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2022 California Rules of Courtroom

Rule 5.92. Asking for court order; responsive announcement

(a) Application

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

(A)  The term "asking for order" has the aforementioned meaning every bit the terms "motion" or "notice of motion" when they are used in the Code of Civil Process;

(B)  A Asking for Guild (form FL-300) must be used to inquire for courtroom orders, unless another Judicial Quango course has been adopted or approved for the specific request; and

(C)  A Responsive Annunciation to Request for Society (class FL-320) must be used to respond to the orders sought in form FL-300, unless another Judicial Council form has been adopted or canonical for the specific purpose.

(2)  In an activity under the Domestic Violence Prevention Act, a Request for Social club (course FL-300) must be used to request a modification or termination of all orders fabricated later a hearing on Restraining Order Later Hearing (form DV-130).

(three)  In a local child support action under the Family Lawmaking, whatever political party other than the local child support bureau must use Request for Order (course FL-300) to enquire for court orders.

(Subd (a) adopted effective July ane, 2016; previous subd (a) repealed constructive July 1, 2016.)

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

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

(2)  When a party seeks orders for spousal or domestic partner back up, chaser's fees and costs, or other orders relating to the parties' property or finances:

(A)  The party must complete an Income and Expense Declaration (class FL-150) and file information technology 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'due south income.

(3)  When seeking child support orders:

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

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

(C)  A party may complete a electric current Financial Statement (Simplified) (course FL-155) instead of a current Income and Expense Proclamation (course FL-150) only if the party meets the requirements listed in course FL-155.

(4)  The moving party may be required to complete, file, and have boosted forms or attachments served forth with a Request for Order (form FL-300) when seeking court orders for child custody and visitation (parenting time), attorney'south fees and costs, support, and other financial matters. For more information, come across Data Sheet for Request for Order (class FL-300-INFO).

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

(6)  No memorandum of points and regime need be filed with a Request for Guild (form FL-300) unless required by the court on a case-by-case basis.

(Subd (b) adopted constructive 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 pending the hearing, the moving party must:

(ane)  Comply with rules 5.151 through five.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 courtroom rules near reserving the day for the temporary emergency hearing, submitting the paperwork to the court, and apply of local forms.

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

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

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

(i)  The moving party must submit the asking every bit a temporary emergency order on form FL-300 and comply with the requirements of rules 5.151 through v.169 of the California Rules of Court; and

(2)  The moving party'south request must exist supported by a declaration or a statement of facts showing skillful cause for the court to prescribe shorter times for the filing and service of the Request for Order (form FL-300) than the times specified in Code of Ceremonious Process section 1005.

(3)  The court may issue the order shortening fourth dimension in the "Court Orders" department of the Request for Order (grade FL-300).

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

(east) Issuance by court clerk

The courtroom clerk's authority to issue a Request for Gild (form FL-300) every bit a ministerial deed is limited to those orders or notices:

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

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

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

(f) Asking for order; service requirements

(1)  The Asking for Order (form FL-300) and appropriate documents or orders must be served in the manner specified for the service of a summons in Lawmaking of Civil Process sections 415.10 through 415.95, including personal service, if:

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

(B)  The responding party has non still appeared in the instance as described in dominion v.62; or

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

(2)  A Request for Lodge (form FL-300) must be served as specified in Family Code department 215 if filed afterwards entry of a family unit law judgment or subsequently a permanent order was fabricated in any proceeding in which there was at issue the custody, visitation (parenting time), or support of a kid.

(A)  Requests to alter 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 simply if the moving party can verify the other parties' electric current accost.

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

(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 past postal service.

(four)  The following blank forms must be served with a Request for Order (form FL-300):

(A)Responsive Annunciation to Request for Order (form FL-320); and

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

(Subd (f) adopted effective July ane, 2016.)

(yard) Responsive declaration to request for gild; procedures

To answer to the issues raised in the Request for Lodge (grade FL-300) and accompanying papers, the responding party must complete, file, and take a Responsive Declaration to Request for Social club (form FL-320) served on all parties in the example.

(1)  The Responsive Declaration to Request for Order (form FL-320) must set along facts sufficient to notify the other party of the declarant's contentions in response to the request for order and in back up of whatever relief requested.

(ii)  The responding political party may request relief related to the orders requested in the moving papers. However, unrelated relief must be sought by scheduling a separate hearing using Request for Lodge (class FL-300) and following the filing and service requirements for a Request for Lodge described in this rule.

(3)  A completed Income and Expense Declaration (class FL-150) must be filed with the Responsive Announcement to Asking for Guild (class FL-320) following the aforementioned requirements specified in a higher place in dominion 5.92(b)(2) and (b)(3).

(4)  The responding political party may be required to complete, file, and serve additional forms or attachments along with a Responsive Declaration to Request for Gild (form FL-320) when responding to a Request for Order (grade FL-300) virtually child custody and visitation (parenting time), chaser fees and costs, support, and other financial matters. For more information, read Data Sheet: Responsive Proclamation to Request for Order (course FL-320-INFO).

(5)  No memorandum of points and authorities demand exist filed with a Responsive Proclamation to Request for Society (form FL-320) unless required by the court on a case-by-instance ground.

(6)  A Responsive Annunciation to Request for Club (form FL-320) may exist served on the parties by mail, unless otherwise required by courtroom order.

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

Dominion 5.92 amended effective July 1, 2016; adopted effective July i, 2012.

The Family unit and Juvenile Law Advisory Committee and the Elkins Implementation Task Force developed dominion v.92 and Request for Order (form FL-300) in response to Elkins Family Law Chore Force: Terminal Report and Recommendations (April 2010) for ane comprehensive course and related procedures to supervene upon the Lodge to Show Crusade (class FL-300) and Notice of Motion (course FL-301). (Come across folio 35 of the final report online at www.courts.ca.gov/elkins-finalreport.pdf.)

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