Cal. Rules of Court, rule 5.94 · Article 2. Filing and Service
Order shortening time; other filing requirements; failure to serve request for order
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Order shortening time
The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.
(b) Time for filing proof of service
Proof of service of the Request for Order (FL-300) and supporting papers should be filed five court days before the hearing date.
(c) Filing of late papers
No papers relating to a request for order or responsive declaration to the request may be rejected for filing on the ground that they were untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.
(d) Timely submission to court clerk
The papers requesting an order or responding to the request are deemed timely filed if they are submitted:
(1) Before the close of the court clerk's office to the public; and
(2) On or before the day the papers are due.
(e) Failure to serve request for order
The Request for Order (form FL-300) or other moving papers such as an order to show cause, along with any temporary emergency (ex parte) orders, will expire on the date and time of the scheduled hearing if the requesting party fails to:
(1) Have the other party served before the hearing with the Request for Order (form FL-300) or other moving papers, such as an order to show cause; supporting documents; and any temporary emergency (ex parte) orders; or
(2) Obtain a court order to reschedule the hearing, as described in rule 5.95.
Notes and commentary — not rule text
History
(Subd (c) amended and relettered effective July 1, 2016; adopted as subd (d).)
(Subd (d) amended and relettered effective July 1, 2016; adopted as subd (e).)
(Subd (e) amended effective July 1, 2020; adopted as subd (c); previously amended and relettered effective July 1, 2016; previously amended effective September 1, 2017.)
Rule 5.94 amended effective July 1, 2020; adopted effective January 1, 2013; previously amended effective July 1, 2016, and September 1, 2017.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/five/rule5_94
- Text hash
- sha256 fe01f9c9c83f083da36073bf4b36c6455ce98a516d755b0ccf32d09c2f642064
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
California Rules of Court
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.