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The California Fam 014 form plays a crucial role in family law proceedings, specifically for those seeking to set a trial date. This form is utilized by petitioners or plaintiffs in family law cases, including matters such as dissolution, legal separation, and child custody. It requires essential information, including the names and contact details of the involved parties and their attorneys, as well as the case number. A key feature of the Fam 014 is the request for trial setting, where the party must indicate the type of issues at stake and provide an estimated duration for the trial. The form also highlights the necessity for mediation in cases involving child custody or visitation, ensuring that parties engage in conflict resolution prior to the trial. Additionally, it outlines the process for parties who disagree with the trial setting details, emphasizing the importance of timely responses. With its structured format, the Fam 014 form facilitates a smoother transition through the court system, aiming to streamline the trial process for all involved.

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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

Form Specifications

Fact Name Details
Form Purpose The California Fam 014 form is used to request a trial setting in family law cases, including issues such as dissolution, child custody, and spousal support.
Governing Law This form is governed by the California Family Code, particularly Section 3170, which mandates mediation for child custody and visitation issues.
Time Estimate Requirement The form requires parties to provide an estimate of trial time. A case will not be set as a short cause matter unless all parties agree on an estimate of 5 hours or less.
Proof of Service Parties must serve the Request for Trial Setting on all essential parties. A proof of service by mail is included to ensure compliance with notification requirements.

California Fam 014: Usage Guidelines

Filling out the California Fam 014 form is a crucial step in preparing for a family law trial. This document requests the court to set a date for your trial, ensuring that all necessary information is provided for a smooth process.

  1. Provide Your Contact Information: At the top of the form, enter the name, address, and telephone number of your attorney or, if you are representing yourself, your own information. Include the State Bar number if applicable.
  2. Identify the Attorney for the Case: Write the name of the attorney representing the petitioner/plaintiff or respondent/defendant.
  3. Fill in the Courthouse Address: Enter the address of the Superior Court of California, County of Los Angeles.
  4. List the Petitioner and Respondent: Clearly state the names of the petitioner/plaintiff and respondent/defendant.
  5. Enter the Case Number: Include your specific case number assigned by the court.
  6. Indicate the Type of Issues: Check all applicable boxes that describe the issues in your case, such as dissolution, child custody, or spousal support.
  7. Estimate Trial Time: Provide your estimate for how many hours and days the trial will take. Remember, if the total is 5 hours or less, all parties must agree.
  8. Mediation Information: If child custody or visitation is an issue, indicate whether mediation has been ordered and provide the date, time, and address for the mediation session.
  9. List Attorneys or Parties: Below the mediation section, list all attorneys of record or parties representing themselves, specifying whether they represent the petitioner/plaintiff or respondent/defendant.
  10. Proof of Service: Complete the proof of service section to confirm that all essential parties have been served with the request for trial setting.
  11. Sign and Date: Finally, sign and date the form, ensuring that your name is printed or typed next to your signature.

After completing the form, make sure to file it with the court and serve copies to all relevant parties. This ensures that everyone involved is informed about the trial setting request and can respond appropriately.

Your Questions, Answered

What is the purpose of the California Fam 014 form?

The California Fam 014 form, also known as the Request for Trial Setting in Family Law, is used to notify the court that a case is ready for trial. It allows parties involved in a family law case to formally request a trial date, ensuring that all necessary steps have been taken to prepare for the hearing.

Who should complete the Fam 014 form?

The form should be completed by either a party involved in the case or their attorney. It is essential that the person filing the form has a thorough understanding of the case and can accurately represent the issues at hand.

What information is required on the Fam 014 form?

The form requires several key pieces of information, including the names and contact details of the parties involved, the case number, and the type of issues being addressed (such as custody, support, or property division). Additionally, an estimate of the time needed for the trial must be provided.

What happens if parties disagree on the trial time estimate?

If there is disagreement regarding the trial time estimate, any party not in agreement must file their own Request for Trial Setting within ten days of receiving the initial request. This ensures that the court is aware of differing views and can make an informed decision.

Is mediation required for child custody or visitation issues?

Yes, if child custody or visitation is an issue in the case, California Family Code Section 3170 mandates that mediation must occur before or at the same time as the hearing. This is intended to facilitate a resolution that is in the best interest of the child.

What should I do if I believe the Fam 014 form is defective?

If you believe the form is defective or premature, you can file a motion to strike it. This motion must be supported by an affidavit or declaration and filed within ten days of the service of the Request for Trial Setting. Be sure to check local rules for specific procedures and deadlines.

How is proof of service handled with the Fam 014 form?

Proof of service must be included with the Fam 014 form to demonstrate that all parties have been notified. This involves detailing how and when the form was mailed or served to the involved parties, ensuring compliance with legal requirements.

What is the significance of the trial attorney's information on the form?

The trial attorney's information is crucial as it identifies who will represent each party during the trial. This helps the court and other parties know who to contact regarding the case and ensures proper communication throughout the legal process.

Can the Fam 014 form be amended after it has been filed?

Yes, if there are changes that need to be made after filing the Fam 014 form, an amended version can be submitted. However, it is important to ensure that all parties are informed of any amendments to maintain transparency and avoid confusion.

Common mistakes

  1. Failing to include the attorney's name, address, and phone number. This information is crucial for communication regarding the case.

  2. Not indicating the correct case number. Each case has a unique identifier, and using the wrong number can lead to confusion.

  3. Leaving the type of issue(s) section incomplete. It's important to check all applicable boxes to clearly state the matters at hand.

  4. Underestimating or overestimating the time needed for trial. Accurate estimates help the court schedule effectively.

  5. Ignoring the requirement for mediation if child custody or visitation is involved. This step is mandatory and must be documented.

  6. Not listing all attorneys of record or parties representing themselves. Complete information is necessary for all involved parties.

  7. Failing to sign the form. A signature is essential to validate the request.

  8. Not providing proof of service. This ensures that all parties have been notified of the trial setting request.

  9. Missing the deadline for filing a Request for Trial Setting if there are disagreements. This can affect the progress of the case.

  10. Using outdated or incorrect form versions. Always ensure you are using the most current version of the form.

Documents used along the form

When navigating family law cases in California, various forms and documents are often used alongside the California Fam 014 form. Understanding these documents is crucial for ensuring a smooth legal process. Below is a list of commonly utilized forms that may accompany the Fam 014.

  • Request for Order (Form FL-300): This form is used to ask the court for specific orders regarding child custody, support, or other family law matters. It initiates a hearing where the requesting party can present their case.
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105): This document provides the court with information about the child's residence history and any prior custody proceedings, ensuring compliance with jurisdictional requirements.
  • Proof of Service (Form FL-335): This form is essential for documenting that all parties involved have been properly served with legal documents, ensuring that everyone is informed about the proceedings.
  • Child Custody and Visitation Application (Form FL-311): This application details the proposed custody and visitation arrangements, helping the court understand the best interests of the child.
  • Income and Expense Declaration (Form FL-150): Required for determining child and spousal support, this form provides a comprehensive overview of the parties’ financial situations.
  • Spousal Support Declaration (Form FL-157): This document outlines the requesting party's need for spousal support and the other party's ability to pay, aiding the court in making informed decisions.
  • Child Support Worksheet (Form FL-155): This worksheet calculates the amount of child support based on the parties' incomes and other relevant factors, streamlining the support determination process.
  • Judgment (Form FL-180): This form is used to finalize the court's decisions regarding the case, including custody, support, and property division, and is essential for closing the legal matter.
  • Notice of Motion (Form FL-300): This form notifies all parties about a motion being filed, ensuring transparency and allowing for adequate preparation for the hearing.

Utilizing these forms effectively can significantly impact the outcome of family law proceedings. Each document serves a specific purpose, and ensuring they are completed accurately and submitted timely is essential for a favorable resolution.

Similar forms

  • California Fam 013 Form: This document also serves as a request for trial setting in family law cases, focusing on similar issues such as custody and support. It requires parties to indicate their readiness for trial and provides space for estimates of trial duration.
  • California Fam 015 Form: Like the Fam 014, this form is used for trial settings but specifically addresses matters of child custody. It includes sections for mediation details and parties' information.
  • California Fam 016 Form: This form is utilized to request a trial setting for spousal support issues. It includes similar sections for party identification and time estimates, ensuring all relevant details are captured.
  • California Fam 017 Form: Similar to the Fam 014, this document is for requesting trial settings in cases involving property division. It emphasizes the need for accurate time estimates and outlines the necessary procedural steps.
  • California Fam 018 Form: This form focuses on paternity cases and follows a similar structure to the Fam 014, allowing parties to submit their trial readiness and provide necessary case details.
  • California Fam 019 Form: This document is aimed at cases involving legal separation. It mirrors the Fam 014 in format and content, ensuring clarity in the trial setting process.
  • California Fam 020 Form: Used for nullity cases, this form shares a similar purpose with the Fam 014, allowing parties to indicate their readiness for trial and provide estimates for trial duration.
  • California Fam 021 Form: This document addresses visitation rights and follows the same procedural guidelines as the Fam 014, facilitating a clear request for trial setting.
  • California Fam 022 Form: This form is related to attorney fees and costs, paralleling the Fam 014 in its request for trial setting while focusing on financial aspects of family law disputes.

Dos and Don'ts

When filling out the California Fam 014 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are seven things you should and shouldn't do:

  • Do provide your complete name, address, and telephone number at the top of the form.
  • Don't leave any sections blank; fill out all required fields to avoid delays.
  • Do check all applicable issues in the type of issues section to clearly indicate your case's nature.
  • Don't underestimate the time needed for trial; provide a realistic estimate to prevent scheduling issues.
  • Do include the names and contact information of all attorneys involved in the case.
  • Don't forget to sign and date the form; an unsigned form may be rejected.
  • Do keep a copy of the completed form for your records after submission.

Misconceptions

Understanding the California Fam 014 form is essential for anyone involved in family law cases. However, several misconceptions can lead to confusion. Below is a list of ten common misconceptions about this form, along with clarifications to help you navigate the process more effectively.

  • Misconception 1: The Fam 014 form is only for divorce cases.
  • This form is used for various family law issues, including legal separation, paternity, child custody, and more. It is not limited to divorce proceedings.

  • Misconception 2: You must have an attorney to submit the form.
  • While having an attorney is beneficial, individuals can represent themselves and submit the Fam 014 form without legal representation.

  • Misconception 3: The form guarantees a trial date.
  • Submitting the Fam 014 form does not automatically secure a trial date. The court will review the request and determine if it can be set for trial based on the information provided.

  • Misconception 4: You can estimate trial time without consulting other parties.
  • All parties involved must agree on the estimated trial time. If there is no response, silence will be interpreted as agreement.

  • Misconception 5: Mediation is optional if child custody is an issue.
  • According to Family Code Section 3170, mediation is mandatory for child custody or visitation issues before or during the hearing.

  • Misconception 6: The form is only for cases in Los Angeles County.
  • While the form is specifically designed for Los Angeles County, similar forms exist for other counties in California, each tailored to local court requirements.

  • Misconception 7: You can ignore a defective or premature request.
  • If you disagree with the information provided in the Fam 014 form, you must file a request on your behalf within 10 days of service.

  • Misconception 8: The form does not require proof of service.
  • Proof of service is essential. The party submitting the form must ensure that all essential parties have been served with the request.

  • Misconception 9: You can submit the form at any time without consequences.
  • There are specific timelines and procedures for submitting the Fam 014 form, and failing to follow them can result in delays or dismissal of your request.

  • Misconception 10: The form is only relevant for immediate trial settings.
  • The Fam 014 form can also be used for future trial settings, not just immediate ones, depending on the case's circumstances.

Being informed about these misconceptions can help you approach the family law process with greater clarity and confidence. Always consider consulting a legal professional for guidance tailored to your specific situation.

Key takeaways

When filling out and using the California Fam 014 form, there are several important considerations to keep in mind. Here are key takeaways:

  • Complete Information: Ensure that all required fields, such as names, addresses, and case numbers, are filled out accurately.
  • Indicate the Type of Issues: Check all applicable issues related to your case, such as dissolution or child custody, to provide clarity to the court.
  • Time Estimate: Provide a realistic estimate of trial time. If all parties agree on a time of 5 hours or less, the case may be set as a short cause matter.
  • Mediation Requirement: If child custody or visitation is involved, mediation is required before the hearing, as per Family Code Section 3170.
  • List All Attorneys: Include the names and contact information of all attorneys involved in the case, indicating their role for clarity.
  • Proof of Service: Ensure that all essential parties have been served with the Request for Trial Setting, as this is crucial for the legal process.
  • Timely Responses: Any party not in agreement with the information must file their own request within 10 days after service to ensure their position is considered.

These points will help in effectively navigating the process associated with the California Fam 014 form.