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2021 California Rules of Court

Rule 5.94. Order shortening time; other filing requirements; failure to serve request for order

(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 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 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 reschedule the hearing, as described in rule 5.95.

(Subd (e) amended effective July 1, 2020; adopted as subd (c); previously amended and relettered effective July 1, 2016; previously amended effective September 1, 2017.)

Rule 5.94 amended effective July 1, 2020; adopted effective January 1, 2013; previously amended effective July 1, 2016, and September 1, 2017.

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