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California

How many days before the hearing do I have to serve my Request for Order in California?

Quick answer

At least 16 court days before the hearing if the papers are handed to the other parent, and 16 court days plus 5 calendar days if they are mailed from and to addresses in California. If the judge ordered a shorter time, the date written on your FL-300 controls.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

What the law says

The deadline comes from Code of Civil Procedure section 1005(b): moving papers must be served and filed at least 16 court days before the hearing. For service by mail the period increases by 5 calendar days if both addresses are in California, 10 if either is outside California but in the United States, 12 if the address is in the Secretary of State’s address confidentiality program, and 20 if either is outside the United States. Fax, express mail, or overnight delivery adds 2 calendar days. Electronic service adds 2 court days to the notice period (Code of Civil Procedure section 1010.6(a)(3)(B)). Rule 5.92(a) of the California Rules of Court treats a Request for Order as a motion.

The FL-300 information sheet, item 15, repeats the 16-court-day deadline for personal service and the extra 5 calendar days for mail in California, and says to file the proof of service at least 5 court days before the hearing. A shorter time can be requested under rule 5.92(d); if granted, it is written at item 4 of the FL-300.

Family Code section 215 does not set this deadline. It governs how papers are served after a judgment or a permanent custody, visitation, or child support order, and says serving only the other party’s lawyer is not enough. Under section 215(b), a request to change a custody, visitation, or child support order may be served by first-class mail, and the proof of service must include an address verification.

What to do next

Start from the hearing date on page 1 of your FL-300 and count back. The court’s self-help guide defines a court day as Monday through Friday, except court holidays. That page also tells you to count back 5 more calendar days for personal service; section 1005(b) adds the 5 days only for mail, though serving earlier does no harm. FL-300-INFO item 15 lists when personal service is required, including when temporary emergency orders were granted or the other party has not yet appeared in the case.

Last checked against the sources above on October 6, 2026.

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Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

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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