CRC Rule 5.111 - "Declarations Requesting and Response to Requests for Orders"

PRACTICE TIPS:

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and Replaces Former Rule 5.1118, Now Repealed!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
!

Please Visit Our Form Library For The Referenced Judicial Council Forms


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.

Testimonials & Endorsements

  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.
  • “Thurman is that rare attorney who promotes cooperative, non-adversarial divorce. Where many attorneys exacerbate conflict because it inevitably results in legal fees, Thurman promotes resolution and ...”

    - Stephen J.
  • “Just wanted to thank you for your website. It's encouraging to find attorneys who seem to care. I am working at organizing a conference in Las Vegas to train attorneys to 'do it right for the ...”

    - Danielle D.
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Yelp
  • Super Lawyers - Thurman
  • Avvo Rating - Superb Top Divorce Attorney
  • AV Preeminent - 2015
  • Super Lawyers - Michael
  • AAML
  • Coachella Valley's Top lawyers
  • Client Distinction - Thurman
  • California Certified (CBLS)