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Order Appointing Special Master (Attachment I) - California
| Order Appointing Special Master (Attachment I) Form. This is a California form and can be used in Family Law Juvenile Monterey Local County . |
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ATTACHMENT I ORDER APPOINTING SPECIAL MASTER SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY Marriage of Petitioner: Case No. ORDER APPOINTING SPECIAL MASTER and Respondent: _________________________________/ Good cause appearing thereof, pursuant to the stipulation of the parties, IT IS ORDERED, ADJUDGED AND DECREED THAT: Appointment of Special Master. 1. ___________________________ is appointed Special Master, to serve until his/her resignation or written agreement of the parties, further court order, or _______________, whichever first occurs. Powers of Special Master. 2. Level One. Subject to the stipulation of the parties (if indicated on Exhibit 1), the Special Master has the authority to make decisions regarding the issues set forth on Exhibit 1 and such decisions are effective as orders when made and will continue in effect unless modified or set aside by a court of competent jurisdiction. Special Master decision on these matters shall be communicated to parties/counsel in person, by telephone, mail, fax, and/or personal delivery and will take effect immediately. If the parties do no stipulate to the Special Master's authority to make decisions about the matters listed on Exhibit 1, those matters shall be subject to the Special Master's authority to make recommendations in accordance with Paragraph 3 of this order. 3. Level Two. The Special Master has the authority to make recommendations on the issues set forth on Exhibit 2, which recommendations shall be submitted to the court, which may approve them and enter them as court orders. Special Master recommendation on these matters shall be served on the Court/parties and counsel by mail, fax or personal delivery. The Special Master recommendations shall be subject to adoption by the Court as an order unless either party files and serves a motion objecting to entry of the order within 15 days of services of the recommendations. Either party January 1, 2006 American LegalNet, Inc. www.USCourtForms.com shall have the right to request a written explanation from the Special Master of any recommendation, which shall be proved within 20 calendar days to both parties, counsel and the court. 4. Level Three. The Special Master shall not make any recommendations which alter a child's primary residence, alter an award of physical custody, alter an award of legal custody, prohibits a party's contact with his/her children, or require or prohibit adherence to a religion. These decisions and other relating to issues not included among those assigned to the Special Master in Exhibits 1 and 2 of this order are reserved to the Monterey County Superior Court for adjudication, and may be presented to the court by either party or upon the recommendation of the Special Master without a recommendation as to outcome. Communications with the Special Master. 5. Both parties shall cooperate with the Special Master and shall be present when so requested by the Special Master. The Special Master may initiate contacts with the parties or counsel which are informal in nature, by telephone or in person. The Special Master has the authority to decide when and if to meet with the parties and to determine the protocol of all meetings including the power to determine who attends such meetings. 6. The parties and their attorneys may communicate ex parte with the Special Master, subject to reasonable limitations imposed by the Special Master. Any party may write to the Special Master, provided that copies are provided to the opposing party simultaneously and subject to reasonable limitations imposed by the Special Master. Counsel may initiate contact in writing with the Special Master, provided copies are provided to opposing counsel simultaneously. 7. The Special Master may communicate ex parte with the judge, at the discretion of the Special Master and the judge. Such communications shall be made only after giving notice to both parties; provided, however, that notice may be excused if notice would frustrate the very purpose of the communication. If the Special Master communicates with the judge without having given notice, (s)he shall notify the judge of that fact and his/her reasons for not giving notice. 8. Counsel or parties in pro per shall serve the Special Master with all pleadings and discovery relating to non-financial issues concerning the child(ren). 9. With the agreement of the parties and counsel, or upon court order, the Special Master may utilize consultants and/or assistants as necessary to assist the Special Master in the performance of the duties contained herein. January 1, 2006 American LegalNet, Inc. www.USCourtForms.com 10. The Special Master may request the appointment of a co-Special Master where issues arise which require the expertise of someone other than the Special Master. The powers of the co-Special Master shall be set forth in the order appointing the co-Special Master. 11. The parties shall sign all requested releases, including the release attached to this Order as Exhibit 3 and shall forthwith provide all relevant and reasonable records, documentation, and information requested by the Special Master. 12. No physician-patient or therapist-patient relationship and/or privilege between either party, the minor child(ren) and the Special Master is created by this order. Fees. 13. The Special Master's fees is $_______________ per hour. Time spent in interviewing, report preparation, review of records and correspondence, telephone conversation, travel, court preparation and any other time spent in connection with serving as Special Master will be billed at the same hourly rate. The Special Master's fee for Court appearances is $________________, per hour, including travel time to and from his/her office and waiting time. The Special Master may require an advance deposit in an amount to be agreed upon by him/her and the parties, subject to replenishment upon becoming diminished. 14. The Special Master shall be reimbursed for any reasonable expenses he/she incurs in association with his/her role as Special Master. These costs may include, but are not limited to the following: photocopies, messenger service, long distance telephone charges, postage, express and/or certified mail costs and excess postage to foreign countries, parking, tolls, mileage, other travel expenses and word processing. At the Special Master's discretion, fees for consultants or assistants agreed to ordered shall be paid directly to the provider or reimburse
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