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Can the FL-335 be mailed back to the court after I sent out…

Can the FL-335 be mailed...
Can the FL-335 be mailed back to the court after I sent out the respondent paperwork by mail, or does it have to be delivered by me to the court and stamped?
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Answered in 1 hour by:
3/7/2018
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,074
Experience: Retired
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The signed FL-335 should have been filed in court with your other documents and a copy mailed to the other party with the copy of the other documents. There would never be any reason to mail it back to the court or filed after your other paperwork.

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Customer reply replied 4 months ago
No it was never sent to the petitioner. But it hadn't been filled out yet by the person who mailed it. It has to be mailed by him and he's supposed to even date and sign it after he's mailed it,correct?
Customer reply replied 4 months ago
but the copy can't be filed with the court if the papers weren't even mailed out yet and the court had to stamp copies of my forms before they could even be mailed.

An unsigned copy is sent with the papers to the other party. Code Civil Procedure Section 1013(b). The signed copy is filed with the court. If you didn't file it when you filed the paperwork, then file it afterwards.

While it may seem odd, the court really doesn't care that the original is signed and filed before the papers are mailed to the other party, because everyone has done it in this manner for the past 50 (perhaps 100) years.

Hope this helps and thanks for using Justanswer!

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Customer reply replied 4 months ago
I called the court this morning and they said just to mail it in within 5 days from the date I sent out the papers to my wife.

Again, to my knowledge, there is no such rule, and I would challenge the clerk or anyone else to cite a legal authority in support thereof (I'm always happy to learn something new -- even if it means I'm incorrect). Regardless, if that's what the clerk says, then follow the clerk's instructions.

Thanks again for using Justanswer!

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Customer reply replied 4 months ago
I called the support part of the Fresno Family Court. That's the answer she gave me. I am still unclear on the way it should be done according to law, but getting anyone to inform me of the exact procedure for Fresno County seems to be difficult to say the least. I would suppose the judge will inform me of the error at the first hearing in 12 days.

The judge won't care, unless the other party objects, and there's nothing to which to object, because as long as you file the form, you're in compliance with the law.

I'll bet you right now that the judge won't say a word about the issue.

Can we close this one out with a rating? I think we've exhausted the issue at this point.

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,074
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