What is the purpose of the California Fam 014 form?
The California Fam 014 form, also known as the Request for Trial Setting in Family Law, is used to notify the court that a case is ready for trial. It allows parties involved in a family law case to formally request a trial date, ensuring that all necessary steps have been taken to prepare for the hearing.
Who should complete the Fam 014 form?
The form should be completed by either a party involved in the case or their attorney. It is essential that the person filing the form has a thorough understanding of the case and can accurately represent the issues at hand.
What information is required on the Fam 014 form?
The form requires several key pieces of information, including the names and contact details of the parties involved, the case number, and the type of issues being addressed (such as custody, support, or property division). Additionally, an estimate of the time needed for the trial must be provided.
What happens if parties disagree on the trial time estimate?
If there is disagreement regarding the trial time estimate, any party not in agreement must file their own Request for Trial Setting within ten days of receiving the initial request. This ensures that the court is aware of differing views and can make an informed decision.
Is mediation required for child custody or visitation issues?
Yes, if child custody or visitation is an issue in the case, California Family Code Section 3170 mandates that mediation must occur before or at the same time as the hearing. This is intended to facilitate a resolution that is in the best interest of the child.
What should I do if I believe the Fam 014 form is defective?
If you believe the form is defective or premature, you can file a motion to strike it. This motion must be supported by an affidavit or declaration and filed within ten days of the service of the Request for Trial Setting. Be sure to check local rules for specific procedures and deadlines.
How is proof of service handled with the Fam 014 form?
Proof of service must be included with the Fam 014 form to demonstrate that all parties have been notified. This involves detailing how and when the form was mailed or served to the involved parties, ensuring compliance with legal requirements.
What is the significance of the trial attorney's information on the form?
The trial attorney's information is crucial as it identifies who will represent each party during the trial. This helps the court and other parties know who to contact regarding the case and ensures proper communication throughout the legal process.
Can the Fam 014 form be amended after it has been filed?
Yes, if there are changes that need to be made after filing the Fam 014 form, an amended version can be submitted. However, it is important to ensure that all parties are informed of any amendments to maintain transparency and avoid confusion.