CRC Rule 5.92 - "Request for Order Procedures"

CALIFORNIA RULES OF COURT

Title 5. Family and Juvenile Rules

Division 1. Family Rules

Chapter 1. General Provisions

As amended through November 1, 2012

Rule 5.92. Request for court order; response

(a) Request for order; procedures

(1) In a family law proceeding other than an action under the Domestic Violence Prevention Act or a local child support agency action under the Family Code, a notice of motion or order to show cause must be filed on a Request for Order (form FL-300), unless another Judicial Council form has been adopted or approved for the specific motion or order to show cause.

(2) In an action under the Domestic Violence Prevention Act, a notice of motion or order to show cause to modify existing orders that were entered after a hearing may be filed on a Request for Order (form FL-300).

(3) In a local child support action under the Family Code, a notice of motion or order to show cause filed by any party other than the local child support agency may be filed on a Request for Order (form FL-300).

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

(5) A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) must be filed with the Request for Order (form FL-300) when relevant to the relief requested unless a current form is on file with the court.

(6) The moving party must file the documents with the court to obtain a court date and then serve a copy on the responding party.

(A) If the request for order seeks court orders pending a hearing or seeks an order that the other party attend the hearing, the Request for Order (form FL-300) and appropriate attachments must be served in the manner specified for the service of a summons in Code of Civil Procedure section 413.10 et seq.

(B) If the Request for Order (form FL-300) is filed after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which the visitation, custody, or support of a child was at issue, it must be served as specified in Family Code section 215.

(C) All other requests for order and appropriate attachments may be served as specified in Code of Civil Procedure section 1010 et.seq.

(7) The documents served must include a blank copy of the following:

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

(B) Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) when completed declarations are among the papers required to be served.

(b) Responding papers

To respond to the issues raised in the Request for Order (form FL-300) and attached papers, the responding party must complete, file, and serve a Responsive Declaration to Request for Order (form FL-320).

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

(2) The responding papers may request relief related to the orders requested in the moving papers. Unrelated relief must be sought by filing a separate request for order as specified in (a).

(3) A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) must be attached to the Responsive Declaration to Request for Order (form FL-320) when relevant to the relief 15 requested.

(c) Memorandum of points and authorities

No memorandum of points and authorities need be filed with a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) unless required by the court on a case-by-case basis.

(d) Additional documents

As specified in these rules, the moving and responding parties may be required to complete, file, and serve additional papers to request or respond to a Request for Order (form FL-300) about child custody and visitation (parenting time), attorney fees and costs, support, and other financial matters.


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