San Jose, CA asked in Criminal Law and Family Law for California

Q: Rule 5.98 Meet and Confer (a)

In short the rule states towards end of (a) within rule 5.98 "The requirement to meet and confer 31 does not apply to cases involving domestic violence"

Now the questions is, what is this?

The only exception is when both parties are self-represented and there are no-contact restraining orders prohibiting contact.

Huge difference. what is the rule and is it only for self or all and or what is the scope here please. do they have to meet if one party have an atty or is it just dont worry go to court and no obligations? I cannot see or understand thsi rule if one party have an atty but has no obligations to meet / confer

P.S is difference if dvro is criminal or not ? or is meet and confer same rule.

Thoughts please. Thank you so much in advanced.

Related Topics:
1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Redding, CA
  • Licensed in California

A: Your question is a little unclear. This rule very simply states that the parties, or their attorneys, are to meet and confer prior to the hearing. It doesn't indicate anything about both parties being unrepresented as an exception.

The only exception is where there is domestic violence is involved. The courts want you to try and resolve issues on your own before having to litigate the matter. If you are represented than your attorney would facilitate the meet and confer requirements.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.