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2014 California Rules of Court

Rule 5.325. Procedures for clerk's handling of combined summons and complaint

(a) Purpose

This rule provides guidance to court clerks in processing and filing the Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) (form FL-600) for actions under Family Code section 17400 or 17404.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(b) Filing of complaint and issuance of summons

The clerk must accept the Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) (form FL-600) for filing under Code of Civil Procedure section 411.10. The clerk must issue the original summons in accordance with Code of Civil Procedure section 412.20 by filing the original form FL-600 and affixing the seal of the court. The original form FL-600 must be retained in the court's file.

(Subd (b) amended effective January 1, 2003.)

(c) Issuance of copies of combined summons and complaint

Upon issuance of the original summons, the clerk must conform copies of the filed form FL-600 to reflect that the complaint has been filed and the summons has been issued. A copy of form FL-600 so conformed must be served on the defendant in accordance with Code of Civil Procedure section 415.10 et seq.

(Subd (c) amended effective January 1, 2003.)

(d) Proof of service of summons

Proof of service of the Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) (form FL-600) must be on the form prescribed by rule 2.150 or any other proof of service form that meets the requirements of Code of Civil Procedure section 417.10.

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(e) Filing of proposed judgment and amended proposed judgment

The proposed judgment must be an attachment to the Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) (form FL-600) and must not be file-endorsed separately. An amended proposed judgment submitted for filing must be attached to the Declaration for Amended Proposed Judgment (form FL-616), as required by Family Code section 17430(c), and a proof of service by mail, if appropriate. Upon filing, the Declaration for Amended Proposed Judgment may be file-endorsed. The amended proposed judgment must not be file-endorsed.

(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2003.)

Rule 5.325 amended effective January 1, 2007; adopted as rule 1280.5 effective July 1, 1998; previously amended and renumbered effective January 1, 2003.

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