ALA FL-037 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, ALAMEDA COUNTY STREET ADDREsS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER: CASE NUMBER: APPLICATION AND ORDER TO APPEAR BY TELEPHONE 1. I, (name): for (name): 2. I ask the court to allow number: ( ) me , am the petitioner/plaintiff in this case. Other (specify): on (date): respondent/defendant other party attorney at (time): in Department: to appear from telephone of the above entitled court. 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.) a. b. c. d. e. 4. a. I live or work outside of the State of California in (specify location): I live in ________________ County in California, which is _______ miles from the above courthouse where the hearing is set. I am disabled. I am asking not to appear because of domestic violence. Other (specify): I have filed this request at least 12 court days before the hearing and have served or will serve all parties and attorneys, if any, with this form by personal delivery, fax, express mail, or other reasonable means to ensure delivery by the close of the next court day after filing this form. b. If there are financial issues to be decided, a current Income and Expense Declaration (Judicial Council form FL-150) or a Financial Statement (Simplified) (Judicial Council form FL-155) has been filed and served on all parties along with the request or response to the application to appear by telephone. c. I have complied with all requirements of Local Rule 5.37. 5. I agree to be responsible for the costs and arrangements of this telephone appearance if required by the court. 6. I have signed the declaration on the next page of this form indicating that all of the information on this page is true and correct. __________________________________________________________________________________________________________ ORDER: The application to appear by telephone is DENIED; GRANTED provided that the applicant arranges for, and pays any required fees to, CourtCall at (888) 882-6878; GRANTED provided that the applicant calls the court at the time set for the hearing at _________________________; GRANTED and the court will call the applicant at the number provided in line 2 of this form at some time during the morning or afternoon session at which the hearing is calendared. Date: _____________________________________________________ (JUDICIAL OFFICER) Form Adopted for Mandatory Use Superior Court of California, County of Alameda ALA FL-037 [NEW 01-01-2013] Page 1 of 3 Local Rule 5.37 APPLICATION AND ORDER TO APPEAR BY TELEPHONE American LegalNet, Inc. www.FormsWorkFlow.com ALA FL-037 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: 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. 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. 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. 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. 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. I understand that the court may decide at any time to require my personal appearance, continue my hearing, and order me to appear at the continued hearing. 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. 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 support 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. I understand that the court may require me to make all arrangements for the telephone appearance at my own expense. 2. 3. 4. 5. 6. 7. 8. 9. 10. I understand that if I have low income or no income, I may apply for a waiver of any filing fees and a 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 l