FL-679-INFO INFORMATION SHEET--REQUEST FOR TELEPHONE APPEARANCE ATTENTION: Read the Advisement Regarding Telephone Appearance on page 2 of FL-679, Request for Telephone
Appearance to understand your rights. You can get more information about the telephone appearance process, including any costs or fees for the provider of telephone services, from your local court clerk. Ask a family law facilitator, the local child support agency, or a lawyer if you have any questions about this process. For more information on finding a lawyer or family law facilitator, see the California Courts Online Self-Help Center at www.courtinfo.ca.gov/selfhelp.
Asking for a Telephone Appearance
1. You must use form FL-679 to request a telephone appearance. You may have to pay a filing fee. If you cannot afford to pay the filing fee, the court may waive it, but you will have to fill out some forms first. For more information about the filing fee, contact the court clerk or the family law facilitator in your county. 2. If you do not want to personally appear because of domestic violence and do not want your home phone number or work phone number listed at item 2 of form FL-679 or other potentially identifying information to be part of the public court record, check with your court clerk or local rules of court regarding any additional local procedures that may be available to protect your confidentiality. For example, some courts may allow you to provide your home phone number or work phone number directly to the court clerk and not disclose it on form FL-679. 3. For local information about telephone appearances, check with the local court clerk, family law facilitator, or local child support agency.
Instructions for Completing the Request for Telephone Appearance (Governmental) (form FL-679)
1. The court needs to know why you are requesting to appear by telephone. At item 3 of form FL-679, provide the information you would like the court to consider when making its decision. You can attach additional paper if you need more room to explain the circumstances that you want the court to consider in making its decision. If you submit an attachment, check the box at item 6 and indicate the number of pages that you are attaching. The court can still deny your request even if you have checked boxes and/or submitted an attachment. 2. File your request with the court clerk's office using form FL-679 no later than 12 court days before the hearing. (PLEASE NOTE: You must still file your moving or opposing papers within the time limits required by Code of Civil Procedure section 1005.) 3. Serve all parties (the local child support agency and other parent) and attorneys, if any, by personal delivery, fax, express mail, or other reasonable means to make sure that form FL-679 is delivered by the close of the next court day after you file it.
Opposing a Telephone Appearance
1. At least 8 court days before the hearing, you must file and serve a declaration under penalty of perjury under the laws of the State of California explaining why you oppose a telephone appearance by the other party or a witness. Your declaration must state "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." You may use Declaration (form MC-030), which you can get from the court clerk or the California Courts Web site at www.courtinfo.ca.gov/forms. If you do not file a declaration under penalty of perjury opposing a telephone appearance, you give up your chance to object. 2. Serve the person or agency requesting the telephone appearance, all parties (the local child support agency and other parent) and attorneys, if any, by personal delivery, fax, express mail, or other reasonable means to make sure your declaration is delivered by the close of the next court day after you file the form.
The Court's Decision on the Telephone Appearance
At least 5 court days before the hearing, the court will notify or direct that notice of its decision on the request for a telephone appearance be given to the person or agency requesting the telephone appearance, the parties, a parent who has not been joined to the action, and attorneys, if any. This notice may be given by telephone, in person, or by fax, express mail, e-mail, or other reasonable means to ensure notification no later than 5 court days before the hearing date.
Form Adopted for Mandatory Use Judicial Council of California FL-679-INFO [New January 1, 2008]
INFORMATION SHEET--REQUEST FOR TELEPHONE APPEARANCE (Governmental)
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