Skip to main content

How to serve a Request for Order (FL-300) in California?

Van Nuys, CA |
Filed under: Family law

My ex and I are already in a court case and temporary orders have been issued. Nothing is final. I need to serve a Request for Order and need to know service requirements. Does the petitioner get personally served or can I serve his attorney of record?

Attorney Answers 3

Posted

You cannot serve anyone. You need to get someone else to serve on your behalf. If he is represented by counsel, then the RFO is served on his attorney. The RFO can be served by U.S. Mail.

Mark as helpful

1 lawyer agrees

Posted

Given that temporary orders have issued, I am assuming that both you and your ex showed up at court the day these orders were requested. The reason this assumption is necessary is because I am assuming that both of you have made a general appearance in this matter. This is a legal technical term that gives the court indication about whether the court has jurisdiction over the parties and whether the parties have notice and have had the opportunity to review and respond to the initiating Complaint and/or Petition.

Once general appearances have been made by both parties, the Request for Order can be served via mail by someone OTHER THAN YOU who is not a party to the action and who is over the age of 18. Since the other party is represented by counsel, then it is appropriate to serve the RFO on their attorney. This can also be done by mail by a third party over the age of 18. Remember to have this person sign a Proof of Service form showing the court when and where service was effectuated.

If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It's easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

I agree with my colleagues. You cannot serve the RFO by yourself, and need a third party who is over 18 to serve it. As the other party has an attorney of record, you will need to serve that party's attorney. Service can be made either personally or via u.s. mail. The person effectuating service must serve the RFO no later than 16 court days before the hearing for service to be timely. If they serve it for you by mail, ensure that they add 5 calendar days if it is mailed to/from California, or 10 calendar days if it is mailed to/from a location outside of California (add 20 days if international). Ensure that the person serving fills out the appropriate "proof of service" form (e.g "proof of service by mail" or "proof of service by personal service"). I would also recommend filing the proof of service with the court prior to the hearing to prevent the other side from claiming they were not served timely.

Please be advised that the answer above is a very general answer, which may not apply to the fact-specific circumstances of your case. I suggest, advise and encourage you to speak to an attorney right away regarding your situation.

Mark as helpful

1 found this helpful

2 lawyers agree

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics