Stanislaus — Notice of fl cmc

Source: https://www.stanislaus.courts.ca.gov/system/files/notice_of_fl_cmc.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, ADDRESS, PHONE) FOR COURT USE ONLY

Attorney for:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS

Street Address: 800 11th Street, Modesto, CA 95354 Civil Clerk’ Office: 1100 I Street, P.O. Box 1098, Modesto, CA 95353

Petitioner: RELATED CASE NOS: ____________________ Respondent:

NOTICE OF FAMILY LAW CASE NO:________________

CASE MANAGEMENT CONFERENCE TO ALL PARTIES: YOU MUST APPEAR AT THE FOLLOWING HEARING AS SCHEDULED BELOW. THIS HEARING IS NOT THE TRIAL!

Date: Time: AM/PM Dept#:

This case is assigned to Judge , Dept for all purposes.

NOTICE TO THE PETITIONER (PERSON WHO FILED THIS CASE WITH THE COURT) – YOU MUST DO ALL OF THE FOLLOWING: 1. The petition must be served on the other party, and proof of service of the petition must be filed within sixty (60) calendar days after the petition is filed. If a responsive pleading is not filed within thirty (30) calendar days after service of the petition, you must file a request for the entry of default, form #FL-165. After filing the request for entry of default, you must file the necessary documents to obtain the default judgment and conclude your case. You may obtain information and assistance in preparing these documents from our Family Law Facilitator/Self Help Center, 800 11th Street, Room 220, Modesto, CA. 2. You must also serve a copy of this Notice of Case Management Conference on the other person (respondent) with the petition along with a blank Case Management Conference Statement. You must also file a proof of service of the Notice of Case Management Conference within five (5) calendar days after the documents are served on the other person. 3. A Case Management Conference Statement form FL-005 must be filed with the court and served on all parties by each counsel or self-represented party by the 15 th calendar day before the date set for the Case Management Conference. NOTICE TO THE RESPONDENT (PERSON WHO IS RESPONDING TO THIS CASE) - YOU MUST DO ALL OF THE FOLLOWING: 1. You must serve the other party and file your response to this case within thirty (30) days after you are served with the petition. This time may not be extended except as authorized by Local Rule 7.03. Your failure to file a timely response may result in a default being taken against you—preventing you from further participating in the case. 2. A Case Management Conference Statement form FL-005 must be filed with the court and served on all parties by counsel or self-represented party by the 15 th calendar day before the date set for the Case Management Conference. WARNING TO BOTH PARTIES: The Court can impose monetary sanctions and/or dismiss the case if the parties do not appear, if the parties do not timely file their Case Management Conference Statements, or if the parties fail to follow the rules set forth above . Date: Clerk, by ,Deputy (SEE PAGE 2 FOR ADDITIONAL IMPORTANT INFORMATION) NOTICE OF CASE MANAGEMENT CONFERENCE FL007 (Mandatory Form) Rev. 1/08

IMPORTANT CASE MANAGEMENT CONFERENCE INFORMATION, RULES, & REQUIREMENTS

. Counsel and self-represented parties are obligated to review and comply with Local Rules regarding Family Law proceedings at the following website: http://www.stanct.org/courts/RULES/index.html . If you do not file the Case Management Conference Statement required by local rule, or attend the case management conference or participate effectively in the conference, the Court may impose sanctions (including dismissal of the case, striking of the petition/response, and/or requiring payment of money).

A. Subjects to be considered at the case management conference. At the case management conference, the parties must address, if applicable, and the court may take appropriate action with respect to the following: Whether there are any related cases; Whether any additional parties may be joined in the proceeding; Whether there are any other matters (e.g. out of state custody orders) that may affect the court's jurisdiction or processing the case; Whether the parties have agreements on issues such as child custody, child support, spousal support, or division of property; Whether discovery has been completed and, if not, by when it will be completed; Whether certain issues (e.g. marital status, date of separation, or date of valuation) should be bifurcated; Whether the case is entitled to any statutory preference, and if so, the statute granting the preference; If the trial date has not been previously set, the date by which the case will be ready for trial and the available trial dates; The estimated length of trial; The nature of the disputed issues; and other matters that should be considered by the court or addressed in its case management order.

B. Meet and confer requirement. Unless the court orders another time period, no later than thirty (30) days before the initial case management conference, the parties must meet and confer, unless there exists a current restraining order prohibiting personal contact with the other party and both parties are self-represented, in person or by telephone, to consider each of the issues identified in subdivision A, and, in addition, to consider the following: Identifying and, if possible, informally resolving any anticipated motions; Identifying the facts and issues in the case that are uncontested and may be stipulated to; Identifying the facts and issues in the case that are in dispute; Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise; Possible settlement; and other relevant matters.

C. Case Management Statement. No later than fifteen (15) calendar days before the initial case management conference date, each party must file an initial case management statement with the clerk of the court. The parties must use the Mandatory Case Management Conference Statement. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two or more parties may file a joint statement.

D. Case management order. The court will issue a case management order in each case. The order will set a schedule for subsequent proceedings and otherwise provide for the management of the case.

E. Order to Show Cause. The court may issue an Order to Show Cause to any party violating any provision of this rule. Responsive papers to the Order to Show Cause may be filed and served no later than five (5) court days before the hearing. The court may issue monetary sanctions up to $300 and/or dismiss the petition and/or strike the response.

Sanctions that typically will be imposed at the Order to Show Cause Hearing.

Failure to file proof of service timely.

1st Violation $100 per party

2nd and subsequent violations $150 per party/dismissal of petition or striking of response.

Failure to meet and confer $50 to $250

Failure to fully complete the Case Management Conference Statement $50 to $100/striking the statement

The following sanctions will apply without issuing an Order to Show Cause:

Failure to appear at Case Management Conference $300

Failure to file a Case Management Conference Statement $150

Failure to timely file Case Management Conference Statement ($100 if filed day of the conference) (1/1/05) $25 Page 2