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2022 California Rules of Court

Dominion five.92. Request for courtroom society; responsive annunciation

(a) Application

(1)  In a family law proceeding under the Family Code:

(A)  The term "request for guild" has the same significant as the terms "motion" or "notice of motion" when they are used in the Code of Ceremonious Procedure;

(B)  A Request for Order (form FL-300) must exist used to enquire for court orders, unless another Judicial Quango grade has been adopted or approved for the specific asking; and

(C)  A Responsive Declaration to Asking for Social club (form FL-320) must exist used to respond to the orders sought in form FL-300, unless another Judicial Council class has been adopted or approved for the specific purpose.

(2)  In an action under the Domestic Violence Prevention Act, a Request for Order (class FL-300) must be used to request a modification or termination of all orders made after a hearing on Restraining Club After Hearing (course DV-130).

(iii)  In a local child support action under the Family Code, any party other than the local child support agency must use Asking for Order (form FL-300) to ask for court orders.

(Subd (a) adopted effective July ane, 2016; previous subd (a) repealed constructive July 1, 2016.)

(b) Request for lodge; required forms and filing procedure

(ane)  The Request for Order (form FL-300) must fix along facts sufficient to notify the other political party of the moving party's contentions in support of the relief requested.

(2)  When a party seeks orders for spousal or domestic partner support, attorney'south fees and costs, or other orders relating to the parties' property or finances:

(A)  The party must complete an Income and Expense Declaration (course FL-150) and file it with the Request for Order (form FL-300); and

(B)  The Income and Expense Declaration (form FL-150) must be current, as described in rule 5.260 and include the documents specified in form FL-150 that demonstrate the party's income.

(iii)  When seeking child support orders:

(A)  A party must complete an Income and Expense Declaration (form FL-150) and file it with the Asking for Order (form FL-300);

(B)  The Income and Expense Announcement (form FL-150) must be current, as described in dominion five.260 and include the documents specified in the grade that demonstrate the political party'south income; and

(C)  A political party may consummate a electric current Fiscal Statement (Simplified) (form FL-155) instead of a current Income and Expense Proclamation (form FL-150) only if the party meets the requirements listed in class FL-155.

(4)  The moving party may be required to consummate, file, and take additional forms or attachments served forth with a Request for Order (form FL-300) when seeking courtroom orders for child custody and visitation (parenting time), attorney'southward fees and costs, back up, and other financial matters. For more information, see Information Sheet for Request for Order (form FL-300-INFO).

(5)  The moving party must file the documents with the court clerk to obtain a court date and and then accept a filed copy served on all parties in the case within the timelines required by law.

(6)  No memorandum of points and authorities need be filed with a Request for Society (class FL-300) unless required by the court on a instance-past-case basis.

(Subd (b) adopted effective July 1, 2016; previous subd (b) repealed effective July 1, 2016.)

(c) Request for temporary emergency (ex parte) orders

If the moving party seeks temporary emergency orders awaiting the hearing, the moving political party must:

(1)  Comply with rules 5.151 through 5.169 of the California Rules of Court;

(2)  Complete and include a proposed Temporary Emergency (Ex Parte) Orders (form FL-305) with the Request for Order (form FL-300); and

(3)  Comply with specified local court procedures and/or local court rules about reserving the twenty-four hours for the temporary emergency hearing, submitting the paperwork to the court, and use of local forms.

(Subd (c) adopted effective July 1, 2016; previous subd (c) repealed constructive July 1, 2016.)

(d) Request for order shortening fourth dimension (for service or fourth dimension until the hearing)

If the moving political party seeks an order for a shorter fourth dimension to serve documents or a shorter time until the hearing:

(one)  The moving political party must submit the request as a temporary emergency gild on form FL-300 and comply with the requirements of rules 5.151 through 5.169 of the California Rules of Court; and

(ii)  The moving party's request must be supported past a declaration or a statement of facts showing good cause for the courtroom to prescribe shorter times for the filing and service of the Request for Order (class FL-300) than the times specified in Code of Civil Process section 1005.

(3)  The court may outcome the order shortening time in the "Court Orders" section of the Request for Society (form FL-300).

(Subd (d) adopted effective July 1, 2016; previous subd (d) repealed effective July 1, 2016.)

(e) Issuance by court clerk

The court clerk's potency to issue a Asking for Gild (class FL-300) equally a ministerial act is express to those orders or notices:

(one)  For the parties to attend orientation and confidential mediation or child custody recommending counseling; and

(2)  That may be delegated by a judicial officer and do non crave the use of judicial discretion.

(Subd (eastward) adopted effective July 1, 2016.)

(f) Request for order; service requirements

(i)  The Request for Lodge (form FL-300) and appropriate documents or orders must exist served in the fashion specified for the service of a summons in Lawmaking of Civil Procedure sections 415.ten through 415.95, including personal service, if:

(A)  The court granted temporary emergency orders pending the hearing;

(B)  The responding party has not yet appeared in the example as described in dominion 5.62; or

(C)  The court ordered personal service on the other party.

(ii)  A Request for Guild (form FL-300) must be served as specified in Family unit Lawmaking department 215 if filed later entry of a family law judgment or afterwards a permanent guild was made in any proceeding in which there was at issue the custody, visitation (parenting time), or support of a child.

(A)  Requests to change a judgment or permanent order for custody, visitation (parenting time), or support of a child may be served past mail on the other party or parties only if the moving political party tin can verify the other parties' current address.

(B)Declaration Regarding Accost Verification (form FL-334) may be used every bit the address verification required by Family unit Code section 215. The completed form, or a declaration that includes the same information, must be filed with the proof of service of the Request for Order.

(3)  All other requests for orders and appropriate documents may be served as specified in Code of Civil Procedure section 1010 et seq., including service by mail service.

(four)  The post-obit blank forms must be served with a Request for Lodge (grade FL-300):

(A)Responsive Announcement to Request for Society (form FL-320); and

(B)Income and Expense Declaration (form FL-150), when the requesting party is serving a competed FL-150 or FL-155.

(Subd (f) adopted constructive July one, 2016.)

(g) Responsive annunciation to request for order; procedures

To respond to the issues raised in the Request for Order (form FL-300) and accompanying papers, the responding party must complete, file, and take a Responsive Announcement to Request for Order (course FL-320) served on all parties in the case.

(ane)  The Responsive Declaration to Request for Lodge (form FL-320) must prepare along facts sufficient to notify the other party of the declarant's contentions in response to the asking for club and in support of any relief requested.

(two)  The responding party may asking relief related to the orders requested in the moving papers. Nonetheless, unrelated relief must be sought by scheduling a split hearing using Request for Order (grade FL-300) and following the filing and service requirements for a Asking for Order described in this rule.

(3)  A completed Income and Expense Declaration (form FL-150) must exist filed with the Responsive Declaration to Asking for Club (class FL-320) following the same requirements specified above in rule five.92(b)(two) and (b)(3).

(iv)  The responding political party may be required to consummate, file, and serve additional forms or attachments along with a Responsive Annunciation to Request for Social club (form FL-320) when responding to a Request for Guild (class FL-300) about child custody and visitation (parenting time), chaser fees and costs, back up, and other financial matters. For more information, read Data Sail: Responsive Declaration to Request for Order (form FL-320-INFO).

(5)  No memorandum of points and authorities need be filed with a Responsive Declaration to Request for Society (form FL-320) unless required by the courtroom on a case-by-case basis.

(6)  A Responsive Declaration to Request for Order (grade FL-320) may exist served on the parties past mail, unless otherwise required by courtroom order.

(Subd (g) adopted effective July i, 2016.)

Rule 5.92 amended effective July 1, 2016; adopted constructive July 1, 2012.

The Family and Juvenile Law Advisory Commission and the Elkins Implementation Task Force developed rule 5.92 and Request for Order (form FL-300) in response to Elkins Family unit Law Task Force: Final Report and Recommendations (Apr 2010) for one comprehensive form and related procedures to supersede the Order to Show Cause (grade FL-300) and Detect of Motion (class FL-301). (Meet page 35 of the concluding report online at world wide web.courts.ca.gov/elkins-finalreport.pdf.)

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