How to Complete and File California FL-309: Good Cause, Notice, and Service

The California FL-309 form, titled “Order on Request to Reschedule Hearing,” is the proposed order you hand the judge when asking to move a family law hearing date. You complete only items 1 through 4 at the top — the case caption, current hearing date, who filed the original motion, who is asking to reschedule, and what you’re requesting. The judge fills in everything below, either granting or denying the request and setting any conditions.¹ FL-309 is never filed alone. It rides along with a separate request form, usually FL-306 or FL-307, as the ready-made order for the judge to sign if the request is approved.

When You File FL-309

FL-309 is used whenever a scheduled family law hearing needs to be postponed and the parties have not signed a written agreement on the new date. That covers three situations:²

A written request filed before the hearing. You submit FL-306 or FL-307 with a completed top portion of FL-309.
An oral request made at the hearing itself, when you could not file in advance. You still bring a proposed FL-309 for the judge to fill out on the spot.
A request by either party. It doesn’t matter whether you filed the original Request for Order (FL-300) or received it.

If both sides agree on a new date, FL-309 isn’t the right form. Use the Agreement and Order to Reschedule Hearing (FL-308) instead.² FL-309 is for contested or one-sided requests where the judge has to decide.

Completing the Top of FL-309

Your responsibility on FL-309 stops at item 4. Items 5 through 12 belong to the judge.³

Caption. Enter petitioner and respondent names, the county superior court, and the case number. Copy these exactly from the FL-300 or whatever moving paper started the hearing.
Item 1, current hearing date. Write the date the hearing is currently scheduled for. It appears on the first page of the FL-300.⁴
Item 2, who filed the original motion. The name of the party who filed the Request for Order, order to show cause, or other moving paper.
Item 3, who is asking to reschedule. Your name, or whoever is making the request. This may or may not be the same person as item 2.
Item 4, the request. State briefly what you’re asking for — a new date, more time to prepare, a change to temporary orders. The detailed explanation goes on FL-306 or FL-307, not here.

Leave items 5 through 12 blank. The new hearing date, the court’s reasoning, service instructions, and any orders about temporary emergency orders are all for the judge to complete.

Choosing the Right Companion Form

FL-309 always travels with a request form that explains why the hearing needs to move. Which one you pick depends on whether temporary emergency (ex parte) orders are in place.⁵

FL-306 for Standard Rescheduling

Use FL-306 when the hearing does not involve temporary emergency orders, or when it does but you want those orders to continue unchanged through the new hearing. FL-306 asks you to identify the hearing, explain why you need a continuance, and confirm that you have notified the other party. It also reminds filers not to use the form for domestic violence restraining order hearings, which follow a separate process.⁶

FL-307 When Temporary Emergency Orders Are in Play

Use FL-307 when temporary emergency orders already exist and you want the court to modify, extend, or terminate them as part of the reschedule. This form requires you to explain the request and submit the proposed FL-309 alongside it.⁷

Both forms direct you to submit documents at least five court days before the current hearing date, unless you have a strong reason for filing later.⁶

Showing Good Cause

Unless both parties agree, the court will only reschedule for a good reason. Wanting more time or finding the date inconvenient is not enough.⁸ Reasons that typically qualify:

A key witness or party is unavailable because of illness, death, or another circumstance beyond their control.
Trial counsel is unavailable due to illness or engagement in another trial.
You recently substituted attorneys and new counsel needs time to prepare.
Essential evidence is missing despite reasonable efforts to obtain it.
The case has changed significantly in an unanticipated way, making the hearing premature.
The other party was never served with the original Request for Order — the most common and straightforward basis.

FL-309 itself lists reasons the court may check when granting a reschedule: papers not served in time, referral to custody mediation before the hearing, or a first request by the responding party involving property-restraint emergency orders.³ The form also has a catch-all “other good cause” box. The explanation on your FL-306 or FL-307 is where you make the case, so be specific about what changed and why the hearing can’t go forward as scheduled.

Notice, Service, and Filing

The court will not consider your request until you have notified the other party and given them a copy of your filing at the first reasonable opportunity. Both FL-306 and FL-307 require this.⁶ The steps:

Notify the other side that you’re asking to reschedule. Phone, in person, or through their attorney is fine. The point is advance notice.
Serve copies of the request. Someone at least 18 and not a party to the case delivers copies of FL-306 or FL-307 and your proposed FL-309 to the other party.⁹
File proof of notice and service. Include proof with your filing. You can use FL-303 (Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders) or a local court form.²

Filing procedure varies by courthouse. Some courts let a judge decide on the papers alone; others require an appearance. Check your court’s local rules or ask the self-help center before filing.⁵

A filing fee may apply. Under Government Code section 70677, a stipulation or request for continuance that does not require a hearing carries a $20 fee, and a motion that does require a hearing in a family law matter costs $60. If you can’t afford it, file a Request to Waive Court Fees (FW-001).¹⁰

What the Judge Decides

After reviewing the request, the judge completes the lower portion of FL-309 with one of three outcomes:³

Granted. The court sets a new hearing date, time, department, and room. If temporary emergency orders exist, the judge specifies whether they continue, expire on a set date, or are modified.
Denied. The judge checks the denial box and writes the reasons. The original hearing date holds, and you need to be ready to appear.
Granted with modifications. The court reschedules but changes existing temporary emergency orders, or orders the parties to attend child custody mediation or recommending counseling before the new date.

The judge’s signature is what turns FL-309 from a proposed order into a binding one. Until that signature is on the page, the original hearing date is still live.

After the Court Signs the Order

Getting the signature isn’t the finish line. California Rules of Court, Rule 5.95, requires the party who requested the reschedule to serve a filed copy of the signed FL-309 on the other party, along with:¹¹

A copy of the originally filed Request for Order (FL-300) or other moving paper.
Any temporary emergency (ex parte) orders, including modifications the judge made on FL-309.
Supporting documents referenced in the order.

The signed FL-309 itself specifies how service must happen (personally, by mail, or another method) and sets a deadline. If the court also set a deadline for the other party to file a Responsive Declaration (FL-320), that date appears on FL-309 too.³

If you fail to serve the signed order and accompanying papers, you may have to repeat the entire request process before the court will proceed on the new date.¹¹ Self-represented litigants often stumble here. The hearing cannot move forward on the rescheduled date unless the other side has the paperwork.

Rescheduling With Temporary Emergency Orders in Effect

Things get more complicated when temporary emergency (ex parte) orders are already in place, such as temporary custody arrangements, move-out orders, or property restraints. The default rule under Rule 5.95 is that these orders remain in effect until after the new hearing ends, unless the court says otherwise.¹¹ The judge has broad discretion on FL-309 to terminate or modify those orders as a condition of granting the continuance.

Think about this before filing. If you benefit from existing temporary orders, rescheduling can give the other side an opening to argue those orders should change. If you want temporary orders lifted, the reschedule hearing is a chance to raise that, but you need FL-307 rather than FL-306 to put the issue squarely before the judge.⁷ Filing the wrong companion form can leave temporary orders in place longer than either party intended.

1
California Courts. Order on Request to Reschedule Hearing (Family Law) (FL-309)
2
Judicial Council of California. FL-304-INFO How to Reschedule a Hearing in Family Court
3
Judicial Council of California. FL-309 Order on Request to Reschedule Hearing
4
California Courts. Request for Order (form FL-300)
5
California Courts. Reschedule a Family Law Court Date
6
Judicial Council of California. FL-306 Request to Reschedule Hearing
7
Judicial Council of California. FL-307 Request to Reschedule Hearing Involving Temporary Emergency (Ex Parte) Orders
8
Judicial Branch of California. California Rules of Court Rule 3.1332 – Motion or Application for Continuance of Trial
9
California Courts. Serving Court Papers
10
California Courts. Request to Waive Court Fees (FW-001)
11
Judicial Branch of California. California Rules of Court Rule 5.95 – Request to Reschedule Hearing