Declaration Regarding Notice Of Request For Tempory Orders Form. This is a California form and can be use in Sonoma Local County.
Tags: Declaration Regarding Notice Of Request For Tempory Orders, FL016, California Local County, Sonoma
Attorney or Party without Attorney Court Use Only Name, Address, Telephone No., State Bar Membership No. 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 try to tell the other side that you are requesting a court order by delivering a copy of the (See the reverse side of this form for more information and service requirements.) papers as follows. This is called “notice”. DECLARATION REGARDING NOTICE OF REQUEST FOR TEMPORARY ORDERS I, (Name of Person Giving Notice):__________________________________________declare that: The Judicial Officer will be asked to consider the request for temporary orders on (Date):___________________. (SEE PAGE TWO FOR SERVICE TIMETABLE) NOTICE GIVEN: 1. ( ) The other person received a copy of the papers as follows: (Complete A, B, C or D.) A. ( ) PERSONAL DELIVERY. Copies of the papers were given to the other person on (Date): _______________________ at (Time):______________ at(Address):_____________________________________________________________________. B. ( ) BY FAX. Copies of the papers were faxed to the other person on (Date):__________________ at (Time):___________ to Fax Number:____________. You must attach a copy of the coversheet showing proof that the fax was received. C. ( ) OVERNIGHT OR NEXT DAY MAIL. Copies of the papers were given to the other person by placing them in the mail on (Date):___________________ (Time): _____________. I used the following overnight or next day service:____________________. D. ( ) FIRST CLASS MAIL. Copies of the documents were placed in first class mail, postage prepaid on (Date):__________________to the following address:_________________________________________________________________________. NOTICE WAS NOT GIVEN 2. ( ) 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: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ I declare under penalty of perjury that the foregoing is true and correct. Date: ______________________ Sonoma County Local Form FL016 April, 2009 Signed: ______________________________________ Sonoma County Local Rule 9.7 Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com FREQUENTLY ASKED QUESTIONS REGARDING NOTICE OF REQUEST FOR TEMPORARY ORDERS 1. Do I have to tell the other person that I am requesting temporary orders? The judicial officers may require that a person who is requesting temporary orders notify the other person that temporary orders are being requested. 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 telephone the other person and tell them I am requesting temporary orders? You cannot give telephone notice. The other person must be given a copy of the documents you will be submitting to the judicial officer. The other person has a right to see what you are requesting before the judicial officer reads the request for temporary orders. 4. 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. 5. What if the other person is in the Sonoma County jail? How can I give notice? 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 AFriends 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. 6. What are the ways I can give notice? The following is a list of different ways you can give notice to the other person. After you give notice, there will be a delay between the time you give notice and the time that the judicial officer will read and decide on your request for temporary orders. This delay is provided so that the other person may, if they want, submit a written response to your request for temporary orders. SERVICE BY PERSONAL DELIVERY OR FAX Requests for Domestic Violence All other Family Law ex Parte Requests 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. If you delivered your papers on Monday by 4 p.m. Tuesday by 4 p.m. Wednesday by 4 pm Thursday by 4 p.m. Friday by 4 p.m. Saturday by 4 p.m. Sunday by 4 p.m. If delivered by personal delivery or fax, the Judge will consider on Wednesday after 8:30 a.m. Thursday after 8:30 a.m. Friday after 8:30 a.m. Monday after 8:30 a.m. Tuesday after 8:30 a.m. Wednesday after 8:30 a.m. Wednesday after 8:30 a.m. SERVICE BY FIRST CLASS, OVERNIGHT OR NEXT DAY MAIL For all ex Parte Requests If you delivered your Papers on: Monday, by 4:00 p.m. Tuesday by 4:00 p.m. Wednesday by 4:00 p.m. Thursday by 4:00 p.m. Friday by 4:00 p.m. Saturday by 4:00 p.m. Sunday by 4:00 p.m. If delivered by first class mail, the judge will consider on: Following Monday after 8:30 am Monday after 8:30 am 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 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. FL-016 (April, 2009) Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com