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The FL-306 form plays a pivotal role in the family law proceedings within the Superior Court of California, offering a structured process for parties seeking to reschedule a hearing. Specifically designed to accommodate various circumstances that may necessitate such a change, this document helps ensure legal procedures remain both accessible and flexible. Parties involved in family law cases, including issues surrounding custody and support, find the FL-306 an essential tool when unforeseen circumstances interfere with previously agreed upon hearing dates. The form requires detailed information about the case, the individuals involved, and the reasons prompting the request to reschedule, insisting on clear communication and proper notification to all parties. Additionally, the FL-306 form highlights the importance of proper service and notification, establishing guidelines to ensure that all parties are fairly and timely informed. With provisions also outlined for the submission of a proposed Order on Request to Reschedule Hearing (form FL-309), the FL-306 encompasses a comprehensive approach to managing family court schedules while respecting the needs and constraints of all involved.

Preview - Fl 306 Form

FL-306

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:

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.

Notice: Do not use this form to ask to change the date of a domestic violence restraining order hearing. For more information, read form DV-115-INFO , How to Ask for a New Hearing Date.

CASE INFORMATION

 

 

 

 

1.

Name of person asking to reschedule the hearing (specify):

 

 

a.

 

I am the party who filed the Request for Order (form FL-300), order to show cause, or other moving paper in item 2.

 

 

 

b.

 

I am the party who is responding to the Request for Order (form FL-300), order to show cause, or other moving

 

 

 

 

 

paper in item 2.

 

 

 

 

2.

I ask that the court reschedule the hearing date for the (select one)

 

a.

 

Request for Order.

 

 

 

 

 

 

 

 

 

 

 

b.

 

Order to Show Cause for

 

contempt.

 

seek work.

 

 

 

 

 

c.

 

other (specify):

 

 

 

 

 

 

 

 

 

 

3.The item in 2 was filed on (date):

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

5.The court did not issue temporary emergency (ex parte) orders with the item in 2.

REQUEST

6. I request that the hearing be rescheduled as follows:

a.

 

After (specify date):

b.

 

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

 

c.

Other (specify):

REASON FOR RESCHEDULING

7. The hearing needs to be rescheduled because (select all that apply)

a.

 

the papers were not served before the hearing date.

 

b.

 

the parties need to attend child custody mediation or child custody recommending counseling before the hearing.

 

c.

 

other good cause as stated

 

below:

 

on Attachment 7c.

 

 

 

 

 

Page 1 of 2

 

 

 

Form Approved for Optional Use

REQUEST TO RESCHEDULE HEARING

Cal. Rules of Court, rule 5.95

Judicial Council of California

www.courts.ca.gov

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

FL-306 [Rev. July 1, 2020]

 

FL-306

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

CASE NUMBER:

SPECIAL PROCEDURES MAY APPLY

The procedures in items 8 and 9 apply only if the documents in item 2 were served on the parties.

8.Unless the court determines that there are exceptional circumstances, the other parties must first be

a.notified that you are going to ask the court to reschedule the hearing; and

b.served with copies of the request to reschedule at the first reasonable opportunity.

9.You must then submit to the court a proof of the notice and service in items 8a and 8b, along with the request to reschedule. You may use Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (form FL-303) to comply with the proof of notice and service.

10.You should submit the documents in item 9 to the court no later than five court days before the hearing date set on the Request for Order (form FL-300), order to show cause, or other moving paper, unless you have a very good reason to submit them later.

PROPOSED ORDER REQUIRED

11. I have submitted a proposed Order on Request to Reschedule Hearing (form FL-309).

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

 

FL-306 [July 1, 2020]

REQUEST TO RESCHEDULE HEARING

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

Page 2 of 2

Download Fl 306 PDF Form

Form Data

Fact Number Fact Description
1 The FL-306 form is used to request the rescheduling of a hearing in family court.
2 This form is not to be used for changing the date of a domestic violence restraining order hearing.
3 The form requires the identification of the party requesting the reschedule, be they the petitioner/plaintiff, the respondent/defendant, or other parent/party.
4 Specific reasons must be provided for the request to reschedule, such as absence of service of papers or requirement of child custody mediation.
5 Appropriate notice and proof of service to other parties involved is required unless exceptional circumstances are determined by the court.
6 A proposed Order on Request to Reschedule Hearing (form FL-309) must also be submitted alongside the request.
7 The form is governed by the Cal. Rules of Court, rule 5.95, highlighting its legal authority and applicability.
8 Submission deadlines require that documents be submitted no later than five court days before the original hearing date, barring exceptional justifications.

Instructions on Utilizing Fl 306

Filling out Form FL-306 is a necessary step if you need to reschedule a hearing in family court, except in cases related to domestic violence restraining orders. This process ensures that all parties involved are informed about the new proposed date while complying with court procedures. Below are the steps to complete the form accurately. Make sure to read the accompanying Form FL-304-INFO for detailed guidelines on rescheduling hearings prior to filling out this document.

  1. Begin by entering your name or your attorney's name and bar number if you're represented, along with the firm name, street address, city, state, zip code, telephone number, fax number, and e-mail address at the top of the form.
  2. Under "ATTORNEY FOR (name):" specify who the attorney, if any, represents in the case.
  3. Fill in the details of the superior Court of California, county, street address, mailing address, city and zip code, and branch name where your case is being handled.
  4. Enter the names of the petitioner/plaintiff, respondent/defendant, and other parent/party as applicable to your case.
  5. Clearly write the case number in the space provided.
  6. Indicate your relationship to the case in the section labeled "Notice" by selecting either the party who filed the request or the responding party.
  7. Choose the type of hearing you're asking to reschedule and identify any documents related to your request, specifying the date they were filed.
  8. Enter the current hearing date and then detail your request for a new hearing date, providing specific dates or a preferred time frame if possible.
  9. Select the reason(s) why the hearing needs to be rescheduled, offering additional details as necessary in the space provided or on an attached document.
  10. If the original documents were served to other parties, indicate you've notified them of your intention to reschedule and ensure you provide the court with proof of notification and service as outlined in the form.
  11. Submit any required documents, including the proposed Order on Request to Reschedule Hearing (Form FL-309), to the court following the stated guidelines and deadlines.
  12. Complete the declaration at the bottom of the second page, verifying under penalty of perjury that the information you've provided is accurate. Print your name, sign, and date the form.

After submitting the FL-306 form alongside all required documents, ensure you follow up with the court to confirm receipt and ask any questions about the next steps in the rescheduling process. This proactive approach will help ensure the hearing is rescheduled smoothly and efficiently, respecting the needs and schedules of all parties involved.

Obtain Answers on Fl 306

  1. What is the FL-306 form used for?

    The FL-306 form is utilized within the California family court system to formally request the rescheduling of a hearing. This could be for various family law proceedings, including but not limited to requests for orders, orders to show cause for contempt, and other motions or legal papers related to family law matters. It's crucial for individuals to understand this form shouldn't be used to reschedule domestic violence restraining order hearings.

  2. When should you not use the FL-306 form?

    It is important not to use the FL-306 form when seeking to change the date of a hearing related to a domestic violence restraining order. For such cases, there is a different procedure and form (DV-115-INFO) specifically designed to address rescheduling these sensitive hearings.

  3. Who can file an FL-306 form?

    Either party involved in a family law case can file an FL-306 form. This includes the party who originally filed the request for order or other moving paper (petitioner/plaintiff) and the party responding to that request (respondent/defendant). The determination is based on who is seeking the rescheduling and the nature of their involvement in the case.

  4. What are the reasons for rescheduling a hearing with an FL-306 form?

    Common reasons for requesting a hearing reschedule with an FL-306 form include but are not limited to the inability to serve the other parties with the necessary papers before the hearing date, the need for the parties to attend child custody mediation or counseling prior to the hearing, or other good causes that necessitate a different hearing date.

  5. What steps must you follow before submitting an FL-306 form?

    Before submitting the FL-306 form to request a hearing reschedule, it is mandatory to notify the other involved parties of your intention and serve them with a copy of the request at the earliest reasonable opportunity. This ensures all parties are aware and have adequate time to prepare or respond to the rescheduling request.

  6. What documentation must accompany the FL-306 form?

    When filing an FL-306 form, you must also submit proof of the notice and service provided to the other parties regarding your request to reschedule the hearing. A Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders (form FL-303) can be used to fulfill this requirement.

  7. Is there a deadline for submitting the FL-306 form and accompanying documents?

    Yes, the FL-306 form along with the proof of notice and service should be submitted to the court no later than five court days before the currently set hearing date. However, if there is a compelling reason preventing timely submission, the court may consider later submissions on a case-by-case basis.

  8. Do you need to submit a proposed order with the FL-306 form?

    Yes, when submitting an FL-306 form, you are also required to submit a proposed order using the FL-309 form. This proposed order outlines the new hearing date requested and any other relevant details for the court's consideration.

  9. What happens if the court approves your FL-306 form request?

    If the court approves the request to reschedule a hearing submitted via the FL-306 form, the hearing will be moved to the new date specified in the proposed order. It is critical for all parties to take note of the new date and prepare accordingly for the rescheduled hearing.

  10. Where can one find more information about rescheduling hearings in California family courts?

    For more detailed information about rescheduling hearings and other family law procedures in California, individuals are encouraged to visit the Judicial Council of California's official website at www.courts.ca.gov. Additionally, consulting with a legal professional who specializes in family law can provide personalized guidance and clarification on the process.

Common mistakes

  1. One common mistake is failing to notify and serve the other party with the request to reschedule the hearing. According to the procedure outlined, the other party must be informed and served with copies of the request at the first reasonable opportunity. This step is crucial and must not be overlooked to ensure fairness and compliance with legal requirements.

  2. Another mistake involves not submitting proof of notice and service to the court along with the request to reschedule. The guidelines explicitly require submission of this proof, which typically includes a declaration or affidavit confirming that the other party was notified and served. Failure to provide this proof can result in the request being denied due to lack of compliance.

  3. People often misunderstand the timing for submitting documents to the court. The form advises submitting the request and all accompanying documents no later than five court days before the scheduled hearing date unless a very good reason for a delay exists. Late submissions can lead to missed deadlines, resulting in the hearing proceeding as originally scheduled without consideration of the request to reschedule.

  4. Another frequent error is not including a proposed Order on Request to Reschedule Hearing (form FL-309) with the filing. The requirement for a proposed order is clear, and this document is necessary for the judge to make an official decision regarding the rescheduling request. Omitting this proposed order can lead to delays in processing the request or even in its outright denial.

Documents used along the form

When navigating through family law proceedings, the FL-306 form, also known as the Request to Reschedule Hearing, plays a crucial role in managing the scheduling of court hearings. However, it often serves as just a part of a broader array of documents and forms that may need to be completed and filed in various circumstances. To fully understand and navigate the legal process effectively, one should be familiar with several other essential documents often used in conjunction with the FL-306 form.

  • FL-300 (Request for Order): This form is often the precursor to the FL-306, as it is used to request the court to make new orders or change existing orders regarding child custody, visitation, child support, spousal support, and more. The FL-306 form refers directly to the FL-300 when it mentions the need to reschedule a hearing initially requested through this form.
  • FL-303 (Declaration Regarding Notice and Service of Request for Temporary Emergency Orders): This document complements the FL-306 by providing the court with proof that other parties involved in the case were notified about the request to reschedule the hearing, as well as any emergency orders sought by the filing party.
  • FL-309 (Proposed Order on Request to Reschedule Hearing): After submitting an FL-306, this form is used to submit a proposed order detailing the new hearing date or explaining the changes to be made to the hearing schedule. It is necessary to prepare this document to finalize the process started by the FL-306 form.
  • FL-304-INFO (How to Reschedule a Hearing in Family Court): While not a form, this informational document provides essential guidance on how to properly request a hearing rescheduling in family court, complementing the instructions on the FL-306 form itself.
  • DV-115-INFO (How to Ask for a New Hearing Date): This document is relevant when the hearing involves domestic violence restraining orders. It provides specific instructions for rescheduling these types of hearings, which cannot be done with the FL-306 form.
  • FL-195 (Income Withholding for Support): In cases where support orders are part of the requested order or existing orders being rescheduled, this form may be used to arrange for automatic withholding of child or spousal support from the payer's wages.

Recognizing how these documents interact provides a clearer understanding of the procedural steps required in family law cases. Each form plays a specialized role, ensuring that parties can effectively communicate their needs and circumstances to the court. By carefully preparing and filing these forms, parties can navigate the rescheduling process and other related legal proceedings with greater ease and confidence.

Similar forms

  • FL-300 (Request for Order): The FL-306 form is similar to the FL-300 form as both are used in family law matters within the California court system. The FL-300 form is the initial request for court orders regarding child custody, visitation, support, and other family-related matters. The FL-306 form, meanwhile, is a subsequent form used to request the rescheduling of a hearing that was originally set due to an FL-300 filing or a similar motion. They are linked in the process, where the FL-306 acts as a follow-up to modify the scheduling of hearings initiated by the FL-300.

  • FL-303 (Declaration Regarding Notice and Service of Request for Temporary Emergency Orders): This form shares procedural and functional similarity with the FL-306 in the aspect of notifying other parties about certain motions or changes within family court proceedings. FL-306 mentions the use of form FL-303 to prove that notice and service for rescheduling requests were properly done. Both FL-306 and FL-303 ensure parties are fully informed of actions taken and allow the court to ensure procedural fairness by verifying notification and service.

  • FL-309 (Proposed Order on Request to Reschedule Hearing): The FL-309 form is directly related to the FL-306 as it serves as the proposed order form following a request to reschedule a hearing using FL-306. The necessity to submit a proposed order, as detailed in the FL-306 instructions, highlights the interconnectedness of the two forms, with FL-309 serving to finalize the court's decision on the rescheduling request.

  • DV-115-INFO (How to Ask for a New Hearing Date): Even though FL-306 explicitly advises not using it for changing the date of a domestic violence restraining order hearing, it bears similarity to DV-115-INFO in that both provide guidance on rescheduling court hearings. Each form addresses different circumstances under which a hearing date may need to be moved, reflecting the tailored procedures for various types of legal matters within family law.

  • FL-304-INFO (How to Reschedule a Hearing in Family Court): As the informational piece guiding the completion of the FL-306 form, FL-304-INFO directly relates to and complements the purpose of FL-306. It provides the necessary background and instructions for individuals looking to understand and navigate the process of requesting a hearing reschedule in family law cases.

  • Form DV-115 (Request to Continue Court Hearing and to Reissue Temporary Restraining Order): While FL-306 is used for a broad range of family law hearing rescheduling requests, DV-115 is specifically tailored for domestic violence cases. Both forms serve a similar purpose in seeking to adjust court hearing dates, but they are used in different contexts within family law, demonstrating the court system's adaptability to various types of cases.

Dos and Don'ts

When filling out the FL-306 form to request a rescheduling of a hearing in family court, certain steps should be meticulously followed, while others should be avoided to ensure the process goes smoothly. Below are 7 essential dos and don'ts:

  • Do carefully read through form FL-304-INFO, "How to Reschedule a Hearing in Family Court", before beginning to fill out the FL-306 form. This document provides pivotal information that will guide you through the process.
  • Do not use form FL-306 to request a new hearing date for a domestic violence restraining order. There's specific guidance provided in form DV-115-INFO for such matters.
  • Do ensure that you select the correct option in item 1 regarding your role in the case, whether you are the party who filed the Request for Order or the party responding to it.
  • Do not leave out the case information, including the initial filing date and the current hearing date set. This information is crucial for processing your request properly.
  • Do be clear and precise in stating your reasons for needing to reschedule the hearing in section 7, and if selecting "other good cause", provide a detailed explanation on Attachment 7c.
  • Do not forget to notify and serve the other parties with a copy of the request to reschedule as outlined in items 8 and 9. This step is mandatory unless deemed exceptional by the court.
  • Do submit the proposed Order on Request to Reschedule Hearing (form FL-309) along with your FL-306 form, and make sure to include the proof of notice and service to the other parties as required by the instructions.

Adhering to these guidelines will help ensure that the request to reschedule a hearing is processed without unnecessary delays, respecting the legal protocols and the rights of all parties involved.

Misconceptions

There are several common misconceptions about the FL-306 form — a form used in California to request the rescheduling of a hearing in family court. Let's address and clarify some of these misunderstandings.

  • Misconception #1: The form can be used for any hearing.

    This is not accurate. The FL-306 form specifically states that it should not be used to request a change of date for a domestic violence restraining order hearing. There are other forms and procedures for those situations, so it's important to use the correct form based on your specific need.

  • Misconception #2: You only need to fill out and submit the FL-306 form to reschedule a hearing.

    In reality, the process requires more than just filling out this form. The procedure includes notifying the other parties involved in the case that you are asking to reschedule the hearing and serving them with copies of the FL-306 form. Proof of this notice and service must then be submitted to the court along with the FL-306 form.

  • Misconception #3: There is no need to propose a new date when requesting to reschedule.

    On the contrary, when filling out the FL-306 form, you are asked to request a specific date or timeframe for the rescheduled hearing. This can include a specific date after which you are available or dates you are not available, giving the court information to help find a suitable date.

  • Misconception #4: Any reason for wanting to reschedule is acceptable.

    Although the form provides an option to specify 'other' reasons for rescheduling, not all reasons may be deemed sufficient by the court. Acceptable reasons typically include not being able to serve the papers before the hearing date, the need for the parties to attend child custody mediation, or other good cause reasons that the court will consider on a case-by-case basis.

Understanding these key points can help parties more effectively navigate the process of requesting a hearing reschedule in California's family court system, avoiding unnecessary delays or complications.

Key takeaways

Understanding how to complete and utilize the FL-306 form correctly is crucial for those involved in family court matters that require rescheduling a hearing. Below are key takeaways to assist in navigating this process efficiently:

  • The FL-306 form is specifically designed for parties looking to reschedule a hearing in family law cases, including custody and support matters.
  • Before filling out this form, it's important to read the "How to Reschedule a Hearing in Family Court" instructions provided in form FL-304-INFO to avoid common mistakes.
  • This form should not be used for rescheduling domestic violence restraining order hearings; separate instructions and forms apply for those cases, specifically DV-115-INFO.
  • When requesting a reschedule, you must clearly identify whether you are the party who originally filed the request (petitioner or plaintiff) or the party responding to it (respondent or defendant).
  • Detailed reasons for the need to reschedule must be provided in the form, such as issues with service of the documents or the requirement for parties to attend child custody mediation.
  • It's mandatory to propose a new hearing date, and you should provide specific dates when you are available or explicitly state dates that do not work for you.
  • The form requires you to follow special procedures if the request to reschedule is served on the other parties, including notifying them of the reschedule request and proving this notice to the court.
  • A proposed Order on Request to Reschedule Hearing (form FL-309) must accompany the FL-306 form when submitted to the court.
  • The form demands that all submissions, including the proof of service on the other party, be made at least five court days before the currently scheduled hearing date unless exceptional circumstances justify a delay.

Completing the FL-306 form accurately and following the stipulated procedures ensures that the request to reschedule a hearing is processed without unnecessary delays, contributing to a smoother legal process for all parties involved.

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