RFO served, no agreement: submit contested Request to Reschedule Hearing with notice declaration
5 court days before current hearing date on the rfo / osc, under Cal. Rules of Court, rule 5.95(d)(1)(A)(iv).
Rule text
(d)(1)(A)(iv) The party should submit the forms in (iii) to the court no later than five court days before the hearing date set on the Request for Order (form FL-300), order to show cause, or other moving paper.
Cal. Rules of Court, rule 5.95(d)(1)(A)(iv), official source
Calculate this deadline
- Trigger (Current hearing date on the RFO / OSC): Friday, November 6, 2026.
- Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
Cal. Rules of Court, rule 5.95(d)(1)(A)(iv)
(d)(1)(A)(iv) The party should submit the forms in (iii) to the court no later than five court days before the hearing date set on the Request for Order (form FL-300), order to show cause, or other moving paper.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- The other party must first be notified and served under ex parte notice rules 5.151-5.169 ((d)(1)(A)(ii)); granted only on good cause. Rule 5.95 says the request 'should' be submitted by this date (directory, not jurisdictional); a party may instead appear on the hearing date and orally ask to reschedule. Not for DVPA ex parte restraining order requests unless stated (5.95(a)). Local rules may add requirements.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Current hearing date on the RFO / OSC on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.
- Trigger (Current hearing date on the RFO / OSC): Monday, March 15, 2027.
- Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.
Notes
The other party must first be notified and served under ex parte notice rules 5.151-5.169 ((d)(1)(A)(ii)); granted only on good cause. Rule 5.95 says the request 'should' be submitted by this date (directory, not jurisdictional); a party may instead appear on the hearing date and orally ask to reschedule. Not for DVPA ex parte restraining order requests unless stated (5.95(a)). Local rules may add requirements.
Related deadlines
- Request for order (FL-300): serve and file moving papers before hearing (16 court days before)
- Responsive declaration to RFO (FL-320): file and serve before hearing (9 court days before)
- Reply declaration to responsive declaration: file and serve before hearing (5 court days before)
- Proof of service of RFO: file before hearing (5 court days before)
- Written objections to declarations (RFO hearing) (2 court days before)
- Temporary emergency (ex parte) orders: notice to other parties (1 court day before)
- Order after hearing: prepare and serve proposed order (10 days after)
- Order after hearing: other party approves or objects (20 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.