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The FL-303 form, officially known as the Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, is an essential document used in family law proceedings in California. This form is designed for individuals who are either parties to a case or their legal representatives seeking temporary emergency orders from the court. It requires the completion of several critical sections, including the identification of the parties involved and the specifics of the notice given regarding the emergency hearing. The form emphasizes the importance of adhering to local court procedures and outlines the necessity of notifying other parties about the hearing, unless exceptional circumstances justify a waiver of notice. It includes sections to specify how and when notice was provided, and it allows the requesting party to detail any exceptional circumstances that may have prevented notice. Additionally, the form requires a declaration under penalty of perjury, ensuring that all information provided is truthful and accurate. Understanding the FL-303 form is vital for anyone navigating the complexities of family law, particularly when immediate legal action is necessary to protect oneself or children involved in the case.

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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

 

STREET ADDRESS:

 

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.

 

 

other (specify):

 

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

DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST

Family Law, §§ 2045, 3062–3064,

Judicial Council of California

4620, 7710

FL-303 [Rev. July 1, 2020]

FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS

Cal. Rules of Court, rules 5.151–5.169

 

 

 

www.courts.ca.gov

FL-303

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

(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

 

petitioner's attorney

 

other parent/party

 

 

other parent's/party's attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

respondent

 

respondent's attorney

 

child's attorney

 

other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

before the request was filed with the court:

 

 

 

 

 

 

 

(1)

 

 

A copy of Request for Order (form FL-300) for temporary emergency orders, and Temporary Emergency (Ex Parte)

 

 

 

 

 

 

 

 

Orders (form FL-305).

 

 

 

 

 

 

 

(2)

 

 

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.

 

 

 

 

 

 

 

(3)

 

 

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.

(4)

 

 

Other documents (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. Documents were served on (date):

at:

 

 

a.m.

 

 

personally

at (location):

 

, California.

 

 

 

 

 

by fax on

using fax no.:

 

 

 

 

 

 

 

 

 

 

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:

p.m.

(TYPE OR PRINT NAME)

(SIGNATURE)

FL-303 [Rev. July 1, 2020]

DECLARATION REGARDING NOTICE AND SERVICE OF REQUEST

 

FOR TEMPORARY EMERGENCY (EX PARTE) ORDERS

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

Print this form

 

Save this form

 

 

 

 

 

 

 

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Form Specifications

Fact Name Details
Form Title FL-303 is titled "Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders."
Governing Laws This form is governed by Family Code sections 2045, 3062–3064, and California Rules of Court rules 5.151–5.169.
Purpose The form is used to declare notice regarding requests for temporary emergency orders in family law cases.
Notice Requirements It includes sections for indicating whether notice was given and to whom, as well as reasons for not providing notice if applicable.
Filing Information Parties must provide their contact information, including name, address, and phone number, along with the case number.
Emergency Hearing The court may grant temporary emergency orders with or without an emergency hearing, depending on the circumstances.
Documentation Documents served in conjunction with this form may include Request for Order (FL-300) and Temporary Emergency Orders (FL-305).

Fl 303: Usage Guidelines

Completing the FL-303 form is a crucial step in requesting temporary emergency orders in California. This form requires specific information about the parties involved, the notice provided, and the documents served. Follow these steps to ensure that you fill it out correctly.

  1. Begin by entering your details in the "Party Without Attorney or Attorney" section. Include your name, firm name (if applicable), street address, city, state, ZIP code, telephone number, fax number, and email address. If you are an attorney, also include your State Bar number.
  2. Indicate your role in the case by checking the appropriate box: "attorney for petitioner," "respondent," "other parent/party," or "not a party in the case." If you select "not a party," specify your name and title or relationship to the party.
  3. In the notice section, check whether you did or did not give notice regarding the emergency court hearing. Specify the date, time, and location of the hearing if applicable.
  4. If you gave notice, complete section 3a. List who you notified by checking the corresponding boxes. Include the date and time you provided notice and the method used (e.g., personally, by telephone, fax, etc.).
  5. In section 3a(3), indicate whether you gave notice by 10 a.m. the court day before the hearing or after that time, explaining any exceptional circumstances.
  6. If applicable, specify the temporary emergency orders you are requesting in section 3a(4). Document any responses received in section 3a(5).
  7. For those who did not give notice, complete section 3b or 3c. Describe the exceptional circumstances that prevented you from providing notice.
  8. In section 4, detail the service of documents. Specify who received the documents and the methods used for serving them, including dates and locations.
  9. Finally, sign and date the form. Print your name clearly beneath your signature.

Once the form is completed, it must be filed with the court. Ensure that you keep copies for your records and consider the next steps in your case, including any hearings that may be scheduled based on your request.

Your Questions, Answered

What is the FL-303 form used for?

The FL-303 form is a declaration regarding notice and service of a request for temporary emergency (ex parte) orders in family law cases. It helps parties communicate whether they provided notice to the other party about an upcoming court hearing. This form is crucial when seeking immediate court intervention without the usual notice period.

Who should fill out the FL-303 form?

This form should be filled out by any party involved in a family law case who is requesting temporary emergency orders. This includes attorneys representing a party or individuals representing themselves. It is important to accurately complete the form to ensure the court understands the notice given or reasons for not giving notice.

What information do I need to provide on the FL-303 form?

You will need to provide your name, contact information, and details about the parties involved in the case. Additionally, you must indicate whether you gave notice of the emergency hearing, how you provided that notice, and any exceptional circumstances if notice was not given. This information helps the court assess the situation and decide on the request for emergency orders.

What happens if I did not give notice?

If you did not give notice, you must explain why on the form. You can request that the court waive the notice requirement due to exceptional circumstances, such as immediate danger or risk of harm. Be prepared to provide specific facts that support your request. The court will review this information to determine whether to grant the emergency orders without notice.

How do I submit the FL-303 form?

You can submit the FL-303 form to the court where your family law case is filed. Make sure to check the local court rules for any specific submission guidelines. It’s a good idea to keep a copy of the completed form for your records. If you are unsure about the process, consider reaching out to the court clerk for assistance.

Common mistakes

  1. Incorrect Party Identification: Failing to clearly specify whether you are the petitioner, respondent, or another party can lead to confusion. Make sure to select the correct option in the designated area.

  2. Missing Contact Information: Omitting your phone number, email address, or other contact details can hinder communication. Always double-check that this information is complete and accurate.

  3. Not Following Local Procedures: Each court may have specific rules for filling out forms. Ignoring these guidelines can result in delays or rejections of your request. Review your court's local procedures before submission.

  4. Improper Notice: Failing to provide notice to the other party or not documenting how notice was given can lead to complications. Ensure you follow the notice requirements carefully and complete the relevant sections.

  5. Inaccurate Dates and Times: Providing incorrect dates or times for hearings can cause scheduling conflicts. Always verify that the information matches what is required by the court.

  6. Incomplete Service Documentation: Not including all necessary documents that were served can be problematic. Make sure to list all relevant documents and the method of service accurately.

  7. Failure to Specify Exceptional Circumstances: If you did not give notice due to exceptional circumstances, be specific about those circumstances. Vague explanations can weaken your case.

  8. Neglecting Signature and Date: Forgetting to sign and date the form is a common mistake. Always review your form to ensure it is signed and dated before submission.

Documents used along the form

The FL-303 form, known as the Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, is an essential document in family law proceedings. It serves to inform the court about the notice given to involved parties regarding emergency orders. Alongside this form, several other documents are commonly used to ensure a comprehensive approach to legal requests. Below is a list of these important forms, each serving a unique purpose.

  • FL-300: Request for Order - This form is used to formally request the court to issue orders related to family law matters, such as custody, support, or property division. It outlines the specific orders being requested and provides a basis for the court's decision.
  • FL-305: Temporary Emergency (Ex Parte) Orders - This document is utilized to request immediate orders from the court without the presence of the other party. It is crucial for situations where urgent action is necessary to protect individuals or children involved.
  • FL-309: Order on Request to Reschedule Hearing - This form is filed when a party seeks to postpone a scheduled court hearing. It allows the court to officially acknowledge and grant the request for rescheduling.
  • FL-306: Request to Reschedule Hearing - This form serves as a formal request to change the date of a hearing. It is typically accompanied by a valid reason for the rescheduling, ensuring the court is informed of the circumstances.
  • FL-307: Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders - Similar to FL-306, this form specifically addresses the rescheduling of hearings related to emergency orders. It highlights the urgency of the matter while seeking a new date.
  • FL-304: Declaration of Service - This document provides proof that the necessary documents have been served to the involved parties. It is essential for ensuring that all parties are informed and that the court is aware of compliance with service requirements.

Utilizing these forms in conjunction with the FL-303 ensures that all procedural requirements are met, allowing for a smoother legal process. Understanding each document's role can empower individuals navigating the complexities of family law, providing clarity and direction in challenging situations.

Similar forms

  • FL-300 - Request for Order: Similar to the FL-303, this form is used to request temporary emergency orders. It requires details about the request and the parties involved, ensuring that all necessary information is presented to the court.
  • FL-305 - Temporary Emergency (Ex Parte) Orders: This document is often filed alongside the FL-303. It outlines the specific emergency orders being requested and serves as a formal request for the court's immediate intervention.
  • FL-309 - Order on Request to Reschedule Hearing: This form is used when a party seeks to change the date or time of a scheduled hearing. It is similar in that it addresses the procedural aspects of court hearings, ensuring proper notice is given.
  • FL-306 - Request to Reschedule Hearing: Like the FL-309, this form is used to request a change in hearing dates. It provides a structured way to communicate scheduling changes to the court.
  • FL-307 - Request to Reschedule Hearing Involving Temporary Emergency Orders: This form specifically addresses requests to change hearings related to emergency orders, similar to the FL-303 in its focus on urgent matters.
  • FL-340 - Declaration of Service: This document confirms that all parties have been properly notified of court actions, much like the notice requirements outlined in the FL-303.
  • FL-320 - Response to Request for Order: This form allows the other party to respond to requests made in the FL-300 or FL-303, ensuring that both sides are heard in court proceedings.
  • FL-321 - Declaration in Support of Response: Similar to the FL-320, this document supports the response with additional information or evidence, reflecting the back-and-forth nature of family law proceedings.
  • FL-350 - Notice of Motion: This form is used to inform parties about a motion being filed in court. It shares similarities with the FL-303 in that it ensures all parties are aware of court actions that may affect them.
  • FL-340 - Notice of Hearing: This document provides formal notice of a hearing date and time, paralleling the notice aspects of the FL-303 to ensure all parties are informed and prepared.

Dos and Don'ts

When filling out the FL-303 form, it is essential to ensure accuracy and clarity. Here are some important dos and don'ts to consider:

  • Do read the court's local procedures carefully before starting.
  • Do provide complete and accurate information in all fields.
  • Do check your contact information to ensure it's current.
  • Do specify the nature of your relationship to the parties involved.
  • Don't use this form for domestic violence restraining orders.
  • Don't forget to indicate whether you gave notice of the emergency hearing.
  • Don't leave any sections blank; provide explanations where necessary.

By following these guidelines, you can help ensure that your FL-303 form is completed correctly, which is vital for the court's understanding of your request.

Misconceptions

  • Misconception 1: The FL-303 form can be used for domestic violence restraining orders.
  • This form is specifically designed for requests related to temporary emergency orders, not for domestic violence cases. It's important to use the correct form for each type of request to ensure proper handling by the court.

  • Misconception 2: Notice is always required before filing the FL-303 form.
  • While notice is typically necessary, there are exceptions. If exceptional circumstances exist, you can request a waiver of notice. This allows you to proceed without notifying the other party if immediate danger or irreparable harm is present.

  • Misconception 3: The FL-303 form guarantees that temporary emergency orders will be granted.
  • Misconception 4: You can submit the FL-303 form without any supporting documents.

Key takeaways

When filling out and using the FL-303 form, it is important to keep several key points in mind:

  • Understand the Purpose: The FL-303 form is used to declare notice regarding temporary emergency (ex parte) orders in family law cases.
  • Read Local Rules: Before completing the form, review your court's local procedures for requesting temporary emergency orders.
  • Notice Requirements: You must indicate whether you gave notice about the emergency hearing. This is crucial for the court's consideration.
  • Exceptional Circumstances: If you did not give notice, you must explain the exceptional circumstances that prevented you from doing so.
  • Service of Documents: Ensure that all relevant documents are served on the necessary parties before filing the request with the court.
  • Complete All Sections: Fill out all required sections of the form accurately to avoid delays in processing your request.
  • Deadline Awareness: Be aware of the deadlines for giving notice, particularly if you are submitting the request on short notice.
  • Sign and Date: Don’t forget to sign and date the form. This is a legal requirement and confirms the information provided is accurate.