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Declaration Regarding Notice Of Request For Temporary Orders FL016 - California
| Declaration Regarding Notice Of Request For Temporary Orders Form. This is a California form and can be used in Family Law Sonoma Local County . |
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Attorney or Party without Attorney Name, Address, Telephone No., State Bar Membership No. Court Use Only Attorney For (Name): Superior Court of California, County of Sonoma Civil & Family Law Courthouse, Family Law Division 3055 Cleveland Avenue Santa Rosa, CA 95403 Petitioner/Plaintiff: Respondent/Defendant: Claimant/Other Parent: Case Number: In most cases you must tell the other side that you are requesting a court order before the Judicial Officer will review your request. This is called "notice." You must also deliver a copy of your request to the other party as soon as possible before the time for Judicial review. This is called "delivery." The Judicial Officer will be asked to review the request for temporary orders on ___________________________________(date), at the above address. (See the reverse side of this form for notice and delivery requirements.) DECLARATION REGARDING NOTICE/DELIVERY OF REQUEST FOR TEMPORARY ORDERS I, (Name of Person Giving Notice):__________________________________________declare that: 1. NOTICE WAS GIVEN ON _______________ (date) at _______________________ (time). BY Telephone Voicemail Personal Delivery or In Writing To Address/Number: _________________________________________________________ _____. 2. DELIVERY WAS MADE ON _____________(date) at _______________________ (time). BY Personal Delivery TO Address/Number: _____________________________________________________________. ATTENTION: Proof of notice/delivery must be available upon the Court's request. 3. NOTICE WAS NOT GIVEN: I have NOT given notice of my request for temporary orders. I have a legally sufficient basis for not giving notice. The facts that justify not giving notice are as follows: _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 4. I do / I do not expect the other party to file an opposition. I declare under penalty of perjury that the foregoing is true and correct. Date: ______________________ Signed: ______________________________________ Declaration Regarding Notice/Delivery of Request for Temporary Orders Page 1 of 2 Local Rule 9.12 American LegalNet, Inc. www.FormsWorkFlow.com Local Form FL-016 (Mandatory Use Form) (Rev. 4/09, 1/10, 7/10, 1/12, 7/12, 7/13) FREQUENTLY ASKED QUESTIONS REGARDING NOTICE/DELIVERY REQUEST FOR TEMPORARY ORDERS 1. Do I have to tell the other person that I am requesting temporary orders? The judicial officers will require that a person who is requesting temporary orders notify the other person that temporary orders are being requested and that a copy of your request be provided to the other person before the Judge reviews it. The judicial officers want to make sure they have all the facts regarding a case before they make a decision on temporary orders. 2. Are there situations in which I don't have to tell the other person that I am requesting temporary orders? If immediate harm could be suffered if notice were given or if giving notice is impossible, you may not have to give notice. If you think you should not be required to give notice, complete No. 2 on the reverse of this form. Be sure and state your reasons for not telling the other person that you are requesting temporary orders. It is possible that the judicial officer reviewing your application may find your reasons for not giving notice insufficient. This can result in your application being rejected until you actually give notice. You should take this into consideration when determining whether or not you are going to submit your application without giving notice. 3. Can I deliver a copy of the documents to the other person myself? Yes you can. If you are afraid, you may have someone else over 18 deliver them for you. If someone else delivers the documents, have that person complete the front of this form. 4. What if the other person is in the Sonoma County jail? How can I give notice or deliver documents? If the other person is in the Sonoma County jail, copies can be provided to the other person by delivering them to jail personnel at the front desk of the jail. Also "Friends Outside" whose offices are in the main lobby of the jail, will arrange to have the paperwork delivered to the other person. Friends Outside does charge a small fee for this service. 5. What are the ways I can give notice? Notice may be given in person, by telephone, voicemail message or in writing. NOTICE/DELIVERY BY PERSONAL DELIVERY OR FAX Requests for Domestic Violence Temporary Restraining Orders If you delivered your papers on Monday, by 10 a.m. Tuesday by 10 a.m. Wednesday by 10 am Thursday by 10 a.m. Friday by 10 a.m. Saturday by 10 a.m. Sunday by 10 a.m. If delivered by personal delivery or fax, the Judge will consider on Tuesday after 8:30 a.m. Wednesday after 8:30 a.m. Thursday after 8:30 a.m. Friday after 8:30 a.m. Monday after 8:30 a.m. Monday after 8:30 a.m. Monday after 8:30 a.m. Family Law Ex-Parte Requests If you delivered your papers on Monday by 10 a.m. Tuesday by 10 a.m. Wednesday by 10 am Thursday by 10 a.m. Friday by 10 a.m. Saturday by 10 a.m. Sunday by 10 a.m. If delivered by personal delivery or fax, the Judge will consider on Tuesday after 10 a.m. Wednesday after 10 a.m. Thursday after 10 a.m. Friday after 10 a.m. Monday after 10 a.m. Monday after 10 a.m. Monday after 10 a.m. NOTICE/DELIVERY BY FIRST CLASS, OVERNIGHT OR NEXT DAY MAIL For All Ex-Parte Requests If you delivered your Papers on: Monday, by 10 a.m. Tuesday by 10 a.m. Wednesday by 10 a.m. Thursday by 10 a.m. Friday by 10 a.m. Saturday by 10 a.m. Sunday by 10 a.m. If delivered by first class mail, the judge will consider on: Following Monday after 8:30 am Tuesday after 8:30 am Wednesday after 8:30 am Thursday after 8:30 am Friday after 8:30 am Monday of the following week after 8:30 am Monday of the following week after 8:30 am If delivered by overnight or next day mail, the judge will consider on: Thursday after 8:30 am Friday after 8:30 am Monday after 8:30 am Tuesday after 8:30 am Wednesday after 8:30 am Thursday after 8:30 am Thursday after 8:30 am *Add an extra day for each court holiday that falls in the time period. Local Form FL-016 (Mandatory Use Form) (Rev. 4/09, 1/10, 7/10, 1/12, 7/12, 7/13) Declaration Regarding Notice/Delivery of Request for Temporary Orders Page 2 of 2 Local Rule 9.12 American Legal
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