Notice of Motion Packet
Use a Notice of Motion to get a hearing before a judge.
Step 1: Filling out the paperwork
Notice of Motion (FL-301): Fill out the first page. This gives the basic reason(s) for the hearing. The clerk will give you a hearing date when you file your papers (see Step 2). Leave the proof of service on page two blank (You will use FL-335 instead).
Application for Order and Supporting Declaration (FL-310): This is where you explain what you want the judge to order, and why. Answer all of the questions that apply to you. You must explain the reasons why you think the judge should make these orders-you will do this in the "Facts in Support" on page two. If you do not fill out "Facts in Support" your motion will be denied. If you need more room, you can attach extra pages. **** Note: If your motion is for child or spousal support, you will need to fill out an Income and Expense Declaration (FL-150). Process it along with your Notice of Motion papers.
Step 2: Making Copies and Filing the paperwork
Sign and date the paperwork that you filled out in Step 1. Make two copies. Bring the originals and two copies to the court for filing.
There is a $40.00 fee to file your Motion with the court. If the Motion is for custody and/or visitation, it will cost $25.00 more (total $65.00). The court takes cash or check only. Checks should be made out to Placer County Superior Court. If you cannot to pay the filing fees, ask the clerk to give you the forms to ask the court to waive your filing fees.
File your papers at the Family Court, at 10820 Justice Center Drive Roseville, CA 95678 . You can bring the papers in person or you can mail them to the court. If you mail the papers, be sure to include a self-addressed, stamped envelope to get your two copies back. The court clerk will give you back the two copies. They will have a court stamp and your hearing date on them. One copy is for your records; one copy is for serving on the other party.
Step 3: Serving the papers
You must serve a copy of all the papers on the other party, along with the attached blank Responsive Declaration (FL-320). If your court date is about support, you must also include a blank Income and Expense Declaration (FL-150). You cannot serve the papers yourself. A Notice of Motion can be served by mail. Have a friend over the age of eighteen mail the papers to the other party.
Step 4: Filling out the proof of service
The person who serves the papers on the other party needs to fill out the attached Proof of Service by Mail (FL-335). Be sure to have him or her fill out the whole form. The Proof of Service needs to be filed with the court before your hearing (see Step 2). There is no fee for this. You do not need to make any copies unless you want one for your records (a good idea!).
Remember to go to your court date!!!