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Order For Appointment And Payment Of Court Evaluator FAM 026 - California
| Order For Appointment And Payment Of Court Evaluator Form. This is a California form and can be used in Family Law Los Angeles Local County . |
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NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY ATTORNEY FOR PETITIONER / PLAINTIFF: STATE BAR NUMBER Reserved for Clerk's File Stamp NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY ATTORNEY FOR RESPONDENT/ DEFENDANT: SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: ORDER FOR APPOINTMENT AND PAYMENT OF COURT EVALUATOR (SOLUTION-FOCUSED EVALUATION) CASE NUMBER: RELATED CASES (IF ANY) Pursuant to the provisions of the Evidence Code §730, the Court appoints a Child Custody Evaluator to conduct a Solution Focused Evaluation and make an oral report to the Court in this matter in reference to custody and visitation. It is further ordered that the cost of this service will be borne as set forth below, unless specifically waived by the Court. The fee for this service must be paid to the Child Custody Evaluations Office at 111 N. Hill Street, Room 228, Los Angeles, CA 90012, twenty-one (21) calendar days after the order is made or by the date of the evaluation, whichever comes first. Failure to do so will result in the cancellation of the evaluation. If your case settles after payment is made, you must notify the Child Custody Evaluations Office prior to the date of the evaluation in order to receive a full refund. Otherwise, a $50 administrative fee will be assessed. It is stipulated that any subpoena requiring the appearance of an Evaluator at trial or deposition will be hand delivered to the Child Custody Evaluations Office (111 North Hill Street, Room 228, Los Angeles, CA 90012) at least 10 days prior to the appearance date. It is further stipulated that the subpoenaing party shall deposit $951 for the appearance of an Evaluator at trial and $1268 for the appearance of an Evaluator at a deposition with the Child Custody Evaluations Office at least 10 days prior to the appearance date to cover the Evaluator's time. It is further stipulated that the Evaluator will be available for no more than four hours at a deposition and one day for a subpoena. The deposition will occur at the Stanley Mosk Courthouse in the Long Cause Trial courtroom. The deposition shall be set in the long cause department at a date and time cleared with the clerk of the long cause department in advance of the notice of deposition. The four hours of deposition shall be during hours that the long cause department is in session, between 9:15 a.m. and 12:00 noon and from 1:30 p.m. to 4:30 p.m. only and shall be completed on one calendar day. The party noticing the deposition must supply its own court reporter. The judge assigned to the long cause courtroom shall have the authority to issue immediate protective orders for the protection of the Evaluator-witness and may suspend the deposition in order that a party or evaluator, on noticed motion, may seek further order from the trial judge in charge of the case. If preparation, transcript review or other work associated with the subpoena exceeds the time covered by the deposit, the additional time will be billed at the current hourly Evaluator rate ($79.27 per hour). In the event that the deposition is canceled or postponed, the party requesting the deposition shall pay a reasonable fee representing the time and costs incurred by the child custody Evaluator in preparation for the deposition. A Subpoena Duces Tecum requires a consumer notice to the other party. The fee for copying of any record will be charged at the current copying rate. Records from the following agencies will be available only upon receipt of a specific court order of the Trial Court Judge: California Department of Justice, Department of Children and Family Services, and Juvenile Court. Pursuant to the Court's authority to order reimbursement for the services of the Court Evaluator (Evidence Code §730, §731, Family Code §3112) a fee of $738 is ordered payable by the parties with Petitioner to pay $ __________________ and Respondent to pay $ __________________ The Court determines that the parties are not able to afford the required fee and orders Petitioner to pay $ __________________ and Respondent to pay $ __________________ The Court finds that a fee waiver has been obtained; no fee for the Assessment is required. The following specific instructions are issued to the Child Custody Evaluator: __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________ IT IS SO ORDERED Dated: ______________________________ _____________________________________________________________ JUDGE OF THE SUPERIOR COURT Payments by check or money order shall be made PAYABLE TO LOS ANGELES SUPERIOR COURT, and should be mailed or delivered immediately to the Child Custody Evaluations Office, Room 228, 111 North Hill Street, Los Angeles, CA 90012. The name and address of any party who becomes delinquent in payments owed the court for work performed by the Child Custody Evaluations Office and the amount owed may be released to a collection agency of the court's choosing for the sole purpose of collecting the debt owed the court. FAM 026 Revised 3/10 ORDER FOR APPOINTMENT AND PAYMENT OF COURT EVALUATOR (Solution-Focused Evaluation) 0300 PC 182 American LegalNet, Inc. www.FormsWorkFlow.com
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