How to Reschedule a Hearing
in Family Court
Judicial Council of California, www.courts.ca.gov
New July 1, 2020, Optional Form
Cal. Rules of Court, rule 5.95
FL-304-INFO, Page 1 of 3
This form provides information about how to
obtain a court order to reschedule a hearing in
family court. This information sheet may not
cover everything you need to know about
rescheduling a hearing in your court. To learn
more:
Written agreement (stipulation) to
reschedule a hearing (form FL-308)
2
When to use Request to Reschedule
Hearing (form FL-306)
3
The judge in your family court case may order
that the hearing date be rescheduled based on an
agreement (stipulation) between the parties or
their attorneys.
You must follow your court’s local procedures to
obtain the new hearing date from the court clerk.
You may use Agreement and Order to
Reschedule Hearing (form FL-308) if you do not
want to change temporary emergency orders. You
may use a local form approved by the court, or
write your own agreement.
If the court has issued temporary
emergency orders and those orders are in
effect, the parties could further agree that those
emergency orders will remain in effect until the
end of the new hearing. A draft of a new
temporary order with new end dates may have to
be given to the court for the judge to sign with
your agreement.
You may use this form to ask to reschedule the hearing
if the request for order or order to show cause you want
to reschedule:
Do not use form FL-306 to ask to change the date of a
domestic violence restraining order hearing. For more
information, read How to Ask for a New Hearing Date
(form DV-115-INFO
).
Some courts may limit the number of times the parties
can agree to rescheduling a hearing. Check your local
court rules before submitting your written agreement.
For information about how to write up your
agreement, get it approved by the court, and filed in
your case, see www.courts.ca.gov/selfhelp-agreeFL
,
speak with an attorney, or get help at your court’s self-
help center or the Family Law Facilitator.
If you and the other party do not have an agreement,
the party who wants to reschedule the hearing must
file papers, such as form FL-306 or form FL-307, to
ask for a court order.
Find a lawyer through your local bar
association, the State Bar of California at
www.
calbar.ca.gov, or the Lawyer Referral Service at
1-866-442-2529. For free and low-cost legal
help (if you qualify), go to
Contact the family law facilitator or self-help
center for information and assistance, and
referrals to local legal services providers. Go to
www.courts.ca.gov/selfhelp-courtresources.htm.
1
General Information
When the parties have signed the agreement, you can
present it to the court on the day of the hearing, but it is
best if you can file it at least five days before that date,
so the judge doesn't have to read your file multiple
times.
Remember, the agreement is not an order until
it is signed by a judge.
Read California Rules of Court, rules 5.92
through 5.95, for the procedures to reschedule a
hearing.
Read rules 5.151 through 5.169 for the
procedures to notify and serve the other party
with a request to reschedule.
You can find these rules at any courthouse or
county law library or online at www.
courts.ca.gov/rules.
Most courts have local procedures and forms for
rescheduling a hearing but will accept form FL-306 or
your agreement to reschedule the hearing.
Form FL-306 may also be used to reschedule a hearing
to be able to meet with a child custody mediator or
recommending counselor before the hearing.
If this situation applies to you, ask your mediator or
child custody recommending counselor for information.
Was not served on the other parties; or
Was served, but there is a good reason why the
hearing should be changed to a new date. See
for other requirements.
Does not include temporary emergency (ex parte)
orders;
How to Reschedule a Hearing in Family Court
FL-304-INFO
6
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