I am just too good
VeronicaGia said:
What is the name of your state? CA
Is there a specific form to request a telephonic hearing for a child support modification? I've searched the CA forms website to no avail. If there is no form, how does one formally ask for a telephonic hearing?
Thanks
My response:
There is no such State of California "form". However, after you read the following rules, I have supplied a skeleton "Notice" pleading for your use.
Telephonic appearance: Telephone appearances are proper in any conference or hearing at which witnesses are not expected to be called to testify. [Ca Govt § 68070.1; Ca Rules of Court Rule 298(b) (eff. 2003)]
Exceptions: Personal appearances are still required at settlement conferences and case management conferences; and the court may require personal appearance at any other conference or hearing in which it determines that personal appearance "would materially assist in a determination of the proceeding or in resolution of the case." [Ca Rules of Court Rule 298(c)]
Parties may appear by telephone at a case management conference if the court has adopted rules permitting telephonic appearance. [Ca Rules of Court Rule 298(c)(2)
A party choosing to appear by telephone must either:
-- place the words "Telephone Appearance" below the title of that party's moving or opposing papers; or
-- notify the court and all other parties of the party's intent to appear by telephone at least 5 court days before the hearing. [Ca Rules of Court Rule 298(d)]
The notice may be oral or written, but if oral it must be given either in person or by telephone. [Ca Rules of Court Rule 298(d)]
If the notice is written, it must be given by filing and serving a "Notice of Intent to Appear by Telephone" at least 5 court days before the hearing. The notice must be served by personal delivery, fax, express mail or other means reasonably calculated to ensure delivery to the parties no later than the close of the next business day. [Ca Rules of Court Rule 298(d)]
Subsequent notice of intent to appear in person:
If you change your mind and decide to appear in person, you must telephone the court and all other parties who have appeared in the action by telephone at least 2 court days before the hearing. [Ca Rules of Court Rule 298(d)]
..................................
State Bar No. ....................
..................................
..................................
Attorney for .....................
..................................
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ..........
.............................. ) CASE NO. ...................
)
Plaintiff, ) HEARING: ... (date/time) ...
) DEPT. NO. ..................
vs. ) NATURE OF MOTION: ..........
)
.............................. ) NOTICE OF INTENT TO APPEAR
) BY TELEPHONE
Defendant. )
) TRIAL DATE: ... (if set) ...
______________________________ )
TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT the undersigned, as counsel for ...........
............................, intends to appear by telephone, rather
than in person, at the hearing on the above-referenced matter.
DATED: ...................., ....
/s/
------------------------------
Attorney for .................
