Rule 5.325. Procedures for clerk's handling of combined summons and complaint

(a) Purpose This rule provides guidance to court clerks in processing and filing theSummons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)(form FL-600) for actions under Family Code section 17400 or 17404.

(b) Filing of complaint and issuance of summons The clerk must accept theSummons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)(form FL-600) for filing under Code of Civil Procedure section 411.10. The clerk must issue the original summons in accordance with Code of Civil Procedure section 412.20 by filing the original form FL-600 and affixing the seal of the court. The original form FL-600 must be retained in the court’s file.

(c) Issuance of copies of combined summons and complaint Upon issuance of the original summons, the clerk must conform copies of the filed form FL-600 to reflect that the complaint has been filed and the summons has been issued. A copy of form FL-600 so conformed must be served on the defendant in accordance with Code of Civil Procedure section 415.10 et seq.

(d) Proof of service of summons Proof of service of theSummons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)(form FL-600) must be on the form prescribed by rule 2.150 or any other proof of service form that meets the requirements of Code of Civil Procedure section 417.10.

(e) Filing of proposed judgment and amended proposed judgment The proposed judgment must be an attachment to theSummons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)(form FL-600) and must not be file-endorsed separately. An amended proposed judgment submitted for filing must be attached to theDeclaration for Amended Proposed Judgment(form FL-616), as required by Family Code section 17430(c), and a proof of service by mail, if appropriate. Upon filing, theDeclaration for Amended Proposed Judgmentmay be file-endorsed. The amended proposed judgment must not be file-endorsed.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(Subd (b) amended effective January 1, 2003.)

(Subd (c) amended effective January 1, 2003.)

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2003.)