Free Telephone Appearance - California


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State: California
Category: Court Forms - Local
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http://www.sfgov.org/site/uploadedfiles/courts/TelephoneNotice416.pdf

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Information on Title IV-D Telephone Appearances in Department 416
It is a priority of the court that both parents be involved in child support hearings, as participation by both parents is important for fair and accurate child support orders. If you cannot appear in court in person, you may be able to appear by phone. Following is some information on how to request an appearance by telephone. For what types of hearings may I appear by phone? The following cases may appear before the court by telephone: upon request, the court may permit a telephone appearance in any hearing or conference related to a child support action when the local child support agency is providing services (under SSA, Title IV-D). The following cases may not appear before the court by telephone: any contested trials, contempt hearings, orders of examination, and any matter in which a party or witness has been subpoenaed to appear in person; and any hearing or conference the Court decides a personal appearance would materially assist. NOTE: If at any time during the hearing, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance. How do I make a request to appear by telephone? You must make your request on Request for Telephone Appearance (Governmental) (FL-679) form. This form is available in Department 402. How long before the hearing do I need to request to appear telephonically? Your request must be filed with the court clerk at least twelve (12) court days before the hearing. It must be served on all other parties, the local child support agency, and any attorneys in the case. How can I serve the other party or parties? Service must be by personal delivery, fax, express mail, or any other way that will ensure delivery to the other parties by the close of the next court day. Can another party oppose my request to appear by telephone? Yes. Any opposition to a request to appear by phone must be made by declaration under penalty of perjury, and filed with the court clerk and served at least eight (8) court days before the court hearing. Service of the opposition must be accomplished by personal delivery, fax, express mail, or any other way that will ensure delivery to the other parties by the close of the next court day. How will I know if the court grants my request for an appearance by telephone? At least five (5) court days before the hearing, the Court will notify you, all other parties, and any attorneys involved of its decision. The court may also direct the local child support agency, a party, or an attorney to provide the notification. The notice must be given by telephone, fax, express mail, e-mail, or any other way that will ensure timely notification. Can I change my mind after filing a telephone appearance request, and appear in person? Yes. If you have given notice that you intend to appear by telephone, and later choose to appear in person, you must notify the court and all other parties that have appeared in the action, by telephone, at least two (2) court days before the hearing.