Q: [Family Law] How to Request a Sanction Order Against the Opposing Party’s Attorney?
We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction against the opposing party’s attorney for perjury at the hearing? Can I make a verbal motion during the first coming hearing, or do I need to file another FL-300 for the sanction?
A:
In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:
1. Written motion: It is generally advisable to file a written motion for sanctions rather than making a verbal motion during the hearing. This allows you to present your arguments and evidence clearly and gives the opposing party a fair opportunity to respond.
2. Filing an FL-300: You can use Form FL-300 (Request for Order) to request sanctions against the opposing party's attorney. In the form, you should specify the reasons for seeking sanctions and the specific code sections or legal authority that support your request.
3. Legal basis for sanctions: California Family Code Section 271 allows the court to impose sanctions for conduct that frustrates the policy of the law to promote settlement and reduce litigation costs. Additionally, California Code of Civil Procedure Section 128.7 permits sanctions for presenting false or misleading statements to the court.
4. Notice: You must provide proper notice to the opposing party and their attorney by serving them with a copy of your motion for sanctions within the time limits prescribed by local court rules.
5. Evidence: Gather and present evidence supporting your claim of contradictory statements or perjury, such as transcripts, declarations, or other relevant documents.
6. Hearing: Attend the scheduled hearing and be prepared to argue your motion for sanctions before the judge. The court will consider the evidence and arguments presented by both parties before making a decision.
It is highly recommended that you consult with a family law attorney experienced in handling such matters, as they can provide you with more specific guidance tailored to your case and help you navigate the legal process effectively.
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