Forms And Filing FAQs
Form FAQs
Forms are either state forms or local forms. Sometimes it is fairly easy to know what form to use, and other times you may need legal advice, which the Court cannot provide.
Most forms used at court are state forms and are on the state Judicial Council website .
State forms: On the state form website you can view forms listed by number or by name, or you can use the dropdown menu to select a form group by topic, such as Small Claims. Note that when you list the forms, there are two columns of numbers. If you click on the form number in the first column you must print it to fill it out. If you click on a number in the second column, you can fill it out online and then print it. If you have any problem at the state site, you should contact the Judicial Council to report it.
Local Forms: If you don't find the form at the state site, check our local forms page to see if the form is there. The forms are in alphabetical order by form name. Start at the top of the form table and scroll through the list looking in the third column, which displays form numbers. You can also search the page (using control F) for name or number you are looking for.
Need more help? See this Self-Help Center flyer: How to Get Legal Forms from the Intranet and also the answer to the Frequently Asked Question, "How can I get help with forms?" (below)
The Notice of Change of Address form is a state form, MC-040 . You can access it and complete it online.
Then you will need to
- Print it out
- Make copies for all the parties in the case
- Have someone over 18 - NOT you - mail a copy to the other party or parties. The person who mails the form is the "sever." The server fills out page 2 of the original Notice of Change of Address. Make another copy of the now-complete Notice and
- File the completed original and the copy at the Court where your case was heard - see list of courthouses.
- Keep the filed copy for your records.
Important: If you are involved in a domestic violence situation and want your address to be confidential, please see the State website Safe at Home for information about getting a safe confidential mailing address.
See this Self-Help Center flyer, How to Get Legal Forms from the Internet .
Need help in person? For additional help with forms you can come to the Self-Help Center office in downtown San Jose, where the Family Law Facilitator is also located (as well as a drop-off Children's Waiting Room). Read the web page for the Self-Help Center to understand how to get help there.
For help with restraining order forms, come to the Restraining Order Help Center. Also, see this Self-Help Center flyer: Do You Need to File a Restraining Order?
You can also get help at the counter from clerks at the courthouses where you are filing.
Need legal advice to complete your forms, but can’t afford a lawyer?
Check out our Free & Low-Cost Legal Help page.
Filing FAQs
Fee waiver forms are state forms. Go to the state form website and in the dropdown box select "Fee Waiver." You will see a list of forms.
The Request to Waive Court Fees (FW-001) is the basic fee waiver form. To learn more about this form and applying for a fee waiver, read the Information Sheet on Waiver of Superior Court Fees and Costs .
For help completing the fee waiver forms, review the Fee Wavier Sample packet , with helpful instructions and examples.
There are different types of restraining orders (domestic violence, civil harassment, workplace violence, etc.), and so you need to read about the particular type you want. The Restraining and Protective Order page in the Self-Help section of this website will help you.
For many types of restraining orders, the counter staff at the Restraining Order Help Center in the downtown Family Justice Center Courthouse will be able to help you in person.
You can also read the Self-Help Center flyer, Do You Need to File a Restraining Order?
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Individuals or parties involved in certain types of cases can file by fax ("facsimile"). Different types of cases have different rules to follow. Click on the links below to learn more, and also see the Payment Methods page on this website.
Read about Fax Filing for Domestic Violence (DV), Civil, Small Claims, and Probate cases:
- Local Family Rule 5 on fax filing in DV cases
- Local Civil Rule 15 on fax filing in Civil cases
- Local Civil Rule 19 on fax filing in Small Claims cases filed at the Downtown Superior Court
- Local Probate Rule 18 on fax filing in Probate Cases
Small Claims documents can be faxed directly to DTS - see the fax number in Civil Local Rule 19 as well as information on any applicable fees for fax filing. Documents in Civil cases will be accepted with fax signatures but cannot be faxed directly to the Court. Documents may be submitted in hard copy either through the mail or brought to the courthouse or you may use a fax filing agency to deliver your faxed documents to the Court.
Information about filing a new case is organized by the type of case, or division where that case is heard, such as Civil, Small Claims, Probate, etc. Below are links to pages in the Self-Help section of this website that talk about filing different types of cases.
- Restraining Orders
- Unlawful Detainer (eviction) cases
- Divorce cases
- Other Family Law cases (custody, child support)
- Name change
- Small Claims cases
- Probate cases - adoption, guardianship, emancipation, conservatorship: see Probate Self-Help
- Traffic case appeal
- General Civil cases
For more help with filing:
- visit the Court's Self-Help Center
- obtain a referral to an attorney from the Local Bar Association
- see our Free & Low-Cost Legal Help page
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