Official Judicial Council forms for California are the topic of this blog post. These forms are adopted as mandatory or approved as optional by the Judicial Council of California pursuant to the provisions of California Government Code section 68511. Mandatory forms must be used while optional forms may be used although some counties may require their use. An example of a mandatory form is Form FL-100 which is the Petition form used to request a dissolution, legal separation or nullity in California. An example of an optional form is form FL-145 which is the Form Interrogatories that may be used for Family Law cases.
Certain types of California litigation such as family law and probate require the use of numerous mandatory Judicial Council forms.
To determine whether a particular form is mandatory or optional, look at the lower left corner of the first page of each form. This will state whether the form was adopted as mandatory or was approved as optional by the Judicial Council of California. Any attorney or party involved in California litigation should carefully review their local court rules as the local rules of some courts make the use of some or all optional Judicial Council forms mandatory in the courts located in that county.
Optional forms must be accepted by all courts pursuant to California Rule of Court 1.35 so long as they are applicable to the case in which they are used.
A fact that few people that work in the legal profession are aware of is that the lower right corner of the first page of many Judicial Council forms cites the California code sections that are applicable to that form. For example form FL-145 mentioned previously cites Code of Civil Procedure sections 2030.10 through 2030.410 as well as Code of Civil Procedure section 2033.710 all of which are applicable to that form. Anyone served with a form may want to carefully review the lower right corner of the first page, and then review all code sections cited. This may prove to be useful in certain cases.
For more information on California Judicial Council forms visit the California Courts official website for forms at the following link: http://www.courts.ca.gov/forms.htm
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The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents as the owner and creator of LegalDocsPro.
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Copyright 2013 Stan Burman. All rights reserved.
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Filed under: California civil litigation, California Dissolution of Marriage, California Divorce, California freelance paralegal, California Probate | Tagged: California court forms, California judicial council, California law, Judicial council forms in California, Law, mandatory judicial council forms, optional judicial council forms | Leave a comment »