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Announcement from Judge Hurwitz on September 9, 2020 regarding hearings before DCSS

The following is a message from Judge Hurwitz.

Counsel:

We are seeing an inordinate number of cases in our DCSS Courts in which counsel are giving 3 and 4 hour time estimates; and in some cases, 1 day or longer estimates. Our DCSS Courts were not designed to deal with a flurry of such long cause cases.

The Child Support Courts were designed to afford low income parties with the ability to obtain a hearing for child support orders in a timely fashion. 

When Counsel come to these Courts and have not complied with the Statutory requirements to proceed, it impedes the Court’s ability to fulfill this function.

Counsel participating in DCSS Hearings in Orange County are asked to adhere to the following statutory requirements:

1.  In addition to the Standard Discovery Order issued in all DCSS cases by the Court, Counsel are directed to comply with Rule 702 of the Orange County Local Rules regarding production, exchange and filing of financial documents;

2.  Counsel are required to follow Rule 5.98 of the California Rules of Court. Meeting only with DCSS representatives DOES NOT satisfy this requirement. DCSS is one Party, not a representative of any other Party.

To the extent that Counsel do not comply with these Statutory requirements in a timely fashion, if they represent the moving Party, the matter may be taken off calendar.

To the extent that Counsel represents the responding Party, non-compliance may result in the issuance of the requested child support order as a temporary order until the next hearing; and if still no compliance, the temporary order may become permanent.

Additionally, the Court may set an OSC re sanctions pursuant to CCP section 177.5.

Thank you for your anticipated cooperation in this regard.

Sincerely,

Lon Hurwitz

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