Legal Question in Family Law in California
My ex filed an OSC that was continued due to lack of notice. I noticed that the judge had a fairly larger stack of papers than what I was served with originally. I went to the court and had my file pulled and found out that she filed about 25 more papges of attachments/exhibits with the court than she provided to me. Is there any code, rule, law that she has violated and I can reference in my response to the judge.
2 Answers from Attorneys
You can tell the judge in your responsive papers that you are not being provided with due process because the papers filed with the judge are not the papers which are being served to you. The judge will admonish the moving party to provide complete paperwork to the other side, and if you need time, the hearing will be continued for you to adequately prepare.
or self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
The papers served must be copies of the moving and supporting papers filed to to be filed with the court. (Code of Civ. Proc., sect. 1005.) http://law.onecle.com/california/civil-procedure/1005.html
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