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Request To Appear By Telephone And Order D-259 - California
| Request To Appear By Telephone And Order Form. This is a California form and can be used in Family San Diego Local County . |
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 CENTRAL DIVISION, MADGE BRADLEY, 1409 4TH AVE., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITIONER(S) RESPONDENT(S) JUDGE/DEPT REQUEST TO APPEAR BY TELEPHONE AND ORDER (Family - Non-Governmental) 1. I, attorney for 2. I ask the court to allow me to appear from telephone number ( in Department ) , am the petitioner CASE NUMBER respondent other parent/claimant in this case. on at a.m. p.m. of the above named court. Family Resolution Conference (FRC) 3. The type of hearing I am requesting to appear by telephone is: Request for Order (RFO) Other: (specify) 4. I would like the court to consider the following information in making its decision whether to allow a telephone appearance (check all that apply). (Note: The court can still deny your request even though boxes are checked.) a. b. I live or work outside of the State of California, in (specify location): I live or work in the hearing is set. c. d. e. I am disabled. I am asking not to appear personally because of domestic violence. I will be incarcerated or confined in (specify) time of the hearing. f. g. 5. I they I am an attorney and have a work conflict. Other: have do have not contacted the opposing party(s) about this request. do not object to this request. The opposing party(s) indicated that prison, jail, or other institution at the county, which is miles from the courthouse where It is unknown whether or not the opposing party(s) object. TERMS AND CONDITIONS FOR A TELEPHONE APPEARANCE 1. Eligibility for a telephone appearance is not available if the applicant has been ordered to personally appear at the hearing. 2. The court has discretion to permit a telephone appearance if it is appropriate, or to deny the request if it determines that a personal appearance would materially assist in the determination of the proceedings or the effective management or resolution of the case. 3. At any time during the telephone appearance, the court may determine that a personal appearance is necessary, continue the matter, and require a personal appearance. SDSC D-259 (New 1/13) REQUEST TO APPEAR BY TELEPHONE AND ORDER (Family - Non-Governmental) Cal. Rules of Court, rule 5.9; SDSC Local Rule 5.2.6 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com SHORT TITLE CASE NUMBER 4. Information to verify your identity over the telephone must be provided upon the court's request. 5. Procedures for a telephone appearance may vary among the different departments. It is the party or attorney's responsibility to know and comply with these departmental procedures. 6. The court will try to accommodate unexpected problems associated with a telephone appearance; however, absent good cause, the matter may proceed without the applicant's appearance or a continuance, and the court may decide the matter based on the information and evidence before it. 7. An appearance by telephone does not relieve a party or attorney of any obligations otherwise associated with a personal appearance, including the timely filing, service, and lodgment of all documents. 8. An appearance by telephone does not grant a party or attorney any additional rights otherwise not associated with a personal appearance, including the opportunity to inspect documents or evidence properly submitted by another party and the ability to see all nonverbal aspects of the hearing. 9. A request to appear by telephone must be filed with the court and served on all parties at least ten (10) court days before the scheduled hearing date. I HAVE READ AND UNDERSTAND ALL OF THE ABOVE TERMS AND CONDITIONS FOR A TELEPHONE APPEARANCE, AND AGREE TO BE BOUND BY THEM. TO THE BEST OF MY KNOWLEDGE, I AM ELIGIBLE FOR THIS TELEPHONE APPEARANCE. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Type or Print Name FINDINGS AND ORDER The request to appear by telephone on at a.m. p.m. in Department Signature is: GRANTED. The court finds that an appearance by telephone for this hearing is appropriate under the circumstances at this time. DENIED. The court finds that an appearance by telephone for this hearing is not appropriate under the circumstances. OTHER ORDERS. IT IS SO ORDERED. Date: Judge/Commissioner of the Superior Court CERTIFICATE OF SERVICE I certify that I am not a party to the above-entitled cause, that I placed a copy of this form in a sealed envelope addressed to the parties shown with postage prepaid, and deposited it in the United States mail at Chula Vista El Cajon San Diego Vista, California. Clerk of the Superior Court Date: by , Deputy SDSC D-259 (New 1/13) REQUEST TO APPEAR BY TELEPHONE AND ORDER (Family - Non-Governmental) Cal. Rules of Court, rule 5.9; SDSC Local Rule 5.2.6 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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