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2016 California Rules of Court

Rule 5.94. Order shortening time; other filing requirements

(a) Order shortening time

The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

(b) Time for filing proof of service

Proof of service of the Request for Order (FL-300) and supporting papers should be filed five court days before the hearing date.

(c) Failure to timely serve moving papers

If a Request for Order (FL-300) is not timely served on the opposing party, the moving party must notify the court as soon as possible before the date assigned for the court hearing and request a new hearing date to allow additional time to serve the Request for Order (FL-300) and supporting documents.

The moving party must also request that the court reissue the Request for Order (FL-300) and any temporary orders. To do so, the moving party must complete and submit to the court an Application and Order for Reissuance of Request for Order (form FL-306).

(d) Filing of late papers

No moving or responding papers relating to a request for order may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.

(e) Computation of time

Moving or responding papers submitted before the close of the clerk's office to the public on the day that the paper is due is deemed timely filed.

Rule 5.94 adopted effective January 1, 2013.

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