Form Fl 679 – Fill Out and Use This PDF

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:	FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT:

CASE NUMBER:

REQUEST FOR TELEPHONE APPEARANCE

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.

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.

3.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.)

5.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.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:			
	(TYPE OR PRINT NAME)			(SIGNATURE)	Page 1 of 3
Form Adopted for Mandatory Use		REQUEST FOR TELEPHONE APPEARANCE			Family Code, § 4251;
	Judicial Council of California				Cal. Rules of Court, rules
	FL-679 [Rev. January 1, 2012]	(Governmental)			3.670, 3.1304, 3.1308, 5.324
					www.courts.ca.gov

FL-679

ADVISEMENT REGARDING TELEPHONE APPEARANCE

1.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.

2.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.

3.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.

4.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.

5.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.

6.I understand that the court may decide at any time to require my personal appearance and continue my hearing.

7.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.

8.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.

9.I understand that the court may require me to make all arrangements for the telephone appearance at my own expense.

10.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.

11.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).

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.

Date:



(TYPE OR PRINT NAME)

(SIGNATURE)

(Governmental)

FL-679

PROOF OF SERVICE

1.At the time of service I was at least 18 years of age and not a party to the legal action.

2.My residence or business address is (specify):

3.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.

(1) I enclosed a copy in an envelope and

(a)

deposited the sealed envelope with the U.S. Postal Service with the postage fully prepaid.

(b)

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.

(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):

		(3) Address Verification (please specify):
		(a)			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).
		(b)			The address for each individual identified in items 3a and 3b was
			(i)			verified by the California Child Support Enforcement System (CSE) as the current primary mailing
						address on file.
			(ii)			other (specify):
c.		Other (specify):

Additional page is attached.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

	
(TYPE OR PRINT NAME)		(SIGNATURE OF PERSON WHO SERVED REQUEST )

(Governmental)