NAPA FAMILY COURT

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How to file an Order to Show Cause (OSC)

This section tells you about:

What is and w hen to use an Order to Show Cause (OSC)

When you file your divorce, legal separation or parentage case, you must also file a motion called an Order to Show Cause (OSC). An Order to Show Cause is a court order for the other party in your case to come to Court.

Forms you will need:

If you are the person filing the Order To Show Cause (called the " moving party "), you must fill out these forms.

You will also need the following forms for serving these documents on your spouse:

There are 3 ways to fill out your own forms:

H ow to Fill Out, File and Serve the OSC Forms:

Step 1: Fill out the forms:
If you have an existing case, no matter how old, use the same case title. After you fill out your forms, make 3 copies (for you, the other party, and one extra).

Step 2: File the forms:
Take your completed forms to your local court's Calendar office and ask for a hearing date. Then file your papers at the Clerk's office.

Step 3: Serve the documents:
You must serve the other parent with endorsed/filed copies of the court forms at least 21 days before your hearing (or sooner if the Judge says so). Someone over 18 - not you - must personally serve the other parent.

And, if the Department of Child Support Services is collecting child support, someone over 18 - not you - must personally serve it.

These are the forms you must serve:

Remember: You cannot serve the papers yourself.

Your papers must be served by an adult (over 18) who is not involved in your case. OR, hire a professional process server to serve your papers. (See your phone book.)

The person who serves the papers must complete a Proof of Personal Service ( form FL-330 ). The proof of service says he or she delivered the papers to the other party.

If you need to serve papers to someone in jail or prison in California, read this flyer: How to Serve Someone in Custody .

Step 4: File the Proof of Service:
File the original proof of service at the Court Clerk's office as soon as possible. This should be done before your hearing. Bring a filed copy of the proof of service to your hearing. If you can't file the proof of service before the hearing, bring the original to your hearing.

Step 5: Go to your hearing:
Come to Court early. Look for your name on the court calendar. The calendar is on the wall outside the courtroom door. Make sure your case is listed on the calendar. If it is not listed, and your papers say this is the right date and time, show your papers to the deputy inside the courtroom or go to the Calendar Clerk in the Clerk's Office.

Remember: Bring copies of all the papers in your case (especially the ones you filed to get this Court hearing), your copy of the filed proof of service, and any other papers that support your case, like pay stubs for the last 3 months, tax returns for the previous year, child care receipts, and anything else that supports the information in your Simplified Financial Statement or Income and Expense Declaration. If you are self-employed, bring papers that show how much money your business is making.

If you have any witnesses , make sure they come, too.