Something as simple as a court date is convoluted in Alameda County. These tips can help you strategize and prevent you from inadvertently losing your case.
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Know your assigned court date, Judge, and department
- Familiarize yourself with Where can I find information about my case (DomainWeb)?
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Frequently check your upcoming court date
- Your hearing information (date, time, judge, department) can change up to the last minute without any notification from the court. Make a habit of checking DomainWeb frequently to make sure your hearing has not been moved up without warning.
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Know when the judge was appointed to your assigned department
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DwD cannot stress enough the importance of knowing when your judge was appointed to the department where your case will be heard. Read Will I have the same judge until my divorce is finalized?. In almost all cases it is better to have a court date that is several months after the new judge has been appointed, which usually occurs at the beginning of the year. This is particularly important if there are external influences such as Child Custody Recommending Counselor (CCRC) reports, mediation reports, or any experts weighing in on the case. A new judge will be overloaded and may not yet know the poor quality of the Family Law Division in Alameda County and the services it provides.
- Example: DwD has witnessed many judges relying heavily on CCRC reports when they are first appointed. As the year progresses, they tend to realize the reports are meaningless and prefer to make their own judgment on what is in the child's best interest.
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DwD cannot stress enough the importance of knowing when your judge was appointed to the department where your case will be heard. Read Will I have the same judge until my divorce is finalized?. In almost all cases it is better to have a court date that is several months after the new judge has been appointed, which usually occurs at the beginning of the year. This is particularly important if there are external influences such as Child Custody Recommending Counselor (CCRC) reports, mediation reports, or any experts weighing in on the case. A new judge will be overloaded and may not yet know the poor quality of the Family Law Division in Alameda County and the services it provides.
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Change your hearing date if needed
- Rarely will you be in front of the judge only once (even for a straightforward and amicable divorce). You can easily request a continuance by filing a continuance request [more information coming soon]. DwD recommends filing a date that is more than 3 months after the judge was appointed. Judges are normally appointed in January; scheduling your first hearing in April will allow you to schedule another hearing before the end of the year with the same judge. Judges are appointed to a department for a minimum of 1 year.