Legal Question in Family Law in California
proper filing and serving proceedure
My husband is in proper and he filed a motion for criminal and sanctions against his ex and her attorney for conspiring to conceal the location of their minor child. He served the opposing party and they responded, the court reviewed the motion and their response to it and set a date on calendar. It appears from the court web site that they were notified by the court and we know that they do know about it because they keep asking us to take it off calendar. At one time they did mention that they were not ''served'' but we responded ''too late you already responeded''. My question is, do they need to be reserved?
2 Answers from Attorneys
Re: proper filing and serving proceedure
not if they were already properly served. file the proof of service.
Re: proper filing and serving proceedure
After the court signed the order setting a date for the hearing a copy of the signed order has to be served on the ex and her attorney.