Santa Clara — FM-1036*

Source: https://santaclara.courts.ca.gov/system/files/forms/fm-1036_rem.pdf

ATTACHMENT FM-1036 SUPERIOR COURT OF CALIFORNIA FOR COURT USE ONLY COUNTY OF SANTA CLARA FAMILY JUSTICE CENTER

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:

STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
COURT SERVICES RECORDS AND ORDER FCS NUMBER:

Petitioner/Plaintiff, self-represented, or through his/her legal counsel,

and/or Respondent/Defendant, self-represented, or through his/ her legal counsel,

, and/or Counsel for the Minor,

stipulate to the following and request that it be made an order of this Court.

1. The parties stipulate that the following Family Court Services records may be released:

   ;

   to: .

   Mediation notes, computerized criminal record check documents, police reports, Juvenile Court and

   Child Protective Service records, and any documents the re-disclosure of which is prohibited by

   Federal or State law and reports shall not be released.

   Parties shall provide FCS with a copy of the filed court protective order and call in advance to make sure the

   file is available. Parties shall pick up the records from Family Court Services.

2. All Family Court Services (FCS) records shall be marked Confidential by the disclosing party, and their

   contents shall be used solely in the above-entitled Family Court action for purposes of this litigation, and only

   in accordance with the terms of this Order. The Family Court Services records shall not be exhibited nor

   disclosed to other persons except as specifically provided in the order and shall not be used for any other

   purpose or disseminated in any other form without the express order of the Court after notice to the parties,

   Family Court Services and the attorney for Family Court Services.

3. The Family Court Services records marked confidential and their contents may be exhibited and/or disclosed

   only to the parties and counsel for parties to this action, and other persons who are directly engaged in

   representing the parties as agents and/or employees of the parties or counsel for the parties, including experts

   and investigators, who shall be subject to the same terms of this Order.

4. Nothing contained herein shall prohibit the parties or counsel for the parties or any other party to this action

from using or referring to the Family Court Services records in motion papers or pleadings filed with the Court

in this action or upon appeal. However, in the event such documents should be contained within any

pleadings, any party or FCS will have the right to move that the pleadings be sealed pursuant to court order.

5. Where permitted by rules of evidence, the Family Court Services records may be exhibited to witnesses during FM-1036 REV STIPULATION RE: PROTECTIVE ORDER FOR FAMILY Page 1 of 2 07/01/2021 For Mandatory Use COURT SERVICES RECORDS AND ORDER

ATTACHMENT FM-1036 CASE NAME CASE NUMBER

the court proceedings in this action; provided, however, that to the extent that the transcript of any court

proceeding or the exhibits thereto incorporate the FCS records, that portion of the trial or pretrial transcript and

any such exhibits may be sealed in accordance with the Court’s rules and procedures upon application

therefore by a party or FCS.

6. At the conclusion of this Family Court litigation, by a judgment related to custody, and when all appeal rights

have been exhausted, the parties may retain a copy of each of the Family Court Services records.

7. All documents obtained from any juvenile case file or from any child welfare agency (collectively “juvenile case

   file,” as defined by California Rule of Court, Rule 5.552) must be treated as confidential by all parties and

   attorneys pursuant to Welfare and Institutional Code 827, 827.10, and Rule 5.552. Any party who seeks to file

   with the Family Court any juvenile case file document or record must first present a request to file such

   documents under seal pursuant to California Rules of Court, Rules 2.550 and 2.551.

8. Family Court Services may not release any documents originally contained in any juvenile case files. Such

   records must be obtained from the child welfare agency or the Juvenile Dependency Court, pursuant to

   Welfare and Institutions Code sections 827 or 827.10. Such records may not be disclosed to unauthorized

persons by the parties or counsel to this stipulation without a court order by the Juvenile Dependency Court. A

petition for disclosure under section 827 must be filed with the supervising judge of the Juvenile Dependency

Court at 201 North First Street, San José, CA 95113.

9. If there is any unauthorized disclosure of any Family Court Services records or juvenile case file information

   subject to this Order by any person, said person shall be subject to sanctions and contempt for violation of this

   Order.

Dated: Respondent/Defendant

Dated: Attorney for Respondent/Defendant

Dated: Petitioner/Plaintiff

Dated: Attorney for Petitioner/Plaintiff

Dated: Attorney for Minor(s)

ORDER

IT IS SO ORDERED.

Dated: Judicial Officer of the Superior Court

FM-1036 REV STIPULATION RE: PROTECTIVE ORDER FOR FAMILY Page 2 of 2 07/01/2021 For Mandatory Use COURT SERVICES RECORDS AND ORDER