Stipulation Re Protective Order For Family Court Services Records And Order Thereon {FM-1036}

ATTACHMENT FM-1036 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA FAMILY JUSTICE CENTER PETITIONER/PLAINTIFF: FOR COURT USE ONLY RESPONDENT/DEFENDANT: CASE NUMBER: STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON FCS NUMBER: Petitioner/Plaintiff, self-represented, or through his/her legal counsel, and/or Respondent/Defendant, self-represented, or through his/ her legal counsel, , and/or Counsel for the Minor, stipulate to the following and request that it be made an order of this Court. 1. The parties stipulate that the following Family Court Services records may be released: ; to: Mediation notes, computerized criminal record check documents, police reports, Juvenile Court and Child Protective Service records, and any documents the re-disclosure of which is prohibited by Federal or State law and reports shall not be released. Parties shall make arrangements with a copying company to come to FCS to make copies and are responsible for the costs. Parties shall provide FCS with a copy of the filed court protective order and call in advance to make sure the file is available. 2. All Family Court Services (FCS) records shall be marked Confidential by the disclosing party, and their contents shall be used solely in the above-entitled Family Court action for purposes of this litigation, and only in accordance with the terms of this Order. The Family Court Services records shall not be exhibited nor disclosed to other persons except as specifically provided in the order and shall not be used for any other purpose or disseminated in any other form without the express order of the Court after notice to the parties, Family Court Services and the attorney for Family Court Services. 3. The Family Court Services records marked confidential and their contents may be exhibited and/or disclosed only to the parties and counsel for parties to this action, and other persons who are directly engaged in representing the parties as agents and/or employees of the parties or counsel for the parties, including experts and investigators, who shall be subject to the same terms of this Order. 4. Nothing contained herein shall prohibit the parties or counsel for the parties or any other party to this action from using or referring to the Family Court Services records in motion papers or pleadings filed with the Court in this action or upon appeal. However, in the event such documents should be contained within any . pleadings, any party or FCS will have the right to move that the pleadings be sealed pursuant to court order. FM-1036 REV 08/01/16 STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT FM-1036 CASE NAME CASE NUMBER 5. Where permitted by rules of evidence, the Family Court Services records may be exhibited to witnesses during the court proceedings in this action; provided, however, that to the extent that the transcript of any court proceeding or the exhibits thereto incorporate the FCS records, that portion of the trial or pretrial transcript and any such exhibits may be sealed in accordance with the Court's rules and procedures upon application therefore by a party or FCS. 6. At the conclusion of this Family Court litigation, by a judgment related to custody, and when all appeal rights have been exhausted, the parties may retain a copy of each of the Family Court Services records. 7. All documents obtained from any juvenile case file or from any child welfare agency (collectively "juvenile case file," as defined by California Rule of Court, Rule 5.552) must be treated as confidential by all parties and attorneys pursuant to Welfare and Institutional Code 827, 827.10, and Rule 5.552. Any party who seeks to file with the Family Court any juvenile case file document or record must first present a request to file such documents under seal pursuant to California Rules of Court, Rules 2.550 and 2.551. 8. Family Court Services may not release any documents originally contained in any juvenile case files. Such records must be obtained from the child welfare agency or the Juvenile Dependency Court, pursuant to Welfare and Institutions Code sections 827 or 827.10. Such records may not be disclosed to unauthorized persons by the parties or counsel to this stipulation without a court order by the Juvenile Dependency Court. A petition for disclosure under section 827 must be filed with the supervising judge of the Juvenile Dependency Court at 201 North First Street, San José, CA 95113. 9. If there is any unauthorized disclosure of any Family Court Services records or juvenile case file information subject to this Order by any person, said person shall be subject to sanctions and contempt for violation of this Order. Dated: Respondent/Defendant Dated: Attorney for Respondent/Defendant Dated: Petitioner/Plaintiff Dated: Attorney for Petitioner/Plaintiff Dated: Attorney for Minor(s) ORDER IT IS SO ORDERED. Dated: Judicial Officer of the Superior Court FM-1036 REV 08/01/16 STIPULATION RE: PROTECTIVE ORDER FOR FAMILY COURT SERVICES RECORDS AND ORDER THEREON Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com