Last updated: 1/25/2021
Request To Appear By Telephone And Order {D-259}
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Description
SDSC D-259 (Rev. 12/13) REQUEST TO APPEAR BY TELEPHONE AND ORDER Cal. Rules of Court, rule 5.9; SDSC Local Rule 5.2.6 (Family - Non-Governmental) Page 1 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO.(Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101 CENTRAL DIVISION, MADGE BRADLEY, 1409 4TH AVE., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITIONER(S) RESPONDENT(S) JUDGE/DEPT REQUEST TO APPEAR BY TELEPHONE AND ORDER (Family - Non-Governmental) CASE NUMBER When requesting to appear by telephone due to a disability, please use Request for Accommodations by Persons with Disabilities and Response (JC Form #MC-410) in place of this form. 1. I, , am the petitioner respondent other parent/claimant attorney for in this case. 2. I ask the court to allow me to appear from telephone number ( ) on a.m. p.m. in Department of the above named court. 3. The type of hearing I am requesting to appear by telephone is: Family Resolution Conference (FRC) Request for Order (RFO) Other: (specify) 4. I would like the court to consider the following information in making its decision whether to allow a telephone appearance (check all that apply). (Note: The court can still deny your request even though boxes are checked.) a. I live or work outside of the state of California, in (specify location): b. I live or work in county, which is miles from the courthouse where the hearing is set. c. I am asking not to appear personally because of domestic violence. d. I will be incarcerated or confined in (specify) prison, jail, or other institution at the time of the hearing. e. I am an attorney and have a work conflict. f. Other: 5. I have have not contacted the opposing party(s) about this request. The opposing party(s) indicated that they do do not object to this request. It is unknown whether or not the opposing party(s) object. TERMS AND CONDITIONS FOR A TELEPHONE APPEARANCE American LegalNet, Inc. www.FormsWorkFlow.com SDSC D-259 (Rev. 12/13) REQUEST TO APPEAR BY TELEPHONE AND ORDER Cal. Rules of Court, rule 5.9; SDSC Local Rule 5.2.6 (Family - Non-Governmental) Page 2 of 2 SHORT TITLE CASE NUMBER 3. At any time during the telephone appearance, the court may determine that a personal appearance is necessary, continue the matter, and require a personal appearance. 4. Information to verify your identity over the telephone must be provided upon the court222s request. 5. Procedures for a telephone appearance may vary among the different departments. It is the party or attorney222s responsibility to know and comply with these departmental procedures. 6. The court will try to accommodate unexpected problems associated with a telephone appearance; however, absent good cause, the matter may proceed without the applicant222s appearance or a continuance, and the court may decide the matter based on the information and evidence before it. 7. An appearance by telephone does not relieve a party or attorney of any obligations otherwise associated with a personal appearance, including the timely filing, service, and lodgment of all documents. 8. An appearance by telephone does not grant a party or attorney any additional rights otherwise not associated with a personal appearance, including the opportunity to inspect documents or evidence properly submitted by another party and the ability to see all nonverbal aspects of the hearing. 9. A request to appear by telephone must be filed with the court and served on all parties at least ten (10) court days before the scheduled hearing date. I HAVE READ AND UNDERSTAND ALL OF THE ABOVE TERMS AND CONDITIONS FOR A TELEPHONE APPEARANCE, AND AGREE TO BE BOUND BY THEM. TO THE BEST OF MY KNOWLEDGE, I AM ELIGIBLE FOR THIS TELEPHONE APPEARANCE. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Type or Print Name Signature FINDINGS AND ORDER The request to appear by telephone on at a.m. p.m. in Department is: GRANTED. The court finds that an appearance by telephone for this hearing is appropriate under the circumstances at this time. DENIED. The court finds that an appearance by telephone for this hearing is not appropriate under the circumstances. OTHER ORDERS. IT IS ORDERED. Date: Judge/Commissioner of the Superior Court CERTIFICATE OF SERVICE I certify that I am not a party to the above-entitled cause, that I placed a copy of this form in a sealed envelope addressed to the parties shown with postage prepaid, and deposited it in the United States mail at Chula Vista El Cajon San Diego Vista, California. Clerk of the Superior Court Date: by , Deputy American LegalNet, Inc. www.FormsWorkFlow.com