CRC RULE 5.118 - "Rules for Declarations"



Title 5. Family and Juvenile Rules

Division 1. Family Rules

Chapter 2. Procedural Rules

As amended through July 1, 2012

Rule 5.118. Application for court order

(a) Length of declarations

A declaration attached to a request for order and responsive declaration must not exceed 10 pages in length, and 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. A party may apply to the court ex parte with written notice of the application to the other parties, at least 24 hours before the papers are due, for permission to file a longer declaration. The application must state reasons why the facts cannot be set forth within the declaration page limit.

(Subd (a) amended and relettered effective July 1, 2012; adopted as paragraph (1) of subd (f) effective July 1, 2011.)

(b) Objections to declarations

(1) A declaration must be based on personal knowledge and explain how the person has acquired that knowledge. The statements in the declaration must be admissible in evidence.

(2) If a party thinks that a declaration does not meet the requirements of (1), the party must object to the declaration at the time of the hearing, or any objection will be considered waived, and the declaration may be considered as evidence.

(3) 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.

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