Legal Question in Real Estate Law in California

Re: What should i do if out of country while in the middle of a civil law suit?

An attorney prepares, files and serves a document (not a form) usually entitled "Notice of Unavailability of Counsel." All the necessary information (except the proof of service) can usually be squeezed onto the caption page. If you are a self-represented person, I suppose the document would be prepared to read "Notice of Unavailability of Self-Represented Party."

By the way, the court is unlikely to be looking for you before the first scheduled Case Management Conference, which is usuall more than 90 days after the suit is filed, so your main concern would be with something initiated by opposing counsel or party, such as a demurrer or motion to quash service of process.

There are other possible ways to handle your absence. First, who is going to be getting your mail while you are away? Are you just having the post office hold it? Keep in mind that legal business can be transacted by FAX and e-mail from almost anywhere in the World. I have filed suits in Southern California while in the Canadian Maritime Provinces. Some county courts give you good access to recent filings; others do not. You might want to see whether your court posts information about newly-filed motions and demurrers. Legal secretarial services can make copies of things on the court file for you and FAX them anywhere. I suggest looking up "One Legal" and "Parasec" as services that can assist.

Finally, you can just call the defendant and notify him, her or it that you will be out of the country. Ask for voluntary holding-off on any filing other than an answer. Actually, you could even ask them not to file their answer until you return. Be prepared to agree not to take the defendant's default until after the extended response time you grant, and if you reach an agreement, confirm it in writing.

You can probably find a Notice of Unavailability of Counsel (California style) on line somewhere, or at the courthouse. Unfortunately, there is no official form yet.

Re: What should i do if out of country while in the middle of a civil law suit?

You can serve and file a Notice of Unavailability. See Tenderloin Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299.

Why are you attempting to act as your own attorney if you don't know what you're doing?