court_form | California
FL-304-INFO - How to Reschedule a Hearing in Family Court
Summary
How to Reschedule a Hearing in Family Court
Text
Form ID: FL-304-INFO
Title: How to Reschedule a Hearing in Family Court
Effective Date: 2020-07-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-304-INFO
Primary Download URL: https://www.courts.ca.gov/documents/fl304info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl304infos.pdf
Form Detail Page:
How to Reschedule a Hearing in Family Court
(FL-304-INFO)
Explains how to ask the court to reschedule your hearing, what to do if you have an agreement with the other party to reschedule your hearing, or what to do if you do not agree with the other party's request to reschedule your hearing.
Get form FL-304-INFO
español
Get form FL-304-INFO in Spanish
(Spanish)
Effective: July 1, 2020
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PDF Text:
How to Reschedule a Hearing
in Family Court
Judicial Council of California, www.courts.ca.gov
New July 1, 2020, Optional Form
Cal. Rules of Court, rule 5.95
FL-304-INFO, Page 1 of 3
This form provides information about how to
obtain a court order to reschedule a hearing in
family court. This information sheet may not
cover everything you need to know about
rescheduling a hearing in your court. To learn
more:
Written agreement (stipulation) to
reschedule a hearing (form FL-308)
2
When to use Request to Reschedule
Hearing (form FL-306)
3
The judge in your family court case may order
that the hearing date be rescheduled based on an
agreement (stipulation) between the parties or
their attorneys.
You must follow your court’s local procedures to
obtain the new hearing date from the court clerk.
You may use Agreement and Order to
Reschedule Hearing (form FL-308) if you do not
want to change temporary emergency orders. You
may use a local form approved by the court, or
write your own agreement.
If the court has issued temporary
emergency orders and those orders are in
effect, the parties could further agree that those
emergency orders will remain in effect until the
end of the new hearing. A draft of a new
temporary order with new end dates may have to
be given to the court for the judge to sign with
your agreement.
You may use this form to ask to reschedule the hearing
if the request for order or order to show cause you want
to reschedule:
Do not use form FL-306 to ask to change the date of a
domestic violence restraining order hearing. For more
information, read How to Ask for a New Hearing Date
(form DV-115-INFO
).
Some courts may limit the number of times the parties
can agree to rescheduling a hearing. Check your local
court rules before submitting your written agreement.
For information about how to write up your
agreement, get it approved by the court, and filed in
your case, see www.courts.ca.gov/selfhelp-agreeFL
,
speak with an attorney, or get help at your court’s self-
help center or the Family Law Facilitator.
If you and the other party do not have an agreement,
the party who wants to reschedule the hearing must
file papers, such as form FL-306 or form FL-307, to
ask for a court order.
Find a lawyer through your local bar
association, the State Bar of California at
www.
calbar.ca.gov, or the Lawyer Referral Service at
1-866-442-2529. For free and low-cost legal
help (if you qualify), go to
Contact the family law facilitator or self-help
center for information and assistance, and
referrals to local legal services providers. Go to
www.courts.ca.gov/selfhelp-courtresources.htm.
1 General Information When the parties have signed the agreement, you can
present it to the court on the day of the hearing, but it is
best if you can file it at least five days before that date,
so the judge doesn't have to read your file multiple
times.
Remember, the agreement is not an order until
it is signed by a judge.
Read California Rules of Court, rules 5.92
through 5.95, for the procedures to reschedule a
hearing.
Read rules 5.151 through 5.169 for the
procedures to notify and serve the other party
with a request to reschedule.
You can find these rules at any courthouse or
county law library or online at www.
courts.ca.gov/rules.
Most courts have local procedures and forms for
rescheduling a hearing but will accept form FL-306 or
your agreement to reschedule the hearing.
Form FL-306 may also be used to reschedule a hearing
to be able to meet with a child custody mediator or
recommending counselor before the hearing.
If this situation applies to you, ask your mediator or
child custody recommending counselor for information.
Was not served on the other parties; or
Was served, but there is a good reason why the
hearing should be changed to a new date. See
for other requirements.
Does not include temporary emergency (ex parte)
orders;
How to Reschedule a Hearing in Family CourtFL-304-INFO
6
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www.lawhelpca.org.
New July 1, 2020
Do not use form FL-307 to ask to change the date
of a domestic violence restraining order hearing.
For more information, read How to Ask for a
New Hearing Date (form DV-115-INFO).
What if I need to reschedule a
hearing because the Request for Order
or an order to show cause was not
served on the other party?
5
Another option is to appear in court on the date of
the hearing and ask the court to reschedule the
hearing. In this case, the party is not required to
file a written request but must complete and
submit a proposed order to the court. Order on
Request to Reschedule Hearing (form FL-309)
must be used for this purpose.
You should complete and file with the court a
written request to reschedule the hearing and a
proposed order at least five court days before the
hearing, unless you have a very good reason to
submit them later.
FL-304-INFO, Page 2 of 3
Notify and serve the other party.
The other party must be given notice of the request
to reschedule the hearing and given a copy of the
documents at the first reasonable opportunity
before the court can consider the request. You may
also include a blank Responsive Declaration to
Request to Reschedule Hearing (form FL-310).
information. Most courts have local procedures
and forms for recheduling, but will accept form
FL-307 or your agreement to reschedule the
hearing.
What if I need to reschedule the hearing
for a good reason after the Request for
Order or an order to show cause was
served?
6
Complete a written request and a proposed order.
You may use form FL-306 or FL-307, whichever
form applies to your case, and must use Order on
Request to Reschedule Hearing (form FL-309).
Follow your court’s local rules.
To get a date for the court to consider your request
to reschedule the hearing, find your court’s local
rules online at
www.courts.ca.gov/3027.htm and
follow them.
When to use Request to Reschedule
Hearing Involving Temporary
Emergency (Ex Parte) Orders (form
FL-307)
4
You may use form FL-307 to ask to reschedule
the hearing if the request for order or order to
show cause you want to reschedule:
Form FL-307 may also be used to reschedule a
hearing to be able to meet with a child custody
mediator or recommending counselor before the
hearing.
If this situation applies to you, ask your mediator
or child custody recommending counselor for
Submit the written request and order to the court.
Was not served on the other parties.
Was served but there is a good reason why the
hearing should be changed to a new date. See
for other requirements.
Includes temporary emergency (ex parte) orders.
Some courts will set a court hearing for the
judge to consider the request to reschedule.
Other courts do not have a hearing, but will make
an order based on the papers submitted to the court
clerk. Before you complete any forms, it is
important that you know how your court handles
requests to reschedule a hearing.
You should complete and file with the court a
written request to reschedule the hearing and a
proposed order at least five court days before the
hearing, unless you have a very good reason to
submit them later.
Includes property restraint orders and you are the
responding party.
How to Reschedule a Hearing in Family CourtFL-304-INFO
6
How to Reschedule a Hearing
in Family Court
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When you submit the request and order,
you must also submit to the court proof that
the party was notified and served with the
documents. You may use Declaration Regarding
Notice and Service of Request for Temporary
Emergency (Ex Parte) Orders (form FL-303), a
local court form, or a declaration that contains the
same information as form FL-303.
An Order on Request to Reschedule Hearing (form FL-309);
What do I do after the court makes the
order?
7
You must have the other party served with the order
and other documents. For example:
A filed Request for Order (form FL-300) or other
moving papers;
Any temporary emergency (ex parte) orders; and
Other papers that the court requires you to serve.
Prepare for your hearing. Find more information
online at
www.courts.ca.gov/1094.htm.
How to Reschedule a Hearing in Family CourtFL-304-INFO
New July 1, 2020 FL-304-INFO, Page 3 of 3
Follow your court’s procedure for obtaining the
court order on your written request.
Another option is to appear in court on the date of the
hearing and ask the court to reschedule the hearing. In
this case, the party is not required to file a written
request but must complete and submit a proposed
order to the court. Order on Request to Reschedule
Hearing (form FL-309) must be used for this purpose.
Make an oral request on the date of the hearing.
If for some reason, you do not receive a
response to your request to reschedule from the
court before the hearing, you should still attend the
hearing, or the court may make a decision without you.
How to Reschedule a Hearing
in Family Court
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Retrieval chunks
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#1
Form ID: FL-304-INFO Title: How to Reschedule a Hearing in Family Court Effective Date: 2020-07-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-304-INFO Primary Download URL: https://www.courts.ca.gov/documents/fl304info.pdf Alternate Download URLs: https://www.cou…
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#2
domestic violence restraining order hearing. For more information, read How to Ask for a New Hearing Date (form DV-115-INFO ). Some courts may limit the number of times the parties can agree to rescheduling a hearing. Check your local court rules before submitting your written agreement. For information about h…
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#3
} } } } www.lawhelpca.org. New July 1, 2020 Do not use form FL-307 to ask to change the date of a domestic violence restraining order hearing. For more information, read How to Ask for a New Hearing Date (form DV-115-INFO). What if I need to reschedule a hearing because the Request for Order or an order to…
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#4
Was not served on the other parties. Was served but there is a good reason why the hearing should be changed to a new date. See for other requirements. Includes temporary emergency (ex parte) orders. Some courts will set a court hearing for the judge to consider the request to reschedule. Other courts do not ha…
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#5
hearing, or the court may make a decision without you. How to Reschedule a Hearing in Family Court } } } } } }