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Sample Stipulation For Collaborative Law


CHIP ROSE SBN 048571

Attorney at Law

4340 Scotts Valley Dr., Ste. J

Scotts Valley, CA 95066

(408) 438-1604

Attorney for Susan Smart

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CRUZ

In Re the Marriage of

Petitioner: SUSAN SMART

and

Respondent: SAMUEL SMART

Case No. FL00123

STIPULATION FOR COLLABORATIVE LAW

Petitioner SUSAN SMART and Respondent SAMUEL SMART, and their respective attorneys, enter into the following stipulations with respect to the above-captioned Family Law action now pending before the Court:


1. Petitioner and Respondent, and their respective counsel, jointly agree to treat this matter as a Collaborative Law Case. Each party and each attorney acknowledges that he or she has read and understands the document entitled Principles and Guidelines for the Practice of Collaborative Law, and agrees to act in good faith to comply with the recommendations set forth in such document.


2. For so long as this Stipulation and Order is in effect, the parties and attorneys agree to devote all of their efforts to a negotiated settlement in an efficient, cooperative manner pursuant to the terms of this Stipulation. Each agrees not to file any document requesting intervention by the Court, including, but not limited to, a Request to Enter Default, Notice of Motion, Order to Show Cause or At-Issue Memorandum, except as is otherwise specifically permitted below.


3. All discovery requests shall be made informally. No Motion to Compel or Request for Fees or Sanctions is available for any discovery requests made during the term of this Stipulation and Order. All responses to discovery requests shall be under penalty of perjury or be verified by the party responding.


4. Either party or attorney may unilaterally and without cause terminate this Stipulation and Order by giving written notice of such election to all other parties and by filing a Termination of Election with a proof of service to all other parties in the proceeding. Neither party may serve any Request to Enter Default or At-Issue Memorandum until fifteen (15) days after the service of the Termination Election or Notice of Withdrawal.

Dated:

SUSAN SMART, Petitioner SAMUEL SMART, Respondent

Dated:

Attorney for Petitioner Attorney for Respondent

                        author

Chip Rose

Chip Rose is highly experienced divorce mediator previously based in Santa Cruz, California and recently moved to Bend, Oregon. Chip founded The Mediation Center in Santa Cruz in 1980 and is certified as a Specialist in Family Law by the State Bar of California Board of Legal Specialization. In a client-centered… MORE >

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