The California CH-115 form is a request to continue a court hearing, allowing individuals to ask the court to reschedule a previously set date. This form is crucial for those involved in civil harassment cases, especially when a temporary restraining order is in effect. Ensure you fill out the form accurately to avoid delays in your case by clicking the button below.
The California CH-115 form serves a crucial role in the legal process surrounding court hearings, particularly in cases involving temporary restraining orders. This form allows individuals to formally request a rescheduling of their court date as indicated on the Notice of Court Hearing (form CH-109). Whether you are the protected party seeking additional time to ensure proper service of the restrained party or the restrained party making your first request for a new date, the CH-115 provides a structured way to communicate your needs to the court. The form requires basic personal information, including your name and contact details, as well as the case number and the name of the other party involved. Importantly, it also prompts users to clarify the reason for the request, whether it be for personal service or other valid grounds. If a temporary restraining order is currently in effect, the form includes a reminder that this order will remain valid until the new court date unless otherwise directed by the court. By completing and submitting the CH-115, individuals can ensure that their request is officially recognized, thereby facilitating a smoother legal process.
CH-115
Request to Continue Court Hearing
Instructions: Use this form to ask the court to reschedule the court date listed on Notice of Court Hearing (form CH-109). Read, How to Ask for a New Hearing Date (form CH-115-INFO), for more information.
1My Information
a.My name is:
b.I am the:
Clerk stamps date here when form is filed.
Fill in court name and street address:
(1)
(2)
Protected party (skip to 2 ).
Restrained party (give your contact information below).
Address where I can receive mail:
This address will be used by the court and other party to notify you in this case. If you want to keep your home address private, you can use another address like a post office box or another person’s address, if you have their permission. If you have a lawyer, give your lawyer’s address and contact information.
Address:
City:
State:
Zip:
My contact information (optional):
Telephone:Fax:
Email Address:
Superior Court of California, County of
Fill in case number:
Case Number:
Lawyer’s information (skip if you do not have one):
Name:
State Bar No.:
Firm Name:
2Information About My Case
a.The other party in this case is (full name):
b.I have a court date currently scheduled for (date):
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Mandatory Form Code of Civil Procedure, § 527.6(p)
(Temporary Restraining Order)
CH-115, Page 1 of 2
(Civil Harassment Prevention)
3Is a Temporary Restraining Order in effect?
Yes. Date the order was made, if known:
Please attach a copy of the order if you have one.
No.
I don’t know.
Notice: If the court date is rescheduled, the Temporary Restraining Order (form CH-110) will remain in effect until the end of the new court date unless otherwise ordered by the court.
4Why does the court date need to be rescheduled?
a.
I am the person asking for protection, and I need more time to have the restrained party personally served.
b. I am the restrained party, and this is my first request to reschedule the court date.
c.
Other reason:
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or print your name
Sign your name
Lawyer’s name, if you have one
Lawyer’s signature
CH-115, Page 2 of 2
For your protection and privacy, please press the Clear This Form button after you have printed the form.
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Clear this form
Filling out the California CH-115 form is a straightforward process. This form is essential if you need to reschedule your court hearing. Make sure you have all necessary information at hand, as this will help you complete the form efficiently.
After completing the form, ensure all information is accurate. You can print it out or save it for your records. Remember to submit it to the court as instructed. Keep an eye on any updates regarding your new court date.
What is the purpose of the California CH-115 form?
The California CH-115 form is used to request a new court date for a hearing related to a Temporary Restraining Order (TRO). If you need more time to prepare or if you have not been able to serve the restrained party with the necessary documents, this form allows you to officially ask the court to reschedule your hearing. It's essential to follow the instructions carefully to ensure your request is processed correctly.
Who can use the CH-115 form?
Both the protected party and the restrained party can use the CH-115 form. If you are the protected party seeking additional time to serve the restrained party, you can submit this request. Conversely, if you are the restrained party and this is your first request to reschedule the court date, you may also use this form. It's important to provide accurate information about your case when filling it out.
What information do I need to provide on the CH-115 form?
You will need to provide your name, contact information, and details about your case, including the other party's full name and the currently scheduled court date. If there is a Temporary Restraining Order in effect, you should indicate that and provide the date it was made if known. This information helps the court understand the context of your request.
Can I keep my home address private when submitting the CH-115 form?
Yes, if you are concerned about privacy, you can use an alternative address, such as a post office box or another person's address, provided you have their permission. This alternative address will be used by the court and the other party to communicate with you regarding the case.
What happens if my court date is rescheduled?
If the court grants your request and reschedules the hearing, the Temporary Restraining Order will remain in effect until the new court date unless the court specifies otherwise. This means that the protections offered by the TRO continue to apply while you await your new hearing.
Is there a penalty for providing false information on the CH-115 form?
Yes, when you sign the form, you declare that the information provided is true and correct under penalty of perjury. If you knowingly provide false information, you could face legal consequences. It’s crucial to be honest and accurate when completing the form to avoid any potential issues.
How do I submit the CH-115 form once it is completed?
Once you have filled out the CH-115 form, you should submit it to the appropriate Superior Court of California in your county. Make sure to file it before your scheduled court date to ensure the court can consider your request. You may also want to keep a copy for your records.
Where can I find additional resources or assistance regarding the CH-115 form?
For more information about the CH-115 form and the process of requesting a new hearing date, you can refer to the Judicial Council of California's website. They provide helpful resources, including the "How to Ask for a New Hearing Date" guide, which offers detailed instructions and additional context for completing the form.
Filling out the California CH-115 form can be a straightforward process, but several common mistakes can lead to complications. One significant error is failing to provide complete personal information. The form requires your name and contact details, which must be accurate and up-to-date. Omitting this information can delay your request and create confusion for the court.
Another frequent mistake involves not clearly identifying the other party in the case. It is essential to include the full name of the other party, as this helps the court understand the context of your request. Incomplete or incorrect names can lead to miscommunication and potential delays in your hearing.
Many individuals overlook the importance of stating the current court date. This date is crucial for the court to process your request effectively. Failing to include it can result in the court not understanding the urgency of your request.
Additionally, some people forget to indicate whether a Temporary Restraining Order (TRO) is in effect. This information is vital, as it affects how the court will handle your request. Not providing this detail can lead to misunderstandings about the status of your case.
When explaining why the court date needs to be rescheduled, individuals often provide vague or insufficient reasons. Clear and specific explanations help the court understand your situation better. A lack of detail can weaken your request and may lead to denial.
Another common mistake is neglecting to sign and date the form. Your signature is a declaration of the truthfulness of the information provided. Without it, the form is incomplete and cannot be processed.
Some individuals may also fail to attach any necessary documents, such as a copy of the Temporary Restraining Order. If you have this document, including it can support your request and provide the court with essential context.
People sometimes use an incorrect case number. Ensure that the case number you provide matches the one assigned by the court. An incorrect number can lead to significant delays and may even result in your request being misplaced.
Another issue arises when individuals do not use an appropriate mailing address. The address provided will be used for notifications, so it must be reliable. Using a temporary or incorrect address can prevent you from receiving important court communications.
Finally, some individuals overlook the option to provide their lawyer’s information. If you have legal representation, including your lawyer’s details is beneficial for communication and processing your request. Failure to do so may hinder the court’s ability to address your case effectively.
When dealing with legal matters in California, especially those involving restraining orders, several forms and documents may accompany the California CH-115 form. Each of these documents serves a specific purpose in the legal process. Below is a list of commonly used forms that may be relevant.
These forms are essential for navigating the legal landscape surrounding restraining orders in California. Each document plays a crucial role in ensuring that all parties are informed and that the legal process runs smoothly.
When filling out the California CH-115 form, it is essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and should not do while completing this form.
Here are some common misconceptions about the California CH-115 form:
When filling out the California CH-115 form, it's essential to understand its purpose and requirements. Here are some key takeaways to keep in mind:
By following these guidelines, you can effectively complete the CH-115 form and ensure your request is properly submitted to the court.