WV-115-INFO How to Ask for a New Hearing Date You may need to ask for a new hearing date if: · You are the petitioner and are unable to have form WV-109, Notice of Court Hearing, and other papers served in time before the hearing date. · You are the respondent making your first request for continuance, and you need time to hire an attorney or prepare a response. · You have a good reason for needing a new hearing date. (The court may grant a request to continue the hearing on a showing of good cause.) What does form WV-115 do? Use form WV-115 to ask the court to "continue" the hearing. If the court continues the hearing and a Temporary Restraining Order (TRO; form WV-110) was issued, the TRO will be extended until the end of the new hearing unless the court decides to modify or terminate it. · "Continue" the hearing means to give you a new hearing date. · "Extend" means to keep any temporary orders in effect until the new hearing date. Follow these steps: · Fill out all of form WV-115. · Fill out items 1 through 3 on form WV-116, Order on Request to Continue Hearing. · The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the court clerk for information on how you ask the judge to review your papers. · After you turn in your forms as required by your local court, check with the clerk's office to see if the judge approved (granted) your request to continue the hearing. · If the judge signs form WV-116, the court will give you a new hearing date. If the judge does NOT sign the form, you should go to the hearing at the date, time, and location that is shown on form WV-109. · Next, file both forms WV-115 and WV-116 with the clerk. The clerk will make up to three file-stamped copies for you. Keep at least one copy to bring to court on the hearing date. · The other party must be served a copy of the court papers as described in item 9 on form WV-116. · Ask the person who serves the papers to complete a proof of service form and give it to you. If service was in person, use form WV-200, Proof of Personal Service. If service was by mail, use form POS-040, Proof of Service--Civil. Make two copies of the completed forms. · File the completed and signed proof of service form with the clerk's office before the hearing. · If the court continues the hearing date and extends the TRO to the date of the new hearing, the clerk will send the TRO to law enforcement. It will be entered into a statewide computer system that lets police know about the order so that it can be enforced. Go to the hearing. · Take at least two copies of your documents and filed forms to the hearing. Include a filed proof of service form. "Documents" may include exhibits, declarations, and financial statements, which the court may enter into evidence at its discretion. · If you are the petitioner and you do not go to the hearing, the Temporary Restraining Order will expire at the end of the hearing. If you are the respondent and you do not go to the hearing, the court can still make orders against you that can last for up to three years. Need help? Ask the court clerk about free or low-cost legal help that may be available in your county. Judicial Council of California, www.courts.ca.gov New July 1, 2016, Mandatory Form Code of Civil Procedure, § 527.8(p) How to Ask for a New Hearing Date (Workplace Violence Prevention) WV-115-INFO, Page 1 of 1 American LegalNet, Inc. www.FormsWorkFlow.com