CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Trials/Requests for Orders
.........Moving Papers
9 Cards On This Topic:
Time limits for filing moving and responding papers for motions.
Objections to declarations.
Must use Request for Order form for non-DVPA F/L motions.
Supporting memoranda generally not required in F/L requests for orders unless required by the Court.
Burden of proof is on moving party to prove facts essential to claim and on resisting party to prove facts essential to defense.
Income and Expense Declarations.
H's failure to timely raise lack of statutorily prescribed notice of hearing waived the defect.
The allegations of a brief are not evidence.
Declarations containing “general and vague charges” unsupported by evidentiary facts do not qualify as “competent or credible evidence” on which relief may be granted.