How to Fill Out Form FM-1010

Form FM-1010 at a glance

What it is: The Superior Court of California, County of Santa Clara prints the Status or Case Resolution Conference Questionnaire.

You or your attorney may choose to complete this Status and Case Resolution Conference Questionnaire.

If you or the other party is requesting a trial, you or your attorney must complete this Status and Case Resolution Conference Questionnaire.

What to bring and attach to Form FM-1010

Self represented litigants and those attorneys appearing in person, should bring at least two (2) filed copies of the completed form to the Case Management Conference.

A filled-in Form FM-1010 example: a petitioner answers for a status conference

Form FM-1010 example filled out, example: a petitioner answers for a status conference
Ana Lopez, the petitioner, completes the questionnaire for a status conference. She disagrees with the other party only about custody and child support. The picture shows page 1, and none of its entries is real. Both preliminary declarations of disclosure have been served. Ana and Sam are in mediation. They have not met about settlement and want no Settlement Officer Conference. The matter is not ready for trial, so Hours and Days stay empty. No expert witnesses are named, so None is checked. The Department of Child Support Services is not involved, so nothing goes in Which county, FSB Number or Court Case Number.

How to fill out Form FM-1010, box by box

This is for a (check all that apply)

Form FM-1010 example filled out, this is for a (check all that apply)

Under 1, "This is for a", check all that apply: Status Conference or Case Resolution Conference.

I am the

Form FM-1010 example filled out, i am the

Under 2, "I am the", check Petitioner, Respondent, Attorney for the Petitioner, Attorney for Respondent or Other.

Declaration of Disclosure has been served

Form FM-1010 example filled out, declaration of Disclosure has been served

Under 3, check a. and b. for each Preliminary or Final Declaration of Disclosure that has been served: a. Petitioner's, b. Respondent's.

Check the issues on which you and the other party disagree or need orders

Form FM-1010 example filled out, check the issues on which you and the other party disagree or need orders

Under 4, check the issues on which you and the other party disagree or need orders: Custody/Visitation, Arrearages, Property Division, Reimbursement, Child Support, Property Valuation, Property Characterization, Attorney's Fees & Costs, Spousal Support, Property Valuation Date, Separation date or Other (additional pages may be attached).

Mediation and Alternate Dispute Resolution (ADR)

Form FM-1010 example filled out, mediation and Alternate Dispute Resolution (ADR)

Under 5, Mediation and Alternate Dispute Resolution (ADR), check that you are in mediation or alternate dispute resolution; a continuance of the Status or Case Resolution is requested in order to allow additional time to resolve this matter.

Settlement and Settlement Officer Conference

Form FM-1010 example filled out, settlement and Settlement Officer Conference

Under 6, Settlement: have you and the other party and/or your attorneys met to discuss settlement? Yes or No.

Under 7, do you want a Settlement Officer Conference (SOC)? Yes or No.

Case Resolution Conference Request and Trial/Hearing Setting

Form FM-1010 example filled out, case Resolution Conference Request and Trial/Hearing Setting

Under 8, check Case Resolution Conference Request if this is a complex matter and a Case Resolution Conference is requested. Under 9 a, Trial/Hearing Setting: is this matter ready to be set for trial or hearing? Yes or No. Under 9 b, enter how long your trial will take (estimate) in Hours or Days.

Number of Expert Witnesses

Form FM-1010 example filled out, number of Expert Witnesses

Under 10, Number of Expert Witnesses, check None or enter the Names.

Department of Child Support Services

Form FM-1010 example filled out, department of Child Support Services

Under 11, is the Department of Child Support Services involved on the issue of child support? Yes or No. If yes: enter Which county, the FSB Number and the Court Case Number (if different from this case).

Date and attorney for

Form FM-1010 example filled out, date and attorney for

Enter the Date, then check Petitioner, Respondent or Other; check Attorney for too if you are the attorney.

More rules for Form FM-1010

Serve a copy of this form by mail at least 10 calendar days before the Status or Case Resolution Conference.

Service by mail means that someone over the age of 18 who is not a party to the case mails a completed copy of this form to the other party, if self-represented, or to the other party's attorney.

The person serving the form must complete the Proof of Service by Mail.

IMPORTANT: You cannot serve this form yourself!

File the original completed form at least 10 calendar days before the Status or Case Resolution Conference.

Parties and attorneys may appear remotely by video or phone using the Remote Hearings Links located on the Court's website at www.scscourt.org.

If you are representing yourself, help is available at the Self Help Center and Family Law Facilitator's Office located in the Family Justice Center, at 201 North First Street, San José, California 95113.

Under PROOF OF SERVICE BY MAIL (C.C.P. 1013a), the server mails a copy in a sealed envelope: enter a.) Mailed from: (City), (State), b.) On (date), and c.) To (name and address of the person served).

Under Server's Information, enter the Name, Address, City, State and Zip.

If you are a registered process server, enter the County of Registration and the Registration Number.

Common questions about Form FM-1010

Is there a deadline?

If this form is being used, you must serve and file this form with the Court no later than 10 calendar days before the Status or Case Resolution Conference.

What am I certifying when I sign?

The server states: "I am over the age of 18 and not a party to this case." and "I declare under penalty of perjury under the laws of the State of California that the information above is true and correct." The server enters the Date, prints the name and signs the name.

Sources

[1] Form FM-1010 (REV 07/01/2023), Status or Case Resolution Conference Questionnaire, Superior Court of California, County of Santa Clara (the Official source link on this page).

Form Fm 1010 PDF Details

The FM-1010 form serves as a critical document within the Superior Court of California, County of Santa Clara, streamlining the process of family law disputes. Targeted toward attorneys or self-represented parties, the form requires comprehensive details such as names, addresses, and telephone numbers alongside the designation of the attorney's role, whether for the petitioner or respondent. It centers on preparations for either a Status Conference or a Case Resolution Conference, pivotal steps that facilitate the management of cases pertaining to dissolution, nullity, legal separation, or other family law matters like parentage. Participants are urged to disclose if preliminary or final declarations of disclosure have been served, signifying a key step in ensuring transparency and fairness in the proceeding. Crucially, it prompts parties to specify disagreements requiring judicial intervention, ranging from custody and visitation to financial aspects like child support, spousal support, and property division. Moreover, the form explores avenues for mediation and alternate dispute resolution, emphasizing the court's encouragement for parties to seek amicable settlement routes. An outline for the logistics of potential trials, including estimation of time and involvement of expert witnesses, is requested to efficiently allocate court resources. Furthermore, it addresses the involvement of the Department of Child Support Services, indicating the form's holistic approach to encompassing all elements likely to impact the case's resolution. With mandatory guidelines on serving and filing the form, it ensures procedural compliance while offering additional support through the Self Service Center for self-represented litigants, highlighting the court's commitment to accessible justice.

QuestionAnswer
Form NameForm Fm 1010
Form Length2 pages
Fillable?Yes
Fillable fields77
Avg. time to fill out30 sec
Other namesFM 1010 superior court of california fm1010 form