Rule 5.324.Telephone appearance in title IV-D hearings and conferences

Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.324 governs telephone appearances in government child support hearings — but is suspended until January 1, 2027, with rule 3.672 applying instead.

Full Text of Rule 5.324

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Purpose

This rule is suspended from January 1, 2022, to January 1, 2027. During that time, the provisions in rule 3.672 apply in its place.

(b) Definition

“Telephone appearance,” as used in this rule, includes any appearance by telephonic, audiovisual, videoconferencing, digital, or other electronic means.

Upon request, the court, in its discretion, may permit a telephone appearance in any hearing or conference related to an action for child support when the local child support agency is providing services under title IV-D of the Social Security Act.

(d) Exceptions

A telephone appearance is not permitted for any of the following except as permitted by Family Code section 5700.316:

(1) Contested trials, contempt hearings, orders of examination, and any matters in which the party or witness has been subpoenaed to appear in person; and

(2) Any hearing or conference for which the court, in its discretion on a case-by-case basis, decides that a personal appearance would materially assist in a determination of the proceeding or in resolution of the case.

(e) Request for telephone appearance

(1) A party, an attorney, a witness, a parent who has not been joined to the action, or a representative of a local child support agency or government agency may request permission of the court to appear and testify by telephone. The local child support agency may request a telephone appearance on behalf of a party, a parent, or a witness when the local child support agency is appearing in the title IV-D support action, as defined by rule 5.300(c). The court may also, on its own motion, allow a telephone appearance.

(2) A party, an attorney, a witness, a parent who has not been joined to the action, or a representative of a local child support agency or government agency who wishes to appear by telephone at a hearing must file a request with the court clerk at least 12 court days before the hearing. A local child support agency that files the request for telephone appearance on behalf of a party, a parent, or a witness must file the request with the court clerk at least 12 court days before the hearing. This request must be served on the other parties, the local child support agency, and attorneys, if any. Service must be by personal delivery, fax, express mail, or other means reasonably calculated to ensure delivery by the close of the next court day.

(3) The mandatory Request for Telephone Appearance (Governmental) (form FL-679) must be filed to request a telephone appearance.

(f) Opposition to telephone appearance

Any opposition to a request to appear by telephone must be made by declaration under penalty of perjury under the laws of the State of California. It must be filed with the court clerk and served at least eight court days before the court hearing. Service on the person or agency requesting the telephone appearance; all parties, including the other parent, a parent who has not been joined to the action, the local child support agency; and attorneys, if any, must be accomplished using one of the methods listed in (e)(2).

(g) Shortening time

The court may shorten the time to file, submit, serve, respond, or comply with any of the procedures specified in this rule.

(h) Notice by court

At least five court days before the hearing, the court must notify the person or agency requesting the telephone appearance, the parties, and attorneys, if any, of its decision. The court may direct the court clerk, the court-approved vendor, the local child support agency, a party, or an attorney to provide the notification. This notice may be given in person or by telephone, fax, express mail, e-mail, or other means reasonably calculated to ensure notification no later than five court days before the hearing date.

(i) Need for personal appearance

If, at any time during the hearing, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.

(j) Vendors, procedure, audibility, reporting, and information

Rule 3.670(j)–(q) applies to telephone appearances under this rule.

(k) Technical equipment

Courts that lack the technical equipment to implement telephone appearances are exempt from the rule.

End

Plain-English Summary

Start with the suspension. The rule is suspended from January 1, 2022 to January 1, 2027, and during that time the remote appearance provisions of rule 3.672 apply in its place. Anyone arranging a remote appearance in a title IV-D matter now should be working from that rule.

The scheme the rule itself sets out is broad in who may ask and narrow in what is excluded. "Telephone appearance" covers telephonic, audiovisual, videoconferencing, digital or other electronic means. A party, an attorney, a witness, a parent who has not been joined, or a representative of the agency may request one — and the agency may request on behalf of a party, parent, or witness when it is appearing in the action. The court may also allow one on its own motion.

Two categories are off limits except as a statute permits: contested trials, contempt hearings, orders of examination, and any matter where the person has been subpoenaed to appear in person; and any hearing where the court decides case by case that a personal appearance would materially assist.

The timetable is tight and symmetrical. The request goes to the clerk at least 12 court days before the hearing, on the mandatory form, served by a method reasonably calculated to arrive by the close of the next court day. Opposition is by declaration under penalty of perjury, filed and served at least eight court days before. The court must notify everyone of its decision at least five court days before the hearing. The court may shorten any of those times — and may, at any point during the hearing, decide a personal appearance is necessary, continue the matter, and require one.

Frequently Asked Questions

Can I appear by phone in a government child support hearing?

Look to rule 3.672. Rule 5.324 is suspended from January 1, 2022 to January 1, 2027, and rule 3.672 applies in its place during that period.

What hearings can never be done by phone?

Contested trials, contempt hearings, orders of examination, and any matter in which the party or witness has been subpoenaed to appear in person — except as Family Code section 5700.316 permits — along with any hearing where the court decides a personal appearance would materially assist.

How far in advance must I ask?

At least 12 court days before the hearing, using Request for Telephone Appearance (Governmental) (form FL-679), served on the other parties, the agency, and any attorneys.

What if my court has no equipment for it?

Courts that lack the technical equipment to implement telephone appearances are exempt from the rule.

Amendment History

Rule 5.324 amended effective January 1, 2026; adopted effective July 1, 2005; previously amended effective January 1, 2007, January 1, 2008, July 1, 2008, July 1, 2011, January 1, 2014, January 1, 2017, January 1, 2022, and August 4, 2023.

(Subd (a) amended effective January 1, 2026; previously amended effective January 1, 2022, and August 4, 2023.) (Subd (d) amended effective January 1, 2017; previously amended effective January 1, 2008.) (Subd (e) amended effective January 1, 2008.) (Subd (f) amended effective January 1, 2007.) (Subd (h) amended effective January 1, 2007.) (Subd (j) amended effective January 1, 2014; previously amended effective January 1, 2007, July 1, 2008, and July 1, 2011.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: telephone appearance child support CaliforniaFL-679 telephone appearanceremote appearance title IV-Dappear by phone child support hearing