California

Family Law

Family Law

Rule 5.92 – Request for court order; responsive declaration

(a) Application

(1) In a family law proceeding under the Family Code:

(A) The term “request for order” has the same meaning as the terms “motion” or “notice of motion” when they are used in the Code of Civil Procedure;
(B) A Request for Order (form FL-300) must be used to ask for court orders, unless another Judicial Council form has been adopted or approved for the specific request; and
(C) A Responsive Declaration to Request for Order (form FL-320) must be used to respond to the orders sought in form FL-300, unless another Judicial Council form has been adopted or approved for the specific purpose.
(2) In an action under the Domestic Violence Prevention Act, a Request for Order (form FL-300) must be used to request a modification or termination of all orders made after a hearing on Restraining Order After Hearing (form DV-130).
(3) In a local child support action under the Family Code, any party other than the local child support agency must use Request for Order (form FL-300) to ask for court orders.

(Subd (a) adopted effective July 1, 2016; previous subd (a) repealed effective January 1, 2016.)

(b) Request for order; required forms and filing procedure

(1) The Request for Order (form FL-300) must set forth facts sufficient to notify the other party of the moving party’s contentions in support of the relief requested.
(2) When a party seeks orders for spousal or domestic partner support, attorney’s fees and costs, or other orders relating to the parties’ property or finances:

(A) The party must complete an Income and Expense Declaration (form FL-150) and file it with the Request for Order (form FL-300); and
(B) The Income and Expense Declaration (form FL-150) must be current, as described in rule 5.260 and include the documents specified in form FL-150 that demonstrate the party’s income.
(3) When seeking child support orders:

(A) A party must complete an Income and Expense Declaration (form FL-150) and file it with the Request for Order (form FL-300);
(B) The Income and Expense Declaration (form FL-150) must be current, as described in rule 5.260 and include the documents specified in the form that demonstrate the party’s income; and
(C) A party may complete a current Financial Statement (Simplified) (form FL-155) instead of a current Income and Expense Declaration (form FL-150) only if the party meets the requirements listed in form FL-155.
(4) The moving party may be required to complete, file, and have additional forms or attachments served along with a Request for Order (form FL-300) when seeking court orders for child custody and visitation (parenting time), attorney’s fees and costs, support, and other financial matters. For more information, see Information Sheet for Request for Order (form FL-300-INFO).
(5) The moving party must file the documents with the court clerk to obtain a court date and then have a filed copy served on all parties in the case within the timelines required by law.
(6) No memorandum of points and authorities need be filed with a Request for Order (form FL-300) unless required by the court on a case-by-case basis.

(Subd (b) adopted effective July 1, 2016; previous subd (b) repealed effective January 1, 2016.)

(c) Request for temporary emergency (ex parte) orders

If the moving party seeks temporary emergency orders pending the hearing, the moving party must:

(1) Comply with rules 5.151 through 5.169 of the California Rules of Court;
(2) Complete and include a proposed Temporary Emergency (Ex Parte) Orders (form FL-305) with the Request for Order (form FL-300); and
(3) Comply with specified local court procedures and/or local court rules about reserving the day for the temporary emergency hearing, submitting the paperwork to the court, and use of local forms.

(Subd (c) adopted effective July 1, 2016; previous subd (c) repealed effective January 1, 2016.)

(d) Request for order shortening time (for service or time until the hearing)

If the moving party seeks an order for a shorter time to serve documents or a shorter time until the hearing:

(1) The moving party must submit the request as a temporary emergency order on form FL-300 and comply with the requirements of rules 5.151 through 5.169 of the California Rules of Court; and
(2) The moving party’s request must be supported by a declaration or a statement of facts showing good cause for the court to prescribe shorter times for the filing and service of the Request for Order (form FL-300) than the times specified in Code of Civil Procedure section 1005.
(3) The court may issue the order shortening time in the “Court Orders” section of the Request for Order (form FL-300).

(Subd (d) adopted effective July 1, 2016; previous subd (d) repealed effective January 1, 2016.)

(e) Issuance by court clerk

The court clerk’s authority to issue a Request for Order (form FL-300) as a ministerial act is limited to those orders or notices:

(1) For the parties to attend orientation and confidential mediation or child custody recommending counseling; and
(2) That may be delegated by a judicial officer and do not require the use of judicial discretion.

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

(f) Request for order; service requirements

(1) The Request for Order (form FL-300) and appropriate documents or orders must be served in the manner specified for the service of a summons in Code of Civil Procedure sections 415.10 through 415.95, including personal service, if:

(A) The court granted temporary emergency orders pending the hearing;
(B) The responding party has not yet appeared in the case as described in rule 5.62; or
(C) The court ordered personal service on the other party.
(2) A Request for Order (form FL-300) must be served as specified in Family Code section 215 if filed after entry of a family law judgment or after a permanent order was made in any proceeding in which there was at issue the custody, visitation (parenting time), or support of a child.

(A) Requests to change a judgment or permanent order for custody, visitation (parenting time), or support of a child may be served by mail on the other party or parties only if the moving party can verify the other parties’ current address.
(B)Declaration Regarding Address Verification (form FL-334) may be used as the address verification required by Family Code section 215. The completed form, or a declaration that includes the same information, must be filed with the proof of service of the Request for Order.
(3) All other requests for orders and appropriate documents may be served as specified in Code of Civil Procedure section 1010 et seq., including service by mail.
(4) The following blank forms must be served with a Request for Order (form FL-300):

(A)Responsive Declaration to Request for Order (form FL-320); and
(B)Income and Expense Declaration (form FL-150), when the requesting party is serving a competed FL-150 or FL-155.

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

(g) Responsive declaration to request for order; procedures

To respond to the issues raised in the Request for Order (form FL-300) and accompanying papers, the responding party must complete, file, and have a Responsive Declaration to Request for Order (form FL-320) served on all parties in the case.

(1)The Responsive Declaration to Request for Order (form FL-320) must set forth facts sufficient to notify the other party of the declarant’s contentions in response to the request for order and in support of any relief requested.
(2) The responding party may request relief related to the orders requested in the moving papers. However, unrelated relief must be sought by scheduling a separate hearing using Request for Order (form FL-300) and following the filing and service requirements for a Request for Order described in this rule.
(3) A completed Income and Expense Declaration (form FL-150) must be filed with the Responsive Declaration to Request for Order (form FL-320) following the same requirements specified above in rule 5.92(b)(2) and (b)(3).
(4) The responding party may be required to complete, file, and serve additional forms or attachments along with a Responsive Declaration to Request for Order (form FL-320) when responding to a Request for Order (form FL-300) about child custody and visitation (parenting time), attorney fees and costs, support, and other financial matters. For more information, read Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO).
(5) No memorandum of points and authorities need be filed with a Responsive Declaration to Request for Order (form FL-320) unless required by the court on a case-by-case basis.
(6) A Responsive Declaration to Request for Order (form FL-320) may be served on the parties by mail, unless otherwise required by court order.

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

Cal. R. Ct. 5.92

Rule 5.92 amended effective July 1, 2016; adopted effective July 1, 2012.

Advisory Committee Comment

The Family and Juvenile Law Advisory Committee and the Elkins Implementation Task Force developed rule 5.92 and Request for Order (form FL-300) in response to Elkins Family Law Task Force: Final Report and Recommendations (April 2010) for one comprehensive form and related procedures to replace the Order to Show Cause (form FL-300) and Notice of Motion (form FL-301). (See page 35 of the final report online at www.courts.ca.gov/elkins-finalreport.pdf.)

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