What is a notice of non-stipulation? 2 Answers as of March 11, 2011

What is "Notice of non-stipulation" and what do I need to do regarding this for child custody papers I was served?

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Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
I am not familiar with this. I would assume that they are not stipulating to a commissioner hearing your matter, in which case it would be reassigned. I would need to see the document to provide more information. If you are looking for assistance with your case, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I am unaware of the terminology: "Notice of Non-Stipulation", but it could possibly relate to whether or not one or the other party didn't stipulate to a Commissioner in a 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 is 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 in that Judge's courtroom, a peremptory challenge to that judge. Each party is allowed only one peremptory challenge 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.
Answer Applies to: California
Replied: 3/11/2011
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