Effective immediately, pursuant to the General Order of the Presiding Department, Order No. 040315, Rule 5.14.2 of the Family Law Rules, Division V of the 2015 San Diego County Superior Court Rules, regarding the appointment of an elisor is suspended and clarified as follows:
Appointment of Elisor.
A. Request for Order. A court order for the appointment of an elisor must be made by a request for order. The request for order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order.
B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following:
1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an elisor is based.
2. A description of the good faith efforts to meet and confer to resolve the issue informally.
3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor’s signature.
C. Mandatory Language in Proposed Order. The proposed order must include all of the following:
1. Designate “The Clerk of the Court or Clerk’s Designee” as the elisor. The order cannot state a name or title of a specific court employee.
2. State the party’s name for whom the elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity the elisor will be signing each document.
D. Mandatory Additional Requirements
1. Copies of all documents to be signed must be attached to the proposed order.
2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order.
E. Order Granted.
1. If the court grants the order, the party must contact the business office to schedule an appointment for the actual signing of the documents.
2. If the elisor is signing documents requiring notarization, the party must arrange for a notary public to be present when the elisor signs the documents.
Categorized in: Legal Procedure
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