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2022 California Rules of Court

Rule 5.92. Request for court order; responsive declaration

(a) Awarding

(ane)  In a family law proceeding nether the Family Code:

(A)  The term "asking for order" has the same meaning as the terms "motion" or "notice of motion" when they are used in the Code of Civil Procedure;

(B)  A Request for Order (form FL-300) must be used to ask for courtroom orders, unless another Judicial Council class has been adopted or approved for the specific request; and

(C)  A Responsive Proclamation to Request for Order (grade FL-320) must exist used to reply to the orders sought in course FL-300, unless another Judicial Council form has been adopted or approved for the specific purpose.

(two)  In an action under the Domestic Violence Prevention Human action, a Request for Order (course FL-300) must be used to request a modification or termination of all orders made after a hearing on Restraining Society Later on Hearing (form DV-130).

(3)  In a local child support action under the Family unit Code, whatsoever political party other than the local kid support agency must employ Request for Order (form FL-300) to ask for court orders.

(Subd (a) adopted effective July 1, 2016; previous subd (a) repealed effective July 1, 2016.)

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

(1)  The Request for Gild (class FL-300) must set forth facts sufficient to notify the other party of the moving party'southward contentions in back up of the relief requested.

(ii)  When a party seeks orders for spousal or domestic partner support, attorney's fees and costs, or other orders relating to the parties' belongings 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 (grade FL-150) must exist current, every bit described in rule 5.260 and include the documents specified in course FL-150 that demonstrate the political party's income.

(3)  When seeking child support orders:

(A)  A political party must complete an Income and Expense Proclamation (form FL-150) and file it with the Asking for Social club (grade FL-300);

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

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

(4)  The moving party may be required to complete, file, and accept additional forms or attachments served along with a Request for Order (class FL-300) when seeking court orders for child custody and visitation (parenting time), attorney's fees and costs, support, and other financial matters. For more information, see Information Sheet for Request for Order (form FL-300-INFO).

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

(6)  No memorandum of points and authorities demand be filed with a Request for Order (grade FL-300) unless required by the court on a case-by-case basis.

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

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

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

(i)  Comply with rules 5.151 through v.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 Social club (form FL-300); and

(iii)  Comply with specified local court procedures and/or local courtroom rules about reserving the day for the temporary emergency hearing, submitting the paperwork to the court, and utilize of local forms.

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

(d) Asking for order shortening time (for service or time until the hearing)

If the moving party seeks an social club for a shorter time to serve documents or a shorter time until the hearing:

(1)  The moving party must submit the asking as a temporary emergency order on grade FL-300 and comply with the requirements of rules 5.151 through 5.169 of the California Rules of Courtroom; and

(2)  The moving political party's asking must be supported by a declaration or a statement of facts showing expert crusade for the courtroom to prescribe shorter times for the filing and service of the Asking for Order (form FL-300) than the times specified in Lawmaking of Civil Procedure department 1005.

(3)  The court may effect the social club shortening time in the "Court Orders" section of the Request for Gild (form FL-300).

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

(east) Issuance by court clerk

The court clerk's authority to effect a Request for Social club (class FL-300) as a ministerial human activity 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 be delegated by a judicial officer and do not crave the apply of judicial discretion.

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

(f) Request for order; service requirements

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

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

(B)  The responding political party has non yet appeared in the example as described in dominion 5.62; or

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

(2)  A Request for Club (class FL-300) must be served equally specified in Family Code section 215 if filed after entry of a family police judgment or after a permanent lodge was made in any proceeding in which there was at effect the custody, visitation (parenting time), or support of a child.

(A)  Requests to modify a judgment or permanent social club for custody, visitation (parenting fourth dimension), or support of a child may be served by postal service on the other party or parties only if the moving party can verify the other parties' electric current address.

(B)Declaration Regarding Address Verification (form FL-334) may be used equally the address verification required by Family Code section 215. The completed grade, or a announcement that includes the same data, must exist filed with the proof of service of the Request for Order.

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

(4)  The following blank forms must be served with a Asking for Gild (form FL-300):

(A)Responsive Declaration to Asking for Social club (form FL-320); and

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

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

(g) Responsive annunciation to request for order; procedures

To reply to the bug raised in the Request for Gild (form FL-300) and accompanying papers, the responding party must complete, file, and have a Responsive Declaration to Asking for Order (form FL-320) served on all parties in the case.

(one)  The Responsive Announcement to Asking for Order (form FL-320) must fix forth facts sufficient to notify the other party of the declarant's contentions in response to the request for order and in back up of any relief requested.

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

(3)  A completed Income and Expense Annunciation (form FL-150) must be filed with the Responsive Declaration to Asking for Club (course FL-320) post-obit the aforementioned requirements specified above in rule 5.92(b)(ii) and (b)(3).

(4)  The responding party may be required to complete, file, and serve boosted forms or attachments forth with a Responsive Annunciation to Request for Order (form FL-320) when responding to a Request for Order (form FL-300) about child custody and visitation (parenting fourth dimension), chaser fees and costs, support, and other financial matters. For more than data, read Information Sheet: Responsive Announcement to Asking for Club (form FL-320-INFO).

(5)  No memorandum of points and authorities need be filed with a Responsive Annunciation to Request for Social club (course FL-320) unless required by the courtroom on a case-past-example basis.

(6)  A Responsive Annunciation to Asking for Order (course FL-320) may be served on the parties by mail, unless otherwise required by court order.

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

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

The Family unit and Juvenile Law Advisory Committee and the Elkins Implementation Task Strength adult rule 5.92 and Asking for Order (class FL-300) in response to Elkins Family Law Job Force: Final Study and Recommendations (April 2010) for one comprehensive form and related procedures to supercede the Club to Show Cause (form FL-300) and Detect of Motion (form FL-301). (See page 35 of the final written report online at www.courts.ca.gov/elkins-finalreport.pdf.)

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