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Recent Posts in Court Rules and Procedures Category

Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders

How Do I Exclude Evidence That Is Outside of the Scope of the Pleadings Filed By the Other Party At My Family Law RFO or Domestic Violence Hearing? While historically it has seemed that Family Court ...
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Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment

What Is the Divorce Process From Initial Petition Filing, to Requests for Temporary Orders, to Judgment and the Conclusion of the Case? My goal is to empower and introduce you, the legal consumer, ...
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The Art of the Objection In California Family Law Litigation

The Art of Family Law and Divorce Objections: Evidence and Procedure in California Family Law Proceedings and RFO Requests By: Michael C. Peterson, CFLS Introduction: Whether you are an attorney, or ...
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Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney

Tips On Using Notices of Deposition Together With A Demand for Production in Divorce and Family Law Proceedings I was recently asked by a reader of our Enlightened Divorce Blog™ about how to ...
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When Does Making Threats In Divorce and Family Law Proceedings Become Extortion or 'Merely' Unethical?

Divorce Lawyer Ethics: Threatening Criminal, Administrative, or Disciplinary Action to Advance a Civil Cause (The Get 'Em Over a Barrel Ethical Quandary) By: Michael C. Peterson As a California ...
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I Intend to File for Divorce in Joshua Tree - Do You Have Any Insights About the Judges and the Local Rules?

Family Law In Joshua Tree: Some Pointers and a Brief Overview By: Michael C. Peterson, Esq. I have had the pleasure of litigating and settling many family law cases in the Joshua Tree courthouse over ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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Riverside Family Court Judge Reversed on Attorney Fee Request - Exalts FORM Over SUBSTANCE

Marriage of Sharples : Trial Court Must Not Exalt Court Forms Over Substance When Ruling On Attorney Fees Requests A Riverside County family court judge was recently overturned in a denial of attorney ...
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What Are the Important COURT FILING and SERVICE DEADLINES in Divorce and Family Law?

Q. I am an in Pro Per dad getting tripped up by the rules pertaining to service in my divorce proceedings. I seem to get something wrong every time! Can you give us an outline of when to serve what, ...
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Is It Possible to Appear In My FAMILY LAW or DIVORCE Case by Phone?

Q. I have an upcoming hearing in my family law case. Can I appear by telephone or must I be physically present in the courtroom? A. There is authority for telephonic appearances in California family ...
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New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
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Indio Family Court Comm. Gregory Olson | Riverside County Family Law Judges

This is reprinted from an interview for the March, 2013 Desert Bar Associations monthly Family Law Section newsletter. The link to the issue itself is at the bottom of the page. FLS COMMUNITY ...
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I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
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Family Law ADVOCACY TIPS For Lawyers and Self-Represented Parties: The 80-20 Principle!

The 80-20 Principle and Tips For Drafting Pleadings and Making Better Presentations In Family Court I had the honor to participate recently in a workshop for the Family Law Section of the Desert Bar ...
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Radical Revisions to the Family Law Rules of Court Become Effective Next Month!

2013 Revisions to the California Family Law Rules of Court As many family lawyers probably know, we are about to see a major rewrite of the California Rules of Court affecting proceedings in ...
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TIPS for Drafting Family Court DECLARATIONS

Rules for Declarations Filed In Family Court Whether you are a self-represented party or an attorney, I want to remind you that rules govern the declarations that you file in family law proceedings - ...
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Can I CONTINUE My DIVORCE TRIAL?

Q. My divorce trial is scheduled for next month. I want to change attorneys - will the case be continued to give a new attorney enough time to prepare my case correctly? Trial continuances are ...
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The MINUTE ORDER In My Case Differs From What The JUDGE SAID But My Ex Says We Must Follow It - What Can I Do?

Q. I was in Court three weeks ago and I swear the Judge said something entirely different from what the clerk's minute order says now. My ex says we have to follow the minute order, but it is ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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What Is the TIME LIMIT For Filing a RESPONSIVE or REPLY DECLARATION in Family Law Proceedings?

Q. I want to file reply paperwork in opposition to the Responsive Declaration I received from my ex on a pending motion for child custody. How and when must this be accomplished? Failure to comply ...
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Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?

What Are "Statements of Decision" in California Marital Dissolutions? Given the 2011 changes to the California Family Code brought about by the recommendations of the Elkins Task Force, you ...
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ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical ...
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New Family Code Section 3042 - Will It Serve to Accelerate the GENDER CUSTODY WARS?

Child Testimony Concerning Parental Preference AB 1090, sponsored by Assemblywoman Fiona Ma, becomes law on January 1, 2011 as revised Family Code section 3042. It directs courts to allow children age ...
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Is there any way to request that the Judge RECONSIDER her rulings in my case?

Q. I was in Court and the Judge ordered me to pay an amount in support that I can afford. The Judge averaged my earnings over the past 12 months, and then entered that information into the ...
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