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.

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1 Lawyer Answer
Mike Darlington
Mike Darlington
PREMIUM
Answered
  • 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.

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