Schedule a court hearing
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Use this if you are filing a motion in your family law case and you need to schedule a hearing for the judge to consider it. (Form and instructions)
Forms
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Notice of Hearing (family law)
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When you file a motion asking the judge to decide something in your case, you must also schedule a hearing. Courts have different ‘dockets’ or ‘calendars’ each week where they hear different types of cases.
A motion is any request you make to the judge while your case is in progress, before or after a trial. Get family forms to find the right motion forms for your situation.
For most motions, you must put all your requests and evidence in writing, schedule a hearing, file your papers with the court clerk, and serve the other party. You can file written statements (called declarations) from yourself and other people supporting your case. The other party can respond in writing.
This is different from a trial where witnesses must testify in person. The judge holds a trial to make a final decision on all issues in your case.
Step-by-step
Contact the Superior Court Clerk. Tell the clerk what type of motion you’re filing and ask when you can schedule a hearing on that motion. Leave yourself enough time to serve the other party. Usually, you must serve the other party at least 14 days before the hearing. Ask the clerk if there’s a different deadline for your type of motion.
Ask the clerk if they have a special form you must use to schedule a hearing. (Some courts call it a “Note for Motion Docket,” a “Notice of Issue,” or a “Note for Hearing.”) If not, you can use this form.
Fill out the form.
Caption. Put the Petitioner and Respondent names in the blanks at the top left. Put the county and your case number in the blanks at the top right.
Form section 1. Put the hearing date and time you got from the clerk. Put the courthouse address, courtroom number, and name of the docket or judge.
Form section 2. Purpose of the hearing. Put the name of the motion you’re filing. (Example: Motion for Temporary Family Law Order.)
This hearing was requested by: Check if you are the petitioner or respondent.
Person asking for this hearing signs here: Sign and print your name and address. Put the date. Read the box about your address.
Make copies. You need one copy of each completed form for yourself, one for the judge, and one for each other party to your case.
Organize the copies in sets, so there’s one set for each person who needs a copy. You don’t have to give the other party a copy of the Proof of Mailing or Hand Delivery. Put each set of papers into an envelope addressed to each party, with your return address. You’ll use these sets for service.
If a child support prosecutor (often called “the state”) is involved in your case, you’ll need to serve them with a copy of everything you file in court. Make an extra copy to serve on them.
File the originals with the Superior Court Clerk. Give the clerk the originals of all your forms for filing except you should ask the clerk what to do with the originals of any proposed orders. Follow the clerk’s instructions.
Ask the clerk to stamp your copies to show the date you filed the originals. Take the stamped copies back from the clerk. The clerk keeps the original.
Deliver working copies to the judge, if required in your county.
Serve the other party (or parties) with copies of everything you filed, and any proposed orders. Most counties require service at least 14 days before a hearing. Ask the clerk if your county’s deadline is different.
Follow the rules for service after a case starts. You can serve most motion papers yourself, but it’s better to have someone else do it. Ask an adult friend or relative to do it for you. If the other party has a lawyer, have the papers served on the lawyer.
Have the server fill out the Proof of Mailing or Hand Delivery. Make 2 copies. File the original with the Superior Court Clerk. Bring your copies to the hearing.
Go to your hearing.