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2021 California Rules of Court

Rule 5.95. Request to reschedule hearing

(a) Application

The rules in this chapter govern requests to reschedule a hearing in family law cases, unless otherwise provided by statute or rule. Unless specifically stated, these rules do not apply to ex parte applications for domestic violence restraining orders under the Domestic Violence Prevention Act.

(b) Reschedule a hearing because the other party was not served

If a Request for Order (form FL-300) (with or without temporary emergency [ex parte] orders), order to show cause, or other moving paper is not served on the other party as described in rule 5.92 or as ordered by the court and the requesting party still wishes to proceed with the hearing, the party must ask the court to reschedule the hearing date.

(1)  To request that the court reschedule the hearing to serve papers on the other party, the party must take one of the following actions:

(A)  Before the date of the hearing

(i)  The party must complete and file with the court a written request and a proposed order. The following forms may be used for this purpose: Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (form FL-307), whichever form is appropriate for the case, and Order on Request to Reschedule Hearing (form FL-309); and

(ii)  The party should submit the request to the court no later than five court days before the hearing set on the Request for Order (form FL-300), order to show cause, or other moving paper.

(B)  On the date of the hearing

The party may appear and orally ask the court to reschedule the hearing. The party is not required to file a written request but must complete and submit a proposed Order on Request to Reschedule Hearing (form FL-309).

(2)  The court may do any of the following:

(A)  Grant or deny the request to reschedule the hearing.

(B)  Delegate to the court clerk the authority to reschedule the hearing if:

(i)  The request to reschedule the hearing is required to allow more time to serve the other party with notice of the hearing; and

(ii)  The party asking to reschedule the hearing does not request a change to any temporary emergency (ex parte) orders issued with the Request for Order (form FL-300).

(3)  If the court reschedules the hearing:

(A)  The court, on a showing of good cause, may modify or terminate any temporary emergency (ex parte) orders initially granted with the Request for Order (form FL-300), order to show cause, or other moving papers.

(B)  The requesting party must serve the Order on Request to Reschedule Hearing (form FL-309) on the other party in the case, along with the Request for Order (form FL-300) or other moving papers such as an order to show cause, any temporary emergency (ex parte) orders, and supporting documents.

(C)  If the other party has not been served with the papers in (B) after the court granted the request to reschedule, the party must repeat the procedures in this rule, unless the court orders otherwise.

(c) Written agreements (stipulations) to reschedule a hearing

The court may reschedule the hearing date of a Request for Order (FL-300), order to show cause, or other moving paper based on a written agreement (stipulation) between the parties and/or their attorneys.

(1)  The parties may complete Agreement and Order to Reschedule Hearing (form FL-308) for this purpose.

(2)  The parties may agree to reschedule the hearing to a date that must be provided by the court clerk. Parties should follow the court's local rules and procedures for obtaining a new hearing date.

(3)  Any temporary emergency orders will remain in effect until after the end of the new hearing date, unless modified by the court.

(4)  The parties should submit the agreement to the court no later than five days before the hearing set on the Request for Order (form FL-300), order to show cause, or other moving paper.

(5)  The court must approve and sign the agreement to make it a court order.

(6)  The court may limit the number of times that parties can agree to reschedule a hearing.

(d) Reschedule a hearing after the other party was served with the request for order or other moving papers

The procedures in this section apply when a Request for Order (form FL-300), order to show cause, or other moving paper was served on the other party as described in rule 5.92 or as ordered by the court and either party seeks to reschedule the hearing date, and the parties are unable to reach an agreement about rescheduling the hearing.

(1)  To reschedule a hearing, either party must submit a written request to reschedule before the hearing date as described below in (A) or appear in court on the date of the hearing and orally ask the court to reschedule, as described below in (B):

(A)  Before the date of the hearing

(i)  The party asking to reschedule the hearing must complete a written request and a proposed order. The following forms may be used for this purpose: Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders (form FL-307), whichever form is appropriate for the case, and Order on Request to Reschedule Hearing (form FL-309).

(ii)  The party must first notify and serve the other party. Notice and service to the other party of the documents in (i) must be completed as required by rules 5.151 through 5.169.

(iii)  The party must file or submit to the court the forms in (i), along with a declaration describing how the other party was notified of the request to reschedule and served the documents. Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (form FL-303), a local form, or a declaration that contains the same information as form FL-303 may be used for this purpose.

(iv)  The party should submit the forms in (iii) to the court no later than five court days before the hearing date set on the Request for Order (form FL-300), order to show cause, or other moving paper.

(v)  The party responding to a written request to reschedule may file and serve a responsive declaration to the request to reschedule before the court considers the written request. Responsive Declaration to Request to Reschedule Hearing (form FL-310) may be used for this purpose.

(B)  On the date of the hearing

The party asking to reschedule the hearing may appear in court and orally request to reschedule the hearing. The party is not required to file a written request but must complete and submit a proposed Order on Request to Reschedule Hearing (form FL-309).

(2)  The court may do any of the following:

(A)  Grant the request to reschedule the hearing on a showing of good cause or as required by law.

(B)  Deny the request to reschedule absent a showing of good cause.

(C)  Modify or terminate any temporary emergency (ex parte) orders initially granted with the Request for Order (form FL-300), order to show cause, or other moving paper.

(e) Reschedule a hearing to attend mediation or child custody recommending counseling

(1)  When parties need to reschedule a hearing relating to child custody and visitation (parenting time) because they have been unable to attend the family court services appointment, they should follow their local court rules and procedures for requesting and obtaining an order to reschedule the hearing.

(2)  If the local court has no local rules and procedures for rescheduling hearings under (1), the parties may:

(A)  Complete and file a written agreement (stipulation) for the court to sign as described in (c) of this rule; or

(B)  Follow the procedures in (d) to ask for a court order to reschedule the hearing.

Rule 5.95 adopted effective July 1, 2020.

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