CRC Rule 5.111 Is New Effective January 1, 2013
and Replaces Former Rule 5.1118, Now Repealed!
Subsection (c) has important new language regarding
the waiver of evidentiary objections!
CALIFORNIA RULES OF COURT
Title 5. Family and Juvenile RulesEvidence at Hearings
Rule 5.111. Declarations supporting and responding to a request for court order
Along with a Request for Order (form FL-300) or a Responsive Declaration
(form FL-320), a party must file a supporting declaration with the court
clerk and serve it on the other party. The declarations must comply with
the following requirements:
(a) Length of declarations
A declaration included with a request for court order or a responsive declaration
must not exceed 10 pages in length. A reply declaration must not exceed
5 pages in length, unless:
(1) The declaration is of an expert witness; or
(2) The court grants permission to extend the length of a declaration.
(b) Form, format, and content of declarations
(1) The form and format of each declaration submitted in a case filed under
the Family Code must comply with the requirements set out in California
Rules of Court, rule 2.100 et seq.
(c) Objections to declarations
(1) If a party thinks that a declaration does not meet the requirements
of (b)(2) the party must file their objections in writing at least 2 court
days before the time of the hearing, or any objection will be considered
waived, and the declaration may be considered as evidence. Upon a finding
of good cause, objections may be made in writing or orally at the time
of the hearing.
(2) If the court does not specifically rule on the objection raised by
a party, the objection is presumed overruled. If an appeal is filed, any
presumed overrulings can be challenged.