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Stipulation And Order For Appointment And Payment Of Court Evaluator FAM-FCS006 - California
| Stipulation And 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 FOR PETITIONER/PLAINTIFF: STATE BAR NUMBER Reserved for Clerk's File Stamp NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEY FOR RESPONDENT/DEFENDANT: SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: STIPULATION AND ORDER FOR APPOINTMENT AND PAYMENT OF COURT EVALUATOR CASE NUMBER RELATED CASES (IF ANY) Pursuant to the provisions of the Family Code §3111, the parties, through their respective counsel, hereby stipulate to the appointment of the Court Evaluator to make an evaluation and report to the Court in this matter in reference to the custody and/or visitation of the minor child/children of the parties. It is further stipulated that said report shall be received in evidence without foundation and without objection to hearsay or any other objection. It is further stipulated that the report shall not be inspected by anyone other than counsel of record. NO ADDITIONAL COPIES SHALL BE MADE AND/OR DISTRIBUTED BY COUNSEL WITHOUT PRIOR ORDER OF THE COURT. The financial accounting of the report shall be file stamped, entered and placed in the court file. 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 (see rate schedule on reverse). 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 hourly rate. 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. The minor(s) is/are:_______________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________ THE INFORMATION REQUESTED ON THE CHILD CUSTODY INFORMATION FORM AND THE PARENT QUESTIONNAIRE FORMS WILL BE SUPPLIED FORTHWITH. Ì The Court finds that a fee waiver has been obtained; no deposit or fee for the report is required. Ì Pursuant to the Court's authority to order reimbursement for the services of the Evaluator (Family Code 3112) a deposit of $1200 is required. The deposit and any remaining costs are to be shared in the following manner: Petitioner ____________% Respondent ____________% FAM FCS 006 (REV. 1/13) FAM 025 (REV. 2/10) (Replaces FAM 025) PAGE 1 0F 2 0300 PC 180 American LegalNet, Inc. www.FormsWorkFlow.com Ì The Court determines that the parties are not able to afford the required deposit and orders. Petitioner to pay $______________ and Respondent to pay $______________. Any remaining costs shall be paid ______________% by Petitioner and ______________% by Respondent but shall not exceed $______________total. UNLESS OTHERWISE ORDERED, EACH PARTY SHALL PAY 50% OF THE COST OF THE EVALUATION. THE EVALUATION WILL NOT COMMENCE UNTIL THE DEPOSIT IS RECEIVED BY THE CHILD CUSTODY EVALUATIONS OFFICE. All payments shall be made by check or money order 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. Cash and credit card payments are accepted at the filing window at each district. If the case settles prior to the submission of the report to the court, the parties and their counsel shall notify the Child Custody Evaluations Office immediately. The parties will be billed only for the work completed to that date. 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. THE SUPERIOR COURT CASE NUMBER SHALL BE WRITTEN ON THE FACE OF EACH CHECK OR MONEY ORDER- DO NOT SEND CASH. Dated:___________________________ __________________________________________________ ___________________________________________________ COUNSEL FOR THE PETITIONER (SIGNATURE) COUNSEL FOR THE RESPONDENT (SIGNATURE) __________________________________________________ __________________________________________________ PETITIONER (SIGNATURE) RESPONDENT (SIGNATURE) Dated:___________________________ __________________________________________________ JUDGE OF THE SUPERIOR COURT Note: A copy of any order changing or modifying this order must be immediately delivered or mailed to the Evaluator's Office, Room 228 by the Court Clerk. CHILD CUSTODY EVALUATION
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