CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Service of Process
.........Postjudgment Matters
 7 Cards On This Topic:
  • Postjudgment motions must be served on party; service on attorney of record not sufficient unless after bifurcated trial.
  • Postjudgment motion requires service on client. Service on attorney insufficient, even if attorney actively representing client.
  • Even if party verbally agreed to service on his attorney, service insufficient unless party actually appears at hearing.
  • Party's appearance at hearing waives defect in service (postjudgment service of motion on party's attorney).
  • Postjudgment service of motion to modify support by mail on attorney invalid. Technical failure to comply with former Civil Code section 4809 (now Fam. Code §215) excused if party has actual knowledge.
  • Actual notice of proceedings will validate technical failure to comply with former Civil Code section 4809 (now Fam. Code §215).
  • Postjudgment service of OSC by mail affirmed.


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