Section § 210

Explanation

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.

Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.

Section § 211

Explanation

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.

Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.

Section § 211.5

Explanation
Starting January 1, 2024, if you're a veteran involved in certain legal proceedings, the court must give you information on resources for veterans, including contacts for the Department of Veterans Affairs. You can choose to share your veteran status using a special form. If you do, the court will send this form to the Department, which will then reach out to you. Finally, the Judicial Council might update the necessary rules and forms to make all this work smoothly.
(a)Copy CA Family Law Code § 211.5(a)
(1)Copy CA Family Law Code § 211.5(a)(1) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs.
(2)CA Family Law Code § 211.5(a)(2) The veteran may, at their discretion, provide the information about their veteran status on the Judicial Council military service form, file the form with the court, and serve it on the other parties to the action.
(b)Copy CA Family Law Code § 211.5(b)
(1)Copy CA Family Law Code § 211.5(b)(1) When a person files a form identifying the person as a veteran pursuant to paragraph (2) of subdivision (a), the court shall transmit a copy of the form to the Department of Veterans Affairs.
(2)CA Family Law Code § 211.5(b)(2) Upon receipt of a copy of the form, the Department of Veterans Affairs shall, within a reasonable time, contact the person using the information provided on the form.
(c)CA Family Law Code § 211.5(c) On or before January 1, 2024, the Judicial Council may amend or develop the rules and forms necessary to implement this section.

Section § 212

Explanation

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.

A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.

Section § 213

Explanation

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.

(a)CA Family Law Code § 213(a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court.
(b)CA Family Law Code § 213(b) This section applies in any of the following proceedings:
(1)CA Family Law Code § 213(b)(1) A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
(2)CA Family Law Code § 213(b)(2) A proceeding relating to a protective order described in Section 6218.
(3)CA Family Law Code § 213(b)(3) Any other proceeding in which there is at issue the visitation, custody, or support of a child.

Section § 214

Explanation

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.

Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and the persons involved, direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel.

Section § 215

Explanation

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.

(a)CA Family Law Code § 215(a) Except as provided in subdivision (b) or (c), after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless any prior notice otherwise required to be given to a party to the proceeding is served, in the same manner as the notice is otherwise permitted by law to be served, upon the party. For the purposes of this section, service upon the attorney of record is not sufficient.
(b)CA Family Law Code § 215(b) A postjudgment motion to modify a custody, visitation, or child support order may be served on the other party or parties by first-class mail or airmail, postage prepaid, to the persons to be served. For any party served by mail, the proof of service shall include an address verification.
(c)CA Family Law Code § 215(c) This section does not apply if the court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case. In those cases, service of a motion on any outstanding matter shall be served either upon the attorney of record, if the parties are represented, or upon the parties, if unrepresented. However, if there has been no pleading filed in the action for a period of six months after the entry of the bifurcated judgment, service shall be upon both the party, at the party’s last known address, and the attorney of record.

Section § 216

Explanation

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.

(a)CA Family Law Code § 216(a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments.
(b)CA Family Law Code § 216(b) There shall be no ex parte communications between counsel appointed by the court pursuant to Section 3150 and a court-appointed or court-connected evaluator or mediator, except when it is expressly authorized by the court or undertaken pursuant to paragraph (5) of subdivision (c) of Section 3151.
(c)CA Family Law Code § 216(c) Subdivisions (a) and (b) shall not apply in the following situations:
(1)CA Family Law Code § 216(c)(1) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Sections 3113, 3181, and 3192.
(2)CA Family Law Code § 216(c)(2) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Rule 5.215 of the California Rules of Court.
(3)CA Family Law Code § 216(c)(3) If the mediator or evaluator determines that ex parte communication is needed to inform the court of the mediator’s or evaluator’s belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or the party.
(d)CA Family Law Code § 216(d) This section shall not be construed to limit the responsibilities a mediator or evaluator may have as a mandated reporter pursuant to Section 11165.9 of the Penal Code or the responsibilities a mediator or evaluator have to warn under Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section 43.92 of the Civil Code.
(e)CA Family Law Code § 216(e) The Judicial Council shall, by July 1, 2006, adopt a rule of court to implement this section.

Section § 217

Explanation

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.

(a)CA Family Law Code § 217(a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties.
(b)CA Family Law Code § 217(b) In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and shall state its reasons for the finding on the record or in writing. The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court regarding the factors a court shall consider in making a finding of good cause.
(c)CA Family Law Code § 217(c) A party seeking to present live testimony from witnesses other than the parties shall, prior to the hearing, file and serve a witness list with a brief description of the anticipated testimony. If the witness list is not served prior to the hearing, the court may, on request, grant a brief continuance and may make appropriate temporary orders pending the continued hearing.

Section § 218

Explanation

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.

With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the postjudgment pleadings currently before the court. The date initially set for trial of the action specified in subdivision (a) of Section 2024.020 of the Code of Civil Procedure shall mean the date the postjudgment proceeding is set for hearing on the motion or any continuance thereof, or evidentiary trial, whichever is later.