Q: When serving a petition to the respondent, is it required for the petitioner to include a blank response form?
After the petitioner files a petition with the court, they must give service to the other party, the respondent. Proper service requires that the petitioner include a blank response form and a blank proof of service form along with the service. This is to give the respondent the chance to defend themselves against and/or dispute the allegations stated against them in the petition that was filed. A person has a right to defend themselves and to a fair trial in a court of law. If the respondent receives the petition absent of the other required forms and then the petitioner withholds the information that they have an option to file a response to the petition when asked what their options are, isn't this purposely denying a persons right to defend themselves against and/or dispute the allegations stated against them in the petition?
A: Court forms are publicly available online at courts.ca.gov and at the courthouse. Failing to provide a blank responsive form is a faux pas which may result in a continuance re: time to respond. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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