Fillable Request For Telephonic Appearance (Superior Court of California)

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Request For Telephonic Appearance (Superior Court of California)

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REQUEST FOR TELEPHONE APPEARANCE
Form Adopted for Mandatory Use
Judicial Council of California
FL-679 [Rev. January 1, 2012]
I, (name):
Page 1 of 3
(Governmental)
1.
2.
a.
b.
c.
4.
5.
a.
b.
c.
If there are domestic violence or other confidentiality issues in this case and you do not want your home or work phone
number made publicly available, provide another phone number in item 2 below. You will need to participate from this phone
number, unless other options are available under local rules or procedures. Check with your court clerk.
The LCSA makes this request on behalf of (insert reason for request at g)
f.
other parentrespondent/defendant attorney for (name):
other (specify): in this case.
local child support agency (LCSA) representative
Family Code, § 4251;
Cal. Rules of Court, rules
3.670, 3.1304, 3.1308, 5.324
www.courts.ca.gov
I agree to be responsible for the costs and arrangements of this telephone appearance if required by the court. If this telephone
appearance request is made by a LCSA on behalf of a party, parent, or witness, that person may be responsible for costs of the
telephone appearance as may be required by the court.
If there are financial issues to be decided, a current Income and Expense Declaration (form FL-150) or a Financial
Statement (Simplified) (form FL-155) has been filed and served on all parties along with the request or response to the
hearing. (Read page 2 of form FL-155 to determine which form to use.)
I have filed this request at least 12 court days before the hearing and have served or will serve all parties (the local child
support agency and other parent) and attorneys, if any, with this form by personal delivery, fax, express mail, or other
reasonable means to ensure delivery by the close of the next court day after filing this form.
I have complied with all requirements of the local rules of court for other supporting proof.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I live or work outside the state of California in (specify location):
.
I live in County in California, which is miles from the above courthouse where the hearing is set.
, am the
FL-679
CASE NUMBER:
REQUEST FOR TELEPHONE APPEARANCE
FOR COURT USE ONLY
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
(SIGNATURE)
(TYPE OR PRINT NAME)
Date:
I am disabled.
I will be incarcerated or confined in (specify): prison, jail, or other institution at the time of the hearing.
Number of pages attached:
6.
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.)
3.
e.
d.
I am asking not to appear personally because of domestic violence.
HEARING DATE: TIME: DEPT., ROOM, OR DIVISION:
See Information Sheet—Request for Telephone Appearance (form FL-679-INFO) for deadlines for filing this request, filing
any opposition, and service.
Other (specify):
g.
I ask the court to allow
me
to appear from telephone number ( )
set on (date) (time) in Department of the above-named court.
GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) OR
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
petitioner/plaintiff
Self Represented Litigant
San Bernardino
655 W. Second Street, 2nd Floor
San Bernardino, CA 92415
Child Support Courthouse
I know that I can personally appear at this hearing, and I give up that right. I agree to be duly sworn upon request by the court
clerk, holding up my right hand and agreeing under penalty of perjury under the laws of the State of California to tell the truth and
nothing but the truth.
I will provide my driver’s license number, social security number, or other information to verify my identity when asked by the court
staff or conference call provider.
I understand that if I need to present documents, present witnesses, cross-examine witnesses, or provide information that is not
available at the hearing, it is my responsibility to ask the court to continue the hearing. The court may decide to grant or deny my
request. I understand that any arguments or supporting proof should be served and filed on time before the hearing so that the
court, the local child support agency, and the other parent have an opportunity to know about my case.
I understand that the court may require me to make all arrangements for the telephone appearance at my own expense.
I assume the risks of cost, time, delay, repeated telephone calls, technical failure, a wrong number, and other problems that could
arise out of this telephone appearance. I understand that if problems occur, the matter may proceed without my personal or
telephone appearance and the court may decide my case based on the documents I filed for this hearing.
If there are financial issues to be decided, I understand that it is my responsibility to timely file with the court and serve on the
local child support agency and the other parent all necessary and appropriate pleadings and documents, including:
a. Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155), whichever is appropriate.
b. My pay stubs from the last two months or other proof of income.
c. The proposed guideline support calculation (optional unless required by local court rule).
I understand that the court may not have videoconferencing capabilities. I understand and assume the risk that I may not be able
to personally see or inspect the pleadings, documents, or evidence; the witnesses’ facial reactions, demeanors, or hand gestures;
or other visual or nonverbal aspects of the hearing.
I understand that the court, in its discretion, may decide to terminate the telephone appearance if it determines during the hearing
that a personal appearance would materially assist in the determination of the proceedings. Other reasons for terminating the
telephone appearance could include my not being available at the calendar call, delay, questions about credibility, disruption,
noise, misconduct, a communication problem, a technical problem, and other problems.
I understand that the court may decide at any time to require my personal appearance and continue my hearing.
I understand that if I do not make the proper arrangements for a telephone appearance as set out in local rules or in directions
provided by the court, the matter may proceed without my personal or telephone appearance and the court may decide my case
based on the documents I filed for this hearing.
ADVISEMENT REGARDING TELEPHONE APPEARANCE
I understand that if I have low income or no income, I may apply for a waiver of any filing fees and a possible waiver of
conference call vendor fees. If the court makes collect calls for telephone appearances and so orders me, I will be available to
receive a collect call from the court at the date and time specified. The telephone number will not be one that is blocked from
receiving collect calls. If there are domestic violence or other confidentiality issues in the case and I do not wish my home or work
phone number to be made publicly available, I may provide a number other than my home and work numbers at which the court
can call me collect. I understand that I can check with the local court clerk or local rules of court regarding any additional local
procedures that may be available to protect my confidentiality.
Page 2 of 3
REQUEST FOR TELEPHONE APPEARANCE
(Governmental)
FL-679 [Rev. January 1, 2012]
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT:
This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final
orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act
as a temporary judge unless, before the hearing, you or any other party objects to the commissioner’s acting as a temporary judge.
If you or the other party objects, the court commissioner may still hear your case to make findings and a recommended order to a
judge. If you do not like the recommended order, you must object to it within 10 court days in writing (use Notice of Objection
(Governmental) (form FL-666)); otherwise, the recommended order will become a final order of the court. If you object to the
recommended order, a judge will make a temporary order and set a new hearing.
I have read the Advisement Regarding Telephone Appearance section of this form and I understand that the terms apply to
me. If the LCSA is making this request, it verifies this advisement was provided to the party, parent, or witness, and that
person indicated that he or she understands that the terms apply to him or her.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(SIGNATURE)(TYPE OR PRINT NAME)
Date:
FL-679
REQUEST FOR TELEPHONE APPEARANCE
(Governmental)
PROOF OF SERVICE
At the time of service I was at least 18 years of age and not a party to the legal action.
My residence or business address is (specify):
I served a copy of the foregoing Request for Telephone Appearance (Governmental) and all attachments as follows (check a, b,
or c for each person served):
a. Personal delivery. I personally delivered a copy and all attachments as follows:
(1) Name of party or attorney served: (2) Name of local child support agency served:
(a) Address where delivered:
(a) Address where delivered:
(b) Date delivered: (b) Date delivered:
(c) Time delivered: (c) Time delivered:
b. Mail. I am a resident of or employed in the county where the mailing occurred.
(a) deposited the sealed envelope with the U.S. Postal Service with the postage fully prepaid.
(b)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Page 3 of 3
1.
2.
3.
placed the envelope for collection and mailing on the date and at the place shown below, following our
ordinary business practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage
fully prepaid.
(1) I enclosed a copy in an envelope and
(2)
Name of party or attorney served: (3) Name of local child support agency served:
(a) Address: (a) Address:
(b) Date mailed: (b) Date mailed:
(c) Place of mailing (city and state): (c) Place of mailing (city and state):
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT:
(SIGNATURE OF PERSON WHO SERVED REQUEST )(TYPE OR PRINT NAME)
Date:
FL-679 [Rev. January 1, 2012]
FL-679
(3) Address Verification (please specify):
(a)
(b)
verified by the California Child Support Enforcement System (CSE) as the current primary mailing
address on file.
other (specify):
The address for each individual identified in items 3a and 3b was
(ii)
(i)
I served a request to modify a child custody, visitation, or child support judgment or permanent order,
which included an address verification declaration (Declaration Regarding Address Verification—
Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334) may be
used for this purpose).
Additional page is attached.
c.
Other (specify):
American LegalNet, Inc.
www.FormsWorkflow.com
MC-025
CASE NUMBER:
SHORT TITLE:
ofPage
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
(Add pages as required)
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this
Attachment are made under penalty of perjury.)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009]
ATTACHMENT
www.courtinfo.ca.gov
to Judicial Council Form
Request for Telephone Appearance
Clear This Form
Follow these simple steps in order to successfully submit your Request for
a Telephone Appearance.
Review
If you have any questions about your forms, please bring them to the Family Law
Facilitator/Resource Center to have them reviewed or send an email to childsupportselfhelp@sb-
court.org The Request for Telephone Appearance Form is not complicated and you may feel
comfortable without having the form reviewed by us.
Fees
To file the Request for Telephone Appearance (FL-679), there is no court fee. However, there is
a fee for using the CourtCall service to make the telephone appearance. If you cannot afford the
fee, you may apply for a fee waiver. Submit your application and fee waiver order with the
Request for Telephone Appearance. Bring an extra copy of the Order on Court Fee Waiver when
you file your Request, because you will need an actual copy of the fee waiver order to give to
CourtCall to cover their charges.
Copy
Make 2-3 copies of your originals. The number depends upon whether the other parent is
involved in your hearing. If so, then you will need to make 3 copies of the Request for
Telephone Appearance (FL-679) form.
Serve
Someone other than yourself needs to mail a copy of the request to the other parties – the
Department of Child Support Services and the other parent (if applicable). The proper way to
perform the service is to have another adult (not you) mail one copy of your Request for
Telephone Appearance to each. That server person fills out the Proof of Service on page 3 of the
Request for Telephone Appearance form and signs it.
File
Take the original paperwork plus 1 copy to the clerk’s office to file. For government child support
cases, there is no filing fee for the Request. However, CourtCall does charge a fee for making
the conference call to the courthouse for you. If needed, you may also file a request to waive
fees to cover the cost of CourtCall. (Form FW-00_ & FW-003)
If you can’t come in person to file your documents, you may always mail them in to the clerk’s
Next Steps:
Request for Telephone Appearance
Government Child Support
Next Steps:
Request for Telephone Appearance
Government Child Support
office with a stamped, self-addressed envelope.
Note:
You can also fax file your Request for Telephone Appearance. You will incur the fees for
fax filing.
Please contact the clerk’s office with questions: (909) 386-9126 (San Bernardino Child Support
Courthouse) or (760) 245-6215 (Victorville Courthouse, Child Support)
Approved?
The clerk’s office will contact you and let you know if you Request for Telephone Appearance was
approved by the judge. You will then receive directions from the clerk’s office about how to
contact CourtCall.
Helpful Tips for Using CourtCall
www.courtcall.com
You can’t just call up CourtCall and pay the fees. CourtCall verifies the hearing date
and approval before providing services.
Once you are approved and you contact CourtCall, make sure to get written
confirmation from them. If you don’t have the confirmation, you may not have properly
arranged for their services.
If your hearing date cancels ahead of time, be sure to let CourtCall know prior to the
original date/time to get a refund or re-set.
If your hearing isn’t finished in one session, ask the judge during the hearing to allow
you to do CourtCall for the next session. If the Judge doesn’t put the approval on the minute
order, then you will need to submit a new Request for Telephone Appearance.
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Request For Telephonic Appearance (Superior Court of California)

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Completed 15 July 2020

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