards (§§ 366.26, 727.3, 728)
Rule 5.820. Termination of parental rights for child in foster care for 15 of the last 22 months
Rule 5.825. Freeing wards for adoption
Rule 5.830. Sealing records (§ 781)
Rule 5.840. Dismissal of petition and sealing of records (§ 786)
Rule 5.850 Sealing of records by probation in diversion cases (§ 786.5)
Rule 5.860. Prosecuting attorney request to access sealed juvenile case files
Chapter 14. Nonminor Dependent
Rule 5.900. Nonminor dependent-preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a))
Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31)
Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)