WHAT IS A "NOTICE OF NON-STIPULATION"?

The following is a Family Law Question which the inquirer agreed may be publicly disclosed, and my answer to the question:


QUESTION: What is a notice of non-stipulation? What do I need to do regarding this for child custody papers I was served?


ANSWER: The terminology: "Notice of Non-Stipulation" likely relates to a party's refusal to stipulate to a Commissioner hearing his or her family law case.

People are entitled to have an elected Judge hear their cases.

Commissioners are appointed by the presiding judge, to hear cases, but in order for a Commissioner hear a case, both sides must sign a stipulation for the Commissioner (as opposed to a Judge) hear their case.

If the parties sign the stipulation, the Commissioner sits as the Judge Pro Tempore in their case for as long as the Commissioner sits as the judicial officer in that courtroom.

When a case comes before a Commissioner for the first hearing before that Commissioner in that case, the parties and counsel are offered a Stipulation to have that Commissioner preside over their case for that day and all subsequent hearings.

If either party refuses to sign the Stipulation [frequently referred to as a "non-stip"], the case is assigned to another judicial officer (who could be a Judge, or to another Commissioner - who they would have to stipulate to, or refuse to stipulate to).

No stipulation is required to have a Judge hear the case. If a case is assigned or reassigned to a Judge, either party has 10 days from the assignment to file an Affidavit of Prejudice [known as a "170.6"] in that Judge's courtroom, a peremptory challenge to that judge. Each party is allowed only one peremptory challenge under Code of Civil Procedure Section 170.6 in a case.

Whereas the non-stip is ordinarily done at the first hearing before the Commissioner, I suspect that somebody may have filed a document entitled: "Notice of Non-Stipulation" in advance of the first hearing before the Commissioner, to give advance notice to the court and the adversary that he/she was going to non-stip the Commissioner, to let the Commissioner know that he/she needn't read the filed papers in preparation for the scheduled hearing, and possibly to accelerate the reassignment of the case to the next judicial officer.

You needn't do anything regarding the Notice of Non-Stipulation, other than to be prepared for a non-stip. Nevertheless, be prepared for the matter to be heard on the day of the hearing, whether by that Commissioner or another judicial officer, in case it doesn't get continued. If the other party non-stips the Commissioner, it will be reassigned, and I have provided, in this blog, the options to you to consider if that occurs.

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 Divorce Lawyer 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