Cal. R. 5.62

As amended through September 20, 2024

Rule 5.62 - Appearance by respondent or defendant

(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.

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

(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.

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

(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.

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

Cal. R. Ct. 5.62

Rule 5.62 amended effective 7/1/2016; adopted effective 1/1/2013.