California

Family Law

Family Law

Rule 5.97 – Time frames for transferring jurisdiction

(a)Application

This rule applies to family law actions or family law proceedings for which a transfer of jurisdiction has been ordered under part 2 of title 4 of the Code of Civil Procedure.

(b)Payment of fees; fee waivers

Responsibility for the payment of court costs and fees for the transfer of jurisdiction as provided in Government Code section 70618 is subject to the following provisions:

(1) If a transfer of jurisdiction is ordered in response to a motion made under title 4 of the Code of Civil Procedure by a party, the responsibility for costs and fees is subject to Code of Civil Procedure section 399(a). If the fees are not paid within the time specified in section 399(a), the court may, on a duly noticed motion by any party or on its own motion, dismiss the action without prejudice to the cause of action. Except as provided in (e), no other action on the cause may be commenced in another court before satisfaction of the court’s order for fees and costs or a court-ordered waiver of such fees and costs.
(2) If a transfer of jurisdiction is ordered by the court on its own motion, the court must specify in its order which party is responsible for the Government Code section 70618 fees. If that party has not paid the fees within five days of service of notice of the transfer order, any other party interested in the action or proceeding may pay the costs and fees and the clerk must transmit the case file. If the fees are not paid within the time period set forth in Code of Civil Procedure section 399, the court may, on a duly noticed motion by any party or on its own motion, dismiss the action without prejudice to the cause or enter such other orders as the court deems appropriate. Except as provided in (e), no other action on the cause may be commenced in the original court or another court before satisfaction of the court’s order for fees and costs or a court-ordered waiver of such fees and costs.
(3) If the party responsible for the fees has been granted a fee waiver by the sending court, the case file must be transmitted as if the fees and costs were paid and the fee waiver order must be transmitted with the case file in lieu of the fees and costs. If a partial fee waiver has been granted, the party responsible for the fees and costs must pay the required portion of the fees and costs before the case will be transmitted. In any case involving a fee waiver, the court receiving the case file has the authority under Government Code section 68636 to review the party’s eligibility for a fee waiver based on additional information available to the court or pursuant to a hearing at final disposition of the case.
(4) At the hearing to transfer jurisdiction, the court must address any issues regarding fees. If a litigant indicates they cannot afford to pay the fees, a fee waiver request form should be provided by the clerk and the court should promptly rule on that request.
(c)Time frame for transfer of jurisdiction

After a court orders the transfer of jurisdiction over the action or proceeding, the clerk must transmit the case file to the clerk of the court to which the action or proceeding is transferred within five court days of the date of expiration of the 20-day time period to petition for a writ of mandate. If a writ is filed, the clerk must transmit the case file within five court days of the notice that the order is final. The clerk must send notice stating the date of the transmittal to all parties who have appeared in the action or proceeding and the court receiving the transfer.

(d)Time frame to assume jurisdiction over transferred matter

Within 20 court days of the date of the transmittal, the clerk of the court receiving the transferred action or proceeding must send notice to all parties who have appeared in the action or proceeding and the court that ordered the transfer stating the date of the filing of the case and the number assigned to the case in the court.

(e)Emergency orders while transfer is pending

Until the clerk of the receiving court sends notice of the date of filing, the transferring court retains jurisdiction over the matter to make orders designed to prevent immediate danger or irreparable harm to a party or the children involved in the matter, or immediate loss or damage to property subject to disposition in the matter. When an emergency order is requested, the transferring court must send notice to the receiving court that it is exercising its jurisdiction and must inform the receiving court of the action taken on the request. If the court makes a new order in the case, it must send a copy of the order to the receiving court if the case file has already been transmitted. The transferring court retains jurisdiction over the request until it takes action on it.

Cal. R. Ct. 5.97

Rule 5.97 adopted effective January 1, 2019.