In Part One, we discussed the process and grounds required for obtaining “Ex Parte” relief.Depending on the circumstances of your case, ex parte relief may be very difficult to obtain. What may seem like an emergency to you may not seem so to a grizzled family law judge who has heard stories seemingly more tragic or critical than yours.
An alternative to ex parte relief is obtaining an Order Shortening Time, which you’ll often heard referred to as an OST.
Order Shortening Time in Family Court: What to Know
An order shortening time can speed up a California family court request without the higher bar of an ex parte application. Keep these points in mind before you file.
- It shortens the other side’s response time: An OST mainly reduces the time the other party has to respond, which usually brings the hearing sooner but does not guarantee a faster outcome.
- Good cause is required: Because the other party has a right to time to prepare, you need a declaration showing good cause for less time than the standard 16 court days (Cal. Rules of Court, rule 5.92(d); Code Civ. Proc. § 1005(b)).
- Use Form FL-300 and check local rules: The request is made on the FL-300 as a temporary emergency order, and procedures vary by county, including Yolo, Sacramento, and Placer.
- Ex parte is a higher bar: Ex parte relief requires a factual showing of irreparable harm or immediate danger (rule 5.151) and generally notice by 10:00 a.m. the court day before the hearing (rule 5.165).
What is an Order Shortening Time?
The order you’re asking for is not necessary an order shortening the amount of time it takes to obtain a hearing and/or judgment (although that is the effect it generally has). The order is to shorten the time between which you request the relief and the time the other party has to respond.
Under the U.S. system of justice, individuals who are hauled into court have certain rights, one of those being enough time to prepare a response to the cause of action that brought them there. To the extent you are shortening the time they have to respond to your request, you are impinging on that right.
That is why in order to do so courts require that your request for such an order come with a succinct description of the “good cause” for requesting it. In other words, the court requires you to have a very good reason that it should grant your request to shorten the time the other party has to respond (and thereby the time it takes to get to court), and express that reason well.
Like ex parte’s, the procedures for requesting an OST differ from county to county. So if you live in Yolo County, Sacramento County, or Placer County, be sure to reference your local court rules for the preferred procedure.
The request should accompany your Request for Orders (which will contain the relief you are requesting on such a shortened time frame). There you must spell out how much you would like to shorten the window, and why.
When Time Is Not on Your Side
Urgent Family Court Problems Deserve a Clear Plan.
When a delay could affect your children, your finances, or your family’s stability, waiting for a regular court date can feel impossible. Pakpour Banks LLP can explain your options for seeking relief sooner and help you decide on a next step. Schedule a consultation and talk it through.
Schedule a ConsultationHow is an Order Shortening Time Different than an Ex Parte?
The differences between OSTs and ex parte’s are two-fold. First, unlike an ex parte, which requires a hearing within the next 24 hours, an OST is somewhat more flexible. You are typically in court within one or two weeks.
The biggest difference, however is in the level of scrutiny applied to your case. When you ask for ex parte relief, the judge must apply a heightened level of scrutiny. In addition, you are obliged to provide the court a full picture of the facts, even those that are unfavorable to your case.
Under an OST, however, there is no heightened scrutiny. Instead, so long as you qualify for an OST in the first place, the judge will apply the normal standard of scrutiny to your case.
Why would you need an Order Shortening Time? Some issues require immediate attention, even if they are not technically “blood on the floor” emergencies. For example, if your spouse has control of the marital assets and you learn that he plans to sell them off and spend all the money, you would justifiably want the court to give you immediate control of those assets so your spouse cannot do that. If you wait for a hearing on the normal court calendar, it may be too late to do anything about it. That is just one scenario, but there are many others.
Order Shortening Time in California: Your Questions Answered
An order shortening time (OST) is a court order that reduces the time normally allowed to serve the other party or to reach a hearing on your request. You ask for it on Form FL-300 with facts showing good cause (Cal. Rules of Court, rule 5.92(d)). In practice, it mainly shortens the other side’s window to respond.
Standard motion papers must be served and filed at least 16 court days before the hearing, with extra days added for mail service, unless the court orders otherwise (Code Civ. Proc. § 1005(b)). Timelines can differ for certain requests, such as post-judgment custody matters, so confirm which rules apply to your filing.
Submit your request on Form FL-300 as a temporary emergency order, supported by a declaration showing good cause for the shorter time (Cal. Rules of Court, rules 5.92(d), 5.151 to 5.169). State how much time you want removed and why. Procedures vary by county, so check local rules for courts such as Yolo, Sacramento, and Placer.
Ex parte applications cover matters that cannot wait for the regular calendar and require an affirmative factual showing of irreparable harm or immediate danger (rule 5.151), with notice generally received by 10:00 a.m. the court day before the hearing (rule 5.165). An OST is a narrower request for less time, rather than immediate orders.
Good cause means facts, set out in a declaration, that explain why the regular timeline will not work (Cal. Rules of Court, rule 5.92(d)). One example is a spouse who controls marital assets and plans to sell them and spend the proceeds before a regularly scheduled hearing. The court decides each request on its own facts.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.