Fillable TRIAL SETTING INSTRUCTIONS: OBTAINING A JUDGMENT OF DISSOLUTION, (California)

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TRIAL SETTING INSTRUCTIONS: OBTAINING A JUDGMENT OF DISSOLUTION, (California)

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Superior Court of California, County of Sacramento
Family Law & Probate
Page 1 of 6
(Revised 2/4/19)
TRIAL SETTING INSTRUCTIONS: OBTAINING A JUDGMENT OF
DISSOLUTION, NULLITY OR LEGAL SEPARATION WHEN A
RESPONSE HAS BEEN FILED AND/OR YOU DO NOT AGREE
Why Is A Settlement Conference Required?
Many parties find it easier to comply with court orders made by agreement rather than orders
imposed by a Judge. In recognition of this, the Court requires all parties who request a Trial to
first attend a mandatory Settlement Conference. The purpose of the Settlement Conference is to
provide the parties with an opportunity to settle unresolved issues without a Trial and to have an
opportunity to have a final say in the outcome of the dissolution. Otherwise, at Trial, the Judge
has the final say. If all issues can be resolved at the Settlement Conference, then the Trial date
can be vacated or canceled. However, if both parties fail to attend the Settlement Conference or
file a Statement of Issues, neither party will be permitted to attend the Trial date and the Trial
date will be dropped from the Court’s Calendar.
Preliminary Steps
Before using these instructions, the following must be completed:
A Response to the Petition has been filed.
Both the Petitioner’s and Respondent’s Preliminary and Final Declarations of Disclosure
are completed and served on the other spouse and Declaration Regarding Service of
Declaration of Disclosure (FL-141) has been properly completed and filed with the court by
both parties.
You have responded to all discovery requests from the other party.
Information needed to complete Memorandum to Set
Date Petition was filed.
Date the Response was filed.
If you do not agree on all issues involved in your case, you may want to have the Judge decide
those issues. The Judge will make a decision on the issues after considering all the relevant
evidence presented to the Court by the parties. You must complete several steps before you
appear in front of a Judge. These instructions describe what you must do. If you want legal
advice or assistance, you should consult a private attorney. The Family Law Facilitator’s
Office can help you with some of the steps, but is not permitted to give legal advice or to
represent you in Court. *NOTE: If either party is incarcerated, that party will not be transported
to the court date(s) and it is possible that the court date(s) will be dropped without that party’s
attendance.
Superior Court of California, County of Sacramento
Family Law Facilitator’s Office
Page 2 of 6
2/28/2019
Both parties’addresses (or the other party’s attorney’s address).
Documents & Materials Needed to File
Memorandum to Set, Local form (FL/E-LP-625).
Memorandum to Set – (FL/E-LP-625)
This form is used to request Settlement Conference and Trial dates to finish your case.
The section at the top of the form is called the “caption” and must be completed before forms can
be filed. It is helpful if you use middle initials or full middle name and suffix, e.g., Jr., II, or III
when completing the forms.
In the top left box of the caption, print your full name, full mailing address, telephone number
with area code and email address. In the space next to where it says "ATTORNEY FOR" print
the words “In Pro Per.” This means that you are acting as your own attorney in this case.
In the second box down on the left side of the caption, the Court’s name and address may already
appear. If not, please print the following information starting right after where it says “Superior
Court of California, County of”:
Sacramento
3341 Power Inn Road, Room 100
Sacramento, California 95826
Family Relations Courthouse
In the third box down on the left side of the caption, print the full name of the party that
opened/filed the case next to the word “Petitioner” and the name of the other party (or person
that was originally served) next to “Respondent.” In the fourth box down on the left side of the
caption, if there is a third party(ies) or other parent, write in the word “Claimant” and print the
full name of that person next to the word “Claimant.”
In the second box down on the right side of the caption, print the case number.
In the fourth box down check the box next to “Memorandum to Set (Family Law)”.
After the words “Nature of Case:” check the box for “Family Law.”
Item 1. Check the box for either Petitioner or Respondent to indicate that you have completed
your financial disclosures. If the other party has also completed his or her disclosures, check
both boxes. Disregard the box next to the word “Claimant,” unless there is a “Claimant” in your
case, then mark the box. If there is a claimant, a copy of the Memorandum to Set and the
Statement of Issues and Contentions will need to be served on the claimant also.
Item 2. There is nothing to complete.
Superior Court of California, County of Sacramento
Family Law Facilitator’s Office
Page 3 of 6
2/28/2019
Item 3. Certain issues may be given priority in the scheduling of Settlement Conference and
Trial dates. Because preferences can be complex, if you wish to request one, please utilize the
resources available at the Law Library or consult a private attorney. If you are not able to claim
a preference or you do not wish to claim a preference, you may leave this section blank.
Item 4. Check the box that is closest to the time you think it will take for both sides to present
their cases. In most cases ½ a day is more than sufficient time to have your case heard.
Item 5. Print the dates the Petition and Response were filed. You will find the date stamped in
the upper right corner of each filed document that says “for Court use only’. If you are unsure,
you can review your file in the Records Department located in Room 102 or check with the
Family Law Facilitator’s Office.
Read Item 6. There is nothing to complete.
Item 7. Print your name, address and telephone number next to either Petitioner or Respondent.
Print your spouse’s name next to the appropriate party designation. If your spouse has an
attorney, print the attorney’s name and address below your spouse’s name. If he or she does not
have an attorney, print your spouse’s address. If there is a Claimant, complete that section as
well. If you have changed your address, you must complete the Notice of Change of Address or
Other Contact Information form (Judicial Council Form MC-040) and submit with the
Memorandum to Set.
Completing the two boxes on page 2:
First, you must contact all other parties (or their attorney) regarding scheduling the Settlement
Conference and Trial dates. If you are unable to reach all other parties, you will need to keep
trying until you are able to discuss the dates. If the other parties are represented by an attorney,
call the attorney’s office. Ask the other party(ies) if they agree to request the first available dates
or if they have specific dates that they are available or are not available.
(Trial Section)
Before completing the box on page 2 that says “Trial”, try to agree with the other party(ies) to at
least three dates on which to schedule a Trial date. Trials are scheduled on Thursdays and
Fridays. Trials, 2 days in length, are heard on Thursday and the subsequent Friday. If there are
specific dates that you or the other party(ies) are not available then you can request “any date
but” the dates either of you are not available. Available dates may be found on the court’s
Public Notice at: https://www.saccourt.ca.gov/family/family-law.aspx.
If both you and your spouse are able to agree upon dates, then print the dates next to the agreed
upon dates in the “Trial” portion of the box of page 2 for the Petitioner, and for the Respondent.
If one or the other of you is available only on certain dates, then print those dates next to the
available dates for each party. If you are merely concerned with having the soonest possible
Trial date, print “first available,” next to either Petitioner’s Available or Agreed Dates, and/or the
Respondent’s Available or Agreed Dates, and/or the Claimant’s (if there is one) Available or
Agreed Dates for the appropriate party.
If you are unable to reach an agreement on dates with the other party or attorney, use the space
provided to explain why you were unable to agree. You must make several attempts to contact
Superior Court of California, County of Sacramento
Family Law Facilitator’s Office
Page 4 of 6
2/28/2019
the other party, at different times of the day or by alternate means and this should be included in
the explanation.
If the dates that you request on your Memorandum to Set, (FL/E-LP-625) are not available, your
form will not be filed, and you will be notified by the court.
(Settlement Conference Section)
You will also need to complete the Settlement Conference section box. To complete the box on
page 2, you will try to agree on Settlement Conference dates approximately one week prior to
your Trial date. Settlement Conferences are held on Tuesdays, Wednesdays, Thursdays and
Fridays. In the “Settlement Conference” portion of the box on page 2, print the agreed upon
dates or available dates for the Petitioner and the Respondent. Once again if you are merely
concerned with having the soonest possible settlement conference date, print “first available”
next to the appropriate box, provided both parties agree.
If you are unable to reach an agreement on dates with the other party or attorney, use the space
provided to explain why you were unable to agree. You must make several attempts to contact
the other party, at different times of the day or by alternate means and this should be included in
the explanation.
Keep in mind that Settlement Conference and Trial dates are firm, meaning they cannot be
moved to suit the convenience of the parties. Therefore it is essential that you specify any dates
when you or the other party are not available.
Service of the Memorandum to Set
Before you may file this form, you must have a copy of it served on your spouse or their
attorney, by a 3
rd
party, over the age of 18, who is not a party to the case. Have this person
complete the Proof of Service section at the bottom of the page before making 2 copies and
mailing one to your spouse or attorney. The form must be mailed on the date indicated on the
Proof of Service.
Filing the Memorandum to Set
File the original Memorandum to Set (FL/E-LP-625) and a copy with the court; via in
Department 128, mail or drop box. You will be notified by mail of your Settlement Conference
and Trial dates, or Trial Setting Conference approximately two weeks later.
St
atement of Issues, Contentions and Proposed Disposition of the Case (Pre-Trial
Statement)
The Statement of Issues, Contentions and Proposed Disposition of the Case (otherwise known as
a statement of issues) is used to identify the issues that are resolved and those that need to be
resolved. A Statement of Issues is available on the Court’s website at:
http://www.saccourt.ca.gov/family/docs/fl-statement-of-issues.pdf, and comes with its own
instructions. For more information or to find out what is required in the “Statement of Issues,
Contentions and Proposed Disposition of the Case” see Sacramento Superior Court Local Rule
5.29.
Twenty days before your Mandatory Settlement Conference you must serve (by a 3
rd
party
who is not a party to the case and over the age of 18) by mail on the other party or his or her
Superior Court of California, County of Sacramento
Family Law Facilitator’s Office
Page 5 of 6
2/28/2019
attorney a “Statement of Issues, Contentions and Proposed Disposition of the Case.” Once
the Statement of Issues has been served, you must then file the original and three copies with the
court (via in Department 128, mail or drop box), along with the completed Proof of Service by
Mail (FL-335).
If neither party complies with this requirement, the settlement conference and/or trial
dates will be dropped. But if the party that requested the Settlement Conference and Trial
has completed the necessary paperwork, that party will have the choice, and can request
that the trial move forward.
Duty to Meet and Confer
No later than five (5) court days before the Settlement Conference date, you and the other party
must meet and attempt to resolve the issues contained in the Statements of Issues. You may
meet in person or by telephone. If both you and the other party are self-represented and there is a
Domestic Violence Restraining Order in effect, you are not required to Meet and Confer.
Settlement Conference
At the Settlement Conference you and your spouse (and your spouse’s attorney if there is one),
will meet with a temporary judge who will assist you in attempting to reach an agreement. If
you are able to settle all issues, you will need to restate the agreement in Court for the Judge to
confirm and put it on the record. At the conclusion of the Settlement Conference, if you are able
to reach an agreement, both of you will each receive a yellow Minute Order and blue Stipulation
describing the terms of your agreement. BE SURE TO CHECK THESE FORMS TO ENSURE
THAT THEY CORRECTLY REFLECT YOUR AGREEMENT.
If you are not represented by an attorney you may obtain assistance from the Family Law
Facilitator’s Office in having this written agreement typed into a formal Judgment. Bring the
yellow minute order, blue stipulation (if you received one), any documents you were ordered to
complete, one 9” X 12” envelope addressed to you with enough postage to mail all documents
back to you and one legal size #10 envelope, addressed to the other party (and one for the
claimant, if there is one), with one stamp on it to the Family Law Facilitator’s Office for further
assistance in preparing the formal Judgment. You will be asked to complete a Judgment
Preparation Request form and a Child Support Case Registry form (FL-191) if there are minor
children.
Once the Family Law Facilitator’s Office has typed your stipulation, you will be notified that it
is ready for both parties (and the claimant, if there is one) to review and sign. You do not need
to sign at the same time. Once all parties have signed the stipulation, it will then be sent to the
Judge for signature.
Trial
If you and your spouse are unable to reach a full agreement at the Settlement Conference, the
case will be confirmed to the Trial date.
Superior Court of California, County of Sacramento
Family Law Facilitator’s Office
Page 6 of 6
2/28/2019
At the Trial, the Judge will hear all the evidence and make decisions about any unresolved
issues. The Judge’s decision will be recorded on a yellow Minute Order. The Judge will order
one of the parties to prepare a formal Judgment from the Minute Order.
The Family Law Facilitator’s Office can type the Judgment for you so long as you were not and
are not represented by an attorney. In order to request this service, you must provide the Family
Law Facilitator’s Office with your yellow Minute Order and any attachments, your Family Court
Services report if it was adopted, one 9” X 12” envelope addressed to yourself with enough
postage to mail all documents back to you and one legal size #10 envelope, addressed to the
other party (and one for the claimant, if there is one), with one stamp on it, as well as any other
documents the Judge ordered you to complete before your Judgment can be signed by the Judge.
You will be asked to complete a Judgment Preparation Request form and a Child Support Case
Registry form (FL-191) if there are minor children. Your divorce is not final until the date listed
on your judgment. You should not make any plans to remarry until after the date indicated on
your judgment. Your final judgment and “Notice of Entry of Judgment” will be mailed to you in
the envelope that you provided once the judge has signed it. A copy of the “Notice of Entry of
Judgment” only, will be mailed to your spouse in the envelope provided.
FL/E-LP-625
Page 1 of 3
FL/E-LP-625 (Revised 01/13/20) Memorandum to Set
Mandatory
Local Rule 5.26
www.saccourt.ca.gov
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO
ATTORNEY FOR: (Name)
For Court Use Only
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS: 3341 Power Inn Road
MAILING ADDRESS: Same
CITY AND ZIP CODE: Sacramento, CA 95826
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
MEMORANDUM TO SET (FAMILY LAW)
AMENDED MEMORANDUM TO SET (FAMILY LAW)
CASE NUMBER:
NATURE OF CASE: [ ] Family Law [ ] Paternity [ ] Other: ______________________________
1. [ ] Petitioner [ ] Respondent [ ] Claimant has complied fully with all disclosure, access, and
accounting requirements under Family Code section 721, 1100(e), and (applicable to all proceedings
filed after January 1, 1993) Family Code section 2100 et seq.
2. Declarant has responded fully to all discovery propounded by the opposing party or parties and there is
no discovery for which there was an objection.
3. If preference is claimed, cite code:
_______________________________________________________.
4. Estimated time for trial: (Please check only one box below)
[ ] 1/2 day [ ] 1 day [ ] 2 days [ ] Other: _____ days
5. Date petition filed: _________________________ Date response filed: _______________________
6. I hereby represent that all essential parties have been served with process or appeared, and this action
is at issue as to all such parties, and I know of no further pleadings to be filed.
7. Indicate below names of party/parties being represented and trial counsel:
Petitioner(s): Claimant(s):
Attorney: Attorney:
Address: Address:
Telephone: Telephone:
Respondent(s):
Attorney:
Address:
Telephone:
FL/E-LP-625
Page 2 of 3
FL/E-LP-625 (Revised 01/13/20) Memorandum to Set
Mandatory
Local Rule 5.26
www.saccourt.ca.gov
NOTICE
Family law trials will be set on Thursdays and Fridays only at 8:30 a.m., in the department of the supervising family law judge, and a
settlement conference will be scheduled one week before the trial in Dept. 128. Trials, 2 days in length, are scheduled on Thursday and
the subsequent Friday.
Completion of the Settlement Conference section below is mandatory.
MEMORANDUM THAT FAMILY LAW CASE IS AT ISSUE
Trial: The following dates are AVAILABLE OR AGREED upon for trial for the respective parties during the
period commencing typically no sooner than 55 days after and ending no later than 100 days after the date of
filing the at-issue memorandum. (Please refer to NOTICE above.)
Petitioner's Available or Agreed Dates: ________________________________________________________
Respondent's Available or Agreed Dates: ______________________________________________________
Claimant's Available or Agreed Dates: _________________________________________________________
Settlement Conference: The following dates are AVAILABLE OR AGREED upon for settlement conference
for the respective parties.
Petitioner's Available or Agreed Dates: ________________________________________________________
Respondent's Available or Agreed Dates: ______________________________________________________
Claimant's Available or Agreed Dates: _________________________________________________________
FL/E-LP-625
Page 3 of 3
FL/E-LP-625 (Revised 01/13/20) Memorandum to Set
Mandatory
Local Rule 5.26
www.saccourt.ca.gov
I, the undersigned declare, I am the attorney for or petitioner/respondent/claimant in this action. I have
attempted to obtain dates that the other party will be available for settlement conference/trial and have been
unable to determine such dates for the following reason(s):
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
_______________________ ______________________________________________________
DATED
(ATTORNEY FOR) PETITIONER/RESPONDENT/CLAIMANT
PROOF OF SERVICE
I served the Memorandum To Set by depositing a copy thereof in sealed envelopes, postage prepaid,
in the United States mail, addressed to each party or attorney of record at the addresses indicated on the front
of this form, on ______________________________ at ___________________________, California.
At the time of service, I was at least 18 years of age, a United States citizen, employed/residing in the
county where the mailing occurred, and not a party to the action. My residence/business address is:
______________________________________________________________________________________.
I declare under penalty of perjury that the foregoing is true and correct.
_______________________ ______________________________________________________
DATED
DECLARANT
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TRIAL SETTING INSTRUCTIONS: OBTAINING A JUDGMENT OF DISSOLUTION, (California)

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