What to expect when going to court in California

If you’re separating and/or getting divorced in California you never need to set foot in a courthouse but if you do, here’s what you can expect.

Courthouses

1. Most courthouses are located in heavily trafficked business districts, especially in San Francisco and Santa Clara
2. Parking may not be available at or near the courthouse
3. You’ll probably need to pay for parking at or near the courthouse
4. Courthouses vary in appearance and aren’t always easily identify
5. “Courthouses” may be adjacent and indistinguishable on the outside
6. Conferences, hearings, and trials may not be held in family law courthouses
7. Security and metal detectors guard most courthouse entrances
8. Filing clerk offices may not be in family law courthouses
9. Filing clerk offices in courthouses are busy
10. Courthouse meeting rooms may be available to parties and attorneys
11. Computers, support software and printers may be available, broken or in use at courthouses
12. Cafes are in some, but not most courthouses

Courtrooms

1. Court calendars are posted outside courtrooms, often on the doors
2. Courtroom doors are unlocked shortly before court sessions begin
3. Family law proceedings are open to the public except in extraordinary cases
4. California family law courtrooms are often filled by parties, friends, family
5. Parties sit in rows at the back of courtrooms
6. Attorneys often sit in jury boxes perpendicular to judges’ benches
7. Sheriffs and bailiffs carrying firearms maintain order in courtrooms
8. Judges’ benches are raised and at the front of courtrooms
9. Court clerks’ desks are near judges’ benches
10. Court reporters sit near, and in front of judges’ benches
11. Parties whose cases are called, stand and sit at tables facing judges and court reporters
12. Microphones may be available for parties and attorneys’ use
13. Petitioners stand or sit on the left, Respondents on the right
14. Witnesses may sit in stands near judges’ benches
15. Judges’ chambers are behind locked doors in courtrooms

People in courthouses and courtrooms

1. Sheriffs, bailiffs, police, security officers
2. Judges, Commissioners, Judges Pro Tem
3. Court clerks, mediators, other courthouse staff
4. Family law parties, their families and friends
5. Parties in criminal, civil and/or other matters, their families and friends
6. Attorneys, experts and witnesses
7. The general public

Procedures

1. Courtroom doors are unlocked five to ten minutes before court sessions begin
2. Parties and attorneys check-in with bailiffs or court clerks upon arrival
3. Bailiffs call courts to order and introduce judges
4. Judges may make announcements to those in the courtroom
5. Judges confer with staff during proceedings
6. Judges or court clerks may take attendance
7. Judges call cases
8. Cases may be called in the order they appear on the courts’ calendars
9. Parties, attorneys and other participants may make telephonic appearances
10. Matters resolved by agreements may be called first
11. Continuances may be granted at outsets
12. Cases may be skipped or postponed if parties and/or attorneys miss roll calls
13. Orders may be entered even parties and/or attorneys are absent
14. Contested cases may be called last
15. Parties and attorneys sit or stand before judges when their cases are called
16. Parties take oaths to tell the truth
17. Court reporters transcribe proceedings
18. Judges control proceedings
19. Moving parties or Petitioners ordinarily begin
20. Respondents or responding parties begin when directed by Judges
21. Respondents or responding parties ordinarily respond to moving parties or Petitioners
22. Parties may be permitted one or more rebuttal each
23. Judges ask questions, make comments, make orders, reserve judgments
24. Parties usually leave courtrooms after concluding their cases
25. Attorneys may represent multiple parties in one court session
26. Courts conclude promptly at 12 or 12:30 and 4:00 pm with rare exceptions
27. Skipped and interrupted cases are rescheduled
28. Parties and attorneys prepare, contest and approve written orders
29. Written orders are submitted to judges for signatures or resolution

If you’re contemplating or going to family court in California, and would like to learn more about what to expect and how to prepare, please schedule a consulting session.

Save

Save