court_form | California
CH-115-INFO - How to Ask for a New Hearing Date
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How to Ask for a New Hearing Date
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Form ID: CH-115-INFO Title: How to Ask for a New Hearing Date Effective Date: 2020-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CH-115-INFO Primary Download URL: https://www.courts.ca.gov/documents/ch115info.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/ch115infoc.pdf, https://www.courts.ca.gov/documents/ch115infok.pdf, https://www.courts.ca.gov/documents/ch115infos.pdf, https://www.courts.ca.gov/documents/ch115infov.pdf Form Detail Page: How to Ask for a New Hearing Date (CH-115-INFO) Explains how to ask the court to reschedule your court date. Get form CH-115-INFO 汉语 Get form CH-115-INFO in Chinese Simplified (Chinese Simplified) 한국어 Get form CH-115-INFO in Korean (Korean) español Get form CH-115-INFO in Spanish (Spanish) Tiếng Việt Get form CH-115-INFO in Vietnamese (Vietnamese) Effective: January 1, 2020 Go to How-to instructions for Civil Harassment Go to Civil Harassment Form Packets PDF Text: You may need to ask for a new court date if: What does form CH-115 do? Use Request to Continue Hearing (form CH-115) to ask the court to reschedule your court date. If your court date is rescheduled and a Temporary Restraining Order (TRO; form CH-110) was granted, the TRO will be extended until the end of your new court date unless the court decides to modify or terminate it. “Extend” means to keep any temporary orders in effect until the new court date. Follow these steps: • Fill out all of form CH-115. • Fill out items • The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the court clerk for information on how you ask the judge to review your papers. • After you turn in your forms as required by your local court, check with the clerk’s office to see if the judge approved (granted) your request to reschedule your court date. • If the judge signed form CH-116, you will have a new court date. If the judge did NOT sign the form, you should go to court at the date, time, and location on form CH-109. • Next, file both forms CH-115 and CH-116 with the clerk. The clerk will make up to three file-stamped copies for you. Keep at least one copy to bring to your court date. • The other party must be served a copy of the court papers as described in item • Ask the person who serves the papers to complete a proof of service form and give it to you. If service was in person, use Proof of Personal Service (form CH-200 ). If service was by mail, use Proof of Service—Civil (form POS-040). Make two copies of the completed forms. • If the court reschedules your court date and extends the TRO to the new court date, the clerk will send the TRO to law enforcement. It will be entered into a statewide computer system that lets police know about the order so that it can be enforced. Need help? Ask the court clerk about free or low-cost legal help that may be available in your county. How to Ask for a New Hearing Date (Civil Harassment Prevention) CH-115-INFO, Page 1 of 1 How to Ask for a New Hearing DateCH-115-INFO 6 1 2 Go to your court date You are the person asking for protection and are unable to have Notice of Court Hearing (form CH-109), and other papers served in time before the court date. You are the person to be restrained and making your first request to reschedule your court date. You have a good reason for needing a new court date. (The court may grant your request to reschedule your court date on a showing of good cause.) • • • File the completed and signed proof of service form with the clerk’s office before your court date.• If you are the person seeking protection and you do not go to the court date, your TRO will expire at the end of your court date. • • Take at least two copies of your documents and filed forms to your court date. Include a filed proof of service form. “Documents” may include exhibits, declarations, and financial statements, and the court may enter them into evidence at its discretion. Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form Code of Civil Procedure, § 527.6(p) 1 2 3 4 5 If you are the person to be restrained and you do not go to your court date, the court can still make orders against you that can last for up to five years. • on Order on Request to Continue Hearing (form CH-116).and on form CH-116.
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Form ID: CH-115-INFO Title: How to Ask for a New Hearing Date Effective Date: 2020-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CH-115-INFO Primary Download URL: https://www.courts.ca.gov/documents/ch115info.pdf Alternate Download URLs: http…
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in person, use Proof of Personal Service (form CH-200 ). If service was by mail, use Proof of Service—Civil (form POS-040). Make two copies of the completed forms. • If the court reschedules your court date and extends the TRO to the new court date, the clerk will send the TRO to law enforcement. It will be enter…