EA-115-INFO
How to Ask for a New Hearing Date
You may need to ask for a new court date if:
What does form EA-115 do?
Use Request to Continue Hearing (form EA-115) to ask the court to reschedule your court date. If your court
date is rescheduled and a Temporary Restraining Order (TRO; form EA-110) was granted, the TRO will be
extended until the end of your new court date unless the court decides to modify or terminate it. “Extend”
means to keep any temporary orders in effect until the new hearing date.
Follow these steps:
•
Fill out all of form EA-115
.
•
• 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 reschedule your court date.
• If the judge signed form EA-116
, you will have a new court date. If the judge did NOT sign the form, you
should go to court at the date, time, and location on form EA-109.
• Next, file both forms EA-115 and EA-116
with the clerk. The clerk will make up to three file-stamped
copies for you. Keep at least one copy to bring to your court date.
• on form EA-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 Proof of Personal Service (form EA-200
). If service was by mail, use Proof of Service—Civil
(form POS-040). Make two copies of the completed forms.
• If the court reschedules your court date and extends the TRO to the new court date, 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.
Need help?
Ask the court clerk about free or low-cost legal help that may be available in your county.
How to Ask for a New Hearing Date
(Elder or Dependent Adult Abuse Prevention)
EA-115-INFO, Page 1 of 1
Go to your court date
You are the person seeking protection and are unable to have Notice of Court Hearing (form EA-109) and
other papers served in time before your court date.
•
File the completed and signed proof of service form with the clerk’s office before your court date.•
If you are the person seeking protection and you do not go to your court date, your TRO will expire on the
date and time of your court date.
•
•
Take at least two copies of your documents and filed forms to your court date. Include a filed proof of service
form. “Documents” may include exhibits, declarations, and financial statements, and the court may enter into
them evidence at its discretion.
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2020, Optional Form
Welfare and Institutions Code, § 15657.03(n)
You are the person to be restrained and making your first request to reschedule your court date.
You have a good reason for needing a new court date. (The court may grant your request to reschedule
on a showing of good cause.)
•
•
If you are the person to be restrained and you do not go to the hearing, the court can still make orders
against you that can last for up to five years.
•
1
2
3
4
5
Fill out items
1
2
on Order on Request to Continue Hearing (form EA-116).and
The other party must be served a copy of the court papers as described in item
6
