The FL-303 form is a legal document used in California courts to declare notice and service of requests for temporary emergency orders, also known as ex parte orders. This form is essential for parties involved in family law cases who need to request immediate court intervention without the standard notice period. To complete the process, please fill out the form by clicking the button below.
The FL-303 form is a crucial document used in California's family law proceedings, specifically when requesting temporary emergency (ex parte) orders. It serves as a declaration regarding notice and service of requests, ensuring that all parties involved are informed about the emergency hearing and the nature of the orders being sought. The form requires the individual to specify their relationship to the case, whether they are an attorney, petitioner, or another party. Additionally, it outlines the necessity of providing notice to the other party, including details on how and when notice was given, or justifications for not providing notice. This form is not intended for domestic violence restraining orders, and it is essential to adhere to local court procedures when completing it. By filling out the FL-303, individuals can help facilitate the court's understanding of the urgency of their situation, thereby enabling a timely response to their requests for temporary orders.
FL-303
PARTY WITHOUT ATTORNEY OR ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
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
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST
CASE NUMBER:
FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS
NOTICE: Do not use this form to ask for domestic violence restraining orders. Before completing this form, read your court's local procedures for requesting temporary emergency orders and obtaining the information needed to complete item 2 of this form. Courts may grant temporary emergency orders with or without an emergency hearing. Find local rules at courts.ca.gov/3027.htm.
1.I am (specify)
attorney for
petitioner
respondent
other parent/party
not a party in the case (name and title/relationship to party):
2. I
did
did not
give notice (select all that apply)
that there will be an emergency court hearing
that papers will be submitted to the court on the request
for temporary emergency (ex parte) orders
to reschedule a hearing
to reschedule a hearing involving temporary emergency (ex parte) orders
on the date, time, and location indicated below:
Date:
Address of court:
Time:
same as noted above
Dept.:
other (specify):
Room:
3.NOTICE (If you gave notice, complete item 3a. If you did not give notice, complete item 3b or 3c.)
a.
I gave notice as described in items (1) through (5) below:
(1)I gave notice to (select all that apply)
petitioner.
petitioner's attorney.
respondent.
respondent's attorney.
other parent/party.
other parent's/party's attorney.
child's attorney.
a.m.
p.m.
(2) I gave notice on (date):
at:
personally
at (location):
, California.
by telephone
using telephone no.:
by fax
using fax no.:
by voicemail
using voicemail no.:
by electronic means (if permitted) (specify electronic service address of person):
by overnight mail or other overnight carrier (specify address of delivery):
(3) I gave notice (select one)
by 10 a.m. the court day before this emergency hearing.
after 10 a.m. the court day before this emergency hearing because of the following exceptional circumstances (specify):
Page 1 of 2
Form Approved for Optional Use
Family Law, §§ 2045, 3062–3064,
Judicial Council of California
4620, 7710
FL-303 [Rev. July 1, 2020]
Cal. Rules of Court, rules 5.151–5.169
www.courts.ca.gov
RESPONDENT: OTHER PARENT/PARTY:
(4) I notified the person in 3a(1) that the following temporary emergency orders are being requested (specify):
b.
(5)
The person in 3a(1) responded as follows:
Attachment 3a(5)
(6)
I
do
do not believe that the person in 3a(1) will oppose the request for temporary emergency orders.
Request for waiver of notice. Due to exceptional circumstances, I did not give notice about the request for temporary
emergency orders. I ask that the court waive notice to the other party to help prevent (specify)
(1)
immediate danger or irreparable harm to myself (or my client) or to the children in the case.
(2)
an immediate risk that the children in the case will be removed from the state of California.
(3)
immediate loss or damage to property subject to disposition in the case.
(4)
other exceptional circumstances (specify):
Facts showing exceptional circumstances in support of the request to waive notice include (specify):
Attachment 3b
c.
Unable to provide notice. I did not give notice about the request for temporary emergency orders. I used my best efforts
to tell the opposing party when and where this hearing would take place but was unable to do so. The efforts I made to
inform the other person were (specify below):
Attachment 3c
4.
SERVICE OF DOCUMENTS
a. The following documents were served on
petitioner's attorney
other parent's/party's attorney
respondent's attorney
child's attorney
before the request was filed with the court:
A copy of Request for Order (form FL-300) for temporary emergency orders, and Temporary Emergency (Ex Parte)
Orders (form FL-305).
A copy of a request to reschedule hearing and Order on Request to Reschedule Hearing (form FL-309). Form FL-306
may be used for the request.
A copy of a request to reschedule hearing involving temporary emergency (ex parte) orders and Order on Request
to Reschedule Hearing (form FL-309). Form FL-307 may be used for the request.
Other documents (specify):
b. Documents were served on (date):
by fax on
by electronic means (if permitted) (specify electronic service address of person served): by overnight mail or other overnight carrier (specify address of delivery):
c.Documents were not served on the opposing party due to the exceptional circumstances specified in
3b, above.
3c, above.
Attachment 4c.
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)
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After completing the FL-303 form, you will need to submit it to the appropriate court. Ensure that you have followed all local rules and procedures for filing. This form is crucial for requesting temporary emergency orders, and accuracy is important.
The FL-303 form is a declaration used in California family law cases. It is specifically for individuals requesting temporary emergency (ex parte) orders. This form helps the court understand the notice given to other parties regarding the emergency hearing.
This form is intended for attorneys or parties involved in family law matters who are seeking temporary emergency orders. It is essential for anyone representing themselves or others in court to complete this form accurately.
The form requires details such as:
Providing notice is crucial because it informs other parties about the emergency hearing. The court needs to know whether notice was given and how, to ensure fairness in the legal process.
Yes, you can request a waiver of notice due to exceptional circumstances. You must explain why notice could not be given and how it relates to immediate danger or other urgent situations.
If you cannot provide notice, you must detail your efforts to inform the other party. This includes explaining the steps you took and the reasons why notice was not possible.
The completed FL-303 form should be filed with the court where the case is being heard. Ensure that all required fields are filled out and that you have signed the declaration under penalty of perjury.
Once submitted, the court will review your request for temporary emergency orders. A hearing may be scheduled, or the court may issue orders based on the information provided in the form.
When completing the FL-303 form, individuals often make several common mistakes that can lead to delays or complications in their case. One frequent error is failing to provide accurate contact information. It is essential to fill in the telephone number, fax number, and email address correctly. Inaccurate details can hinder communication with the court and other parties involved.
Another mistake involves the selection of the appropriate party type. The form requires the individual to specify whether they are the petitioner, respondent, or another party. Misidentifying oneself can create confusion and complicate the legal process. Therefore, it is crucial to ensure that the correct designation is selected.
Many individuals neglect to provide adequate notice as required by the form. The instructions clearly outline that notice must be given to relevant parties regarding the emergency hearing. Failing to complete this section properly can result in the court denying the request for temporary emergency orders.
Additionally, some individuals do not specify the exceptional circumstances when they claim they could not give notice. The form allows for a waiver of notice under specific conditions, but it requires a clear explanation of why notice was not provided. Omitting this information may lead to the court rejecting the request.
Another common error is incomplete documentation. The form specifies that certain documents must be served on the opposing party before filing. Individuals often forget to check off all necessary documents or fail to provide details about when and how service was completed, which can result in delays.
Inaccurate timing is also a frequent issue. The form asks for the date and time when notice was given. If this information is incorrect or incomplete, it may lead to challenges regarding the validity of the notice. Ensure that all time-related entries are accurate and reflect the actual events.
Finally, individuals sometimes overlook the requirement to sign and date the form. A missing signature can render the document invalid. It is important to review the form thoroughly before submission to ensure that all required fields are completed, including the signature and date.
The FL-303 form is used in California family law cases to declare notice regarding requests for temporary emergency orders. Several other forms and documents are often utilized alongside the FL-303 to ensure proper procedure and compliance with court requirements. Below is a list of these related documents.
These documents work together to facilitate the legal process surrounding temporary emergency orders in family law cases. Proper use of each form is essential for compliance with court procedures and to ensure that all parties are adequately informed.
The FL-303 form is a document used in family law cases in California, specifically for requesting temporary emergency orders. Several other forms serve similar purposes or functions within the legal process. Below is a list of documents that are comparable to the FL-303 form, along with explanations of their similarities.
Each of these documents plays a crucial role in the family law process, ensuring that parties are informed and that the court has the necessary information to make timely decisions.
When filling out the FL-303 form, it’s essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:
Following these guidelines will help ensure that your submission is processed smoothly. If you have questions, consider reaching out to court staff for assistance.
Here are five common misconceptions about the FL-303 form:
When filling out and using the FL-303 form, it is important to keep several key points in mind. This form is used in California for requesting temporary emergency (ex parte) orders. Here are some essential takeaways:
By following these guidelines, you can navigate the process of filling out and using the FL-303 form more effectively. It is essential to approach this matter with care to protect your interests and those of any involved parties.