The FL-303 form is a legal document used in California courts to declare notice and service regarding requests for temporary emergency orders, often referred to as ex parte orders. It is essential for individuals involved in family law cases to understand how to properly fill out this form to ensure their requests are considered by the court. For assistance in completing the FL-303 form, click the button below.
The FL-303 form is an essential document used in California's family law courts when a party seeks temporary emergency (ex parte) orders. This form facilitates communication between parties involved in a case and the court, ensuring that all necessary notifications regarding emergency hearings are properly documented. The form requires detailed information about the parties involved, including their names, addresses, and contact information. It also prompts the filing party to declare whether notice of the emergency hearing was given to other parties and outlines the methods used to provide such notice. In cases where notice cannot be given, the form allows the requesting party to explain the exceptional circumstances that justify this lack of communication. Additionally, it includes sections for documenting any service of documents related to the emergency request, ensuring that all relevant parties are informed of the proceedings. Understanding the FL-303 form is crucial for anyone navigating the complexities of family law in California, as it plays a pivotal role in the timely and effective resolution of urgent legal matters.
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)
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Page 2 of 2
Clear this form
Filling out the FL-303 form requires careful attention to detail to ensure that all necessary information is accurately provided. This form is essential for individuals seeking temporary emergency orders in family law cases. Following the steps outlined below will help facilitate the completion of the form.
After completing the FL-303 form, it is important to review all entries for accuracy. Once confirmed, the form should be submitted to the appropriate court as per local procedures. Ensure that any required documents are attached and that copies are kept for personal records.
What is the FL-303 form?
The FL-303 form, also known as the Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, is used in California family law cases. This form is specifically for parties seeking temporary emergency orders from the court. It helps document whether notice was given to other parties involved in the case and outlines the circumstances surrounding the request for an emergency hearing.
Who should use the FL-303 form?
This form is intended for individuals who are either petitioners, respondents, or other parties involved in a family law case. It can be filled out by attorneys representing these parties or by individuals who are representing themselves in court.
What information do I need to complete the FL-303 form?
You will need to provide your name, contact information, and the name of the party you represent. Additionally, details about the emergency hearing, such as the date, time, and location, must be included. You’ll also need to indicate whether you provided notice to other parties and how that notice was given.
What does "giving notice" mean in the context of the FL-303 form?
Giving notice means informing the other parties involved in the case about the emergency hearing and the request for temporary orders. This is important because it ensures that everyone has the opportunity to respond or prepare for the hearing. The form requires you to specify how and when you provided this notice.
What if I could not give notice before the hearing?
If you were unable to give notice due to exceptional circumstances, you can request the court to waive the notice requirement. You will need to explain the exceptional circumstances that prevented you from notifying the other party. This could include situations like immediate danger or irreparable harm.
Can I use the FL-303 form for domestic violence restraining orders?
No, the FL-303 form is not intended for requesting domestic violence restraining orders. If you need to seek a restraining order, you should look for the specific forms and procedures designated for that purpose.
What happens after I submit the FL-303 form?
After submitting the FL-303 form, the court will review your request for temporary emergency orders. Depending on the circumstances and the information provided, the court may grant the orders with or without a hearing. If a hearing is scheduled, all parties will be notified.
Is there a deadline for submitting the FL-303 form?
While there is no specific deadline mentioned for submitting the FL-303 form, it is advisable to file it as soon as possible before the scheduled emergency hearing. This allows the court to consider your request in a timely manner.
Where can I find more information about the FL-303 form and related procedures?
You can find more information about the FL-303 form and the procedures for requesting temporary emergency orders on the California courts' website. It’s also helpful to check your local court’s rules, as they may have specific guidelines you need to follow.
Filling out the FL-303 form can be a straightforward process, but there are common mistakes that individuals often make. One significant error is not providing complete or accurate information in the personal details section. This includes missing the name of the party involved, the case number, or the contact information. Inaccuracies can lead to delays in processing or even rejection of the form.
Another common mistake involves the notice section. People sometimes fail to clearly indicate whether notice was given regarding the emergency hearing. This section is crucial because it affects how the court views the urgency of the request. Omitting this information or providing unclear responses can result in complications or a lack of understanding from the court.
Additionally, individuals may neglect to specify the exceptional circumstances that justify the request for a waiver of notice. This part of the form requires a detailed explanation. Without a clear rationale, the court may not grant the waiver, which can undermine the entire request for temporary emergency orders.
Some also overlook the importance of serving the correct documents to the appropriate parties. The form requires confirmation that specific documents were served before filing. Failing to serve these documents or incorrectly identifying who received them can lead to procedural issues, making it essential to double-check this information.
Lastly, individuals often forget to sign and date the form. This final step may seem minor, but without a signature, the form is not valid. Courts require a signed declaration to ensure the information provided is true and correct, so omitting this can lead to unnecessary complications.
When dealing with the FL-303 form, several other documents often come into play. Each of these forms serves a specific purpose and can be essential in the process of requesting temporary emergency orders. Here’s a brief overview of these related documents:
Each of these documents plays a vital role in ensuring that the court has all the necessary information to make informed decisions in urgent situations. Properly completing and submitting these forms can significantly impact the outcome of a case.
The FL-303 form is a specific legal document used in California family law cases, particularly for requesting temporary emergency (ex parte) orders. Several other forms serve similar functions in legal proceedings. Below is a list of ten documents that share characteristics with the FL-303 form:
Understanding these documents can help individuals navigate the legal process more effectively. Each form serves a specific purpose but collectively emphasizes the importance of communication and proper procedure in legal matters.
When filling out the FL-303 form, consider the following dos and don'ts to ensure accuracy and compliance.
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 in family law cases. However, several misconceptions surround its purpose and usage. Below is a list of ten common misunderstandings, along with clarifications for each.
Understanding these misconceptions can help individuals navigate the complexities of family law more effectively. Clarity about the FL-303 form's purpose and requirements is crucial for ensuring that the rights and needs of all parties are adequately addressed.
When filling out and using the FL-303 form, there are several important points to keep in mind. This form is essential for requesting temporary emergency (ex parte) orders in California family law cases. Here are key takeaways to consider:
By keeping these key points in mind, you can navigate the process of filling out and using the FL-303 form more effectively. Proper completion of this form can significantly impact the outcome of your request for temporary emergency orders.