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The FL-310 form is a critical document within California's family law system, serving as a responsive declaration to requests for rescheduling court hearings related to family legal matters. Those involved in family court proceedings, whether petitioners or respondents, must understand the implications of this form. It requires accurate information regarding the existing hearing date, as well as the details of the party requesting the change. The form also addresses whether the request entails temporary emergency orders, ensuring that all

Fl 310 Example

FL-310

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

RESPONSIVE DECLARATION TO

REQUEST TO RESCHEDULE HEARING

FOR COURT USE ONLY

CASE NUMBER:

Notice: Read How to Reschedule a Hearing in Family Court (form FL-304-INFO) before you complete this form.

INFORMATION ABOUT THE HEARING

1.The person asking to reschedule the hearing is (name):

2.The hearing is currently set for (date):

3. The request to reschedule

 

includes

 

does not include

temporary emergency (ex parte) orders previously issued.

 

 

RESPONSE TO REQUEST TO RESCHEDULE HEARING

4.I (select a or b)

a. consent to an order to reschedule the hearing.

request that the hearing date be rescheduled as follows:

(1) After (specify date):

(2) On a date I am available, which does not include (specify dates):

(3)

Other (specify):

b.

do not consent to an order to reschedule the hearing for the following reasons (specify):

Attachment 4b

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

SIGNATURE

Page 1 of 1

Form Approved for Optional Use Judicial Council of California FL-310 [New July 1, 2020]

RESPONSIVE DECLARATION TO

REQUEST TO RESCHEDULE HEARING

(Family Law—Governmental—Uniform Parentage—Custody and Support)

Family Code, § 245 Cal. Rules of Court, rule 5.95

www.courts.ca.gov

For your protection and privacy, please press the Clear This Form button after you have printed the form.

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Form Characteristics

Fact Name Description
Form Purpose The FL-310 form is used in family law cases in California to request a rescheduling of a hearing.
Governing Law This form is governed by California Family Code, § 245 and Cal. Rules of Court, rule 5.95.
Parties Involved It requires information from the petitioner/plaintiff and respondent/defendant, including consent or reasons for objection.
Submission Requirements Before completing this form, users must read the instructions provided in how to reschedule a hearing (form FL-304-INFO).
Confidentiality The form emphasizes the importance of privacy; it encourages users to clear personal information after printing.

Guidelines on Utilizing Fl 310

The FL-310 form is essential when requesting to reschedule a court hearing in family law. Completing this document accurately helps ensure that the court understands your needs. Follow the steps below to fill out the form correctly and clearly.

  1. Gather necessary information before you start. You will need names, addresses, telephone numbers, and relevant dates.
  2. At the top, check if you are filling out the form as an attorney or a party without an attorney.
  3. Enter your name, firm name (if applicable), and contact details, including address, city, state, zip code, telephone number, fax number, and email address. Include the name of the person you represent.
  4. Fill in the Superior Court information, including street address, mailing address, city, zip code, and branch name.
  5. Identify the parties involved: write the names of the petitioner/plaintiff, respondent/defendant, and other parent/party.
  6. In the section labeled INFORMATION ABOUT THE HEARING, provide the name of the person requesting the rescheduling and the existing hearing date.
  7. Indicate whether your request includes temporary emergency orders by checking the appropriate box.
  8. For the RESPONSE TO REQUEST TO RESCHEDULE HEARING, select option a or b. If selecting a, provide the new proposed dates. If choosing b, detail the reasons for not consenting.
  9. Sign and date the form at the bottom, ensuring that it is typed or printed clearly.

Once you have completed the FL-310 form, it is crucial to follow the filing procedures specific to your local court. Ensure all necessary disclosures are made and be aware of any deadlines. After filing, monitor your case for any updates or responses from the court or other parties involved.

What You Should Know About This Form

What is the FL-310 form used for?

The FL-310 form serves as a responsive declaration to a request to reschedule a court hearing in family law cases. It allows a party involved in the case to formally express whether they consent to the proposed reschedule or to provide reasons for their objection if they do not consent. Essentially, it keeps the court informed about the parties' positions and requests regarding the hearing date.

Who needs to fill out the FL-310 form?

What information do I need to have before completing the FL-310 form?

Before diving into the completion of the FL-310 form, gather the following details: the name of the person asking to reschedule the hearing, the original date of the hearing, and any previous temporary emergency orders related to the hearing. Additionally, you'll need to specify your availability if you are consenting to the new date or provide clear reasons if you do not consent.

How do I declare consent or objection in the FL-310 form?

On the form, you will select either option 'a' for consent or option 'b' for objection. If you consent, you can propose alternative dates or specify your availability. Conversely, if you do not consent, you need to detail your reasons in the provided space. It’s important to be clear and precise to aid the court in understanding your position.

What should I do after completing the FL-310 form?

After you’ve completed the FL-310 form, make sure to sign and date it—this is mandatory for your declaration to be valid. Subsequently, you should file it with the court and serve a copy to all involved parties in the family law case. Keeping records of all documents submitted is also advisable for your protection.

Is there anything I need to know about confidentiality when using the FL-310 form?

Yes, confidentiality and privacy are paramount when dealing with family court documents. The FL-310 form has a note advising users to clear their information from the form after printing it. This provides an added layer of protection for sensitive personal information, ensuring that it doesn’t fall into the wrong hands.

Common mistakes

Filling out the FL-310 form can be a straightforward task, but many individuals make common mistakes that can lead to complications in their hearings. One frequent error is overlooking the necessity of designating the party requesting the change. The form asks for the name of the person requesting to reschedule the hearing, yet some forget to include this critical information. Without this detail, the court may struggle to identify who is making the request, and it could delay proceedings.

Another common mistake involves the date of the current hearing. It’s essential to accurately state the scheduled hearing date. Some individuals misinterpret this as merely indicating a date for when they want to reschedule, leading to confusion and a potentially rejected form. It is important to remember that clarity is key. If the original date isn’t explicitly outlined, the court might assume the request is lacking completeness.

People sometimes fail to check the appropriate box regarding their consent to reschedule. This section gives two options: consenting or providing reasons for non-consent. In cases where the box is left unchecked, it creates uncertainty about the requester’s intentions, which can hinder the rescheduling process. Ensuring that one of the options is clearly marked can prevent this issue.

Additionally, many overlook the importance of specifying alternative dates. If a person wishes to propose a specific timeframe for the new hearing, they need to fill in the section thoughtfully. Without providing feasible dates, the request may be seen as vague, making it harder for the court to accommodate the request.

Providing the wrong contact information is another error that people often make. This includes failing to list a current phone number or email address. Should the court need to reach out for clarification, having up-to-date contact details is vital. Outdated or incorrect information could mean missing crucial communication about the rescheduling.

Another misstep occurs when individuals neglect the requirement to sign the form. While it may seem simple, forgetting to sign can cause delays. The court requires signatures as verification of the information provided. Without a signature, the form may be treated as incomplete.

Misunderstanding the section concerning emergency orders (ex parte) can also create problems. If temporary emergency orders were issued before the hearing, indicating whether these orders were or were not included in the request is crucial. Failing to clarify this can lead to administrative issues that complicate the rescheduling.

Some people provide insufficient reasons if they choose not to consent to a reschedule. This section allows individuals to express their concerns adequately. However, vague or general statements do little to persuade a judge and can ultimately weaken one’s position. Clear articulation of specific reasons can affect the outcome significantly.

Finally, neglecting to follow the guidelines outlined in the accompanying informational materials is a common pitfall. The notice clearly states that individuals should read the instructions before completing the form. Ignoring these directions can lead to mistakes, resulting in unnecessary delays in the case.

Documents used along the form

The FL-310 form, also known as the Responsive Declaration to Request to Reschedule Hearing, is used in family law cases to address requests for rescheduling hearings. Several other forms and documents often accompany the FL-310 during court proceedings. Here is a list of related forms that may be beneficial.

  • FL-304-INFO: This document assists individuals in understanding the process of rescheduling a hearing in family court. It provides essential instructions on completing related forms.
  • FL-300: This is a Request for Order form. It can be used to ask the court for specific orders related to child custody, support, or visitation decisions.
  • FL-200: The Petition form is crucial when initiating a family law case. This document outlines the issues to be addressed, including custody and support matters.
  • FL-310-INFO: Similar to FL-304-INFO, this form provides information specific to the FL-310. It outlines the steps involved and offers guidance on what to include in the declaration.
  • FL-150: This Income and Expense Declaration form is important for disclosing financial information. It helps the court understand each party's financial situation, which is essential for making support decisions.
  • FL-600: The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to address jurisdictional issues in custody cases involving multiple states.

These forms work together to facilitate clarity and transparency in family court proceedings. Familiarizing yourself with these documents can help ensure a smoother legal process.

Similar forms

The FL-310 form, known as the Responsive Declaration to Request to Reschedule Hearing, serves a specific purpose in family law matters in California. Several other documents share similar characteristics and functions. Here are five examples:

  • FL-300 - Petition for Dissolution of Marriage: This document initiates a divorce proceeding and requires the parties involved to provide essential information about the marriage. Like FL-310, it demands clarity and precise details from both parties concerning their requests.
  • FL-320 - Response to Petition for Dissolution of Marriage: This form allows the respondent to provide their view and response to the dissolution petition. It, too, requires specific information and ensures that both parties have an opportunity to express their positions.
  • FL-400 - Request for Order: This form is used to request specific orders from the court, such as temporary custody or support. Both FL-400 and FL-310 revolve around contested hearings, highlighting the need for a clear outline of requests and consent.
  • FL-210 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: This document addresses jurisdiction and custody in cases involving children. Similar to FL-310, it focuses on providing clear details regarding the parties’ positions and relevant circumstances.
  • FL-355 - Income and Expense Declaration: Required in family law cases, this form lays out the financial circumstances of the parties. Both FL-310 and FL-355 aim to support requests made in court by ensuring the necessary information is presented transparently and accurately.

Dos and Don'ts

When filling out the FL-310 form, it’s essential to take a thoughtful approach to ensure that your submission is accurate and complete. Here are some important dos and don’ts to keep in mind:

  • Do read the instructions carefully before starting. Understanding the requirements can streamline the process and prevent errors.
  • Do provide all necessary information clearly. This includes names, dates, and any other specifics requested on the form.
  • Do double-check all entries for accuracy. Small mistakes can lead to delays or complications in your hearing.
  • Do sign and date the form. An unsigned form may be considered incomplete and could be rejected.
  • Do keep a copy of the completed form for your records. This ensures you have evidence of what was submitted.
  • Don’t leave any fields blank unless instructed. All required information must be filled in to avoid delays.
  • Don’t use legal jargon or overly complex language. Clear and straightforward communication is key.
  • Don’t forget to specify your reasons if you do not consent to the rescheduling. It's essential to provide clear reasoning.
  • Don’t submit the form without ensuring you've followed all instructions provided on the form and related materials.
  • Don’t ignore the deadline. Make sure to submit the form on time to ensure your request is considered.

By adhering to these guidelines, you can navigate the process with greater confidence and clarity.

Misconceptions

Several misconceptions exist regarding the FL 310 form that can lead to confusion. The following list outlines these misconceptions and provides clarifications.

  • The FL 310 form is only for attorneys. This form can be completed by individuals representing themselves in family court, not just by attorneys.
  • The form can be submitted at any time without restrictions. Submissions must adhere to specific timelines set by the court, so it is important to review the related instructions.
  • Filing an FL 310 guarantees a rescheduled hearing. While it requests a reschedule, approval is dependent on the judge's discretion and considerations of the case.
  • You cannot request a specific new date on the form. The form allows for specifying preferred dates, offering flexibility for scheduling.
  • The FL 310 form is universal for all court types. It is specifically designed for family law matters, including requests for custody and support issues.
  • All requests will be automatically granted if consented by both parties. Even with consent, a judge must still approve the rescheduling, taking into account court availability.
  • The form eliminates the need for additional documents. Depending on the situation, other supporting documents may be necessary for your request.
  • You can ignore the instructions on how to reschedule a hearing. Reading the provided instructions is essential to ensure correct completion and submission of the form.

Awareness of these misconceptions can assist individuals in properly using the FL 310 form during court proceedings.

Key takeaways

The FL-310 form is used in family law cases within California to respond to a request to reschedule a hearing. When filling it out, there are several important points to keep in mind.

  • Understand the Purpose: The form is specifically for parties needing to reschedule a hearing, whether due to personal reasons or scheduling conflicts.
  • Check the Requirements: Before completing the form, read the instructions in How to Reschedule a Hearing in Family Court (form FL-304-INFO), as this provides essential guidance.
  • Identify the Parties: Clearly state the names of all parties involved in the case, ensuring that the information matches what is on the court records.
  • Specify Dates: When suggesting new dates, provide a few options that work for you, while also noting any dates you are unavailable.
  • Emergency Orders: Clearly indicate whether the request to reschedule includes any temporary emergency orders and how that may affect your request.
  • Consent or Objection: Be explicit about whether you consent to the rescheduling or if you object, and provide solid reasons for your objection if applicable.
  • Signature Requirement: The form must be signed and dated, affirmatively declaring that the information is accurate and true under penalty of perjury.
  • After Submission: Once the form is complete, remember to press the "Clear This Form" button after printing to protect your privacy.

Following these key takeaways can help ensure a smoother process when using the FL-310 form and effectively managing court schedules.