General ProvisionsGeneral Procedural Provisions
Section § 210
This section essentially says that unless there's a specific rule or law that says otherwise, the same rules that apply to regular civil lawsuits also apply to family law cases. This includes rules starting with Section 391 of the Code of Civil Procedure.
Section § 211
This law says that the Judicial Council has the authority to set the rules and procedures for family law cases, regardless of what other laws might say.
Section § 211.5
Section § 212
Whenever you submit paperwork like a petition, response, or application to the court related to this code, you must officially swear that the information is true through a process called verification.
Section § 213
If someone asks the court for something, the other person involved can request different relief on the same issues by filing a response in the time allowed. This rule applies in divorce, annulment, separation cases, domestic violence protective order cases, and cases about child visitation, custody, or support.
Section § 214
This law allows a court to hold a trial privately if it believes that privacy is needed for fairness and to protect those involved. In such cases, only court officials, the parties involved, their lawyers, and witnesses can attend.
Section § 215
This law outlines the procedures for modifying a judgment or order related to marriage dissolution, legal separation, or child-related issues like custody and support. Generally, you can't change these orders unless you notify the other party in the proper way. For changes to custody or support, you can notify the other party by mail, but you have to include proof of their address. If the court decides to handle some issues separately, the rules are a bit different, and the service must be more direct.
Section § 216
This law section focuses on communication rules during family court proceedings. It generally prohibits ex parte communications, which are private communications between a lawyer and the court without the other party present. This rule applies to conversations between attorneys and court-appointed mediators or evaluators, unless both sides agree otherwise or it's about scheduling. Exceptions exist, such as in cases involving domestic violence or when immediate action is required to protect someone's safety. Additionally, mediators or evaluators can still fulfill their duties, like reporting child abuse or threats of harm, without breaching these rules. By July 2006, the Judicial Council had to establish a rule to enforce this law.
Section § 217
This law says that during specific court hearings, the court should allow live, relevant testimony unless both sides agree otherwise or there is a good reason not to, which the court must explain. If a party wants witnesses to testify, they must give a list describing what each witness will talk about before the hearing. If they don't, the court might delay the hearing and make temporary decisions until it continues. There's also a rule for when it's okay not to have live testimony.
Section § 218
In family law cases, if someone files a new motion or request after a judgment has already been made, the process of gathering evidence and information, known as discovery, will automatically start again. This applies to the issues discussed in the new request. The 'trial date' for these matters will be the date set for the new hearing or any rescheduled dates.