The decision to hold a hearing in a case in which a judgment has been submitted on the basis of a declaration under Family Code section 2336 should be made on a case-by-case basis at the discretion of the court or request of a party. Courts must allow judgments in default and uncontested cases to be submitted by declaration pursuant to section 2336 and must not require that a hearing be conducted in all such cases.
Rule 5.409 renumbered effective January 1, 2013; adopted as rule 5.148 effective July 1, 2012.