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Procedures and Required Documents for Order to Show Cause ...

Procedures and Required Documents for Order to Show Cause ...

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PLEASE NOTE: THIS PACKET DOES NOT INCLUDE PROVISIONS FOR SUPPORT<br />

County of San Bernardino<br />

OFFICE OF THE COUNTY CLERK<br />

West District<br />

8303 Haven Avenue<br />

Rancho Cucamonga, CA 91730<br />

Central District<br />

351 North Arrowhead, Fifth Floor<br />

San Bernardino, CA 92415-0210<br />

North Desert District<br />

235 East Mountain View Avenue<br />

Bars<strong>to</strong>w, CA 92311<br />

Desert District<br />

14455 Civic Drive<br />

Vic<strong>to</strong>rville, CA 92392<br />

East Desert District<br />

6527 White Feather Road<br />

Joshua Tree, CA 92252<br />

All documents must be typewritten or printed in black ink<br />

PROCEDURES AND REQUIRED DOCUMENTS FOR ORDER TO SHOW CAUSE HEARINGS<br />

An "<strong>Order</strong> <strong>to</strong> <strong>Show</strong> <strong>Cause</strong>" is a preliminary hearing in the court process leading <strong>to</strong> a dissolution of your marriage. It<br />

is <strong>for</strong> the purpose of making immediate, temporary orders on such issues as support, cus<strong>to</strong>dy <strong>and</strong> visitation of children,<br />

use of community assets, restraining orders, etc., which will remain in effect during the time your case is pending in<br />

the court. These temporary orders will be superseded by the orders made in the Judgment of Dissolution at the<br />

conclusion of your case. An <strong>Order</strong> <strong>to</strong> <strong>Show</strong> <strong>Cause</strong> hearing is NOT the hearing at which your "divorce" will be obtained.<br />

An "O.S.C." hearing should only be set when it is necessary <strong>to</strong> have orders made quickly <strong>to</strong> maintain the status quo or<br />

<strong>for</strong> protection in an emergency.<br />

Effective January 1, 1981, all <strong>Order</strong>s <strong>to</strong> <strong>Show</strong> <strong>Cause</strong> heard in San Bernardino County will be determined<br />

solely on the basis of written declarations or affidavits submitted by the parties <strong>and</strong> optional oral argument.<br />

No oral testimony will be permitted except in the discretion of the Court <strong>for</strong> good cause shown.<br />

If you wish <strong>to</strong> have an <strong>Order</strong> <strong>to</strong> <strong>Show</strong> <strong>Cause</strong> hearing, the following procedures must be followed. This is a basic<br />

summary of the general requirements <strong>for</strong> filing <strong>and</strong> setting an O.S.C. hearing, but your particular case may require<br />

that you meet more detailed requirements as set <strong>for</strong>th in the Cali<strong>for</strong>nia Judicial Council Family law Rules of Court <strong>and</strong><br />

pertinent state statutes. Follow any additional instructions given you by a clerk of the Court or the Court itself.<br />

An <strong>Order</strong> <strong>to</strong> <strong>Show</strong> <strong>Cause</strong> Packet can be obtained at any of the above-mentioned offices, then complete as follows:<br />

Type or print in black ink three copies of each of the following documents <strong>and</strong> submit them <strong>for</strong> filing at the County<br />

Clerk's office:<br />

ORDER TO SHOW CAUSE <strong>for</strong>m.<br />

APPLICATION FOR ORDER AND SUPPORTING DECLARATION FOR ORDER TO SHOW CAUSE <strong>for</strong>m.<br />

PROOF OF SERVICE <strong>for</strong>m. (1 <strong>for</strong>m only)<br />

TEMPORARY RESTRAINING ORDER <strong>for</strong>m (if temporary restraining orders are requested).<br />

INCOME AND EXPENSE DECLARATION <strong>and</strong> MINIMUM CHILD SUPPORT WORKSHEET (if child support or spousal<br />

support is requested).<br />

Supporting Affidavits or Declarations in your own words, which shall set <strong>for</strong>th fully the following:<br />

Reasons why the temporary restraining orders are necessary pending the hearing, if such are requested. You<br />

must give details <strong>and</strong> dates of recent incidents that demonstrate the need <strong>for</strong> the temporary restraining orders.<br />

Reasons why the requests which are <strong>to</strong> be considered by the Court at the time of the hearing should be granted.<br />

DO NOT include in your declaration any "hearsay" evidence, i.e., in<strong>for</strong>mation <strong>to</strong>ld <strong>to</strong> you by a third party. Include<br />

only in<strong>for</strong>mation of which you have personal knowledge or statements made by the other party directly <strong>to</strong> you.<br />

Additional supporting affidavits or declarations of third persons, not parties <strong>to</strong> the action, may be submitted if<br />

they are relevant <strong>and</strong> con<strong>for</strong>m <strong>to</strong> Evidence Code st<strong>and</strong>ards. Such third persons must, however, be available in<br />

Court at the time of the hearing <strong>for</strong> such cross-examination as may be required or permitted by the Court.<br />

13-18370-360 Rev. 1/94 SB-18370


THE FOLLOWING DOCUMENTS ARE TO BE LEFT ENTIRELY BLANK, AND ARE TO BE SERVED ON THE OPPOSING<br />

PARTY ALONG WITH COPIES OF THE DOCUMENTS LISTED ABOVE:<br />

Two blank copies of the RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE <strong>for</strong>m.<br />

One blank PROOF OF SERVICE <strong>for</strong>m.<br />

Upon receipt of all of the above documents <strong>and</strong> the appropriate filing fee, the Clerk will file the originals of<br />

each of the completed documents <strong>and</strong> the O.S.C. hearing will be set in a designated department (courtroom). The<br />

copies will be con<strong>for</strong>med <strong>and</strong> returned <strong>to</strong> you. One set should be retained <strong>for</strong> your own records, <strong>and</strong> one copy of<br />

each document filed must be served on the opposing party, along with the blank copies in<strong>for</strong>mation sheet <strong>and</strong> pink<br />

notice mentioned.<br />

All of the documents described above must be served on the opposing party NOT LESS THAN 15 DAYS PRIOR TO<br />

THE HEARING. If service is <strong>to</strong> be accomplished by any means other than personal service on the opposing party,<br />

the required time <strong>for</strong> service in advance of the hearing may be even longer, <strong>and</strong> you should refer <strong>to</strong> Code of Civil<br />

Procedure Section 1005.<br />

Failure <strong>to</strong> comply with the statu<strong>to</strong>ry requirements <strong>for</strong> the time of service will render the service ineffective, <strong>and</strong> you<br />

will have <strong>to</strong> have the matter reset <strong>and</strong> serve the opposing party again with notice of the new date <strong>and</strong> time.<br />

YOU MAY NOT SERVE THE OPPOSING PARTY YOURSELF, but any person over the age of eighteen years, other<br />

than you, may do so. A Proof of Service must be fully completed <strong>and</strong> signed by the person who accomplishes the<br />

service <strong>for</strong> you, <strong>and</strong> this document must be filed with the Court immediately. If it is not filed by you in advance of<br />

the hearing, bring the Proof of Service <strong>to</strong> Court with you on the date of the hearing. In the event that the opposing<br />

party elects not <strong>to</strong> appear in Court on the date of the hearing, the Proof of Service is ABSOLUTELY REQUIRED <strong>to</strong> be<br />

produced <strong>for</strong> the Court or no action can be taken <strong>to</strong> grant your requests. There will be no exception <strong>to</strong> this rule.<br />

On the day of the hearing, you should arrive in the courtroom a few minutes be<strong>for</strong>e the designated time <strong>and</strong> check<br />

in with the courtroom Clerk. Being late <strong>to</strong> Court may result in your matter being taken off calendar on in default<br />

orders being made against you. In the event of an emergency that prevents your prompt arrival in Court at the<br />

appointed time, you may telephone the courtroom Clerk <strong>to</strong> request that your message be given <strong>to</strong> the Judge, but<br />

you should still arrive as quickly as possible. You will also find that the Clerk's telephone is often busy just be<strong>for</strong>e<br />

the Court convenes, <strong>and</strong> you may not get through.<br />

When your case is called, st<strong>and</strong> <strong>and</strong> identify yourself. When it is called again <strong>for</strong> the actual hearing, come <strong>for</strong>ward<br />

<strong>to</strong> the counsel table <strong>and</strong> be prepared <strong>to</strong> conduct the hearing. Keep in mind that while the Court may be personally<br />

sympathetic <strong>to</strong> the fact that you are not an at<strong>to</strong>rney, the Court may not help you present your case <strong>and</strong>, in so doing,<br />

act as your at<strong>to</strong>rney. If you choose <strong>to</strong> represent yourself in a court of law, you will be held <strong>to</strong> the same st<strong>and</strong>ards as<br />

an at<strong>to</strong>rney. You will be required <strong>to</strong> conduct your case on your own, following all the cus<strong>to</strong>mary rules <strong>and</strong><br />

procedures expected of an at<strong>to</strong>rney. For the purposes of the O.S.C. hearing, most of your case will have been<br />

presented in your declarations, if they are properly <strong>and</strong> fully completed, <strong>and</strong> you will be required only <strong>to</strong> state a<br />

summary of your position in optional oral argument.<br />

Be prepared, in the event that your case involves a dispute as <strong>to</strong> cus<strong>to</strong>dy or visitation of children, that you will be<br />

required <strong>to</strong> participate in mediation ef<strong>for</strong>ts with the assistance of a court counselor in the Family Court Services<br />

department be<strong>for</strong>e the Court hears any evidence in your case. This mediation is required by statute in Cali<strong>for</strong>nia.<br />

This procedure may consume most of the day on the date of the hearing or require you <strong>to</strong> return on a later date <strong>to</strong><br />

complete your hearing.

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