Wednesday, March 23, 2011

DO I NEED TO FILL OUT A DECLARATION ON FORM MC-030?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I'm trying to prepare a Responsive Declaration. Do I have to do it on a downloadable MC-030 or MC-031 PDF form? Can I attach something and just put something in like "see attached"? The formatting of those PDF documents is terrible. It's a pain to double space and I can't bold any of my main points.

ANSWER: You can attach a legible attachment to your Responsive Declaration to Order to Show Cause or Notice of Motion, with the heading: DECLARATION OF (YOUR NAME), but make sure that it is legible, and you are best off not bolding any points - the courts are generally offended by bolded text, other than short headings that precede sections of your declaration to give a brief idea of the subject matter of the following paragraphs.

Be careful to ensure that your Declaration is dated and signed - a good way to do that is to date and sign the Responsive Declaration form, check the box indicating that there is an attachment, state something to the effect: See attached DECLARATION OF (YOUR NAME), and at the end of your attachment, state something to the effect that the signature and date for this declaration are contained in the Responsive Declaration to which it is attached.

If the issue addressed in the OSC or Motion or your Responsive Declaration is a significant issue, you should at least consult with an experienced Family Law Attorney, but you would be better off retaining an experienced Family Law Attorney to represent you.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net

No comments: