These Rules govern cases in the Family Law Division, which hears all matters concerning the Family Code or related matters, except for termination of parental rights and adoptions.

(Eff. 7/01/10)

B. SANCTIONS

If any attorney, a party represented by an attorney, or a self-represented party, fails to comply with any of the requirements of these Rules, the Court, on motion of a party, or on request by FCS, or on its own motion, after notice and the opportunity to be heard, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part of the action or proceeding, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, including monetary sanctions to the Court, and may order that party or his or her attorney to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees.

(Eff. 7/01/10)

C. COURTHOUSES

The Family Law Division currently operates in 4 courthouses:

• North County: 605 W. El Camino Real, Sunnyvale, CA 94087

• Central County: 170 Park Avenue, San Jose, CA 95113

• South County: 301 Diana Avenue, Morgan Hill, CA 95037

• Notre Dame: 99 Notre Dame Avenue, San Jose, CA 95113

All new actions presented for filing in the Family Law Division must be accompanied by a Declaration of Residence (attached local form FM-1051). A party may only request to transfer a case from one courthouse to another by filing a noticed motion for hearing in the Department of the Supervising Judge based upon a showing of extreme hardship to one or both parties. The Supervising Judge or Presiding Judge, however, retains the discretion to assign a case to another courthouse for all purposes, discussion, hearing, and/or trial.

(Eff. 7/01/10)

D. CASE ASSIGNMENT

(1) THE CHILD SUPPORT COMMISSIONERS

As provided by statutes or upon stipulation, the Child Support Commissioners shall hear all Title IV-D support cases, U.I.F.S.A., Department of Child Support Services (DCSS) paternity, custody and visitation issues raised in IV-D cases as provided by law, support enforcement, and welfare reimbursement cases, as well as other family law matters upon assignment.

(Eff. 1/01/10)

(2) ALL-PURPOSE JUDGES

Upon the filing of the first paper in any case, the clerk shall randomly assign the case to one department, permanently. The judge in that department is the All-Purpose Judge (APJ). If a case is sent for trial to the Civil Division based on its expected length or other reasons, the APJ shall still decide all issues up to trial, including any ex parte requests and motions to continue the trial. All filed documents must contain the name of the assigned APJ and department.

(Eff. 7/01/10)

(3) CASES INVOLVING EMPLOYEES

If a Court employee or deputy sheriff working at the Family Law Division, or a member of his or her family, is a party to a case, the clerk or Supervising Judge of the Family Law Division shall transfer the case to the Civil Division for assignment.

(Eff. 1/01/10)

E. FILINGS

All ex parte applications for orders must be filed in the courthouse in which the APJ assigned to the case presides, except for domestic violence restraining orders. All initiating complaints and fee waivers in cases involving the Department of Child Support Services must be filed at the Notre Dame Courthouse. All other documents, including domestic violence restraining order applications, may be filed or submitted (and the restraining orders picked up) at any of the 4 operating courthouses regardless of the location of the case.

(Eff. 7/01/10)

F. ABBREVIATIONS

The following abbreviations are used throughout the Family Court Rules.

APJ	= All-Purpose Judge
CLETS	= California Law Enforcement Telecommunications System
CMC	= Case Management Conference
CRC	= California Rules of Court
CSC	= Custody Settlement Conference
DCSS	= Department of Child Support Services
EPRO	= Emergency Protective Restraining Order
FC	= Family Code
FCS	= Family Court Services
FCSO	= Family Court Settlement Officer
JCC	= Judicial Custody Conference
MSC	= Mandatory Settlement Conference
OSC	= Order to Show Cause
SOC	= Settlement Officer Conference
TRO	= Temporary Restraining Order
UFC	= Unified Family Court

(Eff. 1/01/07)

G. SERVICE OF ALTERNATE DISPUTE RESOLUTION INFORMATION

A notice regarding Alternate Dispute Resolution Information shall be served with any new Dissolution, Legal Separation, Nullity, Parentage, or Petition for Custody and Support of Minor Children, as well as with any post-Judgment Orders to Show Cause or Notices of Motion in cases where a Judgment resolving all matters has been obtained. (See Attachment FM-1021.)

(Eff. 7/01/10)

(1) ATTACHMENTS TO PLEADINGS

a. Photocopies of prior filings which exceed 10 pages shall not be attached to documents filed with Family Court, except for orders to show cause re contempt or applications for wage assignments.

(Eff. 1/01/09)

b. Courtesy copies of relevant prior filings may be submitted to the Court bound separately from the current filing to which they relate. Such photocopies will not be filed or marked as received by the Court. If the submitting party wishes to have such photocopies returned to the party, the submission shall include a stamped self-addressed envelope of sufficient size to return the photocopies.

(Eff. 1/01/09)

I. PREPARATION OF ORDERS

(1) Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page, including the signature page, unless it is a Judicial Council form. In addition, the Court signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.

(2) When a case has been heard by assignment to a temporary judge, the order prepared shall contain the name of that judge and shall be submitted to the temporary judge or the APJ for signature.

(Eff. 1/01/10)

J. SERVICE OF SUMMONS BY PUBLICATION OR POSTING

(1) To request service by publication or posting, the Petitioner must submit to the Court the following local forms: Application for Order for Publication or Posting of Summons (see attached form FM-1022) and Order for Publication or Posting of Summons (see attached form FM-1023).

(Eff. 7/01/10)

(2) Service by posting may be ordered only if the Petitioner is found to be indigent. A Petitioner requesting service by posting must submit a Request to Waive Court Fees, state form FW-001, unless one has been approved in the last 4 months. If the Court approves service by posting, Verification of Service by Posting of Summons (see attached form FM-1024) is needed.

(Eff. 7/01/10)

(3) If, with Court approval, the Petitioner serves the Respondent with the Petition and Summons by publication or posting and the Respondent has not appeared, the Petitioner may serve the Declarations of Disclosure on the Respondent by mailing them to the Respondent, in care of the Clerk’s Office. The envelope shall be addressed:

Respondent’s Name
c/o Clerk’s Office, Superior Court,
Family Division, 191 N. First Street
San Jose, CA 95113

The Petitioner shall note on the Declaration Regarding Service of Declaration of Disclosure (FL-141) that the Respondent was served by mail in care of the Clerk’s Office.

(Eff. 1/01/08)

Family Rules: Summary - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - Appendix: A - B - C
List of attached Family local forms