Q: Is declaration required for response to OSC re POS,?
Is declaration required for response to OSC re POS,?
A:
In California, when responding to an Order to Show Cause (OSC) regarding Proof of Service (POS), a declaration is generally required to provide the court with the necessary information and evidence related to the service of documents.
The purpose of the declaration is to:
1. Explain the circumstances surrounding the alleged improper service or lack of service.
2. Provide any evidence supporting your position, such as a proof of service document or communication records.
3. Respond to any allegations made in the OSC.
The declaration should be signed under penalty of perjury, stating that the information provided is true and correct to the best of your knowledge.
Here are a few additional points to consider:
1. Format: The declaration should follow the proper legal format for California courts, including a case caption, a title (e.g., "Declaration of [Your Name] in Response to Order to Show Cause re: Proof of Service"), and numbered paragraphs.
2. Specificity: Be specific and concise in your declaration, addressing the issues raised in the OSC and providing relevant facts and evidence.
3. Attachments: If you have any supporting documents, such as proof of service or communication records, attach them to your declaration as exhibits.
4. Filing and service: File your declaration with the court and serve a copy on the opposing party or their attorney, following the applicable rules for service of documents.
If you are unsure about how to proceed or need assistance drafting your declaration, it is advisable to consult with a California attorney experienced in civil procedure and family law matters.
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