Title
Title
Family Law: Request to Continue Hearing and Declaration Regarding Notice of Request for Temporary Emergency Orders (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends revising the form used to ask for an order to continue a hearing by expanding its use beyond cases in which temporary emergency (ex parte) orders had been previously issued. The committee also recommends revising the form used to show compliance with the notice and service requirements when requesting a temporary emergency (ex parte) order by including a new space for the date, time, and location of the proposed emergency hearing or submission of documents. The changes respond to specific suggestions from court professionals and help increase efficiencies in the way courts process requests to continue hearings and requests for temporary emergency orders.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective September 1, 2017:
1. Amend rule 5.94 of the California Rules of Court to:
a. Remove “and extend temporary emergency (ex parte) orders” from the title; and
b. Reflect revised procedures relating to continuances and use of forms FL-306 and FL-307;
2. Revise Declaration Regarding Notice of Service and Request for Temporary Emergency (Ex Parte) Orders (form FL-303) to provide a space for a party to specify the hearing date requested for the no-notice hearing or the date that the party will submit the request for the court to decide based on declarations; and
3. Revoke Request and Order to Continue Hearing and Extend Temporary Emergency (Ex Parte) Orders (form FL-306) and replace it with two new forms, Request to Continue Hearing (form FL-306) and Order on Request to Continue Hearing (form FL-307).