Partnership Dissolution Agreement California - DOC by grb10228

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									1    [Name]
2    [Address]
3    [Phone]
4    Petitioner in propia persona
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                                    SUPERIOR COURT OF CALIFORNIA
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                         IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
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9                                                       Case No.: FDI-03-755261
     In re the Marriage/Domestic Partnership of:
10                                                      STIPULATION AND ORDER FOR COLLABORATIVE
     ,                                                  PROCESS
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                    Petitioner,
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            and
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     ,
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                    Respondent
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16          Pursuant to Family Code §2013, Petitioner, [NAME], In propria persona, and
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     Respondent, [NAME], In propria persona, and their attorneys named below, hereby agree that
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     this matter shall be a collaborative law process as set forth below, and further stipulate that
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     orders shall be entered as follows which shall remain in effect until and unless modified by
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     written agreement signed by both parties or further court order, whichever first occurs. This

22   stipulation is intended to be a binding court order upon being signed by the parties; it shall

23   thereafter be filed with the court in the parties’ action for Marital or Domestic Partnership
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     Dissolution.
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                                       ATTORNEY REPRESENTATION



                             Stipulation and Order re: Collaborative Law Matter - 1
     1. [Name], Attorney at Law, has been retained by *[name] to advise and counsel *[name]
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        during the course of this proceeding for Dissolution of Marriage/Domestic Partnership; and

3       [Name], Attorney at Law, has been retained by *[name] to advise and counsel *[name]

4       during the course of this proceeding for Dissolution of Marriage /Domestic Partnership.
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        Neither attorney is or will be attorney of record for his or her client in this proceeding for
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        Dissolution of Marriage/Domestic Partnership and each attorney agrees to be bound by the
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        terms and provisions of this Stipulation and Order. Each attorney named above, and any
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        attorney “in association” with that attorney, is forever disqualified from appearing as
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10      attorney of record for any party to this proceeding for Dissolution of Marriage/ Domestic

11      Partnership or in any other contested Family Law matter involving those parties, such as a

12      proceeding or action for Dissolution of Marriage/Domestic Partnership or Parentage,
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        modification or enforcement of Judgments or Orders, writs and/or appeals.                 This
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        disqualification shall survive the term of this Stipulation and Order. An Attorney shall be
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        deemed "in association" if, at any time during the pendency of this proceeding for
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        Dissolution of Marriage/Domestic Partnership or future family law proceedings between

18      these parties, such attorney is the employer or employee of, or co-employee with, or shares

19      a relationship of independent contractor status with any attorney named above.
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     2. Notwithstanding the above, the attorneys named above may appear as counsel of record
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        solely for purposes of filing the final judgment and/or other final documents reflecting the
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        agreement of the parties, upon the entry of which they are immediately authorized to
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        withdraw.
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                            Stipulation and Order re: Collaborative Law Matter - 2
     3. Each party acknowledges that neither of them is an intended third party beneficiary of any
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        agreements made between the other party and his/her attorney, and both parties

3       acknowledge and agree that neither of them should rely to his/her detriment on any

4       representations made by the attorney for the other party, nor does the attorney for the
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        other party owe any duty of care to the party not represented by that attorney. Each party
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        is represented solely and exclusively by his/her own attorney, and the good faith
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        undertakings by the four participants set forth in this Agreement do not give rise under any
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        circumstances to any claims, contractual or otherwise, by one party against the lawyer for
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10      the other party.

11                                 COLLABORATIVE PRACTICE MATTER

12   4. All parties and attorneys agree to treat this matter as a Collaborative Practice Case pursuant
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        to Family Code §2013. Each party and each attorney acknowledges that he or she has read,
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        understands and has signed the document entitled Principles and Guidelines for
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        Collaborative Practice and agrees to act in good faith to comply with the provisions set forth
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        in that document.

18   5. For so long as this Stipulation and Order is in effect, the parties and attorneys agree to

19      devote all of their efforts toward achieving a negotiated settlement in an efficient and
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        cooperative manner pursuant to the terms of this Stipulation. The parties and attorneys
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        further agree that no party or attorney named in this Stipulation will file any adversary
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        request for intervention by the Court, including, but not limited to, a Request to Enter
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        Default, Notice of Motion, Order to Show Cause or At-Issue Memorandum, except as
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25      otherwise specifically permitted below.




                            Stipulation and Order re: Collaborative Law Matter - 3
     6. *[if no action filed yet] Both parties agree that starting immediately:
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        6.1.      *[if children]Each is restrained from removing their minor child(ren) from the state

3              without the prior written consent of the other or order of court

4       6.2.      Each is restrained from borrowing against, canceling, transferring, disposing of, or
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               changing the beneficiaries of any insurance or other coverage including life, health,
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               automobile, and disability held for the benefit of the parties or their minor child or
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               children;
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        6.3.      Each is restrained from transferring, encumbering, hypothecating, concealing, or in
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10             any way disposing of any property, real or personal, whether community, quasi-

11             community, or separate, without the written consent of the other party, or an order of

12             court, except in the usual course of business or for the necessities of life.
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        6.4.      Each party will notify the other of any proposed extraordinary expenditures at least
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               five business days prior to incurring these extraordinary expenditures and account to
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               the court for all extraordinary expenditures made after these restraining orders are
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               effective. However, nothing in this order precludes either party from using community

18             property to pay reasonable attorney's fees in order to retain and maintain legal counsel

19             in the action.
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        6.5.      Neither party will incur any debts or liabilities for which the other may be held
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               responsible, other than in the ordinary course of business or for the necessities of life.
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                                       ALL PURPOSE JUDGE ASSIGNMENT
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     7. This matter is assigned to the Family Law Department(s) designated to oversee
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25      Collaborative Practice cases. In the event of a termination of Collaborative Status, as




                                Stipulation and Order re: Collaborative Law Matter - 4
        described below, this case will be assigned to an All Purpose Judge by the Clerk of the
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        Family Court as in non-collaborative cases.

3                           PROFESSIONAL ASSISTANCE IN A COLLABORATIVE CASE

4    8. Testimony and Evidence: Except upon the mutual written agreement of the parties to the
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        contrary, any expert, professional, specialist or any other person or firm, that has been
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        retained by a party or attorney, or whose work product is used by a party or attorney,
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        during the term of this Stipulation and Order, and who has signed the Principles and
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        Guidelines for Collaborative Practice is forever disqualified from appearing as an expert
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10      witness on behalf of a party in any action or proceeding involving the above-named parties

11      to testify as to any matter related to that person or person’s or firm’s work product.

12      8.1.     All notes, work papers, summaries and reports prepared for or by such persons or
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               firms shall be inadmissible as evidence in any action or proceeding involving the above-
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               named parties unless the parties agree otherwise in writing, but shall be furnished to
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               successor counsel and shall be available for non-evidentiary use in litigated
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               proceedings.

18      8.2.     Such persons or firms include, but are not limited to accountants attorneys, financial

19             professionals, medical doctors, mental health professionals, mediators, coaches, child
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               specialists, psychotherapists, personal or real property valuation experts, private
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               investigators, vocational consultants or any other person or firm retained or employed
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               in connection with the Collaborative process and qualified to give expert witness
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               testimony.
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                              Stipulation and Order re: Collaborative Law Matter - 5
        8.3.     No such person shall be called as either an expert or a percipient witness with
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               respect to any matters relating to the Collaborative process nor shall testimony from

3              any such person be admissible in any proceedings in this action, except as may be

4              expressly agreed otherwise in writing by both parties.
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     9. Scope: The use of outside experts, professionals and specialists to assist the parties to
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        achieve full settlement of their case or resolution of particular topics in their case is
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        consistent with the Principles and Guidelines for Collaborative Practice and acceptable so
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        long as such person or firm is selected by mutual consent or by one of the parties with the
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10      knowledge and consent of the other party and is not requested or otherwise allowed to

11      make decisions for the parties on any topics in their case.

12                                      DISCLOSURE AND DISCOVERY
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     10. Each party shall timely serve his/her respective Preliminary and/or Final Disclosure
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        Declarations as provided under the California Family Code, and each party shall voluntarily
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        provide the other with any written authorizations requested which may be required to
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        obtain information or documentation, or to prepare Qualified Domestic Relations Orders or

18      other orders facilitating agreements reached. The parties and attorneys acknowledge and

19      understand that honesty and the full disclosure of all relevant information is an integral
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        factor in the success of a Collaborative Law case, and each party therefore agrees to
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        voluntarily provide full disclosure.
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     11. All discovery requests shall be made informally. No motion to compel or for sanctions is
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        available for any discovery requests made during the term of this Stipulation and Order.
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25      Unless otherwise mutually agreed, responses to any discovery requests shall be made in




                              Stipulation and Order re: Collaborative Law Matter - 6
        within the time limits prescribed by applicable statute or local rule. For any discovery
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        request requiring or resulting in an original written response from a party, said response

3       shall be made by the responding party under penalty of perjury or verified by the

4       responding party.
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                                    *[if children] CUSTODY MEDIATION
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     12. In the event the parties agree to refer to any aspect of their case to Family Court Services or
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        to a private mediator selected by the parties during the term of this Stipulation and Order,
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        no action beyond mediation shall occur, no custody evaluation report or other report shall
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10      be prepared for use in connection with any court proceeding in this matter, nor shall any

11      time limits or procedural requirements described under any Local Court Rule apply to this

12      case.
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                                              ATTORNEY'S FEES
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     13. In the event the Collaborative process is terminated and the case proceeds to litigation, the
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        Court may award attorney’s fees and impose sanctions pursuant to the California Code of
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        Civil Procedure, the Family Code, or any other statute the Court deems appropriate, under a

18      proper showing that any party has i) used the Collaborative process in bad faith for the

19      purpose of unilateral delay, or (ii) engaged in any concealment, misrepresentation, or
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        perpetuation of the same in any way that materially and adversely affects the rights of the
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        other party.
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                                STATEMENTS OF PARTIES AND ATTORNEYS
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     14. Other than statements and information contained in the Preliminary and Final Disclosure
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25      Declarations, responses to discovery requests under paragraph 7 above, and as otherwise




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        specifically set forth below, all communications, whether oral or in writing as defined in
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        California Evidence Code Section 250, or work product, between or by any party, attorney

3       or other person or firm that has been retained by a party during the term of this Stipulation

4       and Order and who has signed the Principles and Guidelines for Collaborative Practice, shall
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        be deemed - whether or not expressly identified and entitled For Settlement Purposes Only
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        in the Collaborative Law Process – privileged, confidential, not subject to discovery, and
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        inadmissible for any purpose in any arbitration, administrative adjudication, civil action or
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        other non-criminal proceeding in which testimony can be compelled to be given. No such
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10      communications shall be deemed a waiver of any privilege by a party. The privileges and

11      protections created in this Stipulation and Order shall continue and remain in full force and

12      effect after the term of this Stipulation, and may not be waived without the express written
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        consent of all parties.
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     15. No party to this Stipulation shall subpoena the files or records of Collaborative counsel or of
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        any expert, professional, specialist, or any other person or firm participating in the
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        Collaborative process related to their case, or otherwise seek to obtain testimony from any

18      of them in any arbitration, administrative adjudication, civil action or other non-criminal

19      proceeding in which testimony can be compelled to be given. Any party who takes an action
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        or proceeds contrary to the foregoing shall be liable for (i) all fees and costs incurred by the
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        professional involved to respond and (ii) compensation to the professional at his or her
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        usual billing rate for all time actually spent by the professional in response or opposition to
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        such action.
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                             Stipulation and Order re: Collaborative Law Matter - 8
     16. Notwithstanding the above, the following SHALL NOT be privileged and may be disclosed by
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        a party: statements by any party which indicate an intent or disposition to endanger the

3       health or safety of the other party, or of the children of a party, or to commit irreparable

4       economic damage to the property of a party; statements relevant to an issue of breach, by
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        the attorney or the client, of a duty arising out of the attorney-client relationship.
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     17. Additionally, as a specific exception to the provision for privilege and confidentiality set
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        forth above, the parties agree that any interim or temporary agreements they make
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        regarding their child or children (e.g., timeshare, parenting responsibility, use of outside
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10      professionals), spousal support, child support, or other financial arrangements, may be

11      memorialized in writing and if so memorialized, shall be fully enforceable according to their

12      terms, and, if necessary, may be disclosed to ensure compliance by a party and/or
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        enforcement by a Court or appropriate governmental authority.
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                               TERMINATION OF COLLABORATIVE STATUS
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     18. A party may unilaterally and without cause terminate the Collaborative status of this case
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        and the effect of this Stipulation and Order (except for those terms specifically surviving the

18      termination of the Collaborative status) by filing a Termination Election with a proof of

19      service on all other participants in the proceeding.
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     19. An attorney may withdraw from this case unilaterally by giving written notice of such
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        withdrawal to all other participants in the proceeding and by filing a Notice of Withdrawal
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        with a proof of service on all other parties in the proceeding. Such Notice of Withdrawal
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        shall not constitute a Termination Election. The party whose attorney withdraws may
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25      continue in the Collaborative process by retaining a new Collaborative attorney who will




                             Stipulation and Order re: Collaborative Law Matter - 9
        agree in writing to be bound by this Stipulation and Order and the Principles and Guidelines
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        for Collaborative Practice.

3    20. In the event either attorney believes his or her client is acting in bad faith, or otherwise

4       misusing the Collaborative process, the attorney may elect whether to withdraw or to
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        terminate the Collaborative process, but in no case shall the attorney continue to represent
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        the party under such circumstances.
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     21. Upon termination of the Collaborative process or withdrawal of any counsel, such affected
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        attorney will promptly cooperate to facilitate the transfer of the client’s matter to successor
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10      counsel.

11   22. No party may serve any Request to Enter Default or At-Issue Memorandum until the

12      expiration of fifteen (15) days after the service of a Termination Election under Paragraph
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        16 or a Notice of Withdrawal under paragraph 17. Except as provided at paragraph 23
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        below, no hearing on any Notice of Motion or Order to Show Cause may be scheduled prior
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        to the expiration of forty-five (45) days after the service of a Termination Election.
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     23. Notwithstanding paragraphs 5 and 22 above, a party may file an ex parte request for an

18      Emergency Screening, Temporary Restraining Orders, or Order Shortening Time, supported

19      by a declaration describing imminent action by a party which involves: i) a violation of any
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        Standard Family Law Restraining Order, ii) a threat to the safety or welfare of a party or a
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        child of a party, or c) imminent danger of irreparable economic damage to the property of
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        either party. In such cases, the other party shall be given five (5) business days notice of any
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        hearing or other action unless the Court deems, for good cause, that a shorter notice
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                            Stipulation and Order re: Collaborative Law Matter - 10
        period, or no notice at all, is appropriate. Any filing under this Paragraph shall be deemed a
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        Termination Election under this Stipulation and Order.

3    24. The parties do not waive their right to seek the assistance of the Superior Court named

4       above; however, any resort to litigation results in the automatic termination of the
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        Collaborative Law process, on the date any application to the Superior Court for its orders
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        or notice of intent to appeal is signed or otherwise made.
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                                                  NOTICE
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     25. Any Notice or document required to be served by the provisions of this Stipulation and
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10      Order may be personally served, or shall be deemed served five (5) days after the deposit in

11      the United States mail, first class postage prepaid, addressed to the participants in the

12      proceeding at the following addresses:
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     *[name]:
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     *[name]’s Collaborative attorney:
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     *[name]:
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     *[name]’s Collaborative attorney:
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     26. Either party or attorney may change his or her address by giving written notice of such
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        change to all other parties named above.
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22   Dated:                                       Dated:

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     _____________________________                ______________________________
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                           Stipulation and Order re: Collaborative Law Matter - 11
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     Dated:                                         Dated:
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4    _____________________________                  ____________________________
     Collaborative Attorney for *[name]             Collaborative Attorney for *[name]
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                                                    ORDER
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              Based on the Stipulation of the parties set forth above, the Court approves the terms of
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     the Stipulation and orders the parties to comply with all of its terms and provisions.
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10   Dated:______________________

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                                                        Judge/Commissioner of the Superior Court
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                             Stipulation and Order re: Collaborative Law Matter - 12

								
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