Part 1 · Family Rules

Rule 5.62. Appearance by respondent

Amended July 1, 2016 (current)

(a) Use of terms In a family law proceeding, the term “request for order” has the same meaning as the terms “motion” or “notice of motion” when they are used in the Code of Civil Procedure.

(b) Appearance Except as provided in Code of Civil Procedure section 418.10 and Family Code sections 2012 and 3409, a respondent is deemed to have made a general appearance in a proceeding when he or she files:

(1) A response or answer;

(2) A request for order to strike, under section 435 of the Code of Civil Procedure;

(3) A request for order to transfer the proceeding under section 395 of the Code of Civil Procedure; or

(4) A written notice of his or her appearance.

(c) Notice required after appearance After appearance, the respondent or his or her attorney is entitled to notice of all subsequent proceedings of which notice is required to be given by these rules or in civil actions generally.

(d) No notice required Where a respondent has not appeared, notice of subsequent proceedings need not be given to the respondent except as provided in these rules.

Committee Notes

(Subd (a) adopted effective July 1, 2016.)

(Subd (b) amended and relettered effective July 1, 2016; adopted as subd (a).)

(Subd (c) amended and relettered effective July 1, 2016; adopted as subd (b).)

(Subd (d) amended and relettered effective January 1, 2016; adopted as subd (c).)