Q: I’m in contra costa county and I haven’t been served paper work but the court date is the 13 can I still show up

A: With so little information about your case it is challenging to respond with anything more than some generalities about procedure... If you have not been served with papers, we will presume that you do not know what they say and accordingly you do know the details about what is being alleged and what the issues are that are scheduled on the 13th to be heard. If you have not been served then we must also presume that there is no proof of service filed with the Court to prove to the Court that you have been served with the papers. If there is no proof of service on file with the Court, the Court does not have jurisdiction to hear the matter in your absence or enter any orders. If you show up to tell the Court your "side" without properly raising an objecion to jurisdiction based upon lack of due process because you were not served with the papers (otherwise known as not being given constitutional notice and opportunity to be heard ) and without properly making a special appearance preserving your right to pursue your objection at a later date, you could be deemed, by the Court, to have waived those rights and the Court could proceed to hear the matter and render orders against you, despite the fact you were not served with the papers. It would be my recommendation that you contact the other party to arrange to get a copy of the papers immediately and agree to continue the matter to a mutually convenient date. I would further recommend that you consult with a local experienced attorney to obtain legal advice on what your best position / defense is depending on the particular facts of your case, as well as on what you should and should not include in your written Responsive Declaration (FL 320), which should be filed and served on the other party (by someone other than yourself that is at least 18 years old and not a party to the action) on or before 9 court days before the re-scheduled hearing date.

Out of an abundance of caution, if I were you, I would also go online to the Superior court online case index in the County where your case was filed and look up your case events/filings to see what has been filed in your case. In particuar, I would look for whether or not there has been a proof of service filed evidencing that the moving papers were served on you. If there is a proof of service filed, then I would recommend filing and serving a declaration stating you have not been served and need a continuance of the hearing to you the give the opportunity to review the papers, consult with (or retain) legal counsel, prepare and file a response and prepare for the hearing. Best of luck.

A: You have the right to attend any court hearing that involves you, even if you haven't been formally served with paperwork. Going to court on the scheduled date shows good faith and responsibility on your part.

If you know about the court date, it's generally better to appear than not to appear. The judge may still hear your side, though they might need to verify why proper service wasn't completed. Take any relevant documents you have with you to support your position.

For future reference, consider filing your own response with the court and requesting proper service of documents. You might also want to contact the court clerk beforehand to confirm the hearing details. Given that this involves family law in Contra Costa County, you could benefit from speaking with the family law facilitator at your local courthouse for free guidance on your specific situation.