Download California Fam 014 Form

What is the purpose of the California Fam 014 form?

The California Fam 014 form is used to request a trial setting in family law cases. It allows parties involved in a case to formally inform the court that they are ready for trial and wish to have a date set for the proceedings. This form is essential for moving forward in the legal process.

Who should fill out the Fam 014 form?

The form should be filled out by either the attorney representing a party or by a party who is representing themselves in a family law case. It is important that all relevant parties are included in the submission to ensure proper notification and compliance with court procedures.

What information is required on the Fam 014 form?

The form requires various pieces of information, including:

1. Name, address, and telephone number of the attorney or party without an attorney.
2. Names of the petitioner/plaintiff and respondent/defendant.
3. Case number.
4. Type of issues involved in the case, such as dissolution, child custody, or spousal support.
5. Time estimate for the trial.
6. Details about child custody mediation, if applicable.

What types of issues can be addressed in the Fam 014 form?

The form allows parties to indicate various family law issues, including:

• Dissolution of marriage
• Nullity
• Legal separation
• Paternity
• Visitation
• Injunctive orders
• Child custody
• Child support
• Spousal support
• Division of property
• Attorney fees and costs

What happens if parties disagree with the information provided in the Fam 014 form?

If any party disagrees with the information or estimates given in the Fam 014 form, they must serve and file their own Request for Trial Setting within 10 days of receiving the original form. This ensures that all parties have an opportunity to present their views to the court.

Is mediation required for child custody or visitation issues?

Yes, if child custody or visitation is an issue in the case, California Family Code Section 3170 requires mediation to occur before or concurrently with the hearing. The form will provide details about the scheduled mediation, including date, time, and location.

How should the Fam 014 form be served to other parties?

The form must be served to all attorneys or parties representing themselves involved in the case. This can be done by mail, and the person serving the form must complete a Proof of Service section included in the form to confirm that all parties have been properly notified.

What is the time estimate for trial that can be indicated on the Fam 014 form?

Parties are required to provide a time estimate for the trial in hours and days. However, cases will only be set for trial as a short cause matter if all parties agree to an estimate of 5 hours (1 day) or less. If a party does not respond, their silence will be considered as agreement.

What should be done if a Request for Trial Setting is defective or premature?

If a party believes that the Request for Trial Setting is defective or premature, they may file a motion to strike it. This motion must be supported by an affidavit or declaration and should be filed within 10 days after the service of the original request.

What is the significance of the signature on the Fam 014 form?

The signature on the Fam 014 form represents that the undersigned has served all essential parties with process or that they have appeared in the case. This is a critical step in ensuring that all parties are aware of the trial request and can prepare accordingly.

When filling out the California Fam 014 form, there are several important dos and don'ts to consider. Following these guidelines can help ensure a smoother process.

• Do provide accurate information for all required fields, including names, addresses, and contact details.
• Do check all applicable issues that pertain to your case. This helps the court understand the nature of your request.
• Do estimate the time needed for trial accurately. This is crucial for scheduling purposes.
• Do ensure that all parties involved are aware of and agree to the trial time estimate, especially if it is five hours or less.
• Do include all attorneys of record or self-represented parties in the designated section to avoid confusion.

• Don't leave any sections blank unless instructed. Incomplete forms can lead to delays.
• Don't forget to serve a copy of the Request for Trial Setting to all parties involved in the case.
• Don't underestimate the time required for trial. Providing a misleading estimate can complicate scheduling.
• Don't ignore the requirement for mediation if child custody or visitation is an issue. This step is mandatory under Family Code Section 3170.

By adhering to these guidelines, you can facilitate a more efficient trial setting process in California.

Misconception 1: The Fam 014 form is only for divorce cases.

This form is applicable to a variety of family law issues, not just dissolution of marriage. It can also be used for legal separation, paternity, child custody, and more.

Misconception 2: All parties must agree on the trial date before submitting the form.

While it is ideal for all parties to agree on the trial time estimate, silence from any party is considered agreement. If there is disagreement, a party can file their own request within ten days.

Misconception 3: Mediation is optional if child custody is an issue.

In fact, California Family Code Section 3170 mandates mediation for custody or visitation issues before or concurrently with the hearing. This step is essential for resolving such disputes.

Misconception 4: The time estimate for trial is just a suggestion.

The time estimate is critical. A case cannot be set as a short cause matter unless all parties agree on a trial time of five hours or less. Accurate estimation is necessary for scheduling purposes.

The California Fam 014 form, known as the Request for Trial Setting in Family Law, is a crucial document for initiating the trial process in family law cases. When filing this form, there are several other documents that may also be required or beneficial to ensure a smooth legal process. Below is a list of commonly used forms and documents that accompany the Fam 014.

• Proof of Service: This document confirms that all parties involved in the case have been notified about the trial setting request. It is essential for ensuring that everyone has the opportunity to respond or participate in the proceedings.
• Child Custody Mediation Agreement: If child custody or visitation is an issue, this document outlines the mediation process and any agreements reached during mediation. It is often required before the trial can proceed.
• Declaration of Disclosure: This form includes financial information from both parties, providing the court with a clear understanding of each party's financial situation. It is necessary for cases involving spousal support or child support.
• Request for Order (RFO): This document is used to ask the court for specific orders regarding various issues, such as child custody, support, or property division. It can be filed at the same time as the Fam 014 or later in the process.
• Notice of Hearing: This form informs all parties of the date, time, and location of the upcoming trial or hearing. It ensures that everyone involved is aware of the proceedings and can prepare accordingly.
• Case Information Statement: This document provides the court with essential details about the case, including the names of the parties, the nature of the dispute, and any relevant history. It helps the court to understand the context of the case before trial.

Using the appropriate forms and documents in conjunction with the California Fam 014 can help streamline the legal process and ensure that all parties are adequately informed and prepared for trial. Understanding these additional requirements is vital for anyone navigating the complexities of family law in California.