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2018 California Rules of Court

Rule 5.94. Order shortening time; other filing requirements; request to continue hearing

(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) Filing of late papers

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

(Subd (c) amended and relettered effective July 1, 2016; adopted as subd (d).)

(d) Timely submission to court clerk

The papers requesting an order or responding to the request are deemed timely filed if they are submitted:

(1)Before the close of the court clerk's office to the public; and

(2)On or before the day the papers are due.

(Subd (d) amended and relettered effective July 1, 2016; adopted as subd (e).)

(e) Failure to timely serve request for order

The Request for Order (form FL-300) or other moving papers such as an order to show cause, along with any temporary emergency (ex parte) orders, will expire on the date and time of the scheduled hearing if the requesting party fails to:

(1)Have the other party timely served before the hearing with the Request for Order (form FL-300) or other moving papers, such as an order to show cause; supporting documents; and any temporary emergency (ex parte) orders; or

(2) Obtain a court order to continue the hearing.

(Subd (e) amended effective September 1, 2017; previously amended and relettered effective July 1, 2016; adopted as subd (c).)

(f) Procedures to request continued hearing date

(1)If a Request for Order (form FL-300), order to show cause, or other moving paper is not timely served on the other party before the date of the hearing, and the party requesting the order wishes to proceed with the request, he or she must ask the court to continue the hearing date.

(2)On a showing of good cause or on its own motion, the court may:

(A)Continue the hearing and set a new date; and

(B)Modify or terminate any temporary emergency (ex parte) orders initially granted with the Request for Order, order to show cause, or other moving paper.

(3)If the court grants a continuance and makes no change to the temporary emergency (ex parte) orders, those orders are extended until the time of the continued hearing or to another date specified by the court.

(4)The party served with a Request for Order (form FL-300), order to show cause, or other moving paper that includes temporary emergency (ex parte) orders:

(A)Is entitled to one continuance as a matter of course for a reasonable period of time to respond. A second or subsequent request by the responding party to continue the hearing must be supported by facts showing good cause for the continuance;

(B)May ask the court to continue the hearing by using Request to Continue Hearing (form FL-306); and

(C)Must file and serve a Responsive Declaration to Request for Order (form FL-320) before the date of the new hearing, as required by law or described in Order on Request to Continue Hearing (form FL-307).

(5)The following procedures apply to either party's request to continue the hearing:

(A)The party asking for the continuance must complete and submit an original Request to Continue Hearing (form FL-306) with two copies for the court to review, as follows:

(i)The form should be submitted to the court no later than five court days before the hearing date set on the Request for Order, order to show cause, or other moving papers.

(ii)The party may present the form to the court on the date of the hearing.

(iii)The party who, on the date of the hearing, makes an oral request to the court to continue the hearing, is not required to complete form FL-306, but must complete and submit an Order on Request to Continue Hearing (form FL-307) if the court grants the request.

(B)Along with form FL-306, the party asking for the continuance must submit to the court an Order on Request to Continue Hearing (form FL-307) with the caption and initial items completed as described on the form.

(C)After the court signs and files form FL-307, a filed copy must be served on the other party as follows, unless the court orders otherwise:

(i)If the continuance is granted, an Order on Request to Continue Hearing (form FL-307) must be attached as the cover page and served, along with the Request for Order (form FL-300) or other moving papers such as an order to show cause and any temporary emergency (ex parte) orders and supporting documents.

(ii)If the court grants the responding party's request for a continuance, and the party who asked for the order was absent when the continuance was granted, then an Order on Request to Continue Hearing (form FL-307) must be attached as the cover page to any documents the court orders served on that party.

(iii)Service must be in the manner required by rule 5.92 or as ordered by the court.

(D)If the Order on Request to Continue Hearing (form FL-307), Request for Order (FL-300) or order to show cause, original or modified temporary emergency (ex parte) order, and supporting documents are not timely served on the other party, and the requesting party wishes to proceed with the hearing, he or she must repeat the procedures in this rule unless the opposing party agrees to waive notice and proceed with the hearing.

(Subd (f) amended effective September 1, 2017; adopted effective July 1, 2016.)

Rule 5.94 amended effective September 1, 2017; adopted effective January 1, 2013; previously amended effective July 1, 2016.

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