The Family Law Division will hear all matters concerning the Family Code or related matters, except for termination of parental rights cases and adoptions. The Division will also hear all matters concerning Civil Harassment, Workplace Violence, and Elder Abuse Restraining Orders.

(Eff. 1/01/07)

B. COURTHOUSES

The Family Law Division currently operates in 3 courthouses:

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

• Central County (170 Park Center Plaza, San Jose, CA 95113), and

• Notre Dame (99 Notre Dame Avenue, San Jose, CA 95113).

The Family Law Division will be opening a fourth courthouse in South County (in Morgan Hill). All new actions presented for filing in the Family Law Division must be accompanied by a Declaration of Residence (attached local form FM-1051), and such actions will be assigned to North County, Central County, or South County based on that Declaration. (Cases assigned to South County will be heard there when that courthouse opens.) 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 discussion, hearing, and/or trial.

(Eff. 7/01/08)

C. FILINGS

All ex parte applications for orders other than domestic violence restraining orders must be filed in the courthouse in which the All-Purpose Judge (APJ) assigned to the case presides. All initiating complaints in cases involving the Department of Child Support Services (DCSS) must be filed at the Notre Dame Courthouse. All other documents, including Family Law petitions, domestic violence, workplace violence, or civil harassment petitions or applications, and subsequent filings, may be filed or submitted (and the restraining orders picked up) at any of the 3 operating courthouses described in Section B above (and in South County when it opens), regardless of the location of the case.

(Eff. 7/01/08)

D. 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)

(1) All documents filed with Family Court must contain the name of the APJ and the department to which the case is assigned. If a case has not yet been assigned, the calendar secretary will assign the case to a judge upon the filing of any initial document.

(Eff. 1/01/07)

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

(Eff. 1/01/07)

(3) ATTACHMENTS TO PLEADINGS

a. Photocopies of pleadings filed in a case which exceed ten (10) pages shall not be attached to memoranda of points and authorities, trial briefs, or supporting or responding declarations, except for orders to show cause re contempt or applications for wage assignments.
 

b. Courtesy copies of relevant pleadings which have been previously filed in the case may be submitted to the Court bound separately from the memorandum of points and authorities, trial brief, or supporting or responding declarations. 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. 1/01/07)

F. COURT FILES

No court files may be removed from the courthouse, except by order of the Court.

(Eff. 1/01/07)

G. TIME ESTIMATES

The case is calendared based on the time estimates given. The Court must rely on the accuracy of the time estimates to manage the Court’s calendar. Each side should expect to be limited to the estimate given, which should include time for argument. The Court may declare a mistrial of a case exceeding the estimate, and may award appropriate sanctions.

(Eff. 1/01/98)

H. SETTLEMENT AND ALTERNATE DISPUTE RESOLUTION

The Family Law Division of the Superior Court of California, County of Santa Clara encourages settlement and alternate dispute resolution, as appropriate, in all stages of the proceedings.

(Eff. 1/01/07)

I. 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 for 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. 1/01/07)

J. SERVICE BY PUBLICATION OR POSTING FOR SUMMONS

(1) A Petitioner may serve a Summons by publishing or posting only if service cannot be effectuated as outlined by the California Code of Civil Procedure §415.10 through §415.40. However, service by posting may be ordered only if the Petitioner is found to be indigent.

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

(3) If the Petitioner is requesting service by posting, an Application for Waiver of Court Fees and Costs, FW-001, must also be submitted, unless one has been approved in the last 4 months. If the Court finds that the Petitioner is not indigent, then the Court may order service by publication of the Summons.

(4) Verification of Service by Posting of Summons (See Attachment FM-1024) is needed, if the Court approves service by posting.

(Eff. 1/01/07)

(5) 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 - Appendix: A - B - C
List of attached Family local forms