Filing and Serving FL-310: Responsive Declaration to Reschedule Hearing

The FL-310 form in California is the Responsive Declaration to Request to Reschedule Hearing. You file it when the other party in your family law case has filed Form FL-306 asking the court to move your hearing date, and you want to tell the judge whether you agree, disagree, or have specific dates that work better for you. It applies in family law, governmental, uniform parentage, custody, and support cases.¹

When You’d File FL-310

The trigger is simple. The other party files Form FL-306 asking the court to reschedule, serves you with a copy, and you decide whether to respond.²

FL-310 is optional. The court can rule on the rescheduling request without hearing from you. But if you object to moving the date, or if you agree but want a say in the new date, filing FL-310 is how you put that on the record. Without it, the judge only sees the other side’s reasons for needing a different day.

One boundary to keep straight. FL-310 only addresses the scheduling question. If the underlying motion is a Request for Order (Form FL-300) asking for custody, support, or other relief, your substantive response to that motion goes on Form FL-320, filed separately under Rule 5.92.³ FL-310 does not replace FL-320, and filing one does not cover the other.

How To Fill Out the Form

FL-310 is a single page. Before you start, pull out the FL-306 you were served with so you can match the current hearing date and the requesting party’s name.

Header and Case Information

Enter the court’s name, county, branch, and street address exactly as they appear on the FL-306. Add the petitioner’s name, the respondent’s name, and the case number from the existing file. If you have an attorney, their name, firm, state bar number, and contact information go in the upper-left block. Self-represented parties use the same block for their own contact details.

Section 1: Information About the Hearing

Two blanks. Write the name of the person asking to reschedule, and the date the hearing is currently set for. Copy both from the FL-306.

Section 2: Your Response

Check box (a) if you consent to rescheduling. Check box (b) if you do not. If you check (b), the form requires you to write out your specific reasons. Keep them concrete: that the delay would disturb a temporary support order already in place, that the other party has rescheduled before, that circumstances make the original date necessary. An unexplained objection gives the court nothing to weigh.

Section 3: Temporary Emergency Orders

Check whether the rescheduling request includes or does not include temporary emergency (ex parte) orders previously issued. This matters because moving the hearing can extend or change the life of those orders. If you aren’t sure, check the FL-306 and any prior orders in your file.

Section 4: Preferred Dates

If you want to propose when the hearing should land, this section gives you three options. You can ask that the hearing be set after a specific date, list dates you are unavailable, or write in another preference. You can use more than one at the same time.

Signature

Sign and date the form under penalty of perjury and print your name below the signature line. If an attorney is filing for you, the attorney signs.⁴

Filing and Serving the Form

File FL-310 with the clerk of the superior court where your case is pending. Do it quickly after you receive the FL-306, because the court can act on the rescheduling request before you have a chance to be heard if you wait.⁵

How To File

You can file in person at the clerk’s window, by mail, or through the court’s electronic filing portal. Bring the original plus at least two copies. The clerk keeps the original, stamps your copies as filed, and hands them back. One stamped copy is for your records; the other is for serving on the other party.⁶ If you mail your filing, include a self-addressed stamped envelope so the clerk can return the conformed copies.⁷

Many California courts now accept or require electronic filing for family law documents, particularly from attorneys. Self-represented parties are generally exempt from mandatory e-filing but can still e-file through an approved service provider.⁸ Check your local court’s website for its specific rules and approved vendors.

Fees

FL-310 does not carry its own fee if you have already filed papers in the case. The $60 fee for motions and orders to show cause in family law applies to the moving party’s filing, not to a responsive declaration.⁹ The $435 first-paper fee only comes up if FL-310 is somehow your very first filing in the case, which would be unusual.

If you cannot afford court fees, file a Request to Waive Court Fees (Form FW-001). An approved waiver covers responsive declarations and other documents.¹⁰

Serving the Other Party

After filing, you must have the other party served with a copy. Someone at least 18 years old who is not a party to your case has to deliver it.¹¹ For responsive declarations in family law, personal service must happen at least nine court days before the hearing. If service is by mail, add five calendar days to that deadline.¹²

Your server then completes a proof of service: Form FL-330 for personal service or Form FL-335 for mail.¹³ File the completed proof with the court. Without it, the court has no confirmation that the other party saw your response.

What the Court Does Next

Once both the FL-306 and your FL-310 are in front of a judicial officer, the court can grant the rescheduling request on a showing of good cause, deny it if good cause is lacking, or modify or terminate any temporary emergency orders tied to the hearing.⁵

The decision comes out on Form FL-309 (Order on Request to Reschedule Hearing). If the request is granted, the order sets the new hearing date. If denied, the original date stands and both sides should be ready to appear. Read the FL-309 carefully for any language about temporary orders, because a reschedule can extend or alter them.

If you consented and proposed specific dates, the court may or may not use your dates. New hearing dates depend on the court’s own calendar, so don’t assume your preferred day is the one you’ll get.

Mistakes To Avoid

Waiting too long. The court can rule on the FL-306 without your input, so file and serve as soon as you can after being served with the request.
Confusing FL-310 with FL-320. FL-310 handles the scheduling question only. FL-320 is your response to the merits of the underlying motion and is filed separately.
Forgetting the proof of service. Filing alone is not enough. Serve the other party and file the proof of service, or the court may disregard your response.
Checking box 2(b) without writing reasons. If you oppose the reschedule, the form requires your explanation. A blank objection carries no weight.

Related Forms

FL-306, Request to Reschedule Hearing — what the other party files to start the rescheduling process.²
FL-309, Order on Request to Reschedule Hearing — the court’s written ruling. The requesting party usually submits a proposed FL-309 with the FL-306.
FL-300, Request for Order — the underlying motion that set the hearing, often for custody or support.
FL-320, Responsive Declaration to Request for Order — your substantive response to the FL-300, due separately under Rule 5.92.³

1
California Courts Self Help Guide. Responsive Declaration to Request to Reschedule Hearing
2
California Courts Self Help Guide. Request to Reschedule Hearing
3
Judicial Branch of California. Rule 5.92 – Request for Court Order; Responsive Declaration
4
Judicial Council of California. Responsive Declaration to Request to Reschedule Hearing
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Judicial Branch of California. Rule 5.95 – Request to Reschedule Hearing
6
Superior Court of California. How to File Documents
7
California Courts. How to File Court Papers
8
Superior Court of California, County of Orange. eFiling for Family
9
Judicial Council of California. Statewide Civil Fee Schedule
10
California Courts Self Help Guide. Ask for a Fee Waiver
11
Judicial Council of California. Proof of Personal Service
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California Courts Self Help Guide. How to Serve Your Responsive Declaration
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Judicial Council of California. Proof of Service by Mail