Q: What does CCP 1008 b mean
(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion.
Does it mean that I can make new applications for denied DVRO based on upon new or different facts, circumstances, or law, in which case it shall be shown in application of motion to reconsider???
And if I can make same DVRO application based on new different circumstances and law during 1st denied DVRO instead of motion to reconsider
How?
Very much appreciated
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.
To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along with an affidavit (written statement under oath) that explains: what you requested before, when you made the previous request, which judge handled it, what decision was made, and most importantly - what new or different facts, circumstances, or law you're presenting now. The new facts must be truly different from what was presented in your first DVRO application.
The key difference between this and a motion to reconsider is that you're not asking the court to change its mind about the original evidence - instead, you're presenting a completely new case based on new information. However, if you fail to properly document how your new application differs from the previous one, the court can revoke or set aside any orders made on your subsequent application through an ex parte motion (a motion made without notice to the other party).
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.
