CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Trials/Requests for Orders
.........Moving Papers
10 Cards On This Topic:
  • Time limits for filing moving and responding papers for motions.
  • Objections to declarations.
  • Must use Request for Order form for non-DVPA F/L motions.
  • Supporting memoranda generally not required in F/L requests for orders unless required by the Court.
  • Burden of proof is on moving party to prove facts essential to claim and on resisting party to prove facts essential to defense.
  • Income and Expense Declarations.
  • Amended I&E filed 5 days before hearing properly disregarded.
  • H's failure to timely raise lack of statutorily prescribed notice of hearing waived the defect.
  • The allegations of a brief are not evidence.
  • Declarations containing “general and vague charges” unsupported by evidentiary facts do not qualify as “competent or credible evidence” on which relief may be granted.