Legal Question in Family Law in California

A judge has given a Final Statement of Decision. I would like to file a Motion to Reconsider under section 1008. My question is on how to file it. Should I file an Order to Show Cause? Should I just submit a declaration to the court clerk? My divorce case is in San Diego county.


Asked on 11/27/12, 10:01 am

2 Answers from Attorneys

You need more help than can be provided via an internet Q&A. For starters, you can't file a motion for reconsideration of a Final Statement of Decision under CCP sec. 1008. That section applies to motions and orders. You should go to the Family Law Facilitator in the courthouse in which your case is pending to get help.

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Answered on 11/27/12, 10:44 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. I would also add that technically, family law is not using OSC's anymore, but rather Requests For Orders (RFOs).

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Answered on 11/28/12, 4:47 pm


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