FL-303: Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders

Enter the state bar number, name, firm name, street address, city, state, zip code, telephone no., fax no., e-mail address and attorney for (name).

Enter the county after Superior Court of California, County of, then the street address, mailing address, city and zip code and branch name.

Enter the petitioner, respondent and other parent/party, and the case number.

Under 1., after I am (specify), mark attorney for, petitioner, respondent or other parent/party as they apply, or mark not a party in the case and enter (name and title/relationship to party).

Under 2., mark I did or did not give notice (select all that apply) that papers will be submitted to the court on the request, or that there will be an emergency court hearing.

Mark for temporary emergency (ex parte) orders, to reschedule a hearing, or to reschedule a hearing involving temporary emergency (ex parte) orders, on the date, time, and location indicated in Date, Time, Dept. and Room.

For the Address of court, mark same or other (specify).

Under a., I gave notice to (select all that apply): petitioner, respondent, petitioner's attorney, respondent's attorney, other parent/party, other parent's/party's attorney, child's attorney, or other (specify).

Under I gave notice (2), enter on (date) and mark personally at (location), California.

Mark by telephone using telephone no., by fax using fax no., or by voicemail using voicemail no.

Mark by electronic means (if permitted) with the electronic service address of person, or by overnight mail or other overnight carrier with the address of delivery.

Under (3), I gave notice (select one): by 10 a.m. the court day before this emergency hearing, or after 10 a.m. the court day before this emergency hearing because of exceptional circumstances, and specify them.

In 3a(4), enter the temporary emergency orders that you notified the person in 3a(1) are being requested (specify), or mark Attachment 3a(5).

Under (5), enter how the person in 3a(1) responded. Under (6), mark I do or do not believe that the person in 3a(1) will oppose the request for temporary emergency orders.

Under b, Request for waiver of notice, due to exceptional circumstances you did not give notice about the request for temporary emergency orders. Ask the court to waive notice to the other party to help prevent immediate danger or irreparable harm to myself (or my client) or to the children in the case, an immediate risk that the children in the case will be removed from the state of California, or immediate loss or damage to property subject to disposition in the case.

Mark other exceptional circumstances (specify), then enter the facts showing exceptional circumstances in support of the request to waive notice, or mark Attachment 3b.

Under c, Unable to provide notice, you did not give notice about the request for temporary emergency orders. You used your best efforts to tell the opposing party when and where this hearing would take place but were unable to do so. Enter the efforts you made to inform the other person (specify), or mark Attachment 3c.

Under SERVICE OF DOCUMENTS, mark who the documents were served on before the request was filed with the court: petitioner, other parent/party, respondent, petitioner's attorney, respondent's attorney, other parent's/party's attorney, child's attorney, or other (specify).

Mark (1) a copy of Request for Order (form FL-300) for temporary emergency orders, and Temporary Emergency (Ex Parte) Orders (form FL-305).

Mark a copy of a request to reschedule hearing and Order on Request to Reschedule Hearing (form FL-309). Form FL-306 may be used for the request.

Mark a copy of a request to reschedule hearing involving temporary emergency (ex parte) orders and Order on Request to Reschedule Hearing (form FL-309). Form FL-307 may be used for the request.

Mark Other documents (specify).

Under Documents were served on, enter the (date), and mark personally at (location), California, or by fax on using fax no.

Mark by electronic means (if permitted) with the electronic service address of person served, or by overnight mail or other overnight carrier with the address of delivery.

Under c, mark that documents were not served on the opposing party due to the exceptional circumstances specified in 3b or 3c, or mark Attachment 4c.

Enter the Date, type or print your name and sign.

Form FL-303 is the Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, a Judicial Council of California form approved for optional use. 3. NOTICE: If you gave notice, complete item 3a. If you did not give notice, complete item 3b or 3c.

Do not use this form to ask for domestic violence restraining orders. Before completing this form, read your court's local procedures for requesting temporary emergency orders and obtaining the information needed to complete item 2 of this form. Courts may grant temporary emergency orders with or without an emergency hearing.