Rule 5.409.Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336

Division 1. Family Rules · Chapter 14. Default Proceedings and Judgments · Adopted 2012 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.409 forbids a blanket requirement of hearings on default and uncontested judgments submitted by declaration.

Full Text of Rule 5.409

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The decision to hold a hearing in a case in which a judgment has been submitted on the basis of a declaration under Family Code section 2336 should be made on a case-by-case basis at the discretion of the court or request of a party. Courts must allow judgments in default and uncontested cases to be submitted by declaration pursuant to section 2336 and must not require that a hearing be conducted in all such cases.

End

Plain-English Summary

Whether to hold a hearing on a judgment submitted by declaration is decided case by case, at the court’s discretion or on a party’s request.

What a court may not do is make it universal. Courts must allow judgments in default and uncontested cases to be submitted by declaration under Family Code section 2336, and must not require that a hearing be conducted in all such cases — which is what makes an uncontested dissolution completable without an appearance.

Frequently Asked Questions

Do I have to appear in court for an uncontested divorce?

Not as a matter of course. Courts must allow judgments in default and uncontested cases to be submitted by declaration and must not require a hearing in all such cases; the decision is made case by case.

Can I ask for a hearing even so?

Yes. The decision to hold a hearing is made case by case at the discretion of the court or on the request of a party.

Amendment History

Rule 5.409 renumbered effective January 1, 2013; adopted as rule 5.148 effective July 1, 2012.

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: uncontested divorce hearing Californiadeclaration under 2336divorce without going to court California