CALIFORNIA RULES OF COURT
Title 5. Family and Juvenile Rules
Division 1. Family Rules
Chapter 1. General Provisions
As amended through November 1, 2012
Rule 5.92. Request for court order; response
(a) Request for order; procedures
(1) In a family law proceeding other than an action under the Domestic Violence Prevention Act or a local child support agency action under the Family Code, a notice of motion or order to show cause must be filed on a Request for Order (form FL-300), unless another Judicial Council form has been adopted or approved for the specific motion or order to show cause.
(2) In an action under the Domestic Violence Prevention Act, a notice of motion or order to show cause to modify existing orders that were entered after a hearing may be filed on a Request for Order (form FL-300).
(3) In a local child support action under the Family Code, a notice of motion or order to show cause filed by any party other than the local child support agency may be filed on a Request for Order (form FL-300).
(4) The Request for Order (form FL-300) must set forth facts sufficient to notify the other party of the declarant's contentions in support of the relief requested.
(5) A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) must be filed with the Request for Order (form FL-300) when relevant to the relief requested unless a current form is on file with the court.
(6) The moving party must file the documents with the court to obtain a court date and then serve a copy on the responding party.
(A) If the request for order seeks court orders pending a hearing or seeks an order that the other party attend the hearing, the Request for Order (form FL-300) and appropriate attachments must be served in the manner specified for the service of a summons in Code of Civil Procedure section 413.10 et seq.
(B) If the Request for Order (form FL-300) is filed after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which the visitation, custody, or support of a child was at issue, it must be served as specified in Family Code section 215.
(C) All other requests for order and appropriate attachments may be served as specified in Code of Civil Procedure section 1010 et.seq.
(7) The documents served must include a blank copy of the following:
(A) Responsive Declaration to Request for Order (form FL-320);
(B) Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) when completed declarations are among the papers required to be served.
(b) Responding papers
To respond to the issues raised in the Request for Order (form FL-300) and attached papers, the responding party must complete, file, and serve a Responsive Declaration to Request for Order (form FL-320).
(1) The Responsive Declaration to Request for Order (form FL-320) must set forth facts sufficient to notify the other party of the declarant's contentions in response to the request for order and in support of any relief requested.
(2) The responding papers may request relief related to the orders requested in the moving papers. Unrelated relief must be sought by filing a separate request for order as specified in (a).
(3) A completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) must be attached to the Responsive Declaration to Request for Order (form FL-320) when relevant to the relief 15 requested.
(c) Memorandum of points and authorities
No memorandum of points and authorities need be filed with a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) unless required by the court on a case-by-case basis.
(d) Additional documents
As specified in these rules, the moving and responding parties may be required to complete, file, and serve additional papers to request or respond to a Request for Order (form FL-300) about child custody and visitation (parenting time), attorney fees and costs, support, and other financial matters.
Testimonials & Endorsements
-
“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, Arnold & Peterson is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold & Peterson are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
-
“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
