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2016 California Rules of Court

Rule 5.94. Order shortening time; other filing requirements; request to continue hearing and extend temporary emergency (ex parte) orders

(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 and temporary emergency (ex parte) orders

The Request for Order (form FL-300) and Temporary Emergency (Ex Parte) Orders (form FL-305) 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), supporting documents, and any orders issued on Temporary Emergency (Ex Parte) Orders (form FL-305); or

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

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

(f) Procedures to request continued hearing date and extension of temporary emergency (ex parte) orders

(1)If a Request for Order (form FL-300) that includes temporary emergency orders is not timely served on the other party before the date of the hearing, and the party granted the temporary emergency (ex parte) orders wishes to proceed with the request, he or she must ask the court to continue the hearing date. On a showing of good cause, or on its own motion, the court may:

(A)Continue the hearing and extend the expiration date of the temporary emergency orders until the end of the continued hearing or to another date ordered by the court.

(B)Modify the temporary emergency (ex parte) orders.

(C)Terminate the temporary emergency (ex parte) orders.

(2)The party served with a Request for Order (form FL-300) that includes temporary emergency (ex parte) orders:

(A)Is entitled to one continuance for a reasonable period of time to respond and, thereafter, to a continuance based on a showing of good cause.

(B)Must file and serve a Responsive Declaration to Request for Order (form FL-320) as required by the court order.

(3)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 and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Orders (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 originally set on the Request for Order.

(ii)The party may present the form to the court at the hearing of the Request for Order.

(iii)The party who makes an oral request to the court on the date of the hearing is also required to complete and submit form FL-306 if the court grants the request.

(B)After the court signs and files form FL-306, a filed copy must be served on the other party, unless the court orders otherwise. If the continuance is granted:

(i)Before the other party is served with notice of the hearing and temporary emergency (ex parte) orders, then form FL-306 must be attached as the cover page and served along with the Request for Order (form FL-300), the original or modified temporary emergency (ex parte) orders, and supporting documents.

(ii)To the responding party, and the party who asked for the temporary emergency order was absent when the continuance was granted, then form FL-306 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.

(C)If the Request and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Orders (form FL-306), Request for Order (FL-300), original or modified temporary emergency 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.

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

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

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