Responsive declaration to RFO (FL-320): file and serve before hearing

9 court days before rfo hearing date, under Cal. Code Civ. Proc. 1005(b), (c) (via Cal. Rules of Court, rule 5.92(a)(1)(C), (g)).

Rule text

CCP 1005(b): "All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing." CCP 1005(c): "Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed."

Cal. Code Civ. Proc. 1005(b), (c) (via Cal. Rules of Court, rule 5.92(a)(1)(C), (g)), official source

Calculate this deadline

Deadline
Monday, October 26, 2026
  1. Trigger (RFO hearing date): Friday, November 6, 2026.
  2. Count back 9 court days (Saturdays, Sundays, and court holidays are not counted): Monday, October 26, 2026.
Rules applied
Cal. Code Civ. Proc. 1005(b), (c) (via Cal. Rules of Court, rule 5.92(a)(1)(C), (g))
CCP 1005(b): "All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing." CCP 1005(c): "Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed."
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
  • No service-method add-on: 1005(b) excludes CCP 1013 and 1005(c) requires a method ensuring delivery by the next business day after filing. CRC 5.92(g)(6) says the FL-320 'may be served on the parties by mail, unless otherwise required by court order', but the mail must still satisfy 1005(c)'s next-business-day delivery standard (AMBIGUITY in practice: some practitioners mail FL-320 earlier to allow for delivery). A completed FL-150 must be filed with the FL-320 when support/fees/property are at issue (5.92(g)(3)). Late papers may not be rejected for filing, but the court may refuse to consider them (CRC 5.94(c)). Papers are timely if submitted before the clerk's office closes on the due date (CRC 5.94(d)).
  • 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

RFO hearing date on Monday, March 15, 2027, personal service: due Tuesday, March 2, 2027.

  1. Trigger (RFO hearing date): Monday, March 15, 2027.
  2. Count back 9 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, March 2, 2027.

Notes

No service-method add-on: 1005(b) excludes CCP 1013 and 1005(c) requires a method ensuring delivery by the next business day after filing. CRC 5.92(g)(6) says the FL-320 'may be served on the parties by mail, unless otherwise required by court order', but the mail must still satisfy 1005(c)'s next-business-day delivery standard (AMBIGUITY in practice: some practitioners mail FL-320 earlier to allow for delivery). A completed FL-150 must be filed with the FL-320 when support/fees/property are at issue (5.92(g)(3)). Late papers may not be rejected for filing, but the court may refuse to consider them (CRC 5.94(c)). Papers are timely if submitted before the clerk's office closes on the due date (CRC 5.94(d)).

Related deadlines

All California family law deadlines

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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.