FL-310 Guidance: Responsive Declaration to Request to Reschedule Hearing | Gavel
FL-310 Guidance: Responsive Declaration to Request to Reschedule Hearing (California)
The FL-310 Responsive Declaration to Request to Reschedule Hearing form is used when a party involved in a family law case, such as parentage, custody, or support matters, needs to formally respond to a request to change the date of a scheduled court hearing, expressing either consent or objection to the proposed rescheduling. Jump to guide on filling it out.
Official FL-310 PDF Download (ca.gov)
When you need form FL-310
The FL-310 Responsive Declaration to Request to Reschedule Hearing form is typically used in the context of family law cases involving parentage, custody, and support disputes. In a case where a party wishes to change the date of an upcoming hearing, this form acts as a formal written response to that request to reschedule a hearing, allowing you the opportunity to express your consent or objection.
How to file form FL-310
- 1. Complete the Form: Fill out the FL-310 form, making sure to include all necessary details, such as your consent or objections to rescheduling and any relevant information about the hearing.
- 2. Prepare Copies: Make multiple copies of the completed form, as you will need copies for the court, the other parties involved, and for your own records.
- 3. File with the Court Clerk: Submit the original completed form to the clerk of the Superior Court in the county where your case is being heard. Ensure you pay any required filing fees.
- 4. Serve the Other Parties: Deliver copies of the filed form to the petitioner, respondent, and any other relevant parties, usually via mail or personal service, following the court's service rules.
- 5. Obtain Proof of Service: Acquire a proof of service form from the person who served the documents, and file this proof with the court to confirm that all parties have been properly notified.
Tips for filling out form FL-310
When completing form FL-310, pay special attention to these less obvious sections:
Item 1
Requester Identification
Ensure you correctly identify the person asking to reschedule the hearing. This should be the name of the party who originally requested the change, not necessarily the person completing the form.
Item 2
Current Hearing Date
Double-check the current hearing date listed as this will verify the date you are responding to for rescheduling. Ensure consistency with any official notices you’ve received.
Item 3
Temporary Orders Impact
Consider whether any temporary emergency orders are in place. If the request to reschedule affects these, check the appropriate box and be prepared to clarify.
Item 4
Consent Reasoning
If you do not consent, clearly specify your reasons. This is your opportunity to voice any concern or conflict the rescheduling may present, so be precise and concise in your explanation.
What to do after filing form FL-310
- Confirm receipt of your FL-310 form filing with the court clerk and obtain a stamped copy for your records.
- Wait for a response from the court regarding the rescheduling request. This may come as a notice of new hearing date or further instructions.
- Monitor for any communication from the opposing party, as they may also file a response that could be relevant to the scheduling of the hearing.
- Prepare for the possibility that the court may require additional documentation or a follow-up hearing, depending on the nature of the rescheduling request and the initial response about temporary emergency orders, if any.
- Check the court's online case access system regularly, if available, for updates on your court case status and any changes to the hearing schedule.
Related Forms
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FL-200: Petition to Establish Paternity
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FL-210: Summons Parentage Custody and Support
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FL-300-INFO: Information Sheet for Request Order
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FL-115: Proof of Service
The FL-115 Proof of Service of Summons form is used in California family law cases, including those involving parentage, custody, and support, to document that the respondent has been properly served with legal documents to commence the action.