Continue/Drop PRocedure

 

 

If papers have been properly served and there is a need to change a court date and parties do not have an agreement to change a court date, the regular request for order/request for continuance (FL306/FL307 or DV115/DV116) process should be used.

 

ORDER TO SHOW CAUSE – CONTEMPT

Continuances and drops require a stipulation and order. A fee for filing a stipulation and order is required. Check fee schedule for the appropriate fee amount. You may not submit your filings by fax.

RESTRAINING ORDER HEARINGS

Order to Show Cause/Domestic Violence Restraining Orders

Continuances: The party requesting the continuance must file and serve forms DV-115, Request to Continue Court Hearing and DV-116, Order on Request to Continue Hearing. The hearing on the Request to Continue may occur on the date the matter is currently set for hearing. You may not submit your filings by fax.

ALL OTHER FAMILY LAW MATTERS

Use form PL-FL0018 only for Family Case Resolution Conferences.

Please use Form PL-FL005 for all other Family Law Matters.

Form PL-FL005/PL-FL0018 and documentation must be submitted to the clerk’s office before 12:00 p.m. two (2) court days before the first scheduled hearing by mail, drop box or at the filing counter.

No Fee Required and Form May be Faxed:

Emergency Request Hearings

Cannot be continued. Drops require a confirming letter. If the party was properly noticed, the letter must state both parties agree.

Request for Order/ Order to Show Cause (FL-300)

Continuances and drops require a confirming letter (stating both parties agree).

Family Case Resolution Conference

Continuances and drops require a confirming letter (stating both parties agree). [Use Form PL-FL0018.]

TAC – Trial Evidentiary Hearing Assignment Conference

To continue or vacate require a confirming letter (stating both parties agree).

Settlement & Trial Confirming Conferences, Short Cause & Long Cause Trial

Drops require a confirming letter (stating both parties agree). The confirming letter must state that each hearing related to the trial will be vacated.

Continuances require a confirming letter (stating both parties agree). The letter must state that each hearing will be vacated, and the parties would like to reset a Trial Assignment or Evidentiary Hearing, in Dept. 32, 8:30AM on any Friday. Parties can pick any Friday, but it must be stated in the confirming letter.

Documentation accepted by fax need not be followed up with the original. The submitting party will keep the original documentation. [CRC 2.305].

 

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