Responding to CA FL-320

[phakermat]

Can someone please tell me what California Family Law form is submitted to the courts to make a Declaration Response to FL-320 (Responsive Declaration to Order to Show Cause or Notice of Motion).
The Petitioner's counsel sent this to me with their attached Declarations screaming for rebuttal (and I would like to have it noted in court filings) after I served a FL-300 OSC request.

Is it as simple as a Responding Declaration in 28 line format?
Is their an accompanying FL form to file?
Is their a mail serve deadline prior to the hearing date (11/24/10)?

I am Pro Per, for the record.

Thanks to any and all suggestions.

[CourtClerk]

You served the other side with an OSC and they responded...

you want to respond to their response? Am I clear?

[phakermat]

Correct!

I am responding to a response.

Advice on Forms and filings is needed.

Thanks Kindly

[CourtClerk]

Correct!

I am responding to a response.

Don't respond to the response. Take your issues up in court. You don't fight your case out in paper.... you do that with testimony and evidence.

[birdbrain53]

2010 California Rules of Court

Rule 3.110. Time for service of complaint, cross-complaint, and response

(a) Application

This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.)

(b) Service of complaint

The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

(c) Service of cross-complaint

A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.

(d) Timing of responsive pleadings

The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

(e) Modification of timing; application for order extending time

The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)-(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

(Subd (e) amended effective January 1, 2007.)

(f) Failure to serve

If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.

(Subd (f) amended effective January 1, 2007.)

(g) Request for entry of default

If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.

(Subd (g) amended effective January 1, 2007.)

(h) Default judgment

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.

(Subd (h) amended effective January 1, 2007.)

(i) Order to show cause

Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing.

(Subd (i) amended effective January 1, 2007.)

Rule 3.110 amended effective July 1, 2007; adopted as rule 201.7 effective July 1, 2002; previously amended and renumbered effective January 1, 2007.


I'm in CA. After a party files an OSC, the other party gets a chance to Respond, hence the Responsive Declaration. Then the first party is allowed to rebut the Responsive Declaration. Be sure to serve it on the responsive party according to the Civil Rules of Court (see above).

Now as to the Form, I am not sure. You can just use a blank pleading form - I think. Check with the Family Law Facilitator's office - that's what they are there for.