Get California Fam 014 Form

Get California Fam 014 Form

The California Fam 014 form is a legal document used to request a trial setting in family law cases within the Superior Court of California. This form is essential for parties involved in matters such as dissolution, child custody, or spousal support, as it formally indicates readiness for trial. To ensure your case progresses smoothly, consider filling out the form by clicking the button below.

Structure

The California Fam 014 form, officially titled the Request for Trial Setting in Family Law, plays a crucial role in family law proceedings. This form is used to notify the court that a case is ready for trial and to formally request a trial date. It captures essential information, including the names and contact details of the parties involved, as well as the case number. The form allows the petitioner or plaintiff to outline the specific issues at hand, such as dissolution, child custody, or spousal support, and requires the estimation of trial time. Notably, if child custody or visitation is an issue, mediation is mandated prior to the hearing. The form also emphasizes the importance of all parties agreeing on the trial time estimate to ensure that the case can be categorized as a short cause matter. Furthermore, it includes sections for listing all attorneys of record and requires proof of service, ensuring that all parties are informed of the trial setting request. Understanding the components of the Fam 014 form is vital for anyone navigating the complexities of family law in California.

California Fam 014 Preview

NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY:

 

STATE BAR NUMBER

Reserved for Clerk’s File Stamp

ATTORNEY FOR (NAME):

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

 

 

 

 

 

 

COURTHOUSE ADDRESS:

 

 

 

 

 

 

 

 

 

PETITIONER / PLAINTIFF:

 

 

 

 

 

 

 

 

 

RESPONDENT / DEFENDANT:

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE NUMBER:

REQUEST FOR TRIAL SETTING FAMILY LAW

 

oFIRST

oCOUNTER

oAMENDED

 

DATE PETITION FILED:

 

 

 

 

 

 

I hereby represent to the court that this case is ready for trial, and request that it be set for trial.

1)TYPE OF ISSUE(S): (Check all that apply)

oDissolution

oNullity

oLegal Separation

oPaternity

oVisitation

oInjunctive Order

oChild Custody

oChild Support

oSpousal Support

oDivision of Property

oAttorney Fees and Costs

oOther (specify): _____________________________________________________________________________________________________

2)Time estimate for trial: _______________ hours ________________ days.

No case will be set for trial as a short cause matter unless ALL PARTIES join in estimate of trial time of 5 hours (1 day) or less. Silence will be deemed as joining.

3)If child custody or visitation is an issue in this proceeding, Family Code Section 3170 requires mediation before or concurrently with the hearing. oParties have been ordered to attend child custody mediation services as follows:

Date: _____________ Time: ________ Address: _____________________________________________________________________________

4)All attorneys of record or parties representing themselves are listed below: (indicate whether attorney for Petitioner / Plaintiff or Respondent / Defendant)

 

 

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___________________________________________________________________________________________________________________

 

TRIAL ATTORNEY

 

STATE BAR NUMBER

ATTORNEY FOR / OR

__________________________________________________________________________________________________________________________________________________________

 

PLAINTIFF / PETITIONER

NAME OF FIRM

TELEPHONE

 

 

 

 

__________________________________________________________________________________________________________________________________________________________

 

ADDRESS

 

 

 

 

 

 

 

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___________________________________________________________________________________________________________________

 

TRIAL ATTORNEY

 

STATE BAR NUMBER

ATTORNEY FOR / OR

__________________________________________________________________________________________________________________________________________________________

DEFENDANT / RESPONDENT

NAME OF FIRM

TELEPHONE

 

 

 

 

__________________________________________________________________________________________________________________________________________________________

 

ADDRESS

 

 

 

 

 

 

 

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___________________________________________________________________________________________________________________

 

TRIAL ATTORNEY

 

STATE BAR NUMBER

ATTORNEY FOR

__________________________________________________________________________________________________________________________________________________________

NAME OF FIRM

TELEPHONE

 

 

 

 

 

 

 

 

__________________________________________________________________________________________________________________________________________________________

 

ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

LASC FAM 014 Rev. 10/18

 

REQUEST FOR TRIAL SETTING FAMILY LAW

 

 

 

1 of 2

For Mandatory Use

 

 

 

 

 

 

 

 

 

 

 

(NAME) PETITIONER / PLAINTIFF:

(NAME) RESPONDENT / DEFENDANT:

OTHER PARENT:

CASE NUMBER

PROOF OF SERVICE OF REQUEST FOR TRIAL SETTING FAMILY LAW

GENERAL INFORMATION

1)Any party not in agreement with the information or estimates given in a Request for Trial Setting shall, within 10 day after the service thereof, serve and file a Request for the Trial Setting on his/her own behalf.

2)Motions to Strike a defective or premature Request for Trial Setting, suppored by Affidavit or Declaration, shall be made on regular notice for hearing, in the court designated to hear such motions, and shall be served and filed within 10 days after service of the Request for Trial Setting.

IN CENTRAL DISTRICT: Such motions are usually heard in the assigned direct calendar department. See Local Rules for dates and time to set hearing and for exceptions thereto.

IN ALL OTHER DISTRICTS: Verify local practice with staff in the particular district as to the appropriate department, day, place and hour for hearing of such motions.

The undersigned represents that all essential parties have been served with process or have appeared herein.

Dated: ______________________ 20 _______.

___________________________________________ (Signature)

 

Attorney For: _________________________________________

PROOF OF SERVICE BY MAIL

I am over the age of eighteen years and not a party to the within entitled action; my residence/employment address where the mailing reference herein

occured is:

_____________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________

I am familiar with the business practices for collection and processing of correspondence for mailing with the United States Postal Service at the aforementioned address, and a true copy of the within Request for Trial Setting was placed in a a sealed envelope, postage prepaid, and deposited for collection and mailing on ______________, 20 _____, following such business

practices, and in such manner as to cause it to be deposited with the United States Postal Service that same day in the ordinary course of business addressed to all attorneys or parties representing themselves shown in Part 4. I certify (or declare) under

penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ________________________

__________________________________________________

_________________________________________

(TYPED OR PRINTED NAME)

(SIGNATURE)

LASC FAM 014 Rev. 10/18

2 of 2

For Mandatory Use

REQUEST FOR TRIAL SETTING FAMILY LAW

Document Data

Fact Name Details
Form Title Request for Trial Setting Family Law
Governing Law California Family Code Sections 3170 and related family law statutes
Form Usage This form is used to request a trial setting in family law cases.
Mandatory Use The form is designated for mandatory use in Los Angeles County.
Parties Involved The form requires information from both the petitioner/plaintiff and the respondent/defendant.
Time Estimate Requirement All parties must agree on a trial time estimate of 5 hours or less for short cause matters.
Mediation Requirement If child custody or visitation is at issue, mediation is required before the hearing.
Proof of Service The form includes a section for proof of service to ensure all parties have been notified.
Filing Deadline Any party not in agreement must file their own request within 10 days of service.
Signature Requirement The form must be signed by the attorney or party submitting the request.

How to Use California Fam 014

Once the California Fam 014 form is completed, it will be submitted to the court to request a trial setting in family law matters. It is important to ensure that all required information is accurately filled out to avoid any delays in the process.

  1. At the top of the form, provide the name, address, and telephone number of the attorney or party without an attorney.
  2. Include the State Bar number if applicable.
  3. Indicate the attorney for (name) if there is one.
  4. Fill in the courthouse address for the Superior Court of California, County of Los Angeles.
  5. Enter the petitioner/plaintiff's name and the respondent/defendant's name.
  6. Write the case number in the designated space.
  7. Select whether this is a first, counter, or amended request for trial setting.
  8. Provide the date the petition was filed.
  9. In the section for type of issue(s), check all that apply to your case.
  10. Estimate the time for trial in hours and days.
  11. If child custody or visitation is an issue, provide the date, time, and address for mediation services.
  12. List all attorneys of record or parties representing themselves, indicating whether they represent the petitioner/plaintiff or respondent/defendant.
  13. Complete the proof of service section, including your name and signature, as well as the date.
  14. Finally, sign and date the form at the bottom.

Key Facts about California Fam 014

What is the purpose of the California Fam 014 form?

The California Fam 014 form is used to request a trial setting in family law cases. It allows a party to inform the court that their case is ready for trial and to provide details about the issues to be addressed. This includes specifying whether the case involves dissolution, custody, support, or other family law matters. By submitting this form, the requesting party seeks to move forward with the trial process.

What information must be included on the Fam 014 form?

The form requires several key pieces of information. First, you must provide your name, address, and contact details, as well as those of your attorney if applicable. You will also need to specify the type of family law issues involved in your case, such as child custody or spousal support. Additionally, you must estimate the time required for the trial. If child custody or visitation is an issue, you will need to indicate any mediation requirements as mandated by Family Code Section 3170.

What happens if parties disagree with the trial setting information?

If any party disagrees with the information or estimates provided in the Fam 014 form, they have 10 days from the service of the request to file their own request for trial setting. This allows them to present their own estimates or objections to the court. It is important to act quickly, as failure to respond within this timeframe may limit your options.

Are there any specific requirements for mediation in custody cases?

Yes, if child custody or visitation is an issue in the case, California law requires mediation to occur before or concurrently with the trial hearing. The Fam 014 form allows you to indicate whether the parties have been ordered to attend mediation services. This step is crucial, as it aims to facilitate resolution and reduce conflict regarding custody arrangements.

Common mistakes

Filling out the California Fam 014 form can be a straightforward process, but there are common mistakes that people often make. One significant error is failing to provide complete information in the sections regarding the petitioner and respondent. Missing names or incorrect case numbers can lead to delays in processing. It’s crucial to double-check that all names are spelled correctly and that the case number matches what is on file with the court.

Another frequent mistake involves the time estimate for the trial. Some individuals either underestimate or overestimate the time needed, which can affect how the court schedules the trial. Remember, if all parties do not agree on a time estimate of five hours or less, the case may not be set for trial as a short cause matter. Make sure to communicate with all parties involved to reach a consensus before submitting the form.

Additionally, many people overlook the requirement for mediation when child custody or visitation is an issue. Family Code Section 3170 mandates that mediation must occur before or concurrently with the hearing. If this step is not documented properly on the form, it could lead to complications later on. Ensure that mediation dates and times are clearly filled out, along with the address of the mediation services.

Another common oversight is neglecting to list all attorneys or parties representing themselves in the appropriate section. This part of the form is essential for keeping everyone informed about who is involved in the case. If any party is left out, it could lead to confusion or a lack of communication regarding trial settings and other important information.

People also sometimes forget to sign and date the form. This may seem minor, but an unsigned form is considered incomplete and can be rejected by the court. Always ensure that the signature is present, along with the date, to avoid unnecessary delays.

Lastly, many individuals fail to properly complete the proof of service section. This part confirms that all necessary parties have been notified about the trial setting request. If this section is not filled out correctly, it can create legal complications. Make sure to provide accurate information about how and when the documents were served, including any relevant addresses.

Documents used along the form

The California Fam 014 form, known as the Request for Trial Setting in Family Law, is an important document used in family law cases. It initiates the process of scheduling a trial after parties have reached a point where they are ready to present their case. Along with this form, several other documents are commonly utilized to ensure a smooth legal process. Below is a list of these documents, each serving a specific purpose in family law proceedings.

  • Proof of Service: This document verifies that all parties involved have been properly notified of the trial setting request. It is essential for ensuring that everyone has the opportunity to respond or participate in the proceedings.
  • Request for Order (RFO): This form is used to request specific orders from the court, such as child custody or support arrangements. It outlines the issues that need to be addressed during the trial.
  • Declaration: A declaration is a written statement made under penalty of perjury. It provides the court with relevant facts and evidence to support a party's position in the case.
  • Child Custody Evaluation: If custody is contested, the court may order an evaluation. This document contains the findings of a qualified professional who assesses the family situation and makes recommendations regarding custody arrangements.
  • Mediation Agreement: If parties participate in mediation, this document outlines the agreements reached during the mediation sessions. It can help streamline the trial process by resolving certain issues beforehand.
  • Financial Disclosure Forms: These forms require parties to disclose their financial information, including income, expenses, and assets. They are crucial for determining support obligations and property division.
  • Notice of Hearing: This document informs all parties of the date, time, and location of the upcoming trial or hearing. It ensures that everyone is aware and can prepare accordingly.

Understanding these documents can significantly aid individuals navigating the family law system in California. Each plays a vital role in ensuring that the trial process is fair and efficient, allowing for a resolution to family disputes.

Similar forms

The California Fam 014 form, which is a Request for Trial Setting in Family Law cases, shares similarities with several other legal documents used in family law proceedings. Below are four documents that are comparable to the Fam 014 form:

  • Request for Order (Form FL-300): This form is used to request a court order on specific issues such as custody, support, or property division. Like the Fam 014, it requires parties to outline the issues and provide a time estimate for the hearing.
  • Notice of Motion (Form FL-310): Similar to the Fam 014, this document notifies other parties of a motion being filed and outlines the issues to be addressed. Both forms require clear communication of the matters at hand to facilitate court proceedings.
  • Case Management Statement (Form CM-110): This form is used to summarize the status of a case and identify issues for trial. Like the Fam 014, it ensures that all parties are informed about the trial readiness and relevant issues, promoting efficient court management.
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105): This form is utilized to provide information about child custody matters. Both the Fam 014 and FL-105 emphasize the importance of child custody issues, requiring parties to disclose pertinent details for the court's consideration.

Dos and Don'ts

When filling out the California Fam 014 form, there are important guidelines to follow. Below is a list of things you should and shouldn't do:

  • Do provide accurate and complete information in all sections of the form.
  • Do check all applicable issues that relate to your case.
  • Do ensure that all parties involved are listed correctly, including their roles (Petitioner/Plaintiff or Respondent/Defendant).
  • Do estimate trial time accurately, as this affects how the case is scheduled.
  • Don't leave any required fields blank; incomplete forms may delay your case.
  • Don't forget to serve the form to all parties involved and keep proof of service.

Following these guidelines will help ensure that your request for trial setting is processed smoothly and efficiently.

Misconceptions

Understanding the California Fam 014 form is crucial for anyone involved in family law proceedings. However, several misconceptions about this form can lead to confusion. Here are six common misconceptions:

  • The form is only for divorce cases. The Fam 014 form is not limited to dissolution of marriage. It can also be used for legal separations, paternity issues, child custody, and support matters.
  • You do not need to estimate trial time. Every party must provide a time estimate for the trial. If the estimate is five hours or less, all parties must agree. Silence is considered agreement.
  • Mediation is optional if child custody is involved. This is false. Family Code Section 3170 mandates that mediation must occur before or concurrently with the hearing if child custody or visitation is at issue.
  • Filing the form guarantees a trial date. Simply submitting the Fam 014 form does not automatically secure a trial date. The court must review the form and ensure all requirements are met before scheduling.
  • Only attorneys can file this form. While attorneys often handle these matters, individuals representing themselves can also file the Fam 014 form. It is designed to accommodate both parties.
  • Proof of service is not necessary. This is incorrect. Proof of service is a critical part of the process. All parties must be notified, and proper documentation of this service must be included with the filing.

Clarifying these misconceptions can help individuals navigate the family law process more effectively and ensure compliance with court requirements.

Key takeaways

When filling out and using the California Fam 014 form, keep these key takeaways in mind:

  • Complete Information: Ensure that all required fields, such as names, addresses, and case numbers, are filled out accurately.
  • Type of Issues: Clearly check all applicable issues, such as dissolution, custody, or support. This helps the court understand the nature of your case.
  • Time Estimate: Provide a realistic estimate of trial time. Remember, all parties must agree on a short cause matter of 5 hours or less.
  • Mediation Requirement: If custody or visitation is involved, mediation is mandatory. Include the scheduled date and time for this process.
  • Service of Request: If you disagree with the trial setting information, file your own request within 10 days of receiving the original request.
  • Motion to Strike: If necessary, file a motion to strike a defective request within 10 days. Follow local rules for the appropriate court procedures.
  • Proof of Service: Complete the proof of service section carefully. This confirms that all parties have been notified of the trial request.
  • Signature Requirement: Sign the form to validate it. An unsigned form may be rejected by the court.

Act promptly to ensure compliance with deadlines and requirements. Taking these steps can help streamline the process and avoid unnecessary complications.