California
How long do I have to respond to an FL-300 in California?
Quick answer
You have until 9 court days before the hearing to file your Responsive Declaration to Request for Order (form FL-320) with the court and have it served on the other parent, unless the court ordered a shorter time. Court days are the days the court is open, so weekends and court holidays do not count.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Code of Civil Procedure section 1005(b) says all papers opposing a motion must be filed with the court and served on each party at least nine court days before the hearing, and that the court may prescribe a shorter time. California Rules of Court, rule 5.92(a) gives a Request for Order the same meaning as a motion and requires form FL-320 to respond to it.
The FL-320 information sheet applies this at item 7 (file with the clerk at least 9 court days before the hearing) and item 11 (personal service or service by mail completed at least 9 court days before the hearing). If the court set a shorter time, the date appears at item 5 on page 1 of the FL-300 you were served, and you use that date.
Section 1005(c) adds a delivery rule: opposing papers must be served by personal delivery, fax, express mail, or another method reasonably calculated to get them to the other party by the close of the next business day after you file them. Ordinary mail sent on the last day may not meet that, so mail early or use personal service or overnight delivery.
If child support, spousal support, or attorney’s fees were requested, rules 5.92(g)(3) and 5.260(a)(2) require you to file a current Income and Expense Declaration (form FL-150) with your FL-320.
What to do next
Find the hearing date on page 1 of the FL-300 and count back 9 court days, not counting the hearing day. File and serve before then. Someone other than you must serve the papers. If you need more time to prepare, FL-320-INFO item 1 says you may ask the court to continue the hearing. If you do not respond at all, FL-320-INFO says the court can still make orders without your input.
Last checked against the sources above on October 6, 2026.
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This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
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