Legal Question in Family Law in California

Family Law Rule 5.5.3

RE: Custody, OSC filed. I have read this rule on the SD County court website and realize it says supplemental declarations must be filed and served by 5 court days prior to hearing. I had previously asked some people to provide written declarations of events they had witnessed in which my childs well-being was jeopordized by situations she was subjected to by her father. Originally they were unwilling for fear of retaliation. A few of these people are now willing to make a written statement, but my hearing is on Wed. morning. Today is Friday. Is there anything that can be done to get the court to accept them this late? Even if they have to push back the hearing? Do I have any options? Please tell me how to go about it.


Asked on 4/18/08, 2:55 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Family Law Rule 5.5.3

One option is to obtain their signed declarations. Make copies and give them to the opposing party in court. You can tell the judge what happened. If the opposing party objects because of late service, ask the court to continue the matter so the opposing party has sufficient time to review the declarations.

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Answered on 4/18/08, 3:34 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Family Law Rule 5.5.3

Serve the declarations on the other party immediately. Do not wait for the court hearing. That means that they should be filed and served this afternoon or by Monday at 10:00am, at the latest. Explain to the judge that the declarations could not be obtained earlier. That is generally "good cause" for continuing the hearing until the other party has an opportunity to respond or to consider the declarations at the hearing. Before the hearing the court will ask for time estimates. At the first time for you to speak state "Your honor, I have filed declarations that are late under the local court rules, if those declarations will not be considered by the court I am requestig a continuance." If you ask the court for the continuance after the court has heard much of the evidence, you will likely be denied the continuance and your request that the declarations be considered. Good Luck, Pat McCrary

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Answered on 4/18/08, 5:36 pm


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