Local Family Rule 1 - Superior Court of California, County of Santa Clara
California Rules of Court. Rule Meet-and-confer requirements; document exchange. (a) Meet and confer. All parties and all. In Law and Motion matters, the moving party's to meet and confer prior to a hearing seeking a. Conducting discovery in a Family Law matter can be a daunting task. This is not merely a suggestion but rather a statutory requirement. about the meaning of "meet and confer" within the content of the California discovery.
Parties should not attach copies of pleadings already contained in the Court file to any new pleading. In lieu of the limits above, courtesy copies of relevant prior filings or other attachments exceeding the 10 page limit may be submitted to the Court bound separately from the current filing to which they relate, with the same copies provided to all attorneys and self-represented parties.
Each page of all such attachments shall be numbered sequentially. Parties must deliver courtesy copies to the Court, and shall not send courtesy copies by fax machine.
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.
Any party who seeks to file with or present to the Family Court any juvenile case file or child welfare agency document or record must first present a request to file such documents under seal pursuant to Cal. Any pleading filed with the Family Court which attaches, recites or quotes any juvenile case file or child welfare agency record without a prior request and order to file under seal will be stricken from the Family Court file.
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.
Discovery Procedure In California Family Law Cases
Stipulation and Order Attachment FM However, more than one motion to withdraw as attorney of record may be set by the same attorney on one or more calendars, if to be heard at the same courthouse. Bouknight U. Discovery of confidential communications between attorney and client in the course of the professional relationship is protected by the attorney-client privilege unless waived e.
Clients represented by a common lawyer on a matter of mutual interest may not claim the attorney-client privilege as to communications made during the course of that common representation in the event of litigation between themselves. The statutory "attorney work product" doctrine is not technically an evidentiary "privilege. Beyond this statement of purpose, however, there is no statutory definition of "work product" and, hence, the matter is left to case law.
Briefly, case law classifies protectible "work product" as derivative material as opposed to "nonderivative" material. Material which is simply evidentiary in nature e. These privileges protext confidential communications in the course of the professional relationship.
Communications made and writings prepared "for the purpose of, in the course of, or pursuant to" mediation or a mediation consultation are ordinarily confidential and not discoverable. This rule applies to all communications by participants before conclusion of the mediation that are materially related to it, regardless of whether they are made in the mediator's presence. The court may order disclosure to the extent necessary to serve a "compelling public interest.
Clearly, neither spouse in a marital proceeding may rest on a right of privacy objection to resist disclosure of personal financial information. Third Parties - Balancing Test: On the other hand, the intraspousal fiduciary duties of disclosure do not ipso facto impede the rights of third parties to financial privacy.Initial Case Management Conference
Even though third party financial information may be highly relevant in a marital action on the issue of property valuation or either spouse's financial statusthe court must protect third party privacy rights to the greatest extent possible. Specifically, "when one spouse in a [marital] proceeding seeks discovery from a third party, the court is required to balance the spouse's need for discovery against the third party's privacy interests. Depositions may be taken of parties and nonparties.
Normally, they are conducted on oral questions under the supervision of an officer authorized to administer an oath, with opportunity for cross-examination; evidentiary objections may be made and privileges may be invoked. Interrogatories are written questions calling for written answers under oath.
- FORMAL DISCOVERY PROCEDURES
- IN CALIFORNIA FAMILY LAW CASES
- California Rules of Court
They may only be propounded between parties to the action. RFA's may be used by a party to force another party to "admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. On noticed motion for good cause shown, the court may order a physical or mental examination of any party or person in the custody of a party whose physical or mental condition or blood group is in controversy in the action.
2018 California Rules of Court
Any party may serve on any other party a demand to exchange lists of experts expected to testify at trial, which can also require "the mutual and simultaneous production for inspection and copying of all discoverable reports and writings.
Any time following a marriage dissolution or legal separation judgment or a paternity determination that orders the payment of support, either the obligor or obligee party, or the obligee's assignee e.
Except in a few limited circumstances, motions to compel or limit discovery must include a declaration stating facts showing a "reasonable and good faith attempt at an informal resolution" of the issues presented by the motion. When a deponent fails to answer a deposition question, the examiner may either complete the examination on other matters or adjourn the deposition.
At the deposition; deposition officer then directs deponent to appear in court at time and place specified: Order To Show Cause Procedure: Notice Of Motion Procedure: For deficient responses objections or evasive answersa motion to compel must ordinarily be filed within 45 days after service of the responses or supplemental responses 50 days if service is by mail ; failure to meet the day deadline cannot be circumvented by propounding a second set of interrogatories.
For objections or inadequate response, a motion to compel must be filed within 45 days after service of the response or supplemental response 50 days if response served by mail. In the event the decision on complicated discovery issues so requires, or if the parties are unduly consuming court time in making motions to compel, for protective orders, or for sanctions, the court is empowered to appoint a "referee" or "special master" to "determine" the matter and report findings and recommendations thereon to the court.
As with motions to compel, a motion for protective order must be accompanied by a declaration showing that the moving party made a "reasonable and good faith attempt" to resolve the issues outside of court.