Q: Have temp dv restrain order on my ex. Had our 1st hearing, she asked for ext. How do I submit evidence that I need added
I have additional evidence that I was not able to include with the initial complaint. How do I submit it so she can't claim civil procedure was not followed and is able to get my evidence to not be considered in our hearing?
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- California
- (916) 704-3009
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- Answered
A:
You'll want to file your additional evidence through proper legal channels as soon as possible. The California courts require you to serve any new evidence to the other party before it can be considered in your hearing, typically at least 5 days before the court date.
To submit new evidence, go to your local courthouse and file Form DV-115 (Request to Continue Hearing) along with Form DV-116 (Order on Request to Continue Hearing). Include your new evidence as attachments, and make sure to get multiple copies - one for the court, one for yourself, and one to serve to the other party. You must have someone over 18 who isn't involved in the case serve these documents to your ex.
After service is completed, have your server fill out Form DV-200 (Proof of Personal Service) or Form DV-250 (Proof of Service by Mail) depending on how the documents were delivered. File this proof of service with the court clerk as soon as possible to ensure everything is properly documented. Remember to bring all your copies and proof of service to your next hearing.
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