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CA Rules of Court -Title_5

CA Rules of Court -Title_5

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Published by: Destiny Ann on Jun 04, 2012
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Title 5. Family and Juvenile Rules
 Rule 5.1. Title
Rule 5.1. Title
The rules in this title may be referred to as the Family and Juvenile Rules.
 Rule 5.1 adopted effective January 1, 2007.
Division 1. Family RulesChapter 1. General Provisions
 Rule 5.5. Division title Rule 5.10. Definitions and use of terms Rule 5.15. Extensions of time Rule 5.20. Application of rules Rule 5.21. General law applicable Rule 5.22. Other proceedings Rule 5.25. Status of family law and domestic violence forms Rule 5.26. Use of forms in nonfamily law proceedings Rule 5.27. Use of interstate forms Rule 5.28. Domestic partnerships Rule 5.35. Minimum standards for the Office of the Family Law Facilitator Rule 5.70. Nondisclosure of attorney assistance in preparation of court documents Rule 5.71. Application to be relieved as counsel on completion of limited scope representation
Rule 5.5. Division title
The rules in this division may be referred to as the Family Rules.
 Rule 5.5 adopted effective January 1, 2007.
Rule 5.10. Definitions and use of terms
As used in this division, unless the context or subject matter otherwise requires, thefollowing definitions apply:(1) “Family Code” means that code enacted by chapter 162 of the Statutes of 1992 andany subsequent amendments to that code.
 
 
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(2) “Proceeding” means a proceeding under the Family Code for dissolution of marriage, nullity of marriage, legal separation, custody and support of minorchildren, or actions under the Domestic Violence Prevention Act, the UniformParentage Act, the Uniform Child Custody Jurisdiction and Enforcement Act, orthe Uniform Interstate Family Support Act; local child support agency actionsunder the Family Code; and contempt proceedings relating to family law or localchild support agency actions.(3) “Property” includes assets and obligations.(4) “Best interest of the child” is described in Family Code section 3011.
 Rule 5.10 amended effective January 1, 2008; adopted as rule 1201 effective January 1, 1970; previously amended effective January 1, 1994, January 1, 1999, and January 1, 2007; previouslyamended and renumbered effective January 1, 2003.
Rule 5.15. Extensions of time
The time within which any act is permitted or required to be done by a party under theserules may be extended by the court upon such terms as may be just.
 Rule 5.15 renumbered effective January 1, 2003; adopted as rule 1203 effective January 1, 1970.
Rule 5.20. Application of rules
The rules in this division apply to every action and proceeding as to which the FamilyCode applies and, unless these rules elsewhere explicitly make them applicable, do notapply to any other action or proceeding.
 Rule 5.20 amended effective January 1, 2007; adopted as rule 1205 effective January 1, 1970; previously amended effective January 1, 1979, January 1, 1994, and January 1, 1999; previouslyamended and renumbered effective January 1, 2003.
Rule 5.21. General law applicable
Except as otherwise provided in these rules, all provisions of law applicable to civilactions generally apply to a proceeding under the Family Code if they would otherwiseapply to such proceeding without reference to this rule. To the extent that these rulesconflict with provisions in other statutes or rules, these rules prevail.
 Rule 5.21 amended and renumbered effective January 1, 2003; adopted as rule 1206 effective January 1, 1970; previously amended effective January 1, 1994.
Rule 5.22. Other proceedings
In any action under the Family Code but not otherwise subject to these rules by virtue of rule 5.10(2), all provisions of law applicable to civil actions generally apply. Such an
 
 
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action must be commenced by filing an appropriate petition, and the respondent must filean appropriate response within 30 days after service of the summons and a copy of thepetition.
 Rule 5.22 amended effective January 1, 2007; adopted as rule 1207 effective January 1, 1970; previously amended effective January 1, 1994; previously amended and renumbered effective January 1, 2003.
Rule 5.25. Status of family law and domestic violence forms
All forms adopted or approved by the Judicial Council for use in any proceeding underthe Family Code, including any form in the FL, ADOPT, DV, and FJ series, are adoptedas rules of court under the authority of Family Code section 211; article VI, section 6 of the California Constitution; and other applicable law.
 Rule 5.25 amended and renumbered effective January 1, 2003; adopted as rule 1278 effective January 1, 2001.
Rule 5.26. Use of forms in nonfamily law proceedings
The forms specified by this division may be used, at the option of the party, in anyproceeding involving a financial obligation growing out of the relationship of parent andchild or husband and wife, to the extent they are appropriate to that proceeding.
 Rule 5.26 amended and renumbered effective January 1, 2003; adopted as rule 1275 effective July 1, 1985.
Rule 5.27. Use of interstate forms
Notwithstanding any other provision of these rules, all Uniform Interstate Family SupportAct forms approved by either the National Conference of Commissioners on UniformState Laws or the U.S. Department of Health and Human Services are adopted for use infamily law and other support actions in California.
 Rule 5.27 renumbered effective January 1, 2003; adopted as rule 1276 effective July 1, 1988;amended effective January 1, 1998.
Rule 5.28. Domestic partnerships(a) Procedures for obtaining a dissolution, a legal separation, or an annulment of a domestic partnership
(1)
Petition—Domestic Partnership (Family Law)
(form FL-103) must be filed tocommence an action for dissolution, legal separation, or annulment of adomestic partnership.
 Response—Domestic Partnership (Family Law)
(formFL-123) must be filed in response to this petition.

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