Request for order (FL-300): serve and file moving papers before hearing

16 court days before rfo hearing date, under Cal. Code Civ. Proc. 1005(b) (via Cal. Rules of Court, rule 5.92(a)(1)(A), (d)(2); Fam. Code 210).

Rule text

CCP 1005(b): "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section." CRC 5.92(a)(1)(A): "The term "request for order" has the same meaning as the terms "motion" or "notice of motion" when they are used in the Code of Civil Procedure;"

Cal. Code Civ. Proc. 1005(b) (via Cal. Rules of Court, rule 5.92(a)(1)(A), (d)(2); Fam. Code 210), official source

Calculate this deadline

Deadline
Thursday, October 15, 2026
  1. Trigger (RFO hearing date): Friday, November 6, 2026.
  2. Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, October 15, 2026.
Rules applied
Cal. Code Civ. Proc. 1005(b) (via Cal. Rules of Court, rule 5.92(a)(1)(A), (d)(2); Fam. Code 210)
CCP 1005(b): "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section." CRC 5.92(a)(1)(A): "The term "request for order" has the same meaning as the terms "motion" or "notice of motion" when they are used in the Code of Civil Procedure;"
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
  • Use service_method_adjustments (CCP 1005(b)), NOT the general CCP 1013 table. Family-specific variations (CRC 5.92(f)): personal service (summons-style, CCP 415.10-415.95) is REQUIRED if temporary emergency orders were granted, the respondent has not yet appeared (CRC 5.62), or the court ordered personal service; post-judgment RFOs and RFOs after a permanent custody/visitation/support order must be served on the PARTY, not just counsel (Fam. Code 215(a)), and may be served by mail only with address verification (Fam. Code 215(b); CRC 5.92(f)(2)). Order shortening time: CRC 5.92(d), 5.94(a). CRC 5.92 itself sets no day counts; the 16/9/5 court-day periods come from CCP 1005(b). Local rules may set additional family-law requirements. If the RFO is not served before the hearing (and not rescheduled under CRC 5.95), the RFO and any temporary orders expire at the hearing (CRC 5.94(e)).
  • 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 Friday, February 19, 2027.

  1. Trigger (RFO hearing date): Monday, March 15, 2027.
  2. Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Friday, February 19, 2027.

Notes

Use service_method_adjustments (CCP 1005(b)), NOT the general CCP 1013 table. Family-specific variations (CRC 5.92(f)): personal service (summons-style, CCP 415.10-415.95) is REQUIRED if temporary emergency orders were granted, the respondent has not yet appeared (CRC 5.62), or the court ordered personal service; post-judgment RFOs and RFOs after a permanent custody/visitation/support order must be served on the PARTY, not just counsel (Fam. Code 215(a)), and may be served by mail only with address verification (Fam. Code 215(b); CRC 5.92(f)(2)). Order shortening time: CRC 5.92(d), 5.94(a). CRC 5.92 itself sets no day counts; the 16/9/5 court-day periods come from CCP 1005(b). Local rules may set additional family-law requirements. If the RFO is not served before the hearing (and not rescheduled under CRC 5.95), the RFO and any temporary orders expire at the hearing (CRC 5.94(e)).

Related deadlines

All California family law deadlines

Local rules by county

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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.