California Rules of Court Rule 5.118

Rule 5.118 has been repealed effective January 1, 2013. It has been replaced with Rule 5.111.

Rule 5.111. Declarations supporting and responding to a request for court order

Along with a Request for Order (form FL-300) or a Responsive Declaration (form FL-320), a party must file a supporting declaration with the court clerk and serve it on the other party. The declarations must comply with the following requirements:

(a) Length of declarations

A declaration included with a request for court order or a responsive declaration must not exceed 10 pages in length. A reply declaration must not exceed 5 pages in length, unless:

(1)

The declaration is of an expert witness; or

(2)

The court grants permission to extend the length of a declaration.

(b) Form, format, and content of declarations

(1)

The form and format of each declaration submitted in a case filed under the Family Code must comply with the requirements set out in California Rules of Court, rule 2.100 et seq.

(2)

A declaration must be based on personal knowledge and explain how the person has acquired that knowledge. The statements in the declaration must be admissible in evidence.

(c) Objections to declarations

(1)

If a party thinks that a declaration does not meet the requirements of (b)(2) the party must file their objections in writing at least 2 court days before the time of the hearing, or any objection will be considered waived, and the declaration may be considered as evidence. Upon a finding of good cause, objections may be made in writing or orally at the time of the hearing.

(2)

If the court does not specifically rule on the objection raised by a party, the objection is presumed overruled. If an appeal is filed, any presumed overrulings can be challenged.

Rule 5.111 adopted effective January 1, 2013.

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