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The FL-319 form is an essential tool in family law proceedings, specifically designed to facilitate the request for attorney's fees and costs in legal cases. Individuals facing financial hardships often find themselves in a challenging position when it comes to hiring legal representation. This form serves as a formal request to the court, allowing a party to seek an order requiring another party—whether a petitioner, respondent, or other involved parties—to cover attorney's fees and associated costs. Key elements of the FL-319 form include the reasons behind the request, such as the financial disparity between parties and the necessity of adequate legal support. It also outlines the specific amounts sought for both fees and costs, which can encompass immediate and ongoing expenses related to legal representation. The form requires the submission of supporting documentation, including a current income and expense declaration, as well as a personal declaration that justifies the need for such fees. Providing detailed information about the attorney's rates and the complexities of the case is vital for the court’s review. The structured nature of the FL-319 form aids individuals in articulating their circumstances clearly, ensuring that their request for financial assistance in legal matters is heard and fairly assessed.

Fl 319 Example

FL-319

—PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT: OTHER PARTY:

CASE NUMBER:

REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT

1. I am completing this form because:

a.I need to have enough money for attorney's fees and costs to present my case adequately;

I am receiving free legal services from an attorney at a nonprofit legal services agency or a volunteer attorney.

b.I have less money or limited access to funds to retain or maintain an attorney compared to the party that I am requesting pay for my attorney's fees and costs; and

c.the party that I want the court to order to pay for my attorney's fees and costs has or is reasonably likely to have the ability to pay for attorney's fees and costs for me and himself or herself.

2.

I am asking the court to order that (check all that apply):

 

petitioner/plaintiff

 

 

respondent/defendant

 

 

 

 

other party (specify):

 

pay for my attorney's fees and costs in this legal proceeding as follows:

 

 

 

 

 

 

a.

 

 

 

Fees:

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

Costs:

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.

The requested amount includes (check all that apply):

 

 

 

 

 

 

a.

 

 

 

a fee in the amount of: $

to hire an attorney in a timely manner

before the proceedings in the matter go

 

 

 

 

 

 

 

 

 

 

forward.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

 

attorney's fees and costs incurred from the beginning of representation until now in the amount of: $

 

c.

 

 

 

estimated attorney's fees and costs in the amount of: $

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

 

attorney's fees and costs for limited scope representation in the amount of: $

 

 

 

 

4.Have attorney's fees and costs been ordered in this case before?

a. No.

b.

 

Yes. If so, describe the order:

 

 

 

 

(1) The

 

petitioner/plaintiff

 

respondent/defendant

 

 

 

 

 

 

for attorney's fees and costs.

 

 

(a)This order was made on (date):

(b)From the payment sources of (if known):

other party must pay: $

(c)The payments have been made since the date of the order.

(2)

 

Additional information (specify):

have not been made

have been made in part

5.Along with this Request form, you must complete, file and serve:

a.A current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 within the past three months and no facts have changed since the time of completion; and

 

 

Page 1 of 2

Form Approved for Optional Use

REQUEST FOR ATTORNEY'S FEES AND

Family Code, §§ 270, 2030, 2032, 3121, 3557,

Judicial Council of California

7605; Cal. Rules of Court, rules 5.425, 5.93

COSTS ATTACHMENT

FL-319 [New January 1, 2012]

www.courts.ca.gov

(Family Law)

FL-319

—PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT: OTHER PARTY:

CASE NUMBER:

5.b. A personal declaration in support of your request for attorney's fees and costs that explains why you need an award of attorney's fees and costs (either Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158).

6.The party requesting attorney's fees and costs must provide the court with sufficient information about the following factors:

a.The attorney's hourly billing rate;

b.The nature of the litigation, its difficulty, and the skill required and employed in handling the litigation;

c.Fees and costs incurred until now; anticipated attorney's fees and costs; and why the fees and costs are just, necessary, and reasonable;

d.The attorney's experience in the particular type of work demanded; and

e.If it is a limited scope fee arrangement, the scope of representation.

Notice to Responding Party

7.To respond to this request, you must complete, file, and serve:

a.A Responsive Declaration (form FL-320);

b.A current Income and Expense Declaration (form FL-150). It is considered current if you have completed form FL-150 within the past three months and no facts have changes since the time of completion; and

c.A personal declaration explaining why the court should grant or deny the request for attorney's fees and costs (either Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in form FL-158).

8.Number of pages attached to this Request form:

I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and any attachments is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

FL-319 [New January 1, 2012]

REQUEST FOR ATTORNEY'S FEES AND COSTS ATTACHMENT

Page 2 of 2

(Family Law)

Get Fl 319 PDF Form

Form Characteristics

Fact Name Description
Form Title FL-319 is titled "Request for Attorney's Fees and Costs Attachment." It is used in legal proceedings to request financial assistance for legal representation.
Purpose This form helps individuals establish their need for attorney's fees and other legal costs in family law cases. It addresses the financial disparity between parties.
Governing Laws The use of FL-319 is governed by the California Family Code, particularly sections 270, 2030, 2032, 3121, and 3557.
Required Attachments To effectively submit FL-319, a current Income and Expense Declaration (form FL-150) and a personal declaration supporting the request are required.
Responding Party's Obligations The responding party must file a Responsive Declaration (form FL-320) and also submit a current Income and Expense Declaration (form FL-150) in response.
Filing Process The completed form must be filed with the court and served to the relevant parties involved in the case, ensuring everyone has access to the request.

Guidelines on Utilizing Fl 319

Completing the FL-319 form is an important step for individuals seeking attorney's fees and costs related to legal proceedings. Following the appropriate steps will help ensure that you provide the necessary information for the court to evaluate your request. Below are detailed instructions on how to fill out this form.

  1. Begin by identifying the Petitioner/Plaintiff, Respondent/Defendant, and any Other Party involved in the case. Fill in the corresponding sections with names and other required details.
  2. Enter the Case Number in the designated space on the form.
  3. In Section 1, explain why you need attorney's fees and costs. Check all boxes that apply, providing details as necessary to demonstrate your financial need.
  4. Section 2 requests information on who you are asking the court to order to pay your attorney's fees and costs. Check all applicable boxes that identify the party or parties.
  5. In Section 3, detail the amount you are requesting. Provide a specific figure for any fees and costs you are claiming, checking all relevant boxes to justify your request.
  6. If attorney's fees and costs have been previously ordered in your case, respond to Section 4 appropriately. Indicate whether there has been a previous order and describe the details of that order, including the amount and payment status.
  7. Complete the required attachments mentioned in Section 5. You must file the Income and Expense Declaration (form FL-150) and either the Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a comparable declaration.
  8. Section 6 calls for you to provide the court with information about several factors related to your attorney's fees. Compile these details to demonstrate the necessity and reasonableness of your request.
  9. After filling out all sections, review the form to ensure accuracy. Indicate the number of pages attached to your request in Section 8.
  10. Finally, sign and date the form, certifying that the information provided is true and correct.

Once the form is complete, it must be filed with the court and served to the relevant parties as required by the court rules. This process helps ensure that all involved understand your request and can respond appropriately. Accurate completion of each form allows the court to achieve a fair outcome.

What You Should Know About This Form

What is the FL-319 form?

The FL-319 form is a legal document used in California family law cases. It serves as a request for the court to order one party to pay for the attorney's fees and costs incurred by another party. This form is particularly useful for individuals who may not have sufficient funds to cover their legal expenses and require assistance to present their case effectively.

Who should complete the FL-319 form?

The FL-319 form is typically completed by the party seeking legal fees, known as the petitioner or plaintiff. It may also apply to a respondent or defendant in certain circumstances. Those who feel that they lack adequate financial resources to hire or maintain an attorney should consider filling out this form. It is important to demonstrate the financial need and the ability of the other party to contribute to these costs.

What information is needed to fill out the FL-319 form?

When completing the FL-319 form, specific details must be provided. This includes identifying the parties involved in the case, stating the amount of attorney's fees and costs requested, and explaining why these funds are necessary. Additionally, a current Income and Expense Declaration (FL-150) and a personal declaration detailing the reasons for the request must be included.

What do I do if I need to respond to a FL-319 request?

If you receive a FL-319 request, it is essential to respond appropriately. You will need to complete and file a Responsive Declaration (FL-320), a current Income and Expense Declaration (FL-150), and a personal declaration explaining why the court should grant or deny the request. All documents should be filed within the time frame set by the court to ensure compliance.

Are there any prerequisites before filing the FL-319 form?

Before filing the FL-319 form, the requester must gather sufficient evidence to justify the need for attorney's fees and costs. This includes specifying the attorney's hourly rate, detailing the nature and difficulty of the case, and showing previous fees incurred. If applicable, the form must also clarify if there has been a prior order concerning attorney's fees in the case.

What happens after the FL-319 form is submitted?

After submitting the FL-319 form, the court will review the request and the accompanying documents. A hearing may then be scheduled, allowing both parties to present their arguments regarding the request for attorney’s fees and costs. The court will subsequently make a determination based on the provided evidence and legal standards.

Can anyone request attorney's fees using this form?

Not everyone can utilize the FL-319 form. The requesting party must demonstrate financial need and must show that the other party has the capability to pay. Without establishing these factors, the request may not be granted. The court generally aims to ensure fair access to legal representation, especially in family law situations.

What is included in the request amount on the FL-319 form?

The request amount on the FL-319 form may include various components. These can encompass fees for hiring an attorney, costs incurred to date, estimated future fees, and any attorney’s fees related to limited scope representation. Clear itemization helps the court understand the request better.

Is there a limit to how much I can request on the FL-319 form?

There is no set limit on the amount that can be requested on the FL-319 form. However, the amount must be justifiable based on the services provided, the nature of the legal work, and what is deemed reasonable by the court. It’s essential to provide detailed accounts and rationales for the requested fees.

Do I need to provide any additional documents alongside the FL-319 form?

Yes, accompanying documents are necessary when submitting the FL-319 form. These include the Income and Expense Declaration (FL-150) and a personal declaration detailing the reasons for the request. Without these supporting documents, the request may lack the necessary foundation for the court to make a decision.

Common mistakes

Completing the FL-319 form can be crucial when requesting attorney's fees and costs. However, several common mistakes can hinder the process. Understanding these pitfalls can help you submit an accurate and effective request.

One frequent error is failing to provide complete information about your financial situation. It's essential to include accurate details about your income and expenses. Omitting this information may lead the court to question the validity of your request. Ensuring that your Income and Expense Declaration (form FL-150) is current is also vital.

Many individuals overlook the necessity of attaching a personal declaration. This statement should clearly explain why you're seeking an award of attorney's fees and costs. Skipping this step can leave the court without the context needed to make an informed decision, ultimately impacting the outcome of your request.

Another mistake involves the amounts requested for fees and costs. Be precise when documenting the fees you are requesting. Rounding numbers or providing vague estimates can create confusion and diminish your credibility. Specificity conveys that you have a clear understanding of your financial needs.

Incomplete checkboxes are another common oversight. The form has several sections where you can specify what you're asking for. Failing to check all applicable boxes can result in a request that appears half-hearted or unsubstantiated. Each checked box should correspond with a detailed explanation for clarity.

Many individuals forget to mention any previous orders regarding attorney's fees in the current case. If such orders exist, providing this information is crucial. Ignoring this aspect might lead the court to question your honesty or diligence.

It’s important to remember that estimations for future fees must be realistic. Providing excessively high projections can undermine your request, so focus on reasonable expectations based on past experiences. Courts are more likely to approve amounts that align with established billing rates and documented needs.

Some applicants neglect the requirement for the responding party to provide a complete response. Be mindful that the process involves collaboration. Make sure the necessary forms are available and prepared promptly for the opposing party to consider.

Lastly, always double-check your signatures and declarations. If any part of the form is unsigned or incorrectly signed, it may lead to delays. Take the time needed to ensure every detail is accurate before submission.

By being aware of these potential mistakes, you can improve your chances of successfully securing the attorney's fees and costs you need for your legal proceedings.

Documents used along the form

When filing a request for attorney's fees and costs using the FL-319 form, several other documents are often necessary to support your case. These additional forms help provide the court with a clearer understanding of your financial situation and your request. Below is a brief overview of four key forms that are commonly used alongside the FL-319.

  • Income and Expense Declaration (Form FL-150): This form provides an overview of your current income, expenses, and financial resources. Completing this declaration is vital, as it demonstrates to the court your need for financial assistance with attorney's fees.
  • Responsive Declaration (Form FL-320): If you are the party responding to a request for attorney's fees, you will need this form. It allows you to present your arguments against the request and includes your own income and expense information, helping to balance the financial picture.
  • Supporting Declaration for Attorney's Fees and Costs Attachment (Form FL-158): This document offers a platform to explain in detail why you believe attorney's fees and costs should be awarded. You can outline factors such as your financial situation, the complexity of your case, and the legal services required.
  • Declaration of Supportive Evidence: While not a specific form, you may include additional evidence or documented support stating why attorney's fees and costs are justified. This can enhance your argument and provide the court with concrete examples of your financial situation or the challenges of your case.

In summary, gathering all related documents is essential for presenting a well-rounded request for attorney's fees and costs. Clear, comprehensive documentation will assist the court in understanding your circumstances and ensuring a fair evaluation of your needs. Always ensure that the information provided is complete and accurate to avoid delays in your case.

Similar forms

  • Form FL-150 — Income and Expense Declaration: This document is crucial for providing the court with a detailed account of an individual’s financial situation. Similar to FL-319, it requires individuals to disclose their income, expenses, and assets to determine the need for attorney's fees.

  • Form FL-320 — Responsive Declaration: This form allows the other party to respond to requests made in FL-319. Both forms aim to facilitate communication regarding the financial responsibilities related to legal fees, ensuring the court has a comprehensive view of the situation.

  • Form FL-158 — Supporting Declaration for Attorney's Fees and Costs: This document serves as an additional declaration to support the request for attorney's fees. Similar to FL-319, it outlines the reasons and justifications for the fees requested and elaborates on financial need.

  • Form FL-310 — Request for Order: This form is used to request orders from the court regarding various family law matters. Like FL-319, it often involves the financial aspects of legal proceedings, including the justification for attorney's fees, thus paralleling the objectives of both documents.

Dos and Don'ts

When filling out the FL 319 form, attention to detail is crucial. Here are nine things to consider, including what to do and what to avoid.

  • Do read the instructions carefully before beginning the form.
  • Don't forget to double-check all entered amounts for accuracy.
  • Do ensure that all relevant parties are correctly identified in the appropriate spaces.
  • Don't leave any sections blank; complete every part that applies to your situation.
  • Do attach the necessary documents, such as the current Income and Expense Declaration (form FL-150).
  • Don't assume previously submitted financial information is still valid; update it if needed.
  • Do provide a clear and concise personal declaration explaining your need for attorney's fees and costs.
  • Don't use vague language when describing your financial situation; specific details help support your case.
  • Do sign and date the form before submitting it to the court.

Misconceptions

Here are eight common misconceptions about the FL-319 form, which is used for requesting attorney's fees and costs in family law cases.

  • It is only for low-income individuals. While many who use the FL-319 may have limited funds, the form can be utilized by anyone who believes another party should pay for their attorney's fees, regardless of their overall financial status.
  • Filing the FL-319 guarantees payment. The form is a request, not a guarantee. The court will evaluate the request and determine if it meets the necessary criteria before making a decision.
  • You do not need to provide documentation. Supporting evidence is crucial. You must supply a current Income and Expense Declaration and a personal declaration outlining your financial need and why the attorney's fees are justified.
  • You can file it anytime, without restrictions. Timing matters. Make sure to submit the FL-319 as part of your proceedings or in response to a specific legal action, as it may be time-sensitive.
  • Only one party can request fees. Both parties can seek attorney's fees. If you’re the respondent, you can also use the FL-320 form to respond to a request made against you.
  • The amount requested is fixed. You can request fees for various stages of legal representation. This includes fees incurred up to now, estimated future costs, and fees related to limited scope representation.
  • You cannot contest a fee request once filed. The responding party has the right to contest the request. By filing a Responsive Declaration, they can provide reasons the court should deny or reduce the requested amount.
  • All attorney's fees are automatically considered reasonable. The court assesses the reasonableness of the fees based on several factors, including the attorney's experience and the complexity of the case. Just because fees are requested does not mean they will be approved.

Key takeaways

Filing and using the FL-319 form effectively is essential for those seeking attorney's fees and costs in legal proceedings. Here are ten key takeaways:

  • Complete the form only if you need financial assistance for attorney fees and costs.
  • Your request must demonstrate that you have limited funds comparative to the other party.
  • Specify which party you are requesting to pay your fees: petitioner/plaintiff, respondent/defendant, or another party.
  • Clearly list the total amount you are requesting for both fees and costs.
  • Include details about fees for hiring an attorney in a timely manner prior to proceedings.
  • Provide documentation that outlines previous orders related to attorney’s fees, if applicable.
  • File a current Income and Expense Declaration (form FL-150) within three months of your request.
  • A personal declaration must accompany the request to explain your need for financial assistance.
  • Responding parties have their own requirements, including filing a Responsive Declaration (form FL-320).
  • All information provided must be accurate; you will declare its truthfulness under penalty of perjury.

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