SECTIONS 210-217
FAMILY.CODE
SECTION 210-217
SECTION 210-217
210. Except to the extent that any other statute or rules adoptedby the Judicial Council provide applicable rules, the rules ofpractice and procedure applicable to civil actions generally,including the provisions of Title 3a (commencing with Section 391) ofPart 2 of the Code of Civil Procedure, apply to, and constitute therules of practice and procedure in, proceedings under this code.211. Notwithstanding any other provision of law, the JudicialCouncil may provide by rule for the practice and procedure inproceedings under this code.212. A petition, response, application, opposition, or otherpleading filed with the court under this code shall be verified.213. (a) In a hearing on an order to show cause, or on amodification thereof, or in a hearing on a motion, other than forcontempt, the responding party may seek affirmative reliefalternative to that requested by the moving party, on the same issuesraised by the moving party, by filing a responsive declarationwithin the time set by statute or rules of court. (b) This section applies in any of the following proceedings: (1) A proceeding for dissolution of marriage, for nullity ofmarriage, or for legal separation of the parties. (2) A proceeding relating to a protective order described inSection 6218. (3) Any other proceeding in which there is at issue thevisitation, custody, or support of a child.214. Except as otherwise provided in this code or by court rule,the court may, when it considers it necessary in the interests ofjustice and the persons involved, direct the trial of any issue offact joined in a proceeding under this code to be private, and mayexclude all persons except the officers of the court, the parties,their witnesses, and counsel.215. (a) Except as provided in subdivision (b), after entry of ajudgment of dissolution of marriage, nullity of marriage, legalseparation of the parties, or paternity, or after a permanent orderin any other proceeding in which there was at issue the visitation,custody, or support of a child, no modification of the judgment ororder, and no subsequent order in the proceedings, is valid unlessany prior notice otherwise required to be given to a party to theproceeding is served, in the same manner as the notice is otherwisepermitted by law to be served, upon the party. For the purposes ofthis section, service upon the attorney of record is not sufficient. (b) A postjudgment motion to modify a custody, visitation, orchild support order may be served on the other party or parties byfirst-class mail or airmail, postage prepaid, to the persons to beserved. For any party served by mail, the proof of service mustinclude an address verification.216. (a) In the absence of a stipulation by the parties to thecontrary, there shall be no ex parte communication between theattorneys for any party to an action and any court-appointed orcourt-connected evaluator or mediator, or between a court-appointedor court-connected evaluator or mediator and the court, in anyproceedings under this code, except with regard to the scheduling ofappointments. (b) There shall be no ex parte communications between counselappointed by the court pursuant to Section 3150 and anycourt-appointed or court-connected evaluator or mediator, exceptwhere it is expressly authorized by the court or undertaken pursuantto paragraph (5) of subdivision (c) of Section 3151. (c) Subdivisions (a) and (b) shall not apply in the followingsituations: (1) To allow a mediator or evaluator to address a case involvingallegations of domestic violence as set forth in Sections 3113, 3181,and 3192. (2) To allow a mediator or evaluator to address a case involvingallegations of domestic violence as set forth in Rule 5.215 of theCalifornia Rules of Court. (3) If the mediator or evaluator determines that ex partecommunication is needed to inform the court of his or her belief thata restraining order is necessary to prevent an imminent risk to thephysical safety of the child or the party. (d) Nothing in this section shall be construed to limit theresponsibilities a mediator or evaluator may have as a mandatedreporter pursuant to Section 11165.9 of the Penal Code or theresponsibilities a mediator or evaluator may have to warn underTarasoff v. Regents of the University of California (1976) 17 Cal.3d425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section43.92 of the Civil Code. (e) The Judicial Council shall, by July 1, 2006, adopt a rule ofcourt to implement this section.217. (a) At a hearing on any order to show cause or notice ofmotion brought pursuant to this code, absent a stipulation of theparties or a finding of good cause pursuant to subdivision (b), thecourt shall receive any live, competent testimony that is relevantand within the scope of the hearing and the court may ask questionsof the parties. (b) In appropriate cases, a court may make a finding of good causeto refuse to receive live testimony and shall state its reasons forthe finding on the record or in writing. The Judicial Council shall,by January 1, 2012, adopt a statewide rule of court regarding thefactors a court shall consider in making a finding of good cause. (c) A party seeking to present live testimony from witnesses otherthan the parties shall, prior to the hearing, file and serve awitness list with a brief description of the anticipated testimony.If the witness list is not served prior to the hearing, the courtmay, on request, grant a brief continuance and may make appropriatetemporary orders pending the continued hearing.