The length of time depends upon the Petitioner(s). The Petitioner(s) will be required to submit several documents, including certified copies of both birth certificates, a marriage certificate, prior divorce decrees, employment verifications, letters of reference and consents, etc.. A home study and recommendation will also need to be prepared by the Court Investigators or Department of Social Services, depending upon which type of adoption proceeding you file. The parental rights of one biological parent may need to be terminated. An adoption can take anywhere from approximately six months to a year to complete.
It is possible to represent yourself in adoption proceedings. Many prospective parents represent themselves in their adoption cases. However, it is a good idea to consult with an attorney as to the proper forms to file and procedures to follow throughout your case. It is also helpful to visit your local law library for more information.
A stepparent adoption is where a person adopts his or her spouse’s or registered domestic partner’s child. You can access the forms under the Stepparent Adoption area on our webpage.
If you are not married to or in a registered domestic partnership with the child’s legal parent, you cannot do a stepparent adoption. You might want to talk to a lawyer to see what other options you have.
Ex parte matters will be heard only upon appointment scheduled through the assigned judge’s assistant. The ex parte application shall comply with California Rule of Court 3.1200-3.1207.
Solano County Superior Court offers you the option of appearing telephonically on certain civil matters pursuant to California Rules of Court, rule 3.670. Fees are charged by the service provider for this option. To make arrangements for telephonic appearances please contact:
Solano County does not accept FAX filings unless it is through a FAX filing agency.
The court prefers that all forms be typed.
You should provide an original and two copies.
At least one party demanding a jury on each side of a civil case must pay a non-refundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. (Code Civ. Proc., § 631(b).) ).) If there are multiple plaintiffs and/or defendants in the same case, only one jury fee per side is required to avoid waiver of a jury under Code of Civil Procedure section 631(f).
The nonrefundable jury fee must be paid on or before the date scheduled for the initial case management conference in the action, except as follows: 1. In unlawful detainer actions the fees shall be due at least five days before the date set for trial. 2. If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012 and the initial complaint was filed after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. 3. If the initial case management conference was held before June 28, 2012 and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial. 4. If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial. (Code Civ. Proc., § 631(c).)
Except under the circumstances provided in Code of Civil Procedure section 631(d), (discussed in FAQ 1.4), a party has waived the right to a trial by jury in that action, unless another party on the same side of the case timely paid the nonrefundable jury fee. (Code Civ. Proc., § 631(f)(5).) Note: The court may, in its discretion upon just terms, allow a trial by jury despite the waiver. (Code Civ. Proc., § 631(g).)
If a party failed to timely pay a nonrefundable jury fee that was due between June 27, 2012, and November 30, 2012, inclusive, the party will be relieved of a jury waiver on that basis only, if the party pays the fee on or before December 31, 2012 or 25 calendar days before the date initially set for trial, whichever is earlier. (Code Civ. Proc., § 631(d).)
There is nothing in the recent amendments to Code of Civil Procedure section 631 that directs or authorizes courts to refuse a late payment of the nonrefundable jury fee. Absent this direction or authority, the clerk likely should accept advance jury fees tendered by a party, provide a receipt, and record in the court file the date the fees were received. (See People v. Funches (1998) 67 Cal.App.4th 240, 244 [court clerks “must act in strict conformity with statutes, rules, or orders of the court” defining their duties, and have “no power to decide questions of law nor any discretion in performing” their duties.]) Note: Except as provided in Code of Civil Procedure section 631(d), only a judge has the authority to grant a jury trial following a waiver.
No. Only parties that want to retain the right to a jury must pay the nonrefundable jury fees.
Yes. A court may (but is not required to) waive jury fees and expenses, and other fees or expenses itemized in an application for a fee waiver under rule 3.56(1) and (6) of the California Rules of Court.
No. Government Code section 6103 explicitly states: “This section does not apply to civil jury fees or civil jury deposits.” Although this exception to the fee waiver for government entities predates the creation of the nonrefundable jury fee, the plain language of the exception applies to the nonrefundable jury fee.
No. Code of Civil Procedure 631(b) requires “at least one party demanding a jury on each side” to pay the nonrefundable jury fee, “unless the fee has been paid by another party on the same side of the case.” (Emphasis added.) In addition, Code of Civil Procedure section 631.3, which governs refunds of jury fees states in subdivision (c) that the “fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. Therefore, although they are not required to pay the jury fee, if additional parties on a side pay the nonrefundable jury fee, that fee is still nonrefundable. The additional fee may not be used to offset actual juror fees or mileage, either
Yes. Any $150 advance jury fee deposited before June 28, 2012 may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3. Similarly, any jury fees other than the $150 advance jury fees that are deposited, but not used, may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3.
No. All forms are available on line at www.courts.ca.gov or you may ask for the forms individually in the clerk’s office. You should seek legal advice before filing your case to ensure you have the right forms.
The UD Clinic Hot Line is available by calling (707) 207-7330.
A restraining order should not be used for this purpose. The UD Clinic Hot Line is available by calling (707) 207-7330.
The clerks cannot give legal advice. Read the “Notice” on the Summons you were served and seek legal advice without delay. The UD Clinic Hot Line is available by calling (707) 207-7330.
Unlawful Detainer cases are confidential for a period of 60 days.
The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.
The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.
The Judge will make orders after hearing all evidence in the case. The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.
The Solano County Sheriff-Civil Division office hours are Monday through Friday from 8:30 to 4:30 PM. The telephone number is 707-784-7020 The Solano County Recorder’s Office hours are Monday through Friday from 8:00 to 4:00 PM. The telephone number is 707-784-6290. Hours of operation are subject to change; you should call and verify their hours.
Self-Help assistance is available on the Judicial Council Website at www.courts.ca.gov and in the Solano Law Library located on the third floor of the Hall of Justice at 600 Union Avenue, Fairfield, CA 94533.
When you appear for your first court date, which is usually your arraignment hearing, you may ask the Judge to appoint a Public Defender to represent you. The Court will make a determination at that time if you are eligible to receive services from the Public Defender’s Office.
A bench warrant may have been issued for your failure to appear. You may contact the Criminal Clerk’s office by e-mail or telephone between 8:00 am and 3:00 pm, Monday through Friday (excluding holidays) to inquire about scheduling a new court date. If you are eligible to schedule a new court date, you will be given a new date within two weeks (for misdemeanor cases).
If you posted a bail bond, the bond was forfeited and you will be required to appear with a Reassumption of Liability form obtained through the bond company at the next court hearing date.
You can appear at any law enforcement agency and advise the officer that you have an outstanding bench warrant.
You may also contact the Criminal Clerk’s Office by e-mail or telephone between 8:00 am and 3:00 pm, Monday through Friday (excluding holidays) to request the court place your matter on calendar (for misdemeanor cases). If your case is eligible to be scheduled, you will be given a new court date.
Please be advised that the bench warrant will remain outstanding until you appear at the scheduled court hearing date.
You can pay for your fines and fees with a credit card by phone or online. You can also pay with a check or money order by mail or in person to the court’s drop box (Monday through Friday, excluding holidays, between 8:00 am and 5:00 pm.), to either court location; 600 Union Avenue, Fairfield, CA 94533 or 321 Tuolumne Street, Vallejo, CA 94590. Do not deposit cash in the court’s drop box.
Domestic Violence happens in many forms between two people in an intimate relationship. Physical violence includes kicking, punching, shoving, slapping or striking in any way that hurts your body. Sexual violence includes unwelcome touching, fondling or forced intimacy. Emotional violence using coercion or threats and anger to create a controlling and fearful relationship.
There is a domestic violence form packet available on a forms rack located outside of the Family Law Division Clerk’s Office and the Solano Legal Access Center or it can be downloaded at www.courts.ca.gov The forms packet is complete with instructions and is free of charge.
See Local Rule 5.4 for information on how to file an ex parte emergency hearing. There is no fee for submitting a domestic violence restraining order. All ex parte applications and domestic violence restraining orders must be completed and ready for submission before 12 noon each day.
If you represent yourself, it is YOUR responsibility to prepare a Findings and Order After Hearing Judicial Council Form FL-340 or other applicable order. You may purchase copies of the minute order from the hearing at the Family Law Division for a charge of $.50 per page. The minute order can provide you with information needed for your order after hearing, i.e., the Judge’s name, the department, date and specific orders made by the Judge. If you need help completing your order please contact the Family Law Facilitator (SLAC).
The process of obtaining a divorce begins when you file the initial papers. Your dissolution is not complete until all disagreements are settled, you have prepared and filed all necessary paperwork with the court and you receive a Notice of Entry of Judgment. You are not divorced until your judgment is filed and entered by the court. A person is able to remarry only after the judgment has been entered ending your martial status. The earliest date marital status can be ended is six months and one day after the Respondent was served with the Summons and Petition for Dissolution. It is the responsibility of either or both parties to prepare and file all documents and bring your case to Judgment. It is important that you seek legal advice if you have any questions.
Absolutely not! In California, there is a MINIMUM time of 6 months and 1 day from the date the Respondent is served before a divorce can become final. You must also have all the necessary forms filed before your Judgment can be entered. If you have legal questions consult with an attorney or the Family Law Facilitator (SLAC).
There may be a time, even years after your divorce, that you need a copy of the divorce papers. To get copies of divorce documents call or email the Family Law Division or ask for a copy to me mailed to you. To request a copy by mail, send us your written request, including your case number if you have it. If you do not have your case number, include in your letter the first and last names of both parties and the approximate year of the divorce. This information will help our office locate your case number. Include a check or money order payable to the Solano Superior Court in the amount of $15. If you do not need a certified copy we recommend sending a check not to exceed $20 to cover the copy fees of .50 cents per page and a self-addressed stamped legal-sized envelope with enough postage to mail you back your documents.
If you have an existing case, please bring your case number, the names of the involved parties and any documents you want to file. There may be applicable filing fees or if you qualify you may request a Request to Waive Court Fees and Costs Judicial Council Form FW-001 and FW-003. The Family Law Division accepts cash, check, Visa, Mastercard or Discover card.
Paternity is the legal determination of fatherhood. Establishing paternity is the legal process of determining the biological father of a child. When parents are married, in most cases, paternity is established without legal action. If parents are unmarried, establishment of paternity requires a court order. This process should be started by both parents as soon as possible for the benefit of the child(ren).Until paternity is established, the father does not have the legal rights or responsibilities of a parent. Establishing paternity is necessary before custody; visitation and child support may be ordered by the court.
There are filing fees associated with the initiation of a new case, except Domestic Violence Restraining Orders, Elder Abuse and Department of Child Support cases. If you cannot afford to pay the filing fees, you may request a Request to Waive Court Fees and Costs (FW-001) and (FW-003). Forms are available for you to download at the California Judicial Council’s website: http://www.courts.ca.gov/forms.htm
Yes. It is a right of citizenship and required by law.
We obtain names from the Department of Motor Vehicles and the Registrar of Voters. If the information you provide to these two sources is not identical you may receive two summonses.
If you are acquainted with the individual and familiar with their circumstance, click JUROR RECORD and complete the DISQUALIFICATION AND REQUEST TO BE EXCUSED/HARDSHIP REQUEST tab. If you are not acquainted with the person, state on the front of the unopened summons “this person is no longer at this address” and place the summons back in the mail. The Department of Motor Vehicles and the Registrar of Voters is our source for information. You should notify these two sources to avoid receiving any further jury summonses at your address.
Yes. A juror must provide a physician’s verification note on a prescription pad or letterhead signed by a doctor. The note must state that the juror cannot serve on jury duty for medical reasons and should indicate the length or duration of the illness or problem. If the condition is permanent or long term, the physician must also include that information in his/her statement. Obtaining a copy of your doctor’s letter for your personal file is advised.
No. Only peace officer’s whose positions are defined under Penal Code sections 830.1, 830.2(a-c) and 830.33(a) are exempt from jury service.
No. Neither stay at home parents nor childcare providers are exempt or excused from jury service. Children are not allowed in the courtrooms. Alternative arrangements will need to be made. If additional time is needed to arrange for childcare, click JUROR RECORD and use the POSTPONEMENT REQUEST tab to submit your request.
No. However, Solano Superior Court requires individuals over the age of 70 who prefer to not attend jury service, click JUROR RECORD and use the DISQUALIFICATION AND REQUEST TO BE EXCUSED/HARDSHIP REQUEST tab to submit the request.
Prospective jurors may be summoned once a year. Your term of service is One Day or One Trial. Jurors report in person one day, and may be selected to serve on a case of any length. If not selected for a case on that day, services are completed for one year. If you receive more than one summons during the year, you may be in our database more than once. This often occurs if information received from the Department of Motor Vehicles and the Registrar of Voters are not the same. Hyphenated names, maiden and married names, and names containing a space can cause duplication within the database. If you receive a summons earlier than expected, notify the jury office in writing so we may correct the error and update our database.
Pursuant to the California Code of Civil Procedures section 209, the court may find the prospective juror who fails to respond to a jury summons in contempt of court, punishable by fine, incarceration, or both.
Juvenile records are confidential and not available to the general public. If you are a party in a case, you may come to the Juvenile division and upon completing Local Form 898 Application for Access to Juvenile Case File and showing a picture identification card such as a driver’s license you may be allowed to view a court file. Welfare and Institutions Code section 827 governs who may review a file and who may have copies of documents from a court file. If you need to request documents from a juvenile court file, you may complete JV-570 , Petition for Access to Juvenile Case File, JV-571 Notice of Petition for Access to Juvenile Case File, JV-569 Proof of Service-Petition for Access to Juvenile Case File and submit them to the juvenile court for ruling by a Juvenile Judge.
Information regarding Juvenile cases is restricted to certain court personnel, the minor, the parents or guardians, attorneys involved in the case and other persons designated by the Presiding Judge of the Juvenile Court. Picture identification is required before information is given about a scheduled court date. Check with your attorney regarding your next court date.
If your child is under the age of 18, your child was taken to the Juvenile Detention Facility located at 740 Beck Avenue, Fairfield CA 94533; their phone number is (707) 784-6570. If your child is over the age of 18 they were taken to the Solano County Jail located at 500 Union Avenue, Fairfield CA 94533; their phone number is (707) 421-7130.
The social worker’s telephone number should be listed at the end of the most recent court report for your case where the social worker signs their name.
The answer to this question depends on many factors, including the stage of your case. Your attorney should explain your legal rights and the steps you can take to try to have your children returned to your care. The steps may include following orders that you participate in certain programs, visiting your children, and cooperating with the services provided by the social worker.
The Solano County Probation Department administers the Juvenile Court Traffic program. For information relating to Juvenile traffic cases and the Juvenile Traffic Court, contact the Solano County Probation Department at:
475 Union Ave.
Fairfield, CA 94533
Traffic: (707) 784-7631
There are two ways to participate in mediation. Ask the clerk for Local Form #3905-Stipulation & OrderAlternative Dispute Resolution. Sign the form and send it to the other party for signature. When the form is submitted to the court, you will be contacted to begin the mediation process. You can also wait for your first case management conference to request mediation. Be sure to request mediation on the CMC-110-Case Management Statement.
On Local Form #3905, mark the appropriate box and submit a written declaration. You can also request it at the Case Management Conference.
The No Fee Mediators agree to provide 18 hrs of mediation services in exchange for attending court sponsored mediation training. The No Fee Mediator listing is available on the website on the Alternative Dispute Resolution (ADR) page. Look for the No Fee Mediator Listing link.
The ADR Panelist Listing is available on the court’s website on the mediator directory including fees, experience, expertise, and important information about each mediator. You can also go through the Civil Mediation Center in Fairfield, or the clerk’s office in both Fairfield and Vallejo.
Unless otherwise ordered, the cost is equally divided by the parties.
Maybe, if necessary, but make those arrangements directly with the mediator. Usually, it is not a good idea, Mediation works best if you are present during the session.
In most cases, but make arrangements directly with the mediator.
Maybe, but make those arrangements directly with the mediator.
Yes. Copies will also be available through the court if the agreement is filed in the case.
Submit complaints in writing to: ADR Administrator Civil Division, 600 Union Avenue, Suite 258, Fairfield, CA 94533. Refer to Local Rule of Court 4.8 j for more details.
No, you must provide and pay for your own interpreter.
Probate is a proceeding in which an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who are entitled to inherit), all under the supervision of the court. The entire proceeding will take from approximately nine months to one and a half years from the time of filing to the final distribution.
If the deceased person’s property is worth more than $166,250, you may have to go to court and start a probate case.
To do this, you must file one of these petition forms (DE-111)
Petition for Letters Testamentary
Petition for Letters of Administration with Will Annexed
Petition for Letters of Administration
Petition for Letters of Special Administration
You will also need to file (DE-121) to get a hearing date.
You may be able to use a simple form (DE-221) called a Spousal Property Petition, to get a court order that says what your share of the community property is and what part of your deceased spouses’ share of community and separate property belongs to you. You will also need to file (DE-120) to request a hearing date.
The person who has the will at the time of the person’s death is the custodian of the will.
Pursuant to Probate Code Section 8200 the custodian has 30 days to lodge the original will with the Probate Clerk’s Office:
Hall of Justice
Family Law, Probate and Adoption Division
600 Union Avenue
Fairfield CA 94533
The custodian must also send a copy of the Will to the Executor. If the custodian does not do these things, he or she can be sued for damages caused.
If there is no will and a court case is needed, the court will appoint an Administrator to manage the estate during the probate process. The person who wants to be the administrator must file a Petition for Letters of Administration. The Administrator usually is the spouse, domestic partner or close relative of the deceased person.
Contact a qualified probate attorney to review your specific situation
and to advise you whether a probate is necessary. An attorney can give
you detailed instructions as to how to change the title to assets and
collect benefits, and assist in preparing any documents you may need.
Most importantly, an attorney can represent you in court if a probate is
necessary, and make sure you do not violate your fiduciary duty to the
beneficiaries. You can contact the Solano County Bar Association Lawyer
Referral Service at (707) 422-5087.
Guardianship is a court process by which a person other than a parent is given custody of a child or authority over a child’s property. Appointment as a guardian requires the filing of a petition and approval by the court. If the court appoints you as a guardian for a child, you will assume important duties and obligations. You will become responsible to the court. It is essential that you clearly understand your duties and responsibilities as a guardian. If you have any questions, you should consult with an attorney who is qualified to advise you on these matters. A Guardianship packet is located in the Family Law and Probate Division Clerks office, in either Fairfield or Vallejo.
A legal guardian is an adult to whom the court has given authority and
responsibility to provide care for a child, or to manage the child’s
assets, or both.
Relatives, friends of the family, or other interested persons may be considered as potential legal guardians.
Click here for the Guardianship of the Person Only packet.
This information may be downloaded under “Courts/Small Claims.”
Yes. The Superior Court of California provides a Small Claims Advisor at no cost. The Advisor is available to assist with Small Claims issues and procedures from filing through enforcement. The Legal Advisor is available for a phone consultation, only. The advisor may be reached Monday through Friday from 9 AM to 1 PM at (707) 344-1446.
You may check the city’s business licensing bureau or the county clerk’s fictitious business name index. If the business is a corporation, check with the California Secretary of State for the exact name and the agent authorized to receive service of process for the corporation.
If your driver’s license has been suspended for failure to appear, you may pay the fine due and the court will issue a release of the hold placed on your driver’s license. If you would like for the court to consider your ability to pay the underlying fine, ask to address this with the court by submitting a completed Declaration/Ability to Pay form. A release of the hold placed on your driver’s license will be issued once the court makes a decision on your submitted declaration. The court will update the DMV files electronically.
Not at this time.
The arresting agency may be contacted for a copy of an accident report.
If you do not respond to the court or pay your fine by the court due date, an extra fee may be added to your fine amount and your case may be referred for collection. This extra fee is called a “civil assessment,” and it can be up to $300. The court can also charge you with a misdemeanor for “failure to appear,” and the court can issue a warrant for your arrest. A failure to appear hold may also be placed with DMV on your driver’s license which could result in your license being suspended. You may also not be able to renew your car’s registration.
On your citation there is a court location indicated to which your case is assigned. Court addresses are available on our Court Locations page.
You are obligated to contact the court on or before the date listed on your citation. If you have not received a courtesy notice prior to that date, the clerk in the division may assist you with your options.
You may be eligible to attend traffic school if all of the following apply:
If you have not attended traffic school within the last 18 months prior to this citation;
You have a valid driver’s license;
You have no outstanding Failures to Appear;
This citation only involves a moving infraction and does not involve any drug or alcohol violations;
You were not speeding more than 25 mph over the posted limit.
Failure to attend traffic school can adversely affect your driving record and insurance.
The majority of traffic citations do not mandate a personal appearance and can be handled by phone or through the mail. Check your courtesy notice for this information. If you have not received a courtesy notice, or have additional questions, please contact the court on or before the date listed on your citation.
Generally, yes. There are different types of extensions for different types of traffic matters. You will need to contact the court listed on your citation for further details.
Once you have made arrangements to attend traffic school with the court, you will be given 90 days to complete the traffic school. There will be no extensions granted so give yourself plenty of time to complete the class. Once the certificate of completion is received by the court from the school, and your fines and fees are paid in full, the court will notify DMV to mask your conviction. This will prevent a point from being added to your driving record. Again, all fines and fees and the certificate of completion must be received by the court within the 90 day period.
Yes. A fee is due to the court in the amount of the bail plus $52. The traffic school will also charge a fee. Methods of instruction and class fees will vary.
Yes. Credit card payments are accepted by phone or online. There is a service fee to pay by credit card. You will need to know your case number or citation number in order to use this service.
• To make a payment by phone, CALL: 707-430-0342
Phone payment hours are Mon-Fri 4:00 AM – 9:00 PM and Sat-Sun 6:00 AM – 3:00 PM PST
• To make a payment online, visit our payment website at: www.solanocourtpayments.com
You can obtain a list from your local court, from the Department of Motor Vehicles http://www.dmv.ca.gov .
You may also check your local yellow pages under Driving Schools.
Clerks are not able to provide legal advice. It is suggested you either contact an attorney or perform your own research prior to filing any paperwork.
Click Court Declaration for a Declaration form. This declaration must be filled out properly in order to submit your declaration request to the judicial officer.