I have a divorce case for which i am the respondent in santa clara county. I have recently moved out of my home, because of financial issues and i don't have address. i am staying with friends on a temporary basis.
I have an attorney, but i have to now change it to prose(because of financial issues). Can i file an substitution of attorney form with the court( to change to prose), without an address filled out in item 2c.? will the court file it?
Unfortunately, no. A court clerk will not accept the form without an address at which pleadings can be served. It is part of the other party's due process. You will have to proceed your friend's address until it changes.
The substitution of attorney form has to give information about where you can be served with documents (at least by mail), so yes, you need to include an address.
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
California Rules of Court, Rule 2.251. Give it a whack, prepare to appeal the initial rejection by the clerk, and let us know how it goes.
That's why people hire attorneys. A PO Box (or UPS store box may be cheaper.
Whether my opinion "is" legal advice "...depends on what the meaning of the word 'is' is:" Here, "it" is not. "It" be a pithy musing, tempered by publication of "my" name.
You need an address. Maybe even the PO Box at the post office.
Please note that the information provided by Nader Zargarpour is not intended to create an attorney-client relationship. The purpose is only to provide public information. The response is not intended to create, receipt DOES NOT CONSTITUTE, an attorney-client relationship. Further, unless a potential client directly contacts this law firm and this law firm provides a signed retainer agreement, there is no attorney-client relationship and no assurance of any outcome can ever be provided.
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