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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE (The Superior Court of California - County of Orange)

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Form # L-0965
Revised 12/15/2016
ORDER APPOINTING EXPERT (EC 730)
(NOT TO BE USED FOR CHILD CUSTODY/VISITATION EVALUATIONS)
Page 1 of 4
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address):
Telephone No.: Fax No. (Optional):
E-Mail Address (Optional):
ATTORNEY FOR (Name): Bar No:
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Lamoreaux – 341 The City Drive, Orange, CA 92868-3205
Central – 700 Civic Center Drive West, Santa Ana, CA 92701
PETITIONER:
RESPONDENT:
ORDER APPOINTING EXPERT (EC §730)
CASE NUMBER:
1. APPOINTMENT OF EXPERT:
(referred to as “EXPERT ”) is appointed as the Court’s
EXPERT under California Evidence Code section 730 unless EXPERT notifies the Court within 10 days of
notification that EXPERT chooses not to accept the appointment. The EXPERT’s contact information is:
Address: Telephone:
Facsimile:
Email:
2. TASKS OF EXPERT:
A. The EXPERT is deemed qualified to perform the following tasks and must do so, provided that the
parties comply with the p rovisions set forth below regarding COMPENSATION, DOCUMENTS,
AND INFORMATION, and subject to the provision regarding WITHDRAWAL.
Perform an analysis of Petitioner's Respondent's income available for support.
Perform an analysis of the community property interest in the business known as:
as of the most practical date nearest .
Prepare a valuation of the community’s interest in stock options in:
.
Calculate the income tax consequences of:
.
Calculate the community and separate property interest in that certain real property located at
(address):
.
Case Name: Case Number:
Form # L-0965
Revised 12/15/2016
ORDER APPOINTING EXPERT (EC 730)
(NOT TO BE USED FOR CHILD CUSTODY/VISITATION EVALUATIONS)
Page 2 of 4
Prepare a written tracing of:
.
Prepare an analysis of Petitioner's Respondent's separate property claims relating to:
.
Prepare an analysis and quantification of Petitioner's Respondent's reimbursement claims:
.
Calculate child and/or spousal support arrearages including interest due.
Assist with settlement.
Other:
.
B. If there is any dispute over the scope of the work, the EXPERT may request a conference call with
the Court and the attorneys or self-represented parties according to the provisions in paragraph 7
below.
3. FACTS
A. The parties’ date of marriage is
.
B. The parties’ date of separation is:
Agreed as .
Disputed. The claims of the parties are:
Petitioner:
Respondent:
4. COMPENSATION
A. Under most circumstances, the EXPERT will request that the parties and their counsel execute a
fee schedule or engagement agreement before they will accept the assignment contained in this
Order.
B. Payment of Fees and Retainer will be as follows:
(1) The retainer of the EXPERT in the amount of $
will be pai d forthwith
within days and will be applied to the final invoice. Any unused portion of the
retainer will be refunded by EXPERT at the conclusion of EXPERT’s services.
Case Name: Case Number:
Form # L-0965
Revised 12/15/2016
ORDER APPOINTING EXPERT (EC 730)
(NOT TO BE USED FOR CHILD CUSTODY/VISITATION EVALUATIONS)
Page 3 of 4
(2) The retainer will be paid as follows:
(a)
The Petitioner must pay EXPERT the sum of $ .
(b)
The Respondent must pay the EXPERT the sum of $ .
(c)
The party listed below must pay the entire retainer:
Petitioner
Respondent
(d)
Other:
.
(e)
The provision for the payment of the retainer is without prejudice; the Court retains
jurisdiction to later order a different allocation of payment, between the parties.
(3) The billed amounts must be paid on a timely basis as follows:
(a)
By withdrawal from the account located at ,
account number (last four digits)
. Either pa rty is
authorized to make such withdrawal.
(b)
The Petitioner and Respondent must pay the billed amounts within 15 days receipt
of invoice in the following percentages:
Petitioner
%
Re spondent
%
(c)
Other:
.
(d)
The provision for the payment of the billed amounts is without prejudice; the Court
retains the jurisdiction to later order a different allocation of payment, between the
parties.
5. DOCUMENTS AND INFORMATION
A. The tasks assigned to the EXPERT cannot be completed without the necessary documents and
information.
B. The parties must provide all re cords requested by the EXPERT, subject to objections based on
privilege, within twenty (20) days of receipt of a written request.
C. Each party must provide timely responses to questions of the EXPERT.
D. If requested by the EXPERT, the parties must provi de the EXPERT with written authorizations
directing third parties to provide documents, records and/or information.
6. COMMUNICATION
A. The EXPERT shall have the right to initiate contact with any party or their counsel, ex parte. In the
event that c ounsel for any party, or any party, communicates with the EXPE RT in writing, s aid
counsel, or p arty, must se nd a co py of such co mmunications to the oppo sing counsel, or if the
party is self-represented, to such party directly.
B. The attorneys must notify EXPERT of all c ourt dates. The EXPERT may parti cipate telephonically
regarding scheduling of meetings and/or hearings and the status of EXPERT’s work.
Case Name: Case Number:
Form # L-0965
Revised 12/15/2016
ORDER APPOINTING EXPERT (EC 730)
(NOT TO BE USED FOR CHILD CUSTODY/VISITATION EVALUATIONS)
Page 4 of 4
7. DISPUTES
EXPERT may initiate cont act with the Court to obtain the Court’s assistance in resolving disputes relating
to the completion of the EXPERT’s assignment, such as, but not limited to, the production of documents,
the scope of the assignm ent, scheduling of court appearances, the payment of EXPERT’s fees, or any
issue related to a breach of this Order.
A. Prior to initiating such contact with the Court, EXPERT must give written notice to each side of the
nature of the dispute and EXPERT’s intention to notify the Court at least two business days prior to
contacting the Court.
B. At the direc tion of the Court’s clerk, contact by the EXPERT with the c ourt must be by letter, by
telephone conference call, by declaration or by motion filed by the EXPERT.
C. Any telephone conference call must include parties and their counsel, if represented.
D. Any written communication must be copied to counsel for the parties or the party if the party is in
self-represented.
8. PROCEDURES FOR REPORTING
A. At any time the EXPERT shall be entitled to provide a status report to the Court. The status report
must be communicated according to the provision above.
B. The parties agree to meet with the EXPERT and counsel after the report is finished.
C. Alternatively, the EXPERT may c hoose to distribute a draft report to c ounsel for the parties , or to
the parties directly if they are self-represented. At such meeting, or within 10 days of meeting or
receipt of report, the parties agree to provide to the EXPERT, in writing, any and all objec tions to
the findings and conclusions, any additional factual information they believe the EXPERT should
consider and/or any errors they believe the EXPERT made.
D. If 10 days is not sufficient, counsel for the parties, or the party if the party is self-represented, may
request additional time, up to a maximum of 30 days. EXPERT’s report not being delivered to the
court and counsel for the parties, or the party if the party is self-represented, at least 10 days prior
to the hearing or trial, will be grounds for a continuance.
E. The final report of the EX PERT must be sent to Court and copies provided to counsel for the
parties, provided that the parties have complied with the provisions set forth herein including the
COMPENSATION AND DOCUMENTS AND INFORMATION provisions.
F. The final report of the EXPERT must be admitted into evidence at any hearing or trial in this matter,
over any hearsay and foundation objections, subject to cross examination.
G. If either party wishes to cross-examine the EXPERT, that party will give EXPERT no less than five
(5) business days written notice and must advance the fees requested by EXPERT to prepare for
and appear at the hearing, subject to reimbursement or reallocation of th e court. Fees for
preparing and appeari ng, as requested by EXPERT must be tendered no less than t wo (2)
business days prior to the appearance.
H. If at any point the provisio ns regarding compensation of this Order, or the engagement agreement
between the parties and the EXPERT, have not been c omplied with, the EXPERT shall be entitled
to stop all work or refuse to issue their draft or final report.
Dated:
JUDGE/COMMISSIONER OF THE SUPERIOR COURT
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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